Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 616
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .                                
             04/01/2015 05:41 PM       .                                

       Senator Legg moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (11) of section 1002.20, Florida
    6  Statutes, is amended to read:
    7         1002.20 K-12 student and parent rights.—Parents of public
    8  school students must receive accurate and timely information
    9  regarding their child’s academic progress and must be informed
   10  of ways they can help their child to succeed in school. K-12
   11  students and their parents are afforded numerous statutory
   12  rights including, but not limited to, the following:
   13         (11) STUDENTS WITH READING DEFICIENCIES.—Each elementary
   14  school shall regularly assess the reading ability of each K-3
   15  student. The parent of any K-3 student who exhibits a reading
   16  deficiency shall be immediately notified of the student’s
   17  deficiency with a description and explanation, in terms
   18  understandable to the parent, of the exact nature of the
   19  student’s difficulty in learning and lack of achievement in
   20  reading; shall be consulted in the development of a progress
   21  monitoring plan, as described in s. 1008.25(4)(b); and shall be
   22  informed that the student will be given intensive reading
   23  instruction until the deficiency is corrected. This subsection
   24  operates in addition to the remediation and notification
   25  provisions contained in s. 1008.25 and in no way reduces the
   26  rights of a parent or the responsibilities of a school district
   27  under that section.
   28         Section 2. Subsections (2) and (3) of section 1003.4156,
   29  Florida Statutes, are amended to read:
   30         1003.4156 General requirements for middle grades
   31  promotion.—
   32         (2) If a middle grades student scores Level l or Level 2 on
   33  the statewide, standardized Reading assessment or, when
   34  implemented, the English Language Arts (ELA) assessment, the
   35  following year the student must enroll in and complete a
   36  remedial course or a content area course in which remediation
   37  strategies are incorporated into course content delivery. The
   38  department shall provide guidance on appropriate strategies for
   39  diagnosing and meeting the varying instructional needs of
   40  students performing below grade level.
   41         (3) If a middle grades student scores Level 1 or Level 2 on
   42  the statewide, standardized Mathematics assessment, the
   43  following year the student must receive remediation, which may
   44  be integrated into the student’s required mathematics courses.
   45         Section 3. Subsection (5) of section 1003.4282, Florida
   46  Statutes, is amended to read:
   47         1003.4282 Requirements for a standard high school diploma.—
   49         (a) Each year a student scores Level 1 or Level 2 on the
   50  statewide, standardized grade 9 or grade 10 Reading assessment
   51  or, when implemented, the grade 9, grade 10, or grade 11 ELA
   52  assessment, the student must be enrolled in and complete an
   53  intensive remedial course the following year or be placed in a
   54  content area course that includes remediation of skills not
   55  acquired by the student.
   56         (b) Each year a student scores Level 1 or Level 2 on the
   57  statewide, standardized Algebra I EOC assessment, the student
   58  must be enrolled in and complete an intensive remedial course
   59  the following year or be placed in a content area course that
   60  includes remediation of skills not acquired by the student.
   61         Section 4. Paragraph (a) of subsection (1) of section
   62  1003.4285, Florida Statutes, is amended to read:
   63         1003.4285 Standard high school diploma designations.—
   64         (1) Each standard high school diploma shall include, as
   65  applicable, the following designations if the student meets the
   66  criteria set forth for the designation:
   67         (a) Scholar designation.—In addition to the requirements of
   68  s. 1003.4282, in order to earn the Scholar designation, a
   69  student must satisfy the following requirements:
   70         1. English Language Arts (ELA).—Beginning with students
   71  entering grade 9 in the 2014-2015 school year, pass the
   72  statewide, standardized grade 11 ELA assessment.
   73         1.2. Mathematics.—Earn one credit in Algebra II and one
   74  credit in statistics or an equally rigorous course. Beginning
   75  with students entering grade 9 in the 2014-2015 school year,
   76  pass the Algebra II and Geometry statewide, standardized
   77  assessments.
   78         2.3. Science.—Pass the statewide, standardized Biology I
   79  EOC assessment and earn one credit in chemistry or physics and
   80  one credit in a course equally rigorous to chemistry or physics.
   81  However, a student enrolled in an Advanced Placement (AP),
   82  International Baccalaureate (IB), or Advanced International
   83  Certificate of Education (AICE) Biology course who takes the
   84  respective AP, IB, or AICE Biology assessment and earns the
   85  minimum score necessary to earn college credit as identified
   86  pursuant to s. 1007.27(2) meets the requirement of this
   87  subparagraph without having to take the statewide, standardized
   88  Biology I EOC assessment.
   89         3.4. Social studies.—Pass the statewide, standardized
   90  United States History EOC assessment. However, a student
   91  enrolled in an AP, IB, or AICE course that includes United
   92  States History topics who takes the respective AP, IB, or AICE
   93  assessment and earns the minimum score necessary to earn college
   94  credit as identified pursuant to s. 1007.27(2) meets the
   95  requirement of this subparagraph without having to take the
   96  statewide, standardized United States History EOC assessment.
   97         4.5. Foreign language.—Earn two credits in the same foreign
   98  language.
   99         5.6. Electives.—Earn at least one credit in an Advanced
  100  Placement, an International Baccalaureate, an Advanced
  101  International Certificate of Education, or a dual enrollment
  102  course.
  103         Section 5. Subsections (1), (3), (4), and (6) of section
  104  1008.22, Florida Statutes, are amended, subsections (7) through
  105  (11) are redesignated as subsections (8) through (12),
  106  respectively, and a new subsection (7) is added to that section,
  107  to read:
  108         1008.22 Student assessment program for public schools.—
  109         (1) PURPOSE.—The primary purpose of the student assessment
  110  program is to provide student academic achievement and learning
  111  gains data to students, parents, teachers, school
  112  administrators, and school district staff. This data is to be
  113  used by districts to improve instruction; by students, parents,
  114  and teachers to guide learning objectives; by education
  115  researchers to assess national and international education
  116  comparison data; and by the public to assess the cost benefit of
  117  the expenditure of taxpayer dollars. The program must be
  118  designed to:
  119         (f) When available, provide instructional personnel with
  120  information on student achievement of standards and benchmarks
  121  in order to improve instruction.
  123  Commissioner of Education shall design and implement a
  124  statewide, standardized assessment program aligned to the core
  125  curricular content established in the Next Generation Sunshine
  126  State Standards. The commissioner also must develop or select
  127  and implement a common battery of assessment tools that will be
  128  used in all juvenile justice education programs in the state.
  129  These tools must accurately measure the core curricular content
  130  established in the Next Generation Sunshine State Standards.
  131  Participation in the assessment program is mandatory for all
  132  school districts and all students attending public schools,
  133  including adult students seeking a standard high school diploma
  134  under s. 1003.4282 and students in Department of Juvenile
  135  Justice education programs, except as otherwise provided by law.
  136  If a student does not participate in the assessment program, the
  137  school district must notify the student’s parent and provide the
  138  parent with information regarding the implications of such
  139  nonparticipation. The statewide, standardized assessment program
  140  shall be designed and implemented as follows:
  141         (a) Statewide, standardized comprehensive assessments.—The
  142  statewide, standardized Reading assessment shall be administered
  143  annually in grades 3 through 10. The statewide, standardized
  144  Writing assessment shall be administered annually at least once
  145  at the elementary, middle, and high school levels. When the
  146  Reading and Writing assessments are replaced by English Language
  147  Arts (ELA) assessments, ELA assessments shall be administered to
  148  students in grades 3 through 10 11. Retake opportunities for the
  149  grade 10 Reading assessment or, upon implementation, the grade
  150  10 ELA assessment must be provided. Students taking the ELA
  151  assessments shall not take the statewide, standardized
  152  assessments in Reading or Writing. ELA assessments shall be
  153  administered online. The statewide, standardized Mathematics
  154  assessments shall be administered annually in grades 3 through
  155  8. Students taking a revised Mathematics assessment shall not
  156  take the discontinued assessment. The statewide, standardized
  157  Science assessment shall be administered annually at least once
  158  at the elementary and middle grades levels. In order to earn a
  159  standard high school diploma, a student who has not earned a
  160  passing score on the grade 10 Reading assessment or, upon
  161  implementation, the grade 10 ELA assessment must earn a passing
  162  score on the assessment retake or earn a concordant score as
  163  authorized under subsection (8) (7).
  164         (b) End-of-course (EOC) assessments.—EOC assessments must
  165  be statewide, standardized, and developed or approved by the
  166  Department of Education as follows:
  167         1. EOC assessments for Algebra I, Geometry, Algebra II,
  168  Biology I, United States History, and Civics shall be
  169  administered to students enrolled in such courses as specified
  170  in the course code directory Statewide, standardized EOC
  171  assessments in mathematics shall be administered according to
  172  this subparagraph. Beginning with the 2010-2011 school year, all
  173  students enrolled in Algebra I must take the Algebra I EOC
  174  assessment. Except as otherwise provided in paragraph (c),
  175  beginning with students entering grade 9 in the 2011-2012 school
  176  year, a student who is enrolled in Algebra I must earn a passing
  177  score on the Algebra I EOC assessment or attain a comparative
  178  score as authorized under subsection (8) in order to earn a
  179  standard high school diploma. In order to earn a standard high
  180  school diploma, a student who has not earned a passing score on
  181  the Algebra I EOC assessment must earn a passing score on the
  182  assessment retake or a comparative score as authorized under
  183  subsection (8). Beginning with the 2011-2012 school year, all
  184  students enrolled in Geometry must take the Geometry EOC
  185  assessment. Middle grades students enrolled in Algebra I,
  186  Geometry, or Biology I must take the statewide, standardized EOC
  187  assessment for those courses and shall not take the
  188  corresponding subject and grade-level statewide, standardized
  189  assessment. When a statewide, standardized EOC assessment in
  190  Algebra II is administered, all students enrolled in Algebra II
  191  must take the EOC assessment. Pursuant to the commissioner’s
  192  implementation schedule, student performance on the Algebra II
  193  EOC assessment constitutes 30 percent of a student’s final
  194  course grade.
  195         2. Statewide, standardized EOC assessments in science shall
  196  be administered according to this subparagraph. Beginning with
  197  the 2011-2012 school year, all students enrolled in Biology I
  198  must take the Biology I EOC assessment. Beginning with students
  199  entering grade 9 in the 2013-2014 school year, performance on
  200  the Biology I EOC assessment constitutes 30 percent of the
  201  student’s final course grade.
