Florida Senate - 2015              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 616
       
       
       
       
       
                               Ì610298BÎ610298                          
       
       581-01768B-15                                                   
       Proposed Committee Substitute by the Committee on Education Pre
       K - 12
    1                        A bill to be entitled                      
    2         An act relating to education accountability; amending
    3         s. 1001.03, F.S.; revising the powers of the State
    4         Board of Education to require adoption of rules
    5         regarding notification forms for grade 3 retention and
    6         midyear promotion, and high school graduation
    7         requirements and options; amending s. 1008.22, F.S.;
    8         removing the requirement that English Language Arts
    9         statewide assessments be administered to students in
   10         grade 11; prohibiting a school district from
   11         administering a local assessment on a subject measured
   12         under a statewide assessment; requiring a school
   13         district to provide a student’s performance results on
   14         local assessments within a specified timeframe;
   15         revising requirements for the administration of local
   16         assessments; transferring provisions relating to
   17         district school board policies regarding assessments;
   18         restricting the amount of school hours that a school
   19         district may dedicate to administer specified
   20         assessments; providing exceptions; requiring a school
   21         district to secure consent of a student’s parent if
   22         school hours dedicated to the administration of local
   23         assessments exceed the threshold amount; authorizing a
   24         student to take an examination or assessment adopted
   25         pursuant to State Board of Education rule; revising
   26         requirements regarding the school district’s adoption
   27         and publication of testing schedules; amending s.
   28         1008.25, F.S.; revising requirements for a district
   29         school board’s comprehensive student progression plan;
   30         removing references regarding local assessments;
   31         revising requirements regarding instruction and
   32         reassessment of students who exhibit a reading
   33         deficiency; amending s. 1008.30, F.S.; specifying
   34         alternative assessments that may be accepted by public
   35         postsecondary educational institutions in lieu of the
   36         common placement test; revising requirements for state
   37         board rules regarding common placement testing;
   38         authorizing, rather than requiring, high schools to
   39         perform specified college readiness evaluations;
   40         amending s. 1008.34, F.S.; adding references to school
   41         improvement ratings; amending s. 1012.34, F.S.;
   42         revising the percentage thresholds for performance
   43         evaluation criteria for instructional personnel and
   44         school administrators; authorizing use of peer reviews
   45         under the professional and job responsibilities
   46         component of the evaluation; specifying standards for
   47         the content and the administration of local
   48         assessments; specifying requirements for eligibility
   49         of salary adjustments for instructional personnel or
   50         school administrators; requiring the state board to
   51         adopt rules by a certain date; amending s. 1012.3401,
   52         F.S.; revising the formula for a classroom teacher’s
   53         or school administrator’s performance evaluation;
   54         authorizing a school district to request approval from
   55         the state board to use student performance results on
   56         new statewide assessments for diagnostic and baseline
   57         purposes; requiring a district school superintendent
   58         to submit the waiver request to the Commissioner of
   59         Education; specifying required content of a waiver
   60         request; requiring the commissioner to review and make
   61         recommendations to the state board regarding each
   62         waiver request; specifying conditions and requirements
   63         for a school that is granted a waiver for the 2014
   64         2015 school year; providing for expiration; amending
   65         ss. 1003.4282, 1003.4285, and 1012.22, F.S.;
   66         conforming provisions to changes made by the act;
   67         providing an effective date.
   68          
   69  Be It Enacted by the Legislature of the State of Florida:
   70  
   71         Section 1. Subsection (18) is added to section 1001.03,
   72  Florida Statutes, to read:
   73         1001.03 Specific powers of State Board of Education.—
   74         (18) PUBLICATION OF GRADE 3 RETENTION AND MIDYEAR PROMOTION
   75  AND HIGH SCHOOL GRADUATION REQUIREMENTS AND OPTIONS.— The State
   76  Board of Education shall adopt by rule:
   77         (a) A notification form that clearly identifies for parents
   78  and students the grade 3 retention and midyear promotion
   79  requirements, processes, and options, as well as the high school
   80  graduation requirements, processes, and options. The rule must
   81  require school districts to publish this notification form on
   82  their websites and include the form in annual student handbooks.
   83         (b) A requirement that school districts attach the
   84  notification form when providing student performance results to
   85  parents on statewide, standardized assessments administered
   86  pursuant to ss. 1002.69, 1003.56, and 1008.22.
   87         Section 2. Paragraph (a) of subsection (3) and subsection
   88  (6) of section 1008.22, Florida Statutes, are amended to read:
   89         1008.22 Student assessment program for public schools.—
   90         (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The
   91  Commissioner of Education shall design and implement a
   92  statewide, standardized assessment program aligned to the core
   93  curricular content established in the Next Generation Sunshine
   94  State Standards. The commissioner also must develop or select
   95  and implement a common battery of assessment tools that will be
   96  used in all juvenile justice education programs in the state.
   97  These tools must accurately measure the core curricular content
   98  established in the Next Generation Sunshine State Standards.
   99  Participation in the assessment program is mandatory for all
  100  school districts and all students attending public schools,
  101  including adult students seeking a standard high school diploma
  102  under s. 1003.4282 and students in Department of Juvenile
  103  Justice education programs, except as otherwise provided by law.
  104  If a student does not participate in the assessment program, the
  105  school district must notify the student’s parent and provide the
  106  parent with information regarding the implications of such
  107  nonparticipation. The statewide, standardized assessment program
  108  shall be designed and implemented as follows:
  109         (a) Statewide, standardized comprehensive assessments.—The
  110  statewide, standardized Reading assessment shall be administered
  111  annually in grades 3 through 10. The statewide, standardized
  112  Writing assessment shall be administered annually at least once
  113  at the elementary, middle, and high school levels. When the
  114  Reading and Writing assessments are replaced by English Language
  115  Arts (ELA) assessments, ELA assessments shall be administered to
  116  students in grades 3 through 10 11. Retake opportunities for the
  117  grade 10 Reading assessment or, upon implementation, the grade
  118  10 ELA assessment must be provided. Students taking the ELA
  119  assessments shall not take the statewide, standardized
  120  assessments in Reading or Writing. ELA assessments shall be
  121  administered online. The statewide, standardized Mathematics
  122  assessments shall be administered annually in grades 3 through
  123  8. Students taking a revised Mathematics assessment shall not
  124  take the discontinued assessment. The statewide, standardized
  125  Science assessment shall be administered annually at least once
  126  at the elementary and middle grades levels. In order to earn a
  127  standard high school diploma, a student who has not earned a
  128  passing score on the grade 10 Reading assessment or, upon
  129  implementation, the grade 10 ELA assessment must earn a passing
  130  score on the assessment retake or earn a concordant score as
  131  authorized under subsection (7).
