Florida Senate - 2015                              CS for SB 616
       
       
        
       By the Committee on Education Pre-K - 12; and Senator Legg
       
       
       
       
       
       581-01943-15                                           2015616c1
    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; requiring
   65         the Office of Program Policy Analysis and Government
   66         Accountability (OPPAGA) to complete a study regarding
   67         the leasing of examination questions; requiring OPPAGA
   68         to submit a report summarizing the study findings to
   69         the Legislature by a specified date; amending ss.
   70         1003.4282, 1003.4285, and 1012.22, F.S.; conforming
   71         provisions to changes made by the act; providing an
   72         effective date.
   73          
   74  Be It Enacted by the Legislature of the State of Florida:
   75  
   76         Section 1. Subsection (18) is added to section 1001.03,
   77  Florida Statutes, to read:
   78         1001.03 Specific powers of State Board of Education.—
   79         (18) PUBLICATION OF GRADE 3 RETENTION AND MIDYEAR PROMOTION
   80  AND HIGH SCHOOL GRADUATION REQUIREMENTS AND OPTIONS.—The State
   81  Board of Education shall adopt by rule:
   82         (a) A notification form that clearly identifies for parents
   83  and students the grade 3 retention and midyear promotion
   84  requirements, processes, and options, as well as the high school
   85  graduation requirements, processes, and options. The rule must
   86  require school districts to publish this notification form on
   87  their websites and include the form in annual student handbooks.
   88         (b) A requirement that school districts attach the
   89  notification form when providing student performance results to
   90  parents on statewide, standardized assessments administered
   91  pursuant to ss. 1002.69, 1003.56, and 1008.22.
   92         Section 2. Paragraph (a) of subsection (3) and subsection
   93  (6) of section 1008.22, Florida Statutes, are amended to read:
   94         1008.22 Student assessment program for public schools.—
   95         (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The
   96  Commissioner of Education shall design and implement a
   97  statewide, standardized assessment program aligned to the core
   98  curricular content established in the Next Generation Sunshine
   99  State Standards. The commissioner also must develop or select
  100  and implement a common battery of assessment tools that will be
  101  used in all juvenile justice education programs in the state.
  102  These tools must accurately measure the core curricular content
  103  established in the Next Generation Sunshine State Standards.
  104  Participation in the assessment program is mandatory for all
  105  school districts and all students attending public schools,
  106  including adult students seeking a standard high school diploma
  107  under s. 1003.4282 and students in Department of Juvenile
  108  Justice education programs, except as otherwise provided by law.
  109  If a student does not participate in the assessment program, the
  110  school district must notify the student’s parent and provide the
  111  parent with information regarding the implications of such
  112  nonparticipation. The statewide, standardized assessment program
  113  shall be designed and implemented as follows:
  114         (a) Statewide, standardized comprehensive assessments.—The
  115  statewide, standardized Reading assessment shall be administered
  116  annually in grades 3 through 10. The statewide, standardized
  117  Writing assessment shall be administered annually at least once
  118  at the elementary, middle, and high school levels. When the
  119  Reading and Writing assessments are replaced by English Language
  120  Arts (ELA) assessments, ELA assessments shall be administered to
  121  students in grades 3 through 10 11. Retake opportunities for the
  122  grade 10 Reading assessment or, upon implementation, the grade
  123  10 ELA assessment must be provided. Students taking the ELA
  124  assessments shall not take the statewide, standardized
  125  assessments in Reading or Writing. ELA assessments shall be
  126  administered online. The statewide, standardized Mathematics
  127  assessments shall be administered annually in grades 3 through
  128  8. Students taking a revised Mathematics assessment shall not
  129  take the discontinued assessment. The statewide, standardized
  130  Science assessment shall be administered annually at least once
  131  at the elementary and middle grades levels. In order to earn a
  132  standard high school diploma, a student who has not earned a
  133  passing score on the grade 10 Reading assessment or, upon
  134  implementation, the grade 10 ELA assessment must earn a passing
  135  score on the assessment retake or earn a concordant score as
  136  authorized under subsection (7).
  137         (6) LOCAL ASSESSMENTS.—
  138         (a) Measurement of student performance in all subjects and
  139  grade levels, except those subjects and grade levels measured
  140  under the statewide, standardized assessment program described
  141  in this section, is the responsibility of the school districts.