  202         2.3.Students enrolled in a course, as specified in the
  203  course code directory, with an associated statewide,
  204  standardized EOC assessment must take the EOC assessment for
  205  such course and may not take the corresponding subject or grade
  206  level statewide, standardized assessment pursuant to paragraph
  207  (a). Sections 1003.4156 and 1003.4282 govern the use of
  208  statewide, standardized EOC assessment results for students
  209  Beginning with the 2013-2014 school year, each student’s
  210  performance on the statewide, standardized middle grades Civics
  211  EOC assessment constitutes 30 percent of the student’s final
  212  course grade in civics education.
  213         3.4. The commissioner may select one or more nationally
  214  developed comprehensive examinations, which may include
  215  examinations for a College Board Advanced Placement course,
  216  International Baccalaureate course, or Advanced International
  217  Certificate of Education course, or industry-approved
  218  examinations to earn national industry certifications identified
  219  in the Industry Certification Funding List, for use as EOC
  220  assessments under this paragraph if the commissioner determines
  221  that the content knowledge and skills assessed by the
  222  examinations meet or exceed the grade-level expectations for the
  223  core curricular content established for the course in the Next
  224  Generation Sunshine State Standards. Use of any such examination
  225  as an EOC assessment must be approved by the state board in
  226  rule.
  227         4.5. Contingent upon funding provided in the General
  228  Appropriations Act, including the appropriation of funds
  229  received through federal grants, the commissioner may establish
  230  an implementation schedule for the development and
  231  administration of additional statewide, standardized EOC
  232  assessments that must be approved by the state board in rule. If
  233  approved by the state board, student performance on such
  234  assessments constitutes 30 percent of a student’s final course
  235  grade.
  236         5.6. All statewide, standardized EOC assessments must be
  237  administered online except as otherwise provided in paragraph
  238  (c).
  239         (c) Students with disabilities; Florida Alternate
  240  Assessment.—
  241         1. Each district school board must provide instruction to
  242  prepare students with disabilities in the core content knowledge
  243  and skills necessary for successful grade-to-grade progression
  244  and high school graduation.
  245         2. A student with a disability, as defined in s. 1007.02,
  246  for whom the individual education plan (IEP) team determines
  247  that the statewide, standardized assessments under this section
  248  cannot accurately measure the student’s abilities, taking into
  249  consideration all allowable accommodations, shall have
  250  assessment results waived for the purpose of receiving a course
  251  grade and a standard high school diploma. Such waiver shall be
  252  designated on the student’s transcript. The statement of waiver
  253  shall be limited to a statement that performance on an
  254  assessment was waived for the purpose of receiving a course
  255  grade or a standard high school diploma, as applicable.
  256         3. The State Board of Education shall adopt rules, based
  257  upon recommendations of the commissioner, for the provision of
  258  assessment accommodations for students with disabilities and for
  259  students who have limited English proficiency.
  260         a. Accommodations that negate the validity of a statewide,
  261  standardized assessment are not allowed during the
  262  administration of the assessment. However, instructional
  263  accommodations are allowed in the classroom if identified in a
  264  student’s IEP. Students using instructional accommodations in
  265  the classroom that are not allowed on a statewide, standardized
  266  assessment may have assessment results waived if the IEP team
  267  determines that the assessment cannot accurately measure the
  268  student’s abilities.
  269         b. If a student is provided with instructional
  270  accommodations in the classroom that are not allowed as
  271  accommodations for statewide, standardized assessments, the
  272  district must inform the parent in writing and provide the
  273  parent with information regarding the impact on the student’s
  274  ability to meet expected performance levels. A parent must
  275  provide signed consent for a student to receive classroom
  276  instructional accommodations that would not be available or
  277  permitted on a statewide, standardized assessment and
  278  acknowledge in writing that he or she understands the
  279  implications of such instructional accommodations.
  280         c. If a student’s IEP states that online administration of
  281  a statewide, standardized assessment will significantly impair
  282  the student’s ability to perform, the assessment shall be
  283  administered in hard copy.
  284         4. For students with significant cognitive disabilities,
  285  the Department of Education shall provide for implementation of
  286  the Florida Alternate Assessment to accurately measure the core
  287  curricular content established in the Next Generation Sunshine
  288  State Standards.
  289         (d) Implementation schedule.—
  290         1. The Commissioner of Education shall establish and
  291  publish on the department’s website an implementation schedule
  292  to transition from the statewide, standardized Reading and
  293  Writing assessments to the ELA assessments and to the revised
  294  Mathematics assessments, including the Algebra I and Geometry
  295  EOC assessments. The schedule must take into consideration
  296  funding, sufficient field and baseline data, access to
  297  assessments, instructional alignment, and school district
  298  readiness to administer the assessments online. All such
  299  assessments must be delivered through computer-based testing,
  300  however, the following assessments must be delivered in a
  301  computer-based format, as follows: the grade 3 ELA assessment,
  302  beginning in the 2017-2018 school year; the grade 3 mathematics
  303  assessment beginning in the 2016-2017 school year; the grade 4
  304  ELA assessment, beginning in the 2015-2016 school year; and the
  305  grade 4 mathematics assessment, beginning in the 2016-2017
  306  school year.
  307         2. The Department of Education shall publish minimum and
  308  recommended technology requirements that include specifications
  309  for hardware, software, networking, security, and broadband
  310  capacity to facilitate school district compliance with the
  311  requirement that assessments be administered online.
  312         (e) Assessment scores and achievement levels.—
  313         1. All statewide, standardized EOC assessments and ELA,
  314  mathematics Reading, Writing, and Science assessments shall use
  315  scaled scores and achievement levels. Achievement levels shall
  316  range from 1 through 5, with level 1 being the lowest
  317  achievement level, level 5 being the highest achievement level,
  318  and level 3 indicating satisfactory performance on an
  319  assessment. For purposes of the statewide, standardized Writing
  320  assessment, student achievement shall be scored using a scale of
  321  1 through 6.
  322         2. The state board shall designate by rule a passing score
  323  for each statewide, standardized assessment.
  324         3. If the commissioner seeks to revise a statewide,
  325  standardized assessment and the revisions require the state
  326  board to modify performance level scores, including the passing
  327  score, the commissioner shall provide a copy of the proposed
  328  scores and implementation plan to the President of the Senate
  329  and the Speaker of the House of Representatives at least 90 days
  330  before submission to the state board for review. Until the state
  331  board adopts the modifications by rule, the commissioner shall
  332  use calculations for scoring the assessment that adjust student
  333  scores on the revised assessment for statistical equivalence to
  334  student scores on the former assessment. The state board shall
  335  adopt by rule the passing score for the revised assessment that
  336  is statistically equivalent to the passing score on the
  337  discontinued assessment for a student who is required to attain
  338  a passing score on the discontinued assessment. The commissioner
  339  may, with approval of the state board, discontinue
  340  administration of the former assessment upon the graduation,
  341  based on normal student progression, of students participating
  342  in the final regular administration of the former assessment. If
  343  the commissioner revises a statewide, standardized assessment
  344  and the revisions require the state board to modify the passing
  345  score, only students taking the assessment for the first time
  346  after the rule is adopted are affected.
  347         (f) Assessment schedules and reporting of results.—The
  348  Commissioner of Education shall establish schedules for the
  349  administration of assessments and the reporting of student
  350  assessment results. The commissioner shall consider the
  351  observance of religious and school holidays when developing the
  352  schedule. By August 1 of each year, the commissioner shall
  353  notify each school district in writing and publish on the
  354  department’s website the assessment and reporting schedules for,
  355  at a minimum, the school year following the upcoming school
  356  year. The assessment and reporting schedules must provide the
  357  earliest possible reporting of student assessment results to the
  358  school districts. Assessment results for the statewide,
  359  standardized Reading assessments, or upon implementation the ELA
  360  assessments, and Mathematics assessments, including the EOC
  361  assessments in Algebra I and Geometry, must be made available no
  362  later than the week of June 8. The administration of the
  363  statewide, standardized Writing assessment and the Florida
  364  Alternate Assessment may be no earlier than the week of March 1.
  365  School districts shall administer assessments in accordance with
  366  the schedule established by the commissioner.
  367         (f)(g)Prohibited activities.—A district school board shall
  368  prohibit each public school from suspending a regular program of
  369  curricula for purposes of administering practice assessments or
  370  engaging in other assessment-preparation activities for a
  371  statewide, standardized assessment. However, a district school
  372  board may authorize a public school to engage in the following
  373  assessment-preparation activities:
  374         1. Distributing to students sample assessment books and
  375  answer keys published by the Department of Education.
  376         2. Providing individualized instruction in assessment
  377  taking strategies, without suspending the school’s regular
  378  program of curricula, for a student who scores Level 1 or Level
  379  2 on a prior administration of an assessment.
  380         3. Providing individualized instruction in the content
  381  knowledge and skills assessed, without suspending the school’s
  382  regular program of curricula, for a student who scores Level 1
  383  or Level 2 on a prior administration of an assessment or a
  384  student who, through a diagnostic assessment administered by the
  385  school district, is identified as having a deficiency in the
  386  content knowledge and skills assessed.
  387         4. Administering a practice assessment or engaging in other
  388  assessment-preparation activities that are determined necessary
  389  to familiarize students with the organization of the assessment,
  390  the format of assessment items, and the assessment directions or
  391  that are otherwise necessary for the valid and reliable
  392  administration of the assessment, as set forth in rules adopted
  393  by the State Board of Education with specific reference to this
  394  paragraph.
  395         (g)(h)Contracts for assessments.—
  396         1. The commissioner shall provide for the assessments to be
  397  developed or obtained, as appropriate, through contracts and
  398  project agreements with private vendors, public vendors, public
  399  agencies, postsecondary educational institutions, or school
  400  districts. The commissioner may enter into contracts for the
  401  continued administration of the assessments authorized and
  402  funded by the Legislature. Contracts may be initiated in 1
  403  fiscal year and continue into the next fiscal year and may be
  404  paid from the appropriations of either or both fiscal years. The
  405  commissioner may negotiate for the sale or lease of tests,
  406  scoring protocols, test scoring services, and related materials
  407  developed pursuant to law.
  408         2. A student’s performance results on statewide,
  409  standardized assessments, EOC assessments, and Florida
  410  Alternative Assessments administered pursuant to this subsection
  411  must be provided to the student’s teachers and parents by the
  412  end of the school year, unless the commissioner determines that
  413  extenuating circumstances exist and reports the extenuating
  414  circumstances to the State Board of Education. This subparagraph
  415  does not apply to existing contracts for such assessments, but
  416  shall apply to new contracts and any renewal of existing
  417  contracts for such assessments.