  132         (6) LOCAL ASSESSMENTS.—
  133         (a) Measurement of student performance in all subjects and
  134  grade levels, except those subjects and grade levels measured
  135  under the statewide, standardized assessment program described
  136  in this section, is the responsibility of the school districts.
  137  However, a school district may not administer a local assessment
  138  for subjects and grade levels that are measured under the
  139  statewide, standardized end-of-course assessments. A school
  140  district must provide a student’s performance results on
  141  district-required local assessments to the student’s teachers
  142  and parents within 30 days after administering such assessments.
  143         (b) Except for those subjects and grade levels measured
  144  under the statewide, standardized assessment program, beginning
  145  with the 2014-2015 school year, each school district shall
  146  administer for each course offered in the district a local
  147  assessment that measures student mastery of course content at
  148  the necessary level of rigor for the course. As adopted pursuant
  149  to State Board of Education rule, course content is set forth in
  150  the state standards required by s. 1003.41 and in the course
  151  description. Local assessments may include:
  152         1. Statewide assessments.
  153         2. Other standardized assessments, including nationally
  154  recognized standardized assessments.
  155         3. Industry certification assessments.
  156         4. District-developed or district-selected end-of-course
  157  assessments.
  158         5. Teacher-selected or principal-selected assessments.
  159         (c) Each district school board must adopt policies for
  160  selection, development, administration, and scoring of local
  161  assessments and for collection of assessment results. Local
  162  assessments implemented under subparagraphs (b)4. and 5. may
  163  include a variety of assessment formats, including, but not
  164  limited to, project-based assessments, adjudicated performances,
  165  and practical application assignments. For all English Language
  166  Arts, mathematics, science, and social studies courses offered
  167  in the district that are used to meet graduation requirements
  168  under s. 1002.3105, s. 1003.4281, or s. 1003.4282 and that are
  169  not otherwise assessed by statewide, standardized assessments,
  170  the district school board must select the assessments described
  171  in subparagraphs (b)1.-4.
  172         (d) The Commissioner of Education shall identify methods to
  173  assist and support districts in the development and acquisition
  174  of local assessments required under this subsection. Methods may
  175  include developing item banks, facilitating the sharing of
  176  developed tests among school districts, acquiring assessments
  177  from state and national curriculum-area organizations, and
  178  providing technical assistance in best professional practices of
  179  test development based upon state-adopted curriculum standards,
  180  administration, and security.
  181         (c)(e) Each school district shall establish schedules for
  182  the administration of any district-required local district
  183  mandated assessment and approve the schedules as an agenda item
  184  at a district school board meeting. A school district may not
  185  schedule more than 5 percent of a student’s total school hours
  186  in a school year to administer statewide, standardized
  187  assessments and district-required local assessments. The
  188  district must secure written consent from a student’s parent
  189  before administering district-required local assessments that,
  190  after applicable statewide, standardized assessments are
  191  scheduled, exceed the 5 percent test administration limit for
  192  that student under this paragraph. The 5 percent test
  193  administration limit for a student under this paragraph may be
  194  exceeded as needed to provide test accommodations that are
  195  required by an IEP or are appropriate for an English language
  196  learner who is currently receiving services in a program
  197  operated in accordance with an approved English language learner
  198  district plan pursuant to s. 1003.56. Notwithstanding this
  199  paragraph, a student may choose within a school year to take an
  200  examination or assessment adopted by State Board of Education
  201  rule pursuant to this section and ss. 1007.27, 1008.30, and
  202  1008.44. The school district shall adopt its publish the testing
  203  schedule for statewide, standardized assessments and district
  204  required local assessments schedules on its website, clearly
  205  specifying the estimates of average time for administering each
  206  assessment by grade level. The district must publish on its
  207  website district-mandated assessments, and report the schedules
  208  to the Department of Education, in a format prescribed by the
  209  department, by October 1 of each year.
  210         Section 3. Paragraph (b) of subsection (2), subsections (3)
  211  and (4), paragraphs (a) and (c) of subsection (5), and paragraph
  212  (a) of subsection (8) of section 1008.25, Florida Statutes, are
  213  amended to read:
  214         1008.25 Public school student progression; remedial
  215  instruction; reporting requirements.—
  216         (2) COMPREHENSIVE STUDENT PROGRESSION PLAN.—Each district
  217  school board shall establish a comprehensive plan for student
  218  progression which must:
  219         (b) Identify the Provide specific levels of performance in
  220  reading, writing, science, and mathematics for each grade level,
  221  including the levels of performance on the statewide,
  222  standardized assessments required by s. 1008.22 as defined by
  223  the commissioner, below which a student, pursuant to subsection
  224  (4), must receive remediation or be retained within an intensive
  225  program that is different from the previous year’s program and
  226  that takes into account the student’s learning style.
  227         (3) ALLOCATION OF RESOURCES.—District school boards shall
  228  allocate remedial and supplemental instruction resources to
  229  students in the following priority:
  230         (a) Students who are deficient in reading by the end of
  231  grade 3.
  232         (b) Students who fail to meet performance levels required
  233  for promotion consistent with the district school board’s plan
  234  for student progression required in paragraph (2)(b).