  142  However, a school district may not administer a local assessment
  143  for subjects and grade levels that are measured under the
  144  statewide, standardized end-of-course assessments. A school
  145  district must provide a student’s performance results on
  146  district-required local assessments to the student’s teachers
  147  and parents within 30 days after administering such assessments.
  148         (b) Except for those subjects and grade levels measured
  149  under the statewide, standardized assessment program, beginning
  150  with the 2014-2015 school year, each school district shall
  151  administer for each course offered in the district a local
  152  assessment that measures student mastery of course content at
  153  the necessary level of rigor for the course. As adopted pursuant
  154  to State Board of Education rule, course content is set forth in
  155  the state standards required by s. 1003.41 and in the course
  156  description. Local assessments may include:
  157         1. Statewide assessments.
  158         2. Other standardized assessments, including nationally
  159  recognized standardized assessments.
  160         3. Industry certification assessments.
  161         4. District-developed or district-selected end-of-course
  162  assessments.
  163         5. Teacher-selected or principal-selected assessments.
  164         (c) Each district school board must adopt policies for
  165  selection, development, administration, and scoring of local
  166  assessments and for collection of assessment results. Local
  167  assessments implemented under subparagraphs (b)4. and 5. may
  168  include a variety of assessment formats, including, but not
  169  limited to, project-based assessments, adjudicated performances,
  170  and practical application assignments. For all English Language
  171  Arts, mathematics, science, and social studies courses offered
  172  in the district that are used to meet graduation requirements
  173  under s. 1002.3105, s. 1003.4281, or s. 1003.4282 and that are
  174  not otherwise assessed by statewide, standardized assessments,
  175  the district school board must select the assessments described
  176  in subparagraphs (b)1.-4.
  177         (d) The Commissioner of Education shall identify methods to
  178  assist and support districts in the development and acquisition
  179  of local assessments required under this subsection. Methods may
  180  include developing item banks, facilitating the sharing of
  181  developed tests among school districts, acquiring assessments
  182  from state and national curriculum-area organizations, and
  183  providing technical assistance in best professional practices of
  184  test development based upon state-adopted curriculum standards,
  185  administration, and security.
  186         (c)(e) Each school district shall establish schedules for
  187  the administration of any district-required local district
  188  mandated assessment and approve the schedules as an agenda item
  189  at a district school board meeting. A school district may not
  190  schedule more than 5 percent of a student’s total school hours
  191  in a school year to administer statewide, standardized
  192  assessments and district-required local assessments. The
  193  district must secure written consent from a student’s parent
  194  before administering district-required local assessments that,
  195  after applicable statewide, standardized assessments are
  196  scheduled, exceed the 5 percent test administration limit for
  197  that student under this paragraph. The 5 percent test
  198  administration limit for a student under this paragraph may be
  199  exceeded as needed to provide test accommodations that are
  200  required by an IEP or are appropriate for an English language
  201  learner who is currently receiving services in a program
  202  operated in accordance with an approved English language learner
  203  district plan pursuant to s. 1003.56. Notwithstanding this
  204  paragraph, a student may choose within a school year to take an
  205  examination or assessment adopted by State Board of Education
  206  rule pursuant to this section and ss. 1007.27, 1008.30, and
  207  1008.44. The school district shall adopt its publish the testing
  208  schedule for statewide, standardized assessments and district
  209  required local assessments schedules on its website, clearly
  210  specifying the estimates of average time for administering each
  211  assessment by grade level. The district must publish on its
  212  website district-mandated assessments, and report the schedules
  213  to the Department of Education, in a format prescribed by the
  214  department, by October 1 of each year.
  215         Section 3. Paragraph (b) of subsection (2), subsections (3)
  216  and (4), paragraphs (a) and (c) of subsection (5), and paragraph
  217  (a) of subsection (8) of section 1008.25, Florida Statutes, are
  218  amended to read:
  219         1008.25 Public school student progression; remedial
  220  instruction; reporting requirements.—
  221         (2) COMPREHENSIVE STUDENT PROGRESSION PLAN.—Each district
  222  school board shall establish a comprehensive plan for student
  223  progression which must:
  224         (b) Identify the Provide specific levels of performance in
  225  reading, writing, science, and mathematics for each grade level,
  226  including the levels of performance on the statewide,
  227  standardized assessments required by s. 1008.22 as defined by
  228  the commissioner, below which a student, pursuant to subsection
  229  (4), must receive remediation or be retained within an intensive
  230  program that is different from the previous year’s program and
  231  that takes into account the student’s learning style.