  418         3. If liquidated damages are applicable, the department
  419  shall collect liquidated damages that are due in response to the
  420  administration of the spring 2015 computer-based assessments of
  421  the department’s Florida Standards Assessment contract with
  422  American Institutes for Research, and expend the funds to
  423  reimburse parties that incurred damages.
  425  ASSESSMENT PROGRAM PROGRAMS.—Each public school shall
  426  participate in the statewide, standardized assessment program in
  427  accordance with the assessment and reporting schedules and the
  428  minimum and recommended technology requirements published by the
  429  Commissioner of Education. District school boards shall not
  430  establish school calendars that conflict with or jeopardize
  431  implementation of the assessment program. All district school
  432  boards shall report assessment results using as required by the
  433  state management information system. Performance data shall be
  434  analyzed and reported to parents, the community, and the state.
  435  Student performance data shall be used by districts in
  436  developing objectives for the school improvement plan,
  437  evaluating instructional personnel and administrative personnel,
  438  assigning staff, allocating resources, acquiring instructional
  439  materials and technology, implementing performance-based
  440  budgeting, and promoting and assigning students to educational
  441  programs. The analysis of student performance data must also
  442  identify strengths and needs in the educational program and
  443  trends over time. The analysis must be used in conjunction with
  444  the budgetary planning processes developed pursuant to s.
  445  1008.385 and the development of remediation programs.
  448         (a) Measurement of student performance is the
  449  responsibility of school districts in all subjects and grade
  450  levels, except in those subjects and grade levels measured under
  451  the statewide, standardized assessment program described in this
  452  section, is the responsibility of the school districts. When
  453  available, instructional personnel must be provided with
  454  information on student achievement of standards and benchmarks
  455  in order to improve instruction.
  456         (b) Except for those subjects and grade levels measured
  457  under the statewide, standardized assessment program, beginning
  458  with the 2014-2015 school year, each school district shall
  459  administer for each course offered in the district a local
  460  assessment that measures student mastery of course content at
  461  the necessary level of rigor for the course. As adopted pursuant
  462  to State Board of Education rule, course content is set forth in
  463  the state standards required by s. 1003.41 and in the course
  464  description. Local assessments may include:
  465         1. Statewide assessments.
  466         2. Other standardized assessments, including nationally
  467  recognized standardized assessments.
  468         3. Industry certification assessments.
  469         4. District-developed or district-selected end-of-course
  470  assessments.
  471         5. Teacher-selected or principal-selected assessments.
  472         (c) Each district school board must adopt policies for
  473  selection, development, administration, and scoring of local
  474  assessments and for collection of assessment results. Local
  475  assessments implemented under subparagraphs (b)4. and 5. may
  476  include a variety of assessment formats, including, but not
  477  limited to, project-based assessments, adjudicated performances,
  478  and practical application assignments. For all English Language
  479  Arts, mathematics, science, and social studies courses offered
  480  in the district that are used to meet graduation requirements
  481  under s. 1002.3105, s. 1003.4281, or s. 1003.4282 and that are
  482  not otherwise assessed by statewide, standardized assessments,
  483  the district school board must select the assessments described
  484  in subparagraphs (b)1.-4.
  485         (b)(d) The Commissioner of Education shall identify methods
  486  to assist and support districts in measuring student performance
  487  on the state standards by maintaining a statewide the
  488  development and acquisition of assessments required under this
  489  subsection. Methods may include developing item bank banks,
  490  facilitating the sharing of developed tests or test items among
  491  school districts, acquiring assessments from state and national
  492  curriculum-area organizations, and providing technical
  493  assistance in best assessment professional practices. The
  494  commissioner may discontinue the item bank if he or she
  495  determines that district participation is insufficient for its
  496  sustainability of test development based upon state-adopted
  497  curriculum standards, administration, and security.
  498         (e) Each school district shall establish schedules for the
  499  administration of any district-mandated assessment and approve
  500  the schedules as an agenda item at a district school board
  501  meeting. The school district shall publish the testing schedules
  502  on its website, clearly specifying the district-mandated
  503  assessments, and report the schedules to the Department of
  504  Education by October 1 of each year.
  506         (a) The Commissioner of Education shall establish schedules
  507  for the administration of statewide, standardized assessments
  508  and the reporting of student assessment results. The
  509  commissioner shall consider the observance of religious and
  510  school holidays when developing the schedules. The assessment
  511  and reporting schedules must provide the earliest possible
  512  reporting of student assessment results to the school districts,
  513  consistent with the requirements of paragraph (3)(g). Assessment
  514  results for the statewide, standardized ELA and mathematics
  515  assessments and all statewide, standardized EOC assessments must
  516  be made available no later than the week of June 8, except for
  517  results of assessments administered in the 2014-2015 school
  518  year. School districts shall administer statewide, standardized
  519  assessments in accordance with the schedule established by the
  520  commissioner.
  521         (b) By August of each year, beginning in 2016, the
  522  commissioner shall publish on the department’s website a uniform
  523  calendar that includes the assessment and reporting schedules
  524  for, at a minimum, the next 2 school years. The uniform calendar
  525  must be provided to school districts in an electronic format
  526  that allows each school district and public school to populate
  527  the calendar with, at minimum, the following information for
  528  reporting the district assessment schedules under paragraph (c):
  529         1. Whether the assessment is a district-required assessment
  530  or a state-required assessment.
  531         2. The specific date or dates that each assessment will be
  532  administered.
  533         3. The time allotted to administer each assessment.
  534         4. Whether the assessment is a computer-based assessment or
  535  a paper-based assessment.
  536         5. The grade level or subject area associated with the
  537  assessment.
  538         6. The date that the assessment results are expected to be
  539  available to teachers and parents.
  540         7. The type of assessment, the purpose of the assessment,
  541  and the use of the assessment results.
  542         8. A glossary of assessment terminology.
  543         9. Estimates of average time for administering state
  544  required and district-required assessments, by grade level.
  545         (c) Each school district shall establish schedules for the
  546  administration of any statewide, standardized assessments and
  547  district-required assessments and approve the schedules as an
  548  agenda item at a district school board meeting. Each school
  549  district shall publish the testing schedules on its website
  550  using the uniform calendar, including all information required
  551  under paragraph (b), and submit the schedules to the Department
  552  of Education by October 1 of each year. Each public school shall
  553  publish schedules for statewide, standardized assessments and
  554  district-required assessments on its website using the uniform
  555  calendar, including all information required under paragraph
  556  (b). The uniform calendar must be included in the parent guide
  557  required by s. 1002.23(5).
  558         (d) A school district may not schedule more than 5 percent
  559  of a student’s total school hours in a school year to administer
  560  statewide, standardized assessments and district-required local
  561  assessments. The district must secure written consent from a
  562  student’s parent before administering district-required local
  563  assessments that, after applicable statewide, standardized are
  564  scheduled, exceed the 5 percent test administration limit for
  565  that student under this paragraph. The 5 percent test
  566  administration limit for a student under this paragraph may be
  567  exceeded as needed to provide test accommodations that are
  568  required by an IEP or are appropriate for an English language
  569  learner who is currently receiving services in a program
  570  operated in accordance with an approved English language learner
  571  district plan pursuant to s. 1003.56. Notwithstanding, this
  572  paragraph, a student may choose within a school year to take an
  573  examination or assessment adopted by State Board of Education
  574  rule pursuant to this section and ss. 1007.27, 1008.30, and
  575  1008.44.
  576         (e) A statewide, standardized EOC assessment must be used
  577  as the final cumulative examination for its associated course.
  578  No additional final assessment may be administered in a course
  579  with a statewide, standardized EOC assessment. A district
  580  required local assessment may be used as the final cumulative
  581  examination for its associated course in accordance with the
  582  school district’s policy.
  583         (f) A school district must provide a student’s performance
  584  results on district-required local assessments to the student’s
  585  teachers and parents no later than 30 days after administering
  586  such assessments, unless the superintendent determines in
  587  writing that extenuating circumstances exist and reports the
  588  extenuating circumstances to the district school board.
  589         (g) The State Board of Education shall adopt rules for the
  590  development of the uniform calendar that, at minimum, define
  591  terms that must be used in the calendar to describe various
  592  assessments, including the terms “summative assessment,”
  593  “formative assessment,” and “interim assessment.”
  594         Section 6. Subsection (3) of section 1008.24, Florida
  595  Statutes, is amended to read:
  596         1008.24 Test administration and security; public records
  597  exemption.—
  598         (3)(a) A school district may contract with qualified
  599  contractors to administer and proctor statewide, standardized
  600  assessments required under s. 1008.22 or assessments associated
  601  with Florida approved courses under s. 1003.499, as approved by
  602  the Department of Education in accordance with rules of the
  603  State Board of Education. Assessments may be administered or
  604  proctored by qualified contractors at sites that meet criteria
  605  established by rules of the State Board of Education and adopted
  606  pursuant to ss. 120.536(1) and 120.54 to implement the
  607  contracting requirements of this subsection.
  608         (b) A school district may use district employees, such as
  609  education paraprofessionals as described in s. 1012.37, to
  610  administer and proctor statewide, standardized assessments
  611  required under s. 1008.22 or assessments associated with Florida
  612  approved courses under s. 1003.499, in accordance with this
  613  section and related rules adopted by the State Board of
  614  Education. The rules must establish training requirements that
  615  must be successfully completed by district employees prior to
  616  the employees performing duties pursuant this paragraph.
  617         Section 7. Section 1008.25, Florida Statutes, is amended to
  618  read:
  619         1008.25 Public school student progression; student support
  620  remedial instruction; reporting requirements.—
  621         (1) INTENT.—It is the intent of the Legislature that each
  622  student’s progression from one grade to another be determined,
  623  in part, upon satisfactory performance in English Language arts,
  624  social studies, reading, writing, science, and mathematics; that
  625  district school board policies facilitate student achievement;
  626  that each student and his or her parent be informed of that
  627  student’s academic progress; and that students have access to
  628  educational options that provide academically challenging
  629  coursework or accelerated instruction pursuant to s. 1002.3105.