  235         (4) ASSESSMENT AND REMEDIATION.—
  236         (a) Each student must participate in the statewide,
  237  standardized assessment program required by s. 1008.22. Each
  238  student who does not meet specific levels of performance on the
  239  required assessments as determined by the district school board
  240  or who scores below Level 3 on the statewide, standardized
  241  Reading assessment or, upon implementation, the English Language
  242  Arts assessment or on the statewide, standardized Mathematics
  243  assessments in grades 3 through 8 and the Algebra I EOC
  244  assessment must be provided with additional diagnostic
  245  assessments to determine the nature of the student’s difficulty,
  246  the areas of academic need, and strategies for appropriate
  247  intervention and instruction as described in paragraph (b).
  248         (b) The school in which the student is enrolled must
  249  develop, in consultation with the student’s parent, and must
  250  implement a progress monitoring plan. A progress monitoring plan
  251  is intended to provide the school district and the school
  252  flexibility in meeting the academic needs of the student and to
  253  reduce paperwork. A student who is not meeting the school
  254  district or state requirements for proficiency in reading and
  255  mathematics shall be covered by one of the following plans to
  256  target instruction and identify ways to improve his or her
  257  academic achievement:
  258         1. A federally required student plan such as an individual
  259  education plan;
  260         2. A schoolwide system of progress monitoring for all
  261  students; or
  262         2.3. An individualized progress monitoring plan.
  263  
  264  The plan chosen must be designed to assist the student or the
  265  school in meeting state and district expectations for
  266  proficiency. If the student has been identified as having a
  267  deficiency in reading, the K-12 comprehensive reading plan
  268  required by s. 1011.62(9) shall include instructional and
  269  support services to be provided to meet the desired levels of
  270  performance. District school boards may require low-performing
  271  students to attend remediation programs held before or after
  272  regular school hours or during the summer if transportation is
  273  provided.
  274         (c) Upon subsequent evaluation, if the documented
  275  deficiency has not been remediated, the student may be retained.
  276  Each student who does not meet the minimum performance
  277  expectations identified in paragraph (2)(b) defined by the
  278  Commissioner of Education for the statewide assessment tests in
  279  reading, writing, science, and mathematics must continue to be
  280  provided with remedial or supplemental instruction until the
  281  expectations are met or the student graduates from high school
  282  or is not subject to compulsory school attendance.
  283         (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
  284         (a) Any student who exhibits a substantial deficiency in
  285  reading, based upon locally determined or statewide assessments
  286  conducted in kindergarten or grade 1, grade 2, or grade 3, such
  287  as the statewide kindergarten screening administered under s.
  288  1002.69 and subsequent related reading readiness screening or
  289  through teacher observations, must be given intensive reading
  290  instruction immediately following the identification of the
  291  reading deficiency. The student’s reading proficiency must be
  292  reassessed by locally determined assessments or through teacher
  293  observations at the beginning of the grade following the
  294  intensive reading instruction. The student must continue to be
  295  provided with intensive reading instruction until the reading
  296  deficiency is remedied.
  297         (c) The parent of any student who exhibits a substantial
  298  deficiency in reading, as described in paragraph (a), must be
  299  notified in writing of the following:
  300         1. That his or her child has been identified as having a
  301  substantial deficiency in reading.
  302         2. A description of the current services that are provided
  303  to the child.
  304         3. A description of the proposed supplemental instructional
  305  services and supports that will be provided to the child that
  306  are designed to remediate the identified area of reading
  307  deficiency.
  308         4. That if the child’s reading deficiency is not remediated
  309  by the end of grade 3, the child must be retained unless he or
  310  she is exempt from mandatory retention for good cause.
  311         5. Strategies for parents to use in helping their child
  312  succeed in reading proficiency.
  313         6. That the statewide, standardized assessment required
  314  under s. 1008.22 for grade 3 Florida Comprehensive Assessment
  315  Test (FCAT) is not the sole determiner of promotion and that
  316  additional evaluations, portfolio reviews, and assessments are
  317  available to the child to assist parents and the school district
  318  in knowing when a child is reading at or above grade level and
  319  ready for grade promotion.
  320         7. The district’s specific criteria and policies for a
  321  portfolio as provided in subparagraph (6)(b)4. and the evidence
  322  required for a student to demonstrate mastery of Florida’s
  323  academic standards for English Language Arts. A parent of a
  324  student in grade 3 who is identified anytime during the year as
  325  being at risk of retention may request that the school
  326  immediately begin collecting evidence for a portfolio.
  327         8. The district’s specific criteria and policies for
  328  midyear promotion. Midyear promotion means promotion of a
  329  retained student at any time during the year of retention once
  330  the student has demonstrated ability to read at grade level.
  331         (8) ANNUAL REPORT.—
  332         (a) In addition to the requirements in paragraph (5)(b),
  333  each district school board must annually report to the parent of
  334  each student the progress of the student toward achieving state
  335  and district expectations for proficiency in reading, writing,
  336  science, and mathematics. The district school board must report
  337  to the parent the student’s results on each statewide assessment
  338  test. The evaluation of each student’s progress must be based
  339  upon the student’s classroom work, observations, tests, district
  340  and state assessments, and other relevant information. Progress
  341  reporting must be provided to the parent in writing in a format
  342  adopted by the district school board.
  343         Section 4. Subsections (1) and (3) of section 1008.30,
  344  Florida Statutes, are amended to read:
  345         1008.30 Common placement testing for public postsecondary
  346  education.—
  347         (1) The State Board of Education, in conjunction with the
  348  Board of Governors, shall develop and implement a common
  349  placement test for the purpose of assessing the basic
  350  computation and communication skills of students who intend to
  351  enter a degree program at any public postsecondary educational
  352  institution. Alternative assessments, such as the SAT, ACT, and
  353  other assessments identified by rule, that may be accepted in
  354  lieu of the common placement test shall also be identified in
  355  rule. Public postsecondary educational institutions shall
  356  provide appropriate modifications of the test instruments or
  357  test procedures for students with disabilities.