  232         (3) ALLOCATION OF RESOURCES.—District school boards shall
  233  allocate remedial and supplemental instruction resources to
  234  students in the following priority:
  235         (a) Students who are deficient in reading by the end of
  236  grade 3.
  237         (b) Students who fail to meet performance levels required
  238  for promotion consistent with the district school board’s plan
  239  for student progression required in paragraph (2)(b).
  240         (4) ASSESSMENT AND REMEDIATION.—
  241         (a) Each student must participate in the statewide,
  242  standardized assessment program required by s. 1008.22. Each
  243  student who does not meet specific levels of performance on the
  244  required assessments as determined by the district school board
  245  or who scores below Level 3 on the statewide, standardized
  246  Reading assessment or, upon implementation, the English Language
  247  Arts assessment or on the statewide, standardized Mathematics
  248  assessments in grades 3 through 8 and the Algebra I EOC
  249  assessment must be provided with additional diagnostic
  250  assessments to determine the nature of the student’s difficulty,
  251  the areas of academic need, and strategies for appropriate
  252  intervention and instruction as described in paragraph (b).
  253         (b) The school in which the student is enrolled must
  254  develop, in consultation with the student’s parent, and must
  255  implement a progress monitoring plan. A progress monitoring plan
  256  is intended to provide the school district and the school
  257  flexibility in meeting the academic needs of the student and to
  258  reduce paperwork. A student who is not meeting the school
  259  district or state requirements for proficiency in reading and
  260  mathematics shall be covered by one of the following plans to
  261  target instruction and identify ways to improve his or her
  262  academic achievement:
  263         1. A federally required student plan such as an individual
  264  education plan;
  265         2. A schoolwide system of progress monitoring for all
  266  students; or
  267         2.3. An individualized progress monitoring plan.
  268  
  269  The plan chosen must be designed to assist the student or the
  270  school in meeting state and district expectations for
  271  proficiency. If the student has been identified as having a
  272  deficiency in reading, the K-12 comprehensive reading plan
  273  required by s. 1011.62(9) shall include instructional and
  274  support services to be provided to meet the desired levels of
  275  performance. District school boards may require low-performing
  276  students to attend remediation programs held before or after
  277  regular school hours or during the summer if transportation is
  278  provided.
  279         (c) Upon subsequent evaluation, if the documented
  280  deficiency has not been remediated, the student may be retained.
  281  Each student who does not meet the minimum performance
  282  expectations identified in paragraph (2)(b) defined by the
  283  Commissioner of Education for the statewide assessment tests in
  284  reading, writing, science, and mathematics must continue to be
  285  provided with remedial or supplemental instruction until the
  286  expectations are met or the student graduates from high school
  287  or is not subject to compulsory school attendance.
  288         (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
  289         (a) Any student who exhibits a substantial deficiency in
  290  reading, based upon locally determined or statewide assessments
  291  conducted in kindergarten or grade 1, grade 2, or grade 3, such
  292  as the statewide kindergarten screening administered under s.
  293  1002.69 and subsequent related reading readiness screening or
  294  through teacher observations, must be given intensive reading
  295  instruction immediately following the identification of the
  296  reading deficiency. The student’s reading proficiency must be
  297  reassessed by locally determined assessments or through teacher
  298  observations at the beginning of the grade following the
  299  intensive reading instruction. The student must continue to be
  300  provided with intensive reading instruction until the reading
  301  deficiency is remedied.
  302         (c) The parent of any student who exhibits a substantial
  303  deficiency in reading, as described in paragraph (a), must be
  304  notified in writing of the following:
  305         1. That his or her child has been identified as having a
  306  substantial deficiency in reading.
  307         2. A description of the current services that are provided
  308  to the child.
  309         3. A description of the proposed supplemental instructional
  310  services and supports that will be provided to the child that
  311  are designed to remediate the identified area of reading
  312  deficiency.