  631  school board shall establish a comprehensive plan for student
  632  progression which must provide for a student’s progression from
  633  one grade to another based on the student’s mastery of the
  634  standards in s. 1003.41, specifically English language arts,
  635  mathematics, science, and social studies standards. The plan
  636  must:
  637         (a) Include criteria that emphasizes student reading
  638  proficiency in kindergarten through grade 3 and provide targeted
  639  instructional support for students with identified deficiencies
  640  in English language arts, mathematics, science, and social
  641  studies. High schools shall use all available assessment
  642  results, including the results of statewide, standardized
  643  English Language Arts assessments and end-of-course assessments
  644  for Algebra I and Geometry, to advise students of any identified
  645  deficiencies and to provide appropriate postsecondary
  646  preparatory instruction before high school graduation. The
  647  results of evaluations used to monitor a student’s progress in
  648  grades K-12 must be provided to the student’s teacher in a
  649  timely manner and as otherwise required by law. Thereafter,
  650  evaluation results must be provided to the student’s parent in a
  651  timely manner. When available, instructional personnel must be
  652  provided with information on student achievement of standards
  653  and benchmarks in order to improve instruction.
  654         (a) Provide standards for evaluating each student’s
  655  performance, including how well he or she masters the
  656  performance standards approved by the State Board of Education.
  657         (b) Provide specific levels of performance in reading,
  658  writing, science, and mathematics for each grade level,
  659  including the levels of performance on statewide assessments as
  660  defined by the commissioner, below which a student must receive
  661  remediation or be retained within an intensive program that is
  662  different from the previous year’s program and that takes into
  663  account the student’s learning style.
  664         (c) Provide appropriate alternative placement for a student
  665  who has been retained 2 or more years.
  666         (b)(d)1. List the student eligibility and procedural
  667  requirements established by the school district for whole-grade
  668  promotion, midyear promotion, and subject-matter acceleration
  669  that would result in a student attending a different school,
  670  pursuant to s. 1002.3105(2)(b).
  671         2. Notify parents and students of the school district’s
  672  process by which a parent may request student participation in
  673  whole-grade promotion, midyear promotion, or subject-matter
  674  acceleration that would result in a student attending a
  675  different school, pursuant to s. 1002.3105(4)(b)2.
  676         (c)(e)1. Advise parents and students that additional ACCEL
  677  options may be available at the student’s school, pursuant to s.
  678  1002.3105.
  679         2. Advise parents and students to contact the principal at
  680  the student’s school for information related to student
  681  eligibility requirements for whole-grade promotion, midyear
  682  promotion, and subject-matter acceleration when the promotion or
  683  acceleration occurs within the principal’s school; virtual
  684  instruction in higher grade level subjects; and any other ACCEL
  685  options offered by the principal, pursuant to s.
  686  1002.3105(2)(a).
  687         3. Advise parents and students to contact the principal at
  688  the student’s school for information related to the school’s
  689  process by which a parent may request student participation in
  690  whole-grade promotion, midyear promotion, and subject-matter
  691  acceleration when the promotion or acceleration occurs within
  692  the principal’s school; virtual instruction in higher grade
  693  level subjects; and any other ACCEL options offered by the
  694  principal, pursuant to s. 1002.3105(4)(b)1.
  695         (d)(f) Advise parents and students of the early graduation
  696  options under s. 1003.4281.
  697         (e)(g) List, or incorporate by reference, all dual
  698  enrollment courses contained within the dual enrollment
  699  articulation agreement established pursuant to s. 1007.271(21).
  700         (f)(h) Provide instructional sequences by which students in
  701  kindergarten through high school may attain progressively higher
  702  levels of skill in the use of digital tools and applications.
  703  The instructional sequences must include participation in
  704  curricular and instructional options and the demonstration of
  705  competence of standards required pursuant to ss. 1003.41 and
  706  1003.4203 through attainment of industry certifications and
  707  other means of demonstrating credit requirements identified
  708  under ss. 1002.3105, 1003.4203, and 1003.4282.
  709         (3) ALLOCATION OF RESOURCES.—District school boards shall
  710  allocate remedial and supplemental instruction resources to
  711  students in the following priority:
  712         (a) Students who are deficient in reading by the end of
  713  grade 3.
  714         (b) Students who fail to meet performance levels required
  715  for promotion consistent with the district school board’s plan
  716  for student progression required in paragraph (2)(b).
  718         (a) Each student must participate in the statewide,
  719  standardized assessment program required by s. 1008.22. Each
  720  student who does not achieve a meet specific levels of
  721  performance on the required assessments as determined by the
  722  district school board or who scores below Level 3 or above on
  723  the statewide, standardized Reading assessment or, upon
  724  implementation, the English Language Arts assessment, or on the
  725  statewide, standardized Mathematics assessment, or assessments
  726  in grades 3 through 8 and the Algebra I EOC assessment must be
  727  evaluated provided with additional diagnostic assessments to
  728  determine the nature of the student’s difficulty, the areas of
  729  academic need, and strategies for providing academic supports to
  730  improve the student’s performance appropriate intervention and
  731  instruction as described in paragraph (b).
  732         (b) The school in which the student is enrolled must
  733  develop, in consultation with the student’s parent, and must
  734  implement a progress monitoring plan. A progress monitoring plan
  735  is intended to provide the school district and the school
  736  flexibility in meeting the academic needs of the student and to
  737  reduce paperwork. A student who is not meeting the school
  738  district or state requirements for satisfactory performance in
  739  English Language Arts and mathematics must proficiency in
  740  reading and mathematics shall be covered by one of the following
  741  plans to target instruction and identify ways to improve his or
  742  her academic achievement:
  743         1. A federally required student plan such as an individual
  744  education plan;
  745         2. A schoolwide system of progress monitoring for all
  746  students, except a student who scores Level 4 or above on the
  747  English Language Arts and mathematics assessments may be
  748  exempted from participation by the principal; or
  749         3. An individualized progress monitoring plan.
  751  The plan chosen must be designed to assist the student or the
  752  school in meeting state and district expectations for
  753  proficiency. If the student has been identified as having a
  754  deficiency in reading, the K-12 comprehensive reading plan
  755  required by s. 1011.62(9) shall include instructional and
  756  support services to be provided to meet the desired levels of
  757  performance. District school boards may require low-performing
  758  students to attend remediation programs held before or after
  759  regular school hours or during the summer if transportation is
  760  provided.
  761         (c) Upon subsequent evaluation, if the documented
  762  deficiency has not been remediated, the student may be retained.
  763  Each student who does not meet the minimum performance
  764  expectations defined by the Commissioner of Education for the
  765  statewide assessment tests in reading, writing, science, and
  766  mathematics must continue to be provided with remedial or
  767  supplemental instruction until the expectations are met or the
  768  student graduates from high school or is not subject to
  769  compulsory school attendance.
  771         (a) Any student who exhibits a substantial deficiency in
  772  reading, based upon locally determined or statewide assessments
  773  conducted in kindergarten or grade 1, grade 2, or grade 3, or
  774  through teacher observations, must be given intensive reading
  775  instruction immediately following the identification of the
  776  reading deficiency. The student’s reading proficiency must be
  777  monitored and the intensive instruction must continue until the
  778  student demonstrates grade level proficiency in a manner
  779  determined by the district, which may include achieving a Level
  780  3 on the statewide, standardized English Language Arts
  781  assessment reassessed by locally determined assessments or
  782  through teacher observations at the beginning of the grade
  783  following the intensive reading instruction. The student must
  784  continue to be provided with intensive reading instruction until
  785  the reading deficiency is remedied.
  786         (b) To be promoted to grade 4, a student must score a Level
  787  2 or higher on the statewide, standardized English Language Arts
  788  assessment required under s. 1008.22 for grade 3. If a student’s
  789  reading deficiency is not remedied by the end of grade 3, as
  790  demonstrated by scoring Level 2 or higher on the statewide,
  791  standardized assessment required under s. 1008.22 for grade 3,
  792  the student must be retained.
  793         (c) The parent of any student who exhibits a substantial
  794  deficiency in reading, as described in paragraph (a), must be
  795  notified in writing of the following:
  796         1. That his or her child has been identified as having a
  797  substantial deficiency in reading.
  798         2. A description of the current services that are provided
  799  to the child.
  800         3. A description of the proposed supplemental instructional
  801  services and supports that will be provided to the child that
  802  are designed to remediate the identified area of reading
  803  deficiency.
  804         4. That if the child’s reading deficiency is not remediated
  805  by the end of grade 3, the child must be retained unless he or
  806  she is exempt from mandatory retention for good cause.
  807         5. Strategies for parents to use in helping their child
  808  succeed in reading proficiency.
  809         6. That the statewide, standardized English Language Arts
  810  assessment Florida Comprehensive Assessment Test (FCAT) is not
  811  the sole determiner of promotion and that additional
  812  evaluations, portfolio reviews, and assessments are available to
  813  the child to assist parents and the school district in knowing
  814  when a child is reading at or above grade level and ready for
  815  grade promotion.
  816         7. The district’s specific criteria and policies for a
  817  portfolio as provided in subparagraph (6)(b)4. and the evidence
  818  required for a student to demonstrate mastery of Florida’s
  819  academic standards for English Language Arts. A parent of a
  820  student in grade 3 who is identified anytime during the year as
  821  being at risk of retention may request that the school
  822  immediately begin collecting evidence for a portfolio.
  823         8. The district’s specific criteria and policies for
  824  midyear promotion. Midyear promotion means promotion of a
  825  retained student at any time during the year of retention once
  826  the student has demonstrated ability to read at grade level.
  828         (a) No student may be assigned to a grade level based
  829  solely on age or other factors that constitute social promotion.
  830         (b) The district school board may only exempt students from
  831  mandatory retention, as provided in paragraph (5)(b), for good
  832  cause. A student who is promoted to grade 4 with a good cause
  833  exemption shall be provided intensive reading instruction and
  834  intervention that include specialized diagnostic information and
  835  specific reading strategies to meet the needs of each student so
  836  promoted. The school district shall assist schools and teachers
  837  with the implementation of reading strategies for students
  838  promoted with a good cause exemption which research has shown to
  839  be successful in improving reading among students who have
  840  reading difficulties. Good cause exemptions are limited to the
  841  following:
  842         1. Limited English proficient students who have had less
  843  than 2 years of instruction in an English for Speakers of Other
  844  Languages program based on the initial date of entry into a
  845  school in the United States.
  846         2. Students with disabilities whose individual education
  847  plan indicates that participation in the statewide assessment
  848  program is not appropriate, consistent with the requirements of
  849  s. 1008.212.