  358         (3) The State Board of Education shall adopt rules that
  359  authorize require high schools, at the request of a parent, to
  360  evaluate before the beginning of grade 12 the college readiness
  361  of a each student who scores Level 2 or Level 3 on grade 10 FCAT
  362  Reading or the English Language Arts assessment under s.
  363  1008.22, as applicable, or Level 2, Level 3, or Level 4 on the
  364  Algebra I assessment under s. 1008.22. High schools may shall
  365  perform this evaluation using results from the corresponding
  366  component of the common placement test prescribed in this
  367  section, or an alternative test identified by the State Board of
  368  Education, such as the SAT, ACT, and other assessments
  369  identified by rule. The high school shall use the results of the
  370  test to advise the students of any identified deficiencies and
  371  to recommend provide 12th grade students , and require them to
  372  complete, appropriate postsecondary preparatory instruction
  373  before high school graduation as an option to 12th grade
  374  students. The curriculum provided under this subsection shall be
  375  identified in rule by the State Board of Education and encompass
  376  Florida’s Postsecondary Readiness Competencies. Other elective
  377  courses may not be substituted for the selected postsecondary
  378  mathematics, reading, writing, or English Language Arts
  379  preparatory course unless the elective course covers the same
  380  competencies included in the postsecondary mathematics, reading,
  381  writing, or English Language Arts preparatory course.
  382         Section 5. Subsection (7) of section 1008.34, Florida
  383  Statutes, is amended to read:
  384         1008.34 School grading system; school report cards;
  385  district grade.—
  386         (7) TRANSITION.—School grades pursuant to this section and
  387  school improvement ratings pursuant to s. 1008.341 for the 2013
  388  2014 school year shall be calculated based on statutes and rules
  389  in effect on June 30, 2014. To assist in the transition to 2014
  390  2015 school grades and school improvement ratings, calculated
  391  based on new statewide, standardized assessments administered
  392  pursuant to s. 1008.22, the 2014-2015 school grades and school
  393  improvement ratings shall serve as an informational baseline for
  394  schools to work toward improved performance in future years.
  395  Accordingly, notwithstanding any other provision of law:
  396         (a) A school may not be required to select and implement a
  397  turnaround option pursuant to s. 1008.33 in the 2015-2016 school
  398  year based on the school’s 2014-2015 grade or school improvement
  399  rating under s. 1008.341, as applicable.
  400         (b)1. A school or approved provider under s. 1002.45 that
  401  receives the same or a lower school grade or school improvement
  402  rating for the 2014-2015 school year compared to the 2013-2014
  403  school year is not subject to sanctions or penalties that would
  404  otherwise occur as a result of the 2014-2015 school grade or
  405  rating. A charter school system or a school district designated
  406  as high performing may not lose the designation based on the
  407  2014-2015 school grades of any of the schools within the charter
  408  school system or school district, as applicable.
  409         2. The Florida School Recognition Program established under
  410  s. 1008.36 shall continue to be implemented as otherwise
  411  provided in the General Appropriations Act.
  412         (c) For purposes of determining grade 3 retention pursuant
  413  to s. 1008.25(5) and high school graduation pursuant to s.
  414  1003.4282, student performance on the 2014-2015 statewide,
  415  standardized assessments shall be linked to 2013-2014 student
  416  performance expectations.
  417  
  418  This subsection is repealed July 1, 2017.
  419         Section 6. Paragraph (a) of subsection (3) and subsections
  420  (7) and (8) of section 1012.34, Florida Statutes, are amended to
  421  read:
  422         1012.34 Personnel evaluation procedures and criteria.—
  423         (3) EVALUATION PROCEDURES AND CRITERIA.—Instructional
  424  personnel and school administrator performance evaluations must
  425  be based upon the performance of students assigned to their
  426  classrooms or schools, as provided in this section. Pursuant to
  427  this section, a school district’s performance evaluation is not
  428  limited to basing unsatisfactory performance of instructional
  429  personnel and school administrators solely upon student
  430  performance, but may include other criteria approved to evaluate
  431  instructional personnel and school administrators’ performance,
  432  or any combination of student performance and other approved
  433  criteria. Evaluation procedures and criteria must comply with,
  434  but are not limited to, the following:
  435         (a) A performance evaluation must be conducted for each
  436  employee at least once a year, except that a classroom teacher,
  437  as defined in s. 1012.01(2)(a), excluding substitute teachers,
  438  who is newly hired by the district school board must be observed
  439  and evaluated at least twice in the first year of teaching in
  440  the school district. The performance evaluation must be based
  441  upon sound educational principles and contemporary research in
  442  effective educational practices. The evaluation criteria must
  443  include:
  444         1. Performance of students.—At least 33 50 percent of a
  445  performance evaluation must be based upon data and indicators of
  446  student learning growth assessed annually by statewide
  447  assessments or, for subjects and grade levels not measured by
  448  statewide assessments, by school district assessments pursuant
  449  to subsection (7) as provided in s. 1008.22(6). Each school
  450  district must use the formula adopted pursuant to paragraph
  451  (7)(a) for measuring student learning growth in all courses
  452  associated with statewide assessments and must select an equally
  453  appropriate formula for measuring student learning growth for
  454  all other grades and subjects, except as otherwise provided in
  455  subsection (7).
  456         a. For classroom teachers, as defined in s. 1012.01(2)(a),
  457  excluding substitute teachers, the student learning growth
  458  portion of the evaluation must include growth data for students
  459  assigned to the teacher over the course of at least 3 years. If
  460  less than 3 years of data are available, the years for which
  461  data are available must be used and the percentage of the
  462  evaluation based upon student learning growth may be reduced to
  463  not less than 30 40 percent.
  464         b. For instructional personnel who are not classroom
  465  teachers, the student learning growth portion of the evaluation
  466  must include growth data on statewide assessments for students
  467  assigned to the instructional personnel over the course of at
  468  least 3 years, or may include a combination of student learning
  469  growth data and other measurable student outcomes that are
  470  specific to the assigned position, provided that the student
  471  learning growth data accounts for not less than 30 percent of
  472  the evaluation. If less than 3 years of student growth data are
  473  available, the years for which data are available must be used
  474  and the percentage of the evaluation based upon student learning
  475  growth may be reduced to not less than 20 percent.
  476         c. For school administrators, the student learning growth
  477  portion of the evaluation must include growth data for students
  478  assigned to the school over the course of at least 3 years. If
  479  less than 3 years of data are available, the years for which
  480  data are available must be used and the percentage of the
  481  evaluation based upon student learning growth may be reduced to
  482  not less than 30 40 percent.
  483         2. Instructional practice.—At least 33 percent of a
  484  performance evaluation criteria used when annually observing
  485  classroom teachers, as defined in s. 1012.01(2)(a), excluding
  486  substitute teachers, must include indicators based upon each of
  487  the Florida Educator Accomplished Practices adopted by the State
  488  Board of Education. Multiple observations must be used by
  489  administrative personnel to evaluate the performance of each
  490  classroom teacher. For instructional personnel who are not
  491  classroom teachers, evaluation criteria must be based upon
  492  indicators of the Florida Educator Accomplished Practices and
  493  may include specific job expectations related to student
  494  support.
  495         3. Instructional leadership.—At least 30 percent of a
  496  performance evaluation for school administrators, evaluation
  497  criteria must include indicators based upon each of the
  498  leadership standards adopted by the State Board of Education
  499  under s. 1012.986, including performance measures related to the
  500  effectiveness of classroom teachers in the school, the
  501  administrator’s appropriate use of evaluation criteria and
  502  procedures, recruitment and retention of effective and highly
  503  effective classroom teachers, improvement in the percentage of
  504  instructional personnel evaluated at the highly effective or
  505  effective level, and other leadership practices that result in
  506  student learning growth. The system may include a means to give
  507  parents and instructional personnel an opportunity to provide
  508  input into the administrator’s performance evaluation.
  509         4. Professional and job responsibilities.—For instructional
  510  personnel and school administrators, no more than 33 percent of
  511  a performance evaluation must include other professional and job
  512  responsibilities must be included as adopted by the State Board
  513  of Education. The district school board may identify additional
  514  professional and job responsibilities. Peer reviews may be used
  515  for this component.
  516         (7) MEASUREMENT OF STUDENT LEARNING GROWTH; STATE AND LOCAL
  517  ASSESSMENTS.—
  518         (a) The Commissioner of Education shall approve a formula
  519  to measure individual student learning growth on the statewide,
  520  standardized assessments in English Language Arts and
  521  mathematics administered under s. 1008.22. The formula must take
  522  into consideration each student’s prior academic performance.
  523  The formula must not set different expectations for student
  524  learning growth based upon a student’s gender, race, ethnicity,
  525  or socioeconomic status. In the development of the formula, the
  526  commissioner shall consider other factors such as a student’s
  527  attendance record, disability status, or status as an English
  528  language learner. The commissioner shall select additional
  529  formulas as appropriate for the remainder of the statewide
  530  assessments included under s. 1008.22 and continue to select
  531  formulas as new assessments are implemented in the state system.
  532  After the commissioner approves the formula to measure
  533  individual student learning growth, the State Board of Education
  534  shall adopt these formulas in rule.
  535         (b) For courses associated with the statewide, standardized
  536  assessments under s. 1008.22, each school district shall measure
  537  student learning growth using the formulas approved by the
  538  commissioner under paragraph (a) for courses associated with the
  539  statewide, standardized assessments administered under s.
  540  1008.22 no later than the school year immediately following the
  541  year the formula is approved by the commissioner.
  542         (c) For grades and subjects not assessed by statewide,
  543  standardized assessments, but otherwise locally assessed
  544  pursuant to paragraph (d) as required under s. 1008.22(6), each
  545  school district shall measure performance of students using a
  546  methodology determined by the district. The department shall
  547  provide models for measuring performance of students which
  548  school districts may adopt. However, for a course that is not
  549  measured by a statewide, standardized assessment:
  550         1.(c)For a course that is not measured by a statewide,
  551  standardized assessment, A school district may request, through
  552  the evaluation system approval process, to use a student’s
  553  achievement level rather than student learning growth if
  554  achievement is demonstrated to be a more appropriate measure of
  555  classroom teacher performance. A school district may also
  556  request to use a combination of student learning growth and
  557  achievement, if appropriate.
  558         2.(d)For a course that is not measured by a statewide,
  559  standardized assessment, A school district may request, through
  560  the evaluation system approval process, that the performance
  561  evaluation for the classroom teacher assigned to that course
  562  include the learning growth of his or her students on one or
  563  more statewide, standardized assessments. The request must
  564  clearly explain the rationale supporting the request.
  565         3.(e) For purposes of this section and only for the 2014
  566  2015 school year, a school district may use measurable learning
  567  targets on local assessments administered under paragraph (d)
  568  and s. 1008.22(6) to evaluate the performance of students
  569  portion of a classroom teacher’s evaluation for courses that are
  570  not assessed by statewide, standardized assessments. Learning
  571  targets must be approved by the school principal. A district
  572  school superintendent may assign to instructional personnel in
  573  an instructional team the student learning growth of the
  574  instructional team’s students on statewide assessments. This
  575  subparagraph paragraph expires July 1, 2015.
  576         (d)1.Pursuant to s. 1008.22(6), school districts are
  577  responsible for the measurement of student performance in all
  578  subjects and grade levels, except those subjects and grade
  579  levels measured under the statewide, standardized assessment
  580  program. For subjects and grade levels not measured under the
  581  statewide, standardized program, each school district is
  582  responsible for administering local assessments that measure
  583  student mastery of course content at the necessary level of
  584  rigor. A school district may not administer a local assessment
  585  for subjects and grade levels that are measured under the
  586  statewide, standardized end-of-course assessments. As adopted
  587  pursuant to State Board of Education rule, course content is set
  588  forth in the state standards required by s. 1003.41 and in the
  589  course description. Local assessments may include:
  590         a. Statewide assessments.
  591         b. Other standardized assessments, including nationally
  592  recognized standardized assessments.
  593         c. Industry certification assessments.
  594         d. District-developed or district-selected assessments.