  850         3. Students who demonstrate an acceptable level of
  851  performance on an alternative standardized reading or English
  852  Language Arts assessment approved by the State Board of
  853  Education.
  854         4. A student who demonstrates through a student portfolio
  855  that he or she is performing at least at Level 2 on the
  856  statewide, standardized Reading assessment or, upon
  857  implementation, the English Language Arts assessment.
  858         5. Students with disabilities who take the statewide,
  859  standardized Reading assessment or, upon implementation, the
  860  English Language Arts assessment and who have an individual
  861  education plan or a Section 504 plan that reflects that the
  862  student has received intensive instruction remediation in
  863  reading or English Language Arts for more than 2 years but still
  864  demonstrates a deficiency and was previously retained in
  865  kindergarten, grade 1, grade 2, or grade 3.
  866         6. Students who have received intensive reading
  867  intervention for 2 or more years but still demonstrate a
  868  deficiency in reading and who were previously retained in
  869  kindergarten, grade 1, grade 2, or grade 3 for a total of 2
  870  years. A student may not be retained more than once in grade 3.
  871         7. Students who have received intensive remediation in
  872  reading or English Language Arts for 2 or more years but still
  873  demonstrate a deficiency and who were previously retained in
  874  kindergarten, grade 1, grade 2, or grade 3 for a total of 2
  875  years. Intensive instruction for students so promoted must
  876  include an altered instructional day that includes specialized
  877  diagnostic information and specific reading strategies for each
  878  student. The district school board shall assist schools and
  879  teachers to implement reading strategies that research has shown
  880  to be successful in improving reading among low-performing
  881  readers.
  882         (c) Requests for good cause exemptions for students from
  883  the mandatory retention requirement as described in
  884  subparagraphs (b)3. and 4. shall be made consistent with the
  885  following:
  886         1. Documentation shall be submitted from the student’s
  887  teacher to the school principal that indicates that the
  888  promotion of the student is appropriate and is based upon the
  889  student’s academic record. In order to minimize paperwork
  890  requirements, such documentation shall consist only of the
  891  existing progress monitoring plan, individual educational plan,
  892  if applicable, report card, or student portfolio.
  893         2. The school principal shall review and discuss such
  894  recommendation with the teacher and make the determination as to
  895  whether the student should be promoted or retained. If the
  896  school principal determines that the student should be promoted,
  897  the school principal shall make such recommendation in writing
  898  to the district school superintendent. The district school
  899  superintendent shall accept or reject the school principal’s
  900  recommendation in writing.
  902  STUDENTS.—
  903         (a) Students retained under the provisions of paragraph
  904  (5)(b) must be provided intensive interventions in reading to
  905  ameliorate the student’s specific reading deficiency, as
  906  identified by a valid and reliable diagnostic assessment. This
  907  intensive intervention must include effective instructional
  908  strategies, participation in the school district’s summer
  909  reading camp, and appropriate teaching methodologies necessary
  910  to assist those students in becoming successful readers, able to
  911  read at or above grade level, and ready for promotion to the
  912  next grade.
  913         (b) Each school district shall:
  914         1. Provide third grade students who are retained under the
  915  provisions of paragraph (5)(b) with intensive instructional
  916  services and supports to remediate the identified areas of
  917  reading deficiency, including participation in the school
  918  district’s summer reading camp as required under paragraph (a)
  919  and a minimum of 90 minutes of daily, uninterrupted,
  920  scientifically research-based reading instruction which includes
  921  phonemic awareness, phonics, fluency, vocabulary, and
  922  comprehension and other strategies prescribed by the school
  923  district, which may include, but are not limited to:
  924         a. Integration of science and social studies content within
  925  the 90-minute block.
  926         b. Small group instruction.
  927         c. Reduced teacher-student ratios.
  928         d. More frequent progress monitoring.
  929         e. Tutoring or mentoring.
  930         f. Transition classes containing 3rd and 4th grade
  931  students.
  932         g. Extended school day, week, or year.
  933         2. Provide written notification to the parent of a student
  934  who is retained under the provisions of paragraph (5)(b) that
  935  his or her child has not met the proficiency level required for
  936  promotion and the reasons the child is not eligible for a good
  937  cause exemption as provided in paragraph (6)(b). The
  938  notification must comply with the provisions of s. 1002.20(15)
  939  and must include a description of proposed interventions and
  940  supports that will be provided to the child to remediate the
  941  identified areas of reading deficiency.
  942         3. Implement a policy for the midyear promotion of a
  943  student retained under the provisions of paragraph (5)(b) who
  944  can demonstrate that he or she is a successful and independent
  945  reader and performing at or above grade level in reading or,
  946  upon implementation of English Language Arts assessments,
  947  performing at or above grade level in English Language Arts.
  948  Tools that school districts may use in reevaluating a student
  949  retained may include subsequent assessments, alternative
  950  assessments, and portfolio reviews, in accordance with rules of
  951  the State Board of Education.
  952         4. Provide students who are retained under the provisions
  953  of paragraph (5)(b) with a highly effective teacher as
  954  determined by the teacher’s performance evaluation under s.
  955  1012.34.
  956         5. Establish at each school, when applicable, an Intensive
  957  Acceleration Class for retained grade 3 students who
  958  subsequently score Level 1 on the required statewide,
  959  standardized assessment identified in s. 1008.22. The focus of
  960  the Intensive Acceleration Class shall be to increase a child’s
  961  reading and English Language Arts skill level at least two grade
  962  levels in 1 school year. The Intensive Acceleration Class shall:
  963         a. Be provided to a student in grade 3 who scores Level 1
  964  on the statewide, standardized Reading assessment or, upon
  965  implementation, the English Language Arts assessment and who was
  966  retained in grade 3 the prior year because of scoring Level 1.
  967         b. Have a reduced teacher-student ratio.
  968         c. Provide uninterrupted reading instruction for the
  969  majority of student contact time each day and incorporate
  970  opportunities to master the grade 4 Next Generation Sunshine
  971  State Standards in other core subject areas.
  972         d. Use a reading program that is scientifically research
  973  based and has proven results in accelerating student reading
  974  achievement within the same school year.
  975         e. Provide intensive language and vocabulary instruction
  976  using a scientifically research-based program, including use of
  977  a speech-language therapist.
  978         (8) ANNUAL REPORT.—
  979         (a) In addition to the requirements in paragraph (5)(b),
  980  each district school board must annually report to the parent of
  981  each student the progress of the student toward achieving state
  982  and district expectations for proficiency in English Language
  983  Arts, reading, writing, science, social studies, and
  984  mathematics. The district school board must report to the parent
  985  the student’s results on each statewide, standardized assessment
  986  test. The evaluation of each student’s progress must be based
  987  upon the student’s classroom work, observations, tests, district
  988  and state assessments, and other relevant information. Progress
  989  reporting must be provided to the parent in writing in a format
  990  adopted by the district school board.
  991         (b) Each district school board must annually publish on the
  992  district website and in the local newspaper the following
  993  information on the prior school year:
  994         1. The provisions of this section relating to public school
  995  student progression and the district school board’s policies and
  996  procedures on student retention and promotion.
  997         2. By grade, the number and percentage of all students in
  998  grades 3 through 10 performing at Levels 1 and 2 on the
  999  statewide, standardized English Language Arts assessment reading
 1000  portion of the FCAT.
 1001         3. By grade, the number and percentage of all students
 1002  retained in kindergarten grades 3 through grade 10.
 1003         4. Information on the total number of students who were
 1004  promoted for good cause, by each category of good cause as
 1005  specified in paragraph (6)(b).
 1006         5. Any revisions to the district school board’s policies
 1007  and procedures policy on student retention and promotion from
 1008  the prior year.
 1009         (9) RULEMAKING.—The State Board of Education shall adopt
 1010  rules pursuant to ss. 120.536(1) and 120.54 for the
 1011  administration of this section.
 1012         Section 8. Subsection (3) of section 1008.30, Florida
 1013  Statutes, is amended to read:
 1014         1008.30 Common placement testing for public postsecondary
 1015  education.—
 1016         (3) The State Board of Education shall adopt rules that
 1017  require high schools to evaluate before the beginning of grade
 1018  12 the college readiness of each student who scores Level 2 or
 1019  Level 3 on grade 10 FCAT Reading or the English Language Arts
 1020  assessment under s. 1008.22, as applicable, or Level 2, Level 3,
 1021  or Level 4 on the Algebra I assessment under s. 1008.22. High
 1022  schools shall perform this evaluation using results from the
 1023  corresponding component of the common placement test prescribed
 1024  in this section, or an alternative test identified by the State
 1025  Board of Education. The high school shall use the results of the
 1026  test to advise the students of any identified deficiencies and
 1027  to provide 12th grade students, and require them to complete,
 1028  appropriate postsecondary preparatory instruction before high
 1029  school graduation. The curriculum provided under this subsection
 1030  shall be identified in rule by the State Board of Education and
 1031  encompass Florida’s Postsecondary Readiness Competencies. Other
 1032  elective courses may not be substituted for the selected
 1033  postsecondary mathematics, reading, writing, or English Language
 1034  Arts preparatory course unless the elective course covers the
 1035  same competencies included in the postsecondary mathematics,
 1036  reading, writing, or English Language Arts preparatory course.
 1037         Section 9. Subsection (7) of section 1008.34, Florida
 1038  Statutes, is amended to read:
 1039         1008.34 School grading system; school report cards;
 1040  district grade.—
 1041         (7) TRANSITION.—School grades pursuant to this section and
 1042  school improvement ratings pursuant to s. 1008.341 for the 2013
 1043  2014 school year shall be calculated based on statutes and rules
 1044  in effect on June 30, 2014. To assist in the transition to 2014
 1045  2015 school grades and school improvement ratings, calculated
 1046  based on new statewide, standardized assessments administered
 1047  pursuant to s. 1008.22, the 2014-2015 school grades and school
 1048  improvement ratings shall serve as an informational baseline for
 1049  schools to work toward improved performance in future years.
 1050  Accordingly, notwithstanding any other provision of law:
 1051         (a) A school may not be required to select and implement a
 1052  turnaround option pursuant to s. 1008.33 in the 2015-2016 school
 1053  year based on the school’s 2014-2015 grade or school improvement
 1054  rating under s. 1008.341, as applicable. The benefits of s.
 1055  1008.33(4)(c), relating to a school being released from
 1056  implementation of the turnaround option, and s. 1008.33(4)(d),
 1057  relating to a school implementing strategies identified in its
 1058  school improvement plan, apply to a school using turnaround
 1059  options pursuant to s. 1008.33 which improves at least one
 1060  letter grade during the 2014-2015 school year.
 1061         (b)1. A school or approved provider under s. 1002.45 which
 1062  that receives the same or a lower school grade or school
 1063  improvement rating for the 2014-2015 school year compared to the
 1064  2013-2014 school year is not subject to sanctions or penalties
 1065  that would otherwise occur as a result of the 2014-2015 school
 1066  grade or rating. A charter school system or a school district
 1067  designated as high performing may not lose the designation based
 1068  on the 2014-2015 school grades of any of the schools within the
 1069  charter school system or school district, as applicable.
 1070         2. The Florida School Recognition Program established under
 1071  s. 1008.36 shall continue to be implemented as otherwise
 1072  provided in the General Appropriations Act.
 1073         (c) Until such time as an independent verification of the
 1074  psychometric validity of the statewide, standardized assessments
 1075  first implemented in 2014-2015 is provided, for purposes of
 1076  determining grade 3 English Language Arts student performance
 1077  retention pursuant to s. 1008.25(5) and high school graduation
 1078  requirements pursuant to s. 1003.4282, student performance on
 1079  the 2014-2015 statewide, standardized assessments shall be
 1080  linked to 2013-2014 student performance expectations. Students
 1081  who score in the bottom quintile on the 2014-2015 grade 3
 1082  English Language Arts assessment shall be identified as students
 1083  at risk of retention. School districts must notify parents of
 1084  such students, provide evidence as outlined in s. 1008.25(6)(b),
 1085  and provide the appropriate intervention and support services
 1086  for student success in fourth grade.
 1088  This subsection is repealed July 1, 2017.
 1089         Section 10. School district contingency plan.
 1090  Notwithstanding s. 1008.34(7), Florida Statutes, a school
 1091  district may, by majority vote of the district school board,
 1092  request approval from the State Board of Education to waive all
 1093  requirements and benefits specified in ss. 1008.34(7), 1008.36,
 1094  and 1003.621, Florida Statutes, and instead use results from
 1095  student performance on the new statewide, standardized
 1096  assessments administered in the 2014-2015 school year pursuant
 1097  to s. 1008.22, Florida Statutes, for diagnostic and baseline
 1098  purposes only.
 1099         (1) A school district’s request must be submitted to the
 1100  Commissioner of Education by the school district superintendent
 1101  during the period from the last day of administration of
 1102  statewide, standardized assessments through June 5, 2015, in
 1103  accordance with the guidelines established by the commissioner.
 1104  At a minimum, the request, must include identification of:
 1105         (a) The scope of the request, to apply either to the school
 1106  district or to a school or certain schools within the school
 1107  district. The request must be made at a district or school
 1108  level. The request may not be made at a grade level, a subject
 1109  area level, or another level.
 1110         (b) The reason for the request, including a description of
 1111  the systemic or unique technical implementation failure.
 1112  Quantifiable data substantiating the reason for such failure
 1113  must accompany the request. A school district’s inability to
 1114  assess the minimum percentage of students pursuant to ss.
 1115  1008.34 and 1008.341, Florida Statutes, does not constitute a
 1116  reasonable justification for requesting the waiver under this
 1117  section.
 1118         (c) The school district’s corrective action plan, which has
 1119  been adopted by the district school board, and certification
 1120  that the identified technical implementation failure must be
 1121  resolved in time for successful administration of the statewide,
 1122  standardized assessments during the 2015-2016 school year and
 1123  each school year thereafter. The district must identify how the
 1124  district plans to allocate resources and technical assistance
 1125  that the district needs from the Department of Education to
 1126  facilitate the district’s successful resolution of technical
 1127  deficiencies.
 1128         (d) The school district’s plan for using the diagnostic
 1129  data to facilitate continuous improvement in student performance
 1130  and the effectiveness of schools, instructional personnel, and
 1131  school administrators; public reporting on the performance of
 1132  students, schools, and the district; and informing parents about
 1133  instruction associated with remediation and retention and
 1134  options available to students including acceleration,
 1135  graduation, and school choice. The district must also describe
 1136  its plans for implementing student progression plans,
 1137  performance evaluations of instructional personnel and school
 1138  administrators, performance salary schedule requirements, and
 1139  other uses as identified by the commissioner.
 1140         (2) The commissioner shall review each request for a waiver
 1141  and consult with the applicable school district superintendent.
 1142  The commissioner shall make, and provide reasons for,
 1143  recommendations to the State Board of Education regarding
 1144  granting or denying a request for waiver. The state board may
 1145  consider recommendations made by the commissioner to approve or
 1146  deny school district requests. Notwithstanding any other
 1147  provision of law, the commissioner’s recommendation to approve a
 1148  request may, after consultation with the school district
 1149  superintendent, include conditional requirements that must apply
 1150  if approved by the state board. The decision of the state board,
 1151  including any modifications adopted by the state board, is
 1152  final.
 1153         (3) For only the 2014-2015 school year, if a waiver is
 1154  granted under this section:
 1155         (a) A school or a school district may not receive a school
 1156  grade, school improvement rating, or school district grade, as
 1157  applicable.
 1158         (b) A school may, at the school district’s discretion,
 1159  choose to use new statewide, standardized assessment results in
 1160  performance evaluations of instructional personnel and school
 1161  administrators.
 1162         (c) A school district shall continue to have its student
 1163  performance results included in the statewide, standardized
 1164  assessment results published by the department pursuant to s.
 1165  1008.22, Florida Statutes.
 1166         (d) A school shall forfeit eligibility to earn school
 1167  recognition funds pursuant to s. 1008.36, Florida Statutes, as
 1168  provided in the General Appropriations Act.
 1169         (e) A school district shall forfeit the district’s
 1170  eligibility to earn the designation and benefits associated with
 1171  high performing school districts pursuant to s. 1003.621,
 1172  Florida Statutes.
 1174  This section expires July 1, 2016.
 1175         Section 12. Section 1012.34, Florida Statutes, is amended
 1176  to read:
 1177         1012.34 Personnel evaluation procedures and criteria.—
 1179         (a) For the purpose of increasing student academic
 1180  performance by improving the quality of instructional,
 1181  administrative, and supervisory services in the public schools
 1182  of the state, the district school superintendent shall establish
 1183  procedures for evaluating the performance of duties and
 1184  responsibilities of all instructional, administrative, and
 1185  supervisory personnel employed by the school district. The
 1186  district school superintendent shall provide instructional
 1187  personnel the opportunity to review their class rosters for
 1188  accuracy and to correct any mistakes. The district school
 1189  superintendent shall report accurate class rosters for the
 1190  purpose of calculating district and statewide student
 1191  performance and annually report the evaluation results of
 1192  instructional personnel and school administrators to the
 1193  Department of Education in addition to the information required
 1194  under subsection (5).
 1195         (b) The department must approve each school district’s
 1196  instructional personnel and school administrator evaluation
 1197  systems. The department shall monitor each district’s
 1198  implementation of its instructional personnel and school
 1199  administrator evaluation systems for compliance with the
 1200  requirements of this section and s. 1012.3401.
 1201         (c) Annually, by February December 1, the Commissioner of
 1202  Education shall publish on the department’s website report to
 1203  the Governor, the President of the Senate, and the Speaker of
 1204  the House of Representatives the approval and implementation
 1205  status of each school district’s instructional personnel and
 1206  school administrator evaluation systems. This information must
 1207  The report shall include:
 1208         1. Performance evaluation results for the prior school year
 1209  for instructional personnel and school administrators using the
 1210  four levels of performance specified in paragraph (2)(e). The
 1211  performance evaluation results for instructional personnel shall
 1212  be disaggregated by classroom teachers, as defined in s.
 1213  1012.01(2)(a), excluding substitute teachers, and all other
 1214  instructional personnel, as defined in s. 1012.01(2)(b)–(d).
 1215         2. An analysis that compares performance evaluation results
 1216  calculated by each school district to indicators of performance
 1217  calculated by the department using the standards for performance
 1218  levels adopted by the state board under subsection (8). The
 1219  commissioner shall include in the report each district’s
 1220  performance-level standards established under subsection (7), a
 1221  comparative analysis of the district’s student academic
 1222  performance results and evaluation results,
 1223         3. Data reported under s. 1012.341, and the status of any
 1224  evaluation system revisions requested by a school district
 1225  pursuant to subsection (6).
 1226         (2) EVALUATION SYSTEM REQUIREMENTS.—The evaluation systems
 1227  for instructional personnel and school administrators must:
 1228         (a) Be designed to support effective instruction and
 1229  student learning growth, and performance evaluation results must
 1230  be used when developing district and school level improvement
 1231  plans.
 1232         (b) Provide appropriate instruments, procedures, timely
 1233  feedback, and criteria for continuous quality improvement of the
 1234  professional skills of instructional personnel and school
 1235  administrators, and performance evaluation results must be used
 1236  when identifying professional development.
 1237         (c) Include a mechanism to examine performance data from
 1238  multiple sources, including opportunities for parents to provide
 1239  input into employee performance evaluations when appropriate.
 1240         (d) Identify those teaching fields for which special
 1241  evaluation procedures and criteria are necessary.
 1242         (e) Differentiate among four levels of performance as
 1243  follows:
 1244         1. Highly effective.
 1245         2. Effective.
 1246         3. Needs improvement or, for instructional personnel in the
 1247  first 3 years of employment who need improvement, developing.
 1248         4. Unsatisfactory.
 1250  The Commissioner of Education shall consult with experts,
 1251  instructional personnel, school administrators, and education
 1252  stakeholders in developing the criteria for the performance
 1253  levels.
 1254         (f) Provide for training and monitoring programs that are
 1255  based upon guidelines provided by the department to ensure that
 1256  all individuals with evaluation responsibilities understand the
 1257  proper use of the evaluation criteria and procedures.
 1258         (g) Include a process for monitoring and evaluating the
 1259  effective and consistent use of the evaluation criteria by
 1260  employees with evaluation responsibilities.
 1261         (h) Include a process for monitoring and evaluating the
 1262  effectiveness of the system itself in improving instruction and
 1263  student learning.
 1265  In addition, each district school board may establish a peer
 1266  assistance process. This process may be a part of the regular
 1267  evaluation system or used to assist employees placed on
 1268  performance probation, newly hired classroom teachers, or
 1269  employees who request assistance.