  595         e. Teacher-selected or principal-selected assessments.
  596         2. Each district school board must adopt policies for
  597  selection, development, administration, and scoring of district
  598  required local assessments and for collection of assessment
  599  results. The school district must provide a student’s
  600  performance results on local assessments to the student’s
  601  teachers and parents within 30 days after administering such
  602  assessments. Local assessments may include a variety of
  603  assessment formats, including, but not limited to, project-based
  604  assessments, adjudicated performances, and practical application
  605  assignments. For all English Language Arts, mathematics,
  606  science, and social studies courses offered in the district
  607  which are used to meet graduation requirements under s.
  608  1002.3105, s. 1003.4281, or s. 1003.4282 and which are not
  609  otherwise assessed by statewide, standardized assessments, the
  610  district school board must select the assessments described in
  611  sub-subparagraphs (d)1.a.-d. For an instructional personnel
  612  employee or school administrator to be eligible for salary
  613  adjustment under the performance salary schedule, pursuant to s.
  614  1012.22, the student performance component of his or her
  615  performance evaluation must be based on an assessment described
  616  in sub-subparagraphs (d)1.a.-d. using a methodology determined
  617  by the school district pursuant to paragraph (c).
  618         (8) RULEMAKING.—No later than August 1, 2015, the State
  619  Board of Education shall adopt rules pursuant to ss. 120.536(1)
  620  and 120.54 which establish uniform procedures for the
  621  submission, review, and approval of district evaluation systems
  622  and reporting requirements for the annual evaluation of
  623  instructional personnel and school administrators; specific,
  624  discrete standards for each performance level required under
  625  subsection (2) to ensure clear and sufficient differentiation in
  626  the performance levels and to provide consistency in meaning
  627  across school districts; the measurement of student learning
  628  growth and associated implementation procedures required under
  629  subsection (7); and a process for monitoring school district
  630  implementation of evaluation systems in accordance with this
  631  section. Specifically, the rules shall establish student
  632  performance levels that if not met will result in the employee
  633  receiving an unsatisfactory performance evaluation rating. In
  634  like manner, the rules shall establish a student performance
  635  level that must be met in order for an employee to receive a
  636  highly effective rating and a student learning growth standard
  637  that must be met in order for an employee to receive an
  638  effective rating.
  639         Section 7. Section 1012.3401, Florida Statutes, is amended
  640  to read:
  641         1012.3401 Requirements for measuring student performance in
  642  instructional personnel and school administrator performance
  643  evaluations; performance evaluation of personnel for purposes of
  644  performance salary schedule.—Notwithstanding any provision to
  645  the contrary in ss. 1012.22 and 1012.34 regarding the
  646  performance salary schedule and personnel evaluation procedures
  647  and criteria:
  648         (1) At least 33 50 percent of a classroom teacher’s or
  649  school administrator’s performance evaluation, or 40 percent if
  650  less than 3 years of student performance data are available,
  651  shall be based upon learning growth or achievement of the
  652  teacher’s students or, for a school administrator, the students
  653  attending that school; the remaining portion shall be based upon
  654  factors identified in district-determined, state-approved
  655  evaluation system plans. Student achievement measures for
  656  courses associated with statewide assessments may be used only
  657  if a statewide growth formula has not been approved for that
  658  assessment or, for courses associated with school district
  659  assessments, if achievement is demonstrated to be a more
  660  appropriate measure of teacher performance.
  661         (2) The student performance data used in the performance
  662  evaluation of nonclassroom instructional personnel shall be
  663  based on student outcome data that reflects the actual
  664  contribution of such personnel to the performance of the
  665  students assigned to the individual in the individual’s areas of
  666  responsibility.
  667         (3) For purposes of the performance salary schedule in s.
  668  1012.22, the student assessment data in the performance
  669  evaluation must be from statewide assessments or local district
  670  determined assessments pursuant to ss. 1008.22(6) and 1012.34(7)
  671  as required in s. 1008.22(6) in the subject areas taught.
  672         Section 8. School district contingency plan.
  673  Notwithstanding s. 1008.34(7), Florida Statutes, a school
  674  district may, by majority vote of the district school board,
  675  request approval from the State Board of Education to waive all
  676  requirements and benefits outlined in ss. 1008.34(7), 1008.36,
  677  and 1003.621, Florida Statutes, and instead use results from
  678  student performance on the new statewide, standardized
  679  assessments administered in the 2014-2015 school year pursuant
  680  to s. 1008.22, Florida Statutes, for diagnostic and baseline
  681  purposes only.
  682         (1) A school district’s request must be submitted to the
  683  Commissioner of Education by the school district superintendent,
  684  during the period from the last day of administration of
  685  statewide, standardized assessments through June 5, 2015, in
  686  accordance with the guidelines established by the commissioner.
  687  At a minimum, the request, must include identification of:
  688         (a) The scope of the request, to apply either to the school
  689  district or to a school or certain schools within the school
  690  district. The request must be made at a district or school
  691  level. The request may not be made at a grade level, a subject
  692  area level, or another level.
  693         (b) The reason for the request, including a description of
  694  the systemic or unique technical implementation failure.
  695  Quantifiable data substantiating the reason for such failure
  696  must accompany the request. A school district’s inability to
  697  assess the minimum percentage of students pursuant to ss.
  698  1008.34 and 1008.341, Florida Statutes, does not constitute a
  699  reasonable justification for requesting the waiver under this
  700  section.
  701         (c) The school district’s corrective action plan, which has
  702  been adopted by the district school board, and certification
  703  that the identified technical implementation failure must be
  704  resolved in time for successful administration of the statewide,
  705  standardized assessments during the 2015-2016 school year and
  706  each school year thereafter. The district must identify how the
  707  district plans to allocate resources and technical assistance
  708  that the district needs from the Department of Education to
  709  facilitate the district’s successful resolution of technical
  710  deficiencies.