 1270         (3) EVALUATION PROCEDURES AND CRITERIA.—Instructional
 1271  personnel and school administrator performance evaluations must
 1272  be based upon the performance of students assigned to their
 1273  classrooms or schools, as provided in this section. Pursuant to
 1274  this section, a school district’s performance evaluation system
 1275  is not limited to basing unsatisfactory performance of
 1276  instructional personnel and school administrators solely upon
 1277  student performance, but may include other criteria approved to
 1278  evaluate instructional personnel and school administrators’
 1279  performance, or any combination of student performance and other
 1280  approved criteria. Evaluation procedures and criteria must
 1281  comply with, but are not limited to, the following:
 1282         (a) A performance evaluation must be conducted for each
 1283  employee at least once a year, except that a classroom teacher,
 1284  as defined in s. 1012.01(2)(a), excluding substitute teachers,
 1285  who is newly hired by the district school board must be observed
 1286  and evaluated at least twice in the first year of teaching in
 1287  the school district. The performance evaluation must be based
 1288  upon sound educational principles and contemporary research in
 1289  effective educational practices. The evaluation criteria must
 1290  include:
 1291         1. Performance of students.—At least one-third 50 percent
 1292  of a performance evaluation must be based upon data and
 1293  indicators of student performance learning growth assessed
 1294  annually by statewide assessments or, for subjects and grade
 1295  levels not measured by statewide assessments, by school district
 1296  assessments as provided in s. 1008.22(6). Each school district
 1297  must use the formula adopted pursuant to paragraph (7)(a) for
 1298  measuring student learning growth in all courses associated with
 1299  statewide assessments and must select an equally appropriate
 1300  formula for measuring student learning growth for all other
 1301  grades and subjects, except as otherwise provided in accordance
 1302  with subsection (7).
 1303         a. For classroom teachers, as defined in s. 1012.01(2)(a),
 1304  excluding substitute teachers, the student learning growth This
 1305  portion of the evaluation must include growth or achievement
 1306  data of the teacher’s students or, for a school administrator,
 1307  the students attending the school for students assigned to the
 1308  teacher over the course of at least 3 years. If less than 3
 1309  years of data are available, the years for which data are
 1310  available must be used. The proportion of growth or achievement
 1311  data may be determined by instructional assignment and the
 1312  percentage of the evaluation based upon student learning growth
 1313  may be reduced to not less than 40 percent.
 1314         b. For instructional personnel who are not classroom
 1315  teachers, the student learning growth portion of the evaluation
 1316  must include growth data on statewide assessments for students
 1317  assigned to the instructional personnel over the course of at
 1318  least 3 years, or may include a combination of student learning
 1319  growth data and other measurable student outcomes that are
 1320  specific to the assigned position, provided that the student
 1321  learning growth data accounts for not less than 30 percent of
 1322  the evaluation. If less than 3 years of student growth data are
 1323  available, the years for which data are available must be used
 1324  and the percentage of the evaluation based upon student learning
 1325  growth may be reduced to not less than 20 percent.
 1326         c. For school administrators, the student learning growth
 1327  portion of the evaluation must include growth data for students
 1328  assigned to the school over the course of at least 3 years. If
 1329  less than 3 years of data are available, the years for which
 1330  data are available must be used and the percentage of the
 1331  evaluation based upon student learning growth may be reduced to
 1332  not less than 40 percent.
 1333         2. Instructional practice.—For instructional personnel, at
 1334  least one-third of the performance evaluation must be based upon
 1335  instructional practice. Evaluation criteria used when annually
 1336  observing classroom teachers, as defined in s. 1012.01(2)(a),
 1337  excluding substitute teachers, must include indicators based
 1338  upon each of the Florida Educator Accomplished Practices adopted
 1339  by the State Board of Education. For instructional personnel who
 1340  are not classroom teachers, evaluation criteria must be based
 1341  upon indicators of the Florida Educator Accomplished Practices
 1342  and may include specific job expectations related to student
 1343  support.
 1344         3. Instructional leadership.—For school administrators, at
 1345  least one-third of the performance evaluation must be based on
 1346  instructional leadership. Evaluation criteria for instructional
 1347  leadership must include indicators based upon each of the
 1348  leadership standards adopted by the State Board of Education
 1349  under s. 1012.986, including performance measures related to the
 1350  effectiveness of classroom teachers in the school, the
 1351  administrator’s appropriate use of evaluation criteria and
 1352  procedures, recruitment and retention of effective and highly
 1353  effective classroom teachers, improvement in the percentage of
 1354  instructional personnel evaluated at the highly effective or
 1355  effective level, and other leadership practices that result in
 1356  student learning growth. The system may include a means to give
 1357  parents and instructional personnel an opportunity to provide
 1358  input into the administrator’s performance evaluation.
 1359         4. Other indicators of performance Professional and job
 1360  responsibilities.—For instructional personnel and school
 1361  administrators, the remainder of a performance evaluation may
 1362  include, but is not limited to, For instructional personnel and
 1363  school administrators, other professional and job
 1364  responsibilities must be included as recommended adopted by the
 1365  State Board of Education or identified by the district school
 1366  board and, for instructional personnel, peer reviews,
 1367  objectively reliable survey information from students and
 1368  parents based on teaching practices that are consistently
 1369  associated with higher student achievement, and other valid and
 1370  reliable measures of instructional practice. The district school
 1371  board may identify additional professional and job
 1372  responsibilities.
 1373         (b) All personnel must be fully informed of the criteria,
 1374  data sources, methodologies, and procedures associated with the
 1375  evaluation process before the evaluation takes place.
 1376         (c) The individual responsible for supervising the employee
 1377  must evaluate the employee’s performance. The evaluation system
 1378  may provide for the evaluator to consider input from other
 1379  personnel trained under subsection (2) paragraph (2)(f). The
 1380  evaluator must submit a written report of the evaluation to the
 1381  district school superintendent for the purpose of reviewing the
 1382  employee’s contract. The evaluator must submit the written
 1383  report to the employee no later than 10 days after the
 1384  evaluation takes place. The evaluator must discuss the written
 1385  evaluation report with the employee. The employee shall have the
 1386  right to initiate a written response to the evaluation, and the
 1387  response shall become a permanent attachment to his or her
 1388  personnel file.
 1389         (d) The evaluator may amend an evaluation based upon
 1390  assessment data from the current school year if the data becomes
 1391  available within 90 days after the close of the school year. The
 1392  evaluator must then comply with the procedures set forth in
 1393  paragraph (c).
 1395  employee who holds a professional service contract as provided
 1396  in s. 1012.33 is not performing his or her duties in a
 1397  satisfactory manner, the evaluator shall notify the employee in
 1398  writing of such determination. The notice must describe such
 1399  unsatisfactory performance and include notice of the following
 1400  procedural requirements:
 1401         (a) Upon delivery of a notice of unsatisfactory
 1402  performance, the evaluator must confer with the employee who
 1403  holds a professional service contract, make recommendations with
 1404  respect to specific areas of unsatisfactory performance, and
 1405  provide assistance in helping to correct deficiencies within a
 1406  prescribed period of time.
 1407         (b)1. The employee who holds a professional service
 1408  contract shall be placed on performance probation and governed
 1409  by the provisions of this section for 90 calendar days following
 1410  the receipt of the notice of unsatisfactory performance to
 1411  demonstrate corrective action. School holidays and school
 1412  vacation periods are not counted when calculating the 90
 1413  calendar-day period. During the 90 calendar days, the employee
 1414  who holds a professional service contract must be evaluated
 1415  periodically and apprised of progress achieved and must be
 1416  provided assistance and inservice training opportunities to help
 1417  correct the noted performance deficiencies. At any time during
 1418  the 90 calendar days, the employee who holds a professional
 1419  service contract may request a transfer to another appropriate
 1420  position with a different supervising administrator; however, if
 1421  a transfer is granted pursuant to ss. 1012.27(1) and 1012.28(6),
 1422  it does not extend the period for correcting performance
 1423  deficiencies.
 1424         2. Within 14 days after the close of the 90 calendar days,
 1425  the evaluator must evaluate whether the performance deficiencies
 1426  have been corrected and forward a recommendation to the district
 1427  school superintendent. Within 14 days after receiving the
 1428  evaluator’s recommendation, the district school superintendent
 1429  must notify the employee who holds a professional service
 1430  contract in writing whether the performance deficiencies have
 1431  been satisfactorily corrected and whether the district school
 1432  superintendent will recommend that the district school board
 1433  continue or terminate his or her employment contract. If the
 1434  employee wishes to contest the district school superintendent’s
 1435  recommendation, the employee must, within 15 days after receipt
 1436  of the district school superintendent’s recommendation, submit a
 1437  written request for a hearing. The hearing shall be conducted at
 1438  the district school board’s election in accordance with one of
 1439  the following procedures:
 1440         a. A direct hearing conducted by the district school board
 1441  within 60 days after receipt of the written appeal. The hearing
 1442  shall be conducted in accordance with the provisions of ss.
 1443  120.569 and 120.57. A majority vote of the membership of the
 1444  district school board shall be required to sustain the district
 1445  school superintendent’s recommendation. The determination of the
 1446  district school board shall be final as to the sufficiency or
 1447  insufficiency of the grounds for termination of employment; or
 1448         b. A hearing conducted by an administrative law judge
 1449  assigned by the Division of Administrative Hearings of the
 1450  Department of Management Services. The hearing shall be
 1451  conducted within 60 days after receipt of the written appeal in
 1452  accordance with chapter 120. The recommendation of the
 1453  administrative law judge shall be made to the district school
 1454  board. A majority vote of the membership of the district school
 1455  board shall be required to sustain or change the administrative
 1456  law judge’s recommendation. The determination of the district
 1457  school board shall be final as to the sufficiency or
 1458  insufficiency of the grounds for termination of employment.
 1459         (5) ADDITIONAL NOTIFICATIONS.—The district school
 1460  superintendent shall annually notify the department of any
 1461  instructional personnel or school administrators who receive two
 1462  consecutive unsatisfactory evaluations. The district school
 1463  superintendent shall also notify the department of any
 1464  instructional personnel or school administrators who are given
 1465  written notice by the district of intent to terminate or not
 1466  renew their employment. The department shall conduct an
 1467  investigation to determine whether action shall be taken against
 1468  the certificateholder pursuant to s. 1012.795.
 1470  EVALUATION SYSTEMS.—The district school board shall establish a
 1471  procedure for annually reviewing instructional personnel and
 1472  school administrator evaluation systems to determine compliance
 1473  with this section and s. 1012.3401. All substantial revisions to
 1474  an approved system must be reviewed and approved by the district
 1475  school board before being used to evaluate instructional
 1476  personnel or school administrators. Upon request by a school
 1477  district, the department shall provide assistance in developing,
 1478  improving, or reviewing an evaluation system.