  711         (d) The school district’s plan for using the diagnostic
  712  data to facilitate continuous improvement in student performance
  713  and the effectiveness of schools, instructional personnel, and
  714  school administrators; public reporting on the performance of
  715  students, schools, and the district; and informing parents about
  716  instruction associated with remediation and retention and
  717  options available to students including acceleration,
  718  graduation, and school choice. The district must also describe
  719  its plans for implementing student progression plans,
  720  performance evaluations of instructional personnel and school
  721  administrators, performance salary schedule requirements, and
  722  other uses as identified by the commissioner.
  723         (2) The commissioner shall review each request for a waiver
  724  and consult with the applicable school district superintendent.
  725  The commissioner shall make, and provide reasons for,
  726  recommendations to the State Board of Education regarding
  727  granting or denying a request for waiver. The state board may
  728  consider recommendations made by the commissioner to approve or
  729  deny school district requests. Notwithstanding any other
  730  provision of law, the commissioner’s recommendation to approve a
  731  request may, after consultation with the school district
  732  superintendent, include conditional requirements that must apply
  733  if approved by the state board. The decision of the state board,
  734  including any modifications adopted by the state board, is
  735  final.
  736         (3) For only the 2014-2015 school year, if a waiver is
  737  granted under this section:
  738         (a) A school or a school district may not receive a school
  739  grade, school improvement rating, or school district grade, as
  740  applicable.
  741         (b) A school may, at the school district’s discretion,
  742  choose to use new statewide, standardized assessment results in
  743  performance evaluations of instructional personnel and school
  744  administrators.
  745         (c) A school district shall continue to have its student
  746  performance results included in the statewide, standardized
  747  assessment results published by the department pursuant to s.
  748  1008.22, Florida Statutes.
  749         (d) A school shall forfeit eligibility to earn school
  750  recognition funds pursuant to s. 1008.36, Florida Statutes, as
  751  provided in the General Appropriations Act.
  752         (e) A school district shall forfeit the district’s
  753  eligibility to earn the designation and benefits associated with
  754  high performing school districts pursuant to s. 1003.621,
  755  Florida Statutes.
  756  
  757  This section expires July 1, 2016.
  758         Section 9. Paragraph (a) of subsection (5) of section
  759  1003.4282, Florida Statutes, is amended to read:
  760         1003.4282 Requirements for a standard high school diploma.—
  761         (5) REMEDIATION FOR HIGH SCHOOL STUDENTS.—
  762         (a) Each year a student scores Level 1 or Level 2 on the
  763  statewide, standardized grade 9 or grade 10 Reading assessment
  764  or, when implemented, the grade 9 or, grade 10, or grade 11 ELA
  765  assessment, the student may, as an option to the student, enroll
  766  must be enrolled in and complete an intensive remedial course
  767  the following year or be placed in a content area course that
  768  includes remediation of skills not acquired by the student.
  769         Section 10. Paragraph (a) of subsection (1) of section
  770  1003.4285, Florida Statutes, is amended to read:
  771         1003.4285 Standard high school diploma designations.—
  772         (1) Each standard high school diploma shall include, as
  773  applicable, the following designations if the student meets the
  774  criteria set forth for the designation:
  775         (a) Scholar designation.—In addition to the requirements of
  776  s. 1003.4282, in order to earn the Scholar designation, a
  777  student must satisfy the following requirements:
  778         1. English Language Arts (ELA).—Beginning with students
  779  entering grade 9 in the 2014-2015 school year, pass the
  780  statewide, standardized grade 11 ELA assessment.
  781         2. Mathematics.—Earn one credit in Algebra II and one
  782  credit in statistics or an equally rigorous course. Beginning
  783  with students entering grade 9 in the 2014-2015 school year,
  784  pass the Algebra II and Geometry statewide, standardized
  785  assessments.
  786         2.3. Science.—Pass the statewide, standardized Biology I
  787  EOC assessment and earn one credit in chemistry or physics and
  788  one credit in a course equally rigorous to chemistry or physics.
  789  However, a student enrolled in an Advanced Placement (AP),
  790  International Baccalaureate (IB), or Advanced International
  791  Certificate of Education (AICE) Biology course who takes the
  792  respective AP, IB, or AICE Biology assessment and earns the
  793  minimum score necessary to earn college credit as identified
  794  pursuant to s. 1007.27(2) meets the requirement of this
  795  subparagraph without having to take the statewide, standardized
  796  Biology I EOC assessment.
  797         3.4. Social studies.—Pass the statewide, standardized
  798  United States History EOC assessment. However, a student
  799  enrolled in an AP, IB, or AICE course that includes United
  800  States History topics who takes the respective AP, IB, or AICE
  801  assessment and earns the minimum score necessary to earn college
  802  credit as identified pursuant to s. 1007.27(2) meets the
  803  requirement of this subparagraph without having to take the
  804  statewide, standardized United States History EOC assessment.
  805         4.5. Foreign language.—Earn two credits in the same foreign
  806  language.
  807         5.6. Electives.—Earn at least one credit in an Advanced
  808  Placement, an International Baccalaureate, an Advanced
  809  International Certificate of Education, or a dual enrollment
  810  course.
  811         Section 11. Paragraph (c) of subsection (1) of section
  812  1012.22, Florida Statutes, is amended to read:
  813         1012.22 Public school personnel; powers and duties of the
  814  district school board.—The district school board shall:
  815         (1) Designate positions to be filled, prescribe
  816  qualifications for those positions, and provide for the
  817  appointment, compensation, promotion, suspension, and dismissal
  818  of employees as follows, subject to the requirements of this
  819  chapter:
  820         (c) Compensation and salary schedules.—
  821         1. Definitions.—As used in this paragraph, the term:
  822         a. “Adjustment” means an addition to the base salary
  823  schedule that is not a bonus and becomes part of the employee’s
  824  permanent base salary and shall be considered compensation under
  825  s. 121.021(22).
  826         b. “Grandfathered salary schedule” means the salary
  827  schedule or schedules adopted by a district school board before
  828  July 1, 2014, pursuant to subparagraph 4.
  829         c. “Instructional personnel” means instructional personnel
  830  as defined in s. 1012.01(2)(a)-(d), excluding substitute
  831  teachers.
  832         d. “Performance salary schedule” means the salary schedule
  833  or schedules adopted by a district school board pursuant to
  834  subparagraph 5.
  835         e. “Salary schedule” means the schedule or schedules used
  836  to provide the base salary for district school board personnel.
  837         f. “School administrator” means a school administrator as
  838  defined in s. 1012.01(3)(c).
  839         g. “Supplement” means an annual addition to the base salary
  840  for the term of the negotiated supplement as long as the
  841  employee continues his or her employment for the purpose of the
  842  supplement. A supplement does not become part of the employee’s
  843  continuing base salary but shall be considered compensation
  844  under s. 121.021(22).
  845         2. Cost-of-living adjustment.—A district school board may
  846  provide a cost-of-living salary adjustment if the adjustment:
  847         a. Does not discriminate among comparable classes of
  848  employees based upon the salary schedule under which they are
  849  compensated.
  850         b. Does not exceed 50 percent of the annual adjustment
  851  provided to instructional personnel rated as effective.
  852         3. Advanced degrees.—A district school board may not use
  853  advanced degrees in setting a salary schedule for instructional
  854  personnel or school administrators hired on or after July 1,
  855  2011, unless the advanced degree is held in the individual’s
  856  area of certification and is only a salary supplement.
  857         4. Grandfathered salary schedule.—
  858         a. The district school board shall adopt a salary schedule
  859  or salary schedules to be used as the basis for paying all
  860  school employees hired before July 1, 2014. Instructional
  861  personnel on annual contract as of July 1, 2014, shall be placed
  862  on the performance salary schedule adopted under subparagraph 5.
  863  Instructional personnel on continuing contract or professional
  864  service contract may opt into the performance salary schedule if
  865  the employee relinquishes such contract and agrees to be
  866  employed on an annual contract under s. 1012.335. Such an
  867  employee shall be placed on the performance salary schedule and
  868  may not return to continuing contract or professional service
  869  contract status. Any employee who opts into the performance
  870  salary schedule may not return to the grandfathered salary
  871  schedule.
  872         b. In determining the grandfathered salary schedule for
  873  instructional personnel, a district school board must base a
  874  portion of each employee’s compensation upon performance
  875  demonstrated under s. 1012.34 and shall provide differentiated
  876  pay for both instructional personnel and school administrators
  877  based upon district-determined factors, including, but not
  878  limited to, additional responsibilities, school demographics,
  879  critical shortage areas, and level of job performance
  880  difficulties.
  881         5. Performance salary schedule.—By July 1, 2014, the
  882  district school board shall adopt a performance salary schedule
  883  that provides annual salary adjustments for instructional
  884  personnel and school administrators based upon performance
  885  determined under s. 1012.34. Employees hired on or after July 1,
  886  2014, or employees who choose to move from the grandfathered
  887  salary schedule to the performance salary schedule shall be
  888  compensated pursuant to the performance salary schedule once
  889  they have received the appropriate performance evaluation for
  890  this purpose. However, a classroom teacher whose performance
  891  evaluation uses utilizes student learning growth measures
  892  established under s. 1012.34(7)(c)3. s. 1012.34(7)(e) shall
  893  remain under the grandfathered salary schedule until his or her
  894  teaching assignment changes to a subject for which there is a
  895  statewide, standardized assessment or district-required local an
  896  assessment or the school district establishes equally
  897  appropriate measures of student learning growth as defined under
  898  s. 1012.34 and rules of the State Board of Education.
  899         a. Base salary.—The base salary shall be established as
  900  follows:
  901         (I) The base salary for instructional personnel or school
  902  administrators who opt into the performance salary schedule
  903  shall be the salary paid in the prior year, including
  904  adjustments only.
  905         (II) Beginning July 1, 2014, instructional personnel or
  906  school administrators new to the district, returning to the
  907  district after a break in service without an authorized leave of
  908  absence, or appointed for the first time to a position in the
  909  district in the capacity of instructional personnel or school
  910  administrator shall be placed on the performance salary
  911  schedule.
  912         b. Salary adjustments.—Salary adjustments for highly
  913  effective or effective performance shall be established as
  914  follows:
  915         (I) The annual salary adjustment under the performance
  916  salary schedule for an employee rated as highly effective must
  917  be greater than the highest annual salary adjustment available
  918  to an employee of the same classification through any other
  919  salary schedule adopted by the district.
  920         (II) The annual salary adjustment under the performance
  921  salary schedule for an employee rated as effective must be equal
  922  to at least 50 percent and no more than 75 percent of the annual
  923  adjustment provided for a highly effective employee of the same
  924  classification.
  925         (III) The performance salary schedule shall not provide an
  926  annual salary adjustment for an employee who receives a rating
  927  other than highly effective or effective for the year.
  928         c. Salary supplements.—In addition to the salary
  929  adjustments, each district school board shall provide for salary
  930  supplements for activities that must include, but are not
  931  limited to:
  932         (I) Assignment to a Title I eligible school.
  933         (II) Assignment to a school that earned a grade of “F” or
  934  three consecutive grades of “D” pursuant to s. 1008.34 such that
  935  the supplement remains in force for at least 1 year following
  936  improved performance in that school.
  937         (III) Certification and teaching in critical teacher
  938  shortage areas. Statewide critical teacher shortage areas shall
  939  be identified by the State Board of Education under s. 1012.07.
  940  However, the district school board may identify other areas of
  941  critical shortage within the school district for purposes of
  942  this sub-sub-subparagraph and may remove areas identified by the
  943  state board which do not apply within the school district.
  944         (IV) Assignment of additional academic responsibilities.
  945  
  946  If budget constraints in any given year limit a district school
  947  board’s ability to fully fund all adopted salary schedules, the
  948  performance salary schedule may shall not be reduced on the
  949  basis of total cost or the value of individual awards in a
  950  manner that is proportionally greater than reductions to any
  951  other salary schedules adopted by the district.
  952         Section 12. This act shall take effect upon becoming a law.