 1480         (a) The Commissioner of Education shall approve a formula
 1481  to measure individual student learning growth on the statewide,
 1482  standardized assessments in English Language Arts and
 1483  mathematics administered under s. 1008.22. The formula must take
 1484  into consideration each student’s prior academic performance.
 1485  The formula must not set different expectations for student
 1486  learning growth based upon a student’s gender, race, ethnicity,
 1487  or socioeconomic status. In the development of the formula, the
 1488  commissioner shall consider other factors such as a student’s
 1489  attendance record, disability status, or status as an English
 1490  language learner. The commissioner may shall select additional
 1491  formulas to measure student performance as appropriate for the
 1492  remainder of the statewide, standardized assessments included
 1493  under s. 1008.22 and continue to select formulas as new
 1494  assessments are implemented in the state system. After the
 1495  commissioner approves the formula to measure individual student
 1496  learning growth, the State Board of Education shall adopt these
 1497  formulas in rule.
 1498         (b) Each school district shall measure student learning
 1499  growth using the formulas approved by the commissioner under
 1500  paragraph (a) and the standards for performance levels adopted
 1501  by the state board under subsection (8) for courses associated
 1502  with the statewide, standardized assessments administered under
 1503  s. 1008.22 no later than the school year immediately following
 1504  the year the formula is approved by the commissioner. For grades
 1505  and subjects not assessed by statewide, standardized assessments
 1506  but otherwise assessed as required under s. 1008.22(6), each
 1507  school district shall measure student performance of students
 1508  using a methodology determined by the district. The department
 1509  shall provide models for measuring performance of students which
 1510  school districts may adopt.
 1511         (c) For a course that is not measured by a statewide,
 1512  standardized assessment, a school district may request, through
 1513  the evaluation system approval process, to use a student’s
 1514  achievement level rather than student learning growth if
 1515  achievement is demonstrated to be a more appropriate measure of
 1516  classroom teacher performance. A school district may also
 1517  request to use a combination of student learning growth and
 1518  achievement, if appropriate.
 1519         (d) For a course that is not measured by a statewide,
 1520  standardized assessment, a school district may request, through
 1521  the evaluation system approval process, that the performance
 1522  evaluation for the classroom teacher assigned to that course
 1523  include the learning growth of his or her students on one or
 1524  more statewide, standardized assessments. The request must
 1525  clearly explain the rationale supporting the request.
 1526         (e) For purposes of this section and only for the 2014-2015
 1527  school year, a school district may use measurable learning
 1528  targets on local assessments administered under s. 1008.22(6) to
 1529  evaluate the performance of students portion of a classroom
 1530  teacher’s evaluation for courses that are not assessed by
 1531  statewide, standardized assessments. Learning targets must be
 1532  approved by the school principal. A district school
 1533  superintendent may assign to instructional personnel in an
 1534  instructional team the student learning growth of the
 1535  instructional team’s students on statewide assessments. This
 1536  paragraph expires July 1, 2015.
 1537         (8) RULEMAKING.—No later than August 1, 2015, the State
 1538  Board of Education shall adopt rules pursuant to ss. 120.536(1)
 1539  and 120.54 which establish uniform procedures and format for the
 1540  submission, review, and approval of district evaluation systems
 1541  and reporting requirements for the annual evaluation of
 1542  instructional personnel and school administrators; specific,
 1543  discrete standards for each performance level required under
 1544  subsection (2), based on student learning growth models approved
 1545  by the commissioner, to ensure clear and sufficient
 1546  differentiation in the performance levels and to provide
 1547  consistency in meaning across school districts; the measurement
 1548  of student learning growth and associated implementation
 1549  procedures required under subsection (7); and a process for
 1550  monitoring school district implementation of evaluation systems
 1551  in accordance with this section. Specifically, the rules shall
 1552  establish student performance levels that if not met will result
 1553  in the employee receiving an unsatisfactory performance
 1554  evaluation rating. In like manner, the rules shall establish a
 1555  student performance level that must be met in order for an
 1556  employee to receive a highly effective rating and a student
 1557  learning growth standard that must be met in order for an
 1558  employee to receive an effective rating.
 1560  Standards for each performance level required under subsection
 1561  (2) shall be established by the State Board of Education
 1562  beginning with the 2015-2016 school year.
 1564  EVALUATION PROGRESS.—School districts are eligible for bonus
 1565  rewards as provided for in the 2014 General Appropriations Act
 1566  for making outstanding progress toward educator effectiveness,
 1567  including implementation of instructional personnel salaries
 1568  based on performance results under s. 1012.34 and the use of
 1569  local assessment results in personnel evaluations when
 1570  statewide, standardized assessments are not administered.
 1571         Section 13. Section 1012.3401, Florida Statutes, is
 1572  repealed.
 1573         Section 14. Subsection (10) of section 1012.98, Florida
 1574  Statutes, is amended to read:
 1575         1012.98 School Community Professional Development Act.—
 1576         (10) For instructional personnel teachers, managers, and
 1577  administrative personnel who have been evaluated as less than
 1578  effective satisfactory, a district school board shall require
 1579  participation in specific professional development programs as
 1580  provided in subparagraph (4)(b)4. as part of the improvement
 1581  prescription.
 1582         Section 15. Except as otherwise expressly provided in this
 1583  act, this act shall take effect upon becoming a law.
 1585  ================= T I T L E  A M E N D M E N T ================
 1586  And the title is amended as follows:
 1587         Delete everything before the enacting clause
 1588  and insert:
 1589                        A bill to be entitled                      
 1590         An act relating to education accountability; amending
 1591         s. 1002.20, F.S.; revising provisions relating to
 1592         reading instruction to conform to changes made by the
 1593         act; amending ss. 1003.4156 and 1003.4282, F.S.;
 1594         deleting provisions relating to remediation for
 1595         certain middle grades and high school students,
 1596         respectively; amending s. 1003.4285, F.S.; revising
 1597         requirements for the scholar designation on standard
 1598         high school diplomas; amending s. 1008.22, F.S.;
 1599         revising the purpose of the student assessment program
 1600         to include providing instructional personnel with
 1601         certain information when available; revising the grade
 1602         levels of students who must take the statewide,
 1603         standardized English Language Arts assessment;
 1604         revising provisions relating to end-of-course
 1605         assessments; requiring that all students enrolled in
 1606         certain courses take the statewide, standardized end
 1607         of-course assessment associated with the course;
 1608         prohibiting students who take an end-of-course
 1609         assessment for a course from taking other specified
 1610         assessments; requiring computer-based testing for
 1611         certain assessments during specified school years;
 1612         requiring that paper-based accommodations be made
 1613         available for certain students; providing for use of
 1614         certain assessment results for students; requiring
 1615         that a student’s performance results on certain
 1616         assessments be provided to the student’s teachers and
 1617         parents within a specified time after administration
 1618         of the assessments; providing for liquidated damages;
 1619         revising provisions relating to local assessments
 1620         administered by school districts; requiring that
 1621         certain information relating to student achievement be
 1622         provided to instructional personnel when available;
 1623         requiring that all end-of-course assessment results be
 1624         reported annually by a specified date; providing an
 1625         exemption for the 2014-2015 school year; requiring the
 1626         Commissioner of Education to annually publish a
 1627         uniform calendar for assessment and reporting on the
 1628         Department of Education’s website; requiring each
 1629         school district to establish assessment schedules,
 1630         approve such schedules at a district school board
 1631         meeting, and publish such schedules on the district’s
 1632         website; requiring each public school to publish such
 1633         schedules on the school’s website; providing that
 1634         certain assessments replace final assessments in
 1635         certain courses; requiring teachers and parents to be
 1636         provided with results of district-required local
 1637         assessments in a timely manner; requiring rulemaking
 1638         relating to the uniform calendar; amending s. 1008.24,
 1639         F.S.; authorizing a school district to use district
 1640         employees to administer and proctor specified
 1641         assessments; providing minimum requirements for State
 1642         Board of Education rules regarding the training of
 1643         such employees; amending s. 1008.25, F.S.; deleting
 1644         requirements for the comprehensive student progression
 1645         plan; requiring each district school board to adopt
 1646         criteria for student grade-level progression; revising
 1647         provisions relating to support for certain students
 1648         and student promotion from grade 3 to grade 4;
 1649         requiring that certain information relating to student
 1650         achievement be provided to instructional personnel
 1651         when available; providing for intensive instruction
 1652         for certain students; revising reporting requirements;
 1653         amending s. 1008.30, F.S.; deleting a requirement for
 1654         certain students to be evaluated for college
 1655         readiness; amending s. 1008.34, F.S.; adding
 1656         references to school improvement ratings to provisions
 1657         regarding the school grading system; specifying
 1658         applicability of certain accountability measures to
 1659         schools using turnaround options; requiring that
 1660         students who score in the bottom quintile on the 2014
 1661         2015 grade 3 English Language Arts assessment be
 1662         identified as students at risk of retention; requiring
 1663         that each school district notify such students’
 1664         parents, provide evidence, and provide intervention
 1665         and support services; authorizing a school district to
 1666         request approval from the state board to use student
 1667         performance results on new statewide assessments for
 1668         diagnostic and baseline purposes; requiring a district
 1669         school superintendent to submit the waiver request to
 1670         the Commissioner of Education; specifying required
 1671         content of a waiver request; requiring the
 1672         commissioner to review and make recommendations to the
 1673         state board regarding each waiver request; specifying
 1674         conditions and requirements for a school that is
 1675         granted a waiver for the 2014-2015 school year;
 1676         providing for expiration; amending s. 1012.34, F.S.;
 1677         revising reporting requirements relating to school
 1678         district personnel evaluation systems; revising
 1679         evaluation criteria and requirements; revising
 1680         provisions relating to the measurement of student
 1681         performance; deleting provisions relating to district
 1682         bonus rewards for performance pay based on evaluation
 1683         progress; repealing s. 1012.3401, F.S., relating to
 1684         requirements for measuring student performance in
 1685         instructional personnel and school administrator
 1686         performance evaluations and performance evaluation of
 1687         personnel for purposes of performance salary schedule;
 1688         amending s. 1012.98, F.S.; revising provisions
 1689         relating to personnel evaluation for purposes of
 1690         professional development; providing effective dates.