  313         4. That if the child’s reading deficiency is not remediated
  314  by the end of grade 3, the child must be retained unless he or
  315  she is exempt from mandatory retention for good cause.
  316         5. Strategies for parents to use in helping their child
  317  succeed in reading proficiency.
  318         6. That the statewide, standardized assessment required
  319  under s. 1008.22 for grade 3 Florida Comprehensive Assessment
  320  Test (FCAT) is not the sole determiner of promotion and that
  321  additional evaluations, portfolio reviews, and assessments are
  322  available to the child to assist parents and the school district
  323  in knowing when a child is reading at or above grade level and
  324  ready for grade promotion.
  325         7. The district’s specific criteria and policies for a
  326  portfolio as provided in subparagraph (6)(b)4. and the evidence
  327  required for a student to demonstrate mastery of Florida’s
  328  academic standards for English Language Arts. A parent of a
  329  student in grade 3 who is identified anytime during the year as
  330  being at risk of retention may request that the school
  331  immediately begin collecting evidence for a portfolio.
  332         8. The district’s specific criteria and policies for
  333  midyear promotion. Midyear promotion means promotion of a
  334  retained student at any time during the year of retention once
  335  the student has demonstrated ability to read at grade level.
  336         (8) ANNUAL REPORT.—
  337         (a) In addition to the requirements in paragraph (5)(b),
  338  each district school board must annually report to the parent of
  339  each student the progress of the student toward achieving state
  340  and district expectations for proficiency in reading, writing,
  341  science, and mathematics. The district school board must report
  342  to the parent the student’s results on each statewide assessment
  343  test. The evaluation of each student’s progress must be based
  344  upon the student’s classroom work, observations, tests, district
  345  and state assessments, and other relevant information. Progress
  346  reporting must be provided to the parent in writing in a format
  347  adopted by the district school board.
  348         Section 4. Subsections (1) and (3) of section 1008.30,
  349  Florida Statutes, are amended to read:
  350         1008.30 Common placement testing for public postsecondary
  351  education.—
  352         (1) The State Board of Education, in conjunction with the
  353  Board of Governors, shall develop and implement a common
  354  placement test for the purpose of assessing the basic
  355  computation and communication skills of students who intend to
  356  enter a degree program at any public postsecondary educational
  357  institution. Alternative assessments, such as the SAT, ACT, and
  358  other assessments identified by rule, that may be accepted in
  359  lieu of the common placement test shall also be identified in
  360  rule. Public postsecondary educational institutions shall
  361  provide appropriate modifications of the test instruments or
  362  test procedures for students with disabilities.
  363         (3) The State Board of Education shall adopt rules that
  364  authorize require high schools, at the request of a parent, to
  365  evaluate before the beginning of grade 12 the college readiness
  366  of a each student who scores Level 2 or Level 3 on grade 10 FCAT
  367  Reading or the English Language Arts assessment under s.
  368  1008.22, as applicable, or Level 2, Level 3, or Level 4 on the
  369  Algebra I assessment under s. 1008.22. High schools may shall
  370  perform this evaluation using results from the corresponding
  371  component of the common placement test prescribed in this
  372  section, or an alternative test identified by the State Board of
  373  Education, such as the SAT, ACT, and other assessments
  374  identified by rule. The high school shall use the results of the
  375  test to advise the students of any identified deficiencies and
  376  to recommend provide 12th grade students , and require them to
  377  complete, appropriate postsecondary preparatory instruction
  378  before high school graduation as an option to 12th grade
  379  students. The curriculum provided under this subsection shall be
  380  identified in rule by the State Board of Education and encompass
  381  Florida’s Postsecondary Readiness Competencies. Other elective
  382  courses may not be substituted for the selected postsecondary
  383  mathematics, reading, writing, or English Language Arts
  384  preparatory course unless the elective course covers the same
  385  competencies included in the postsecondary mathematics, reading,
  386  writing, or English Language Arts preparatory course.
  387         Section 5. Subsection (7) of section 1008.34, Florida
  388  Statutes, is amended to read:
  389         1008.34 School grading system; school report cards;
  390  district grade.—
  391         (7) TRANSITION.—School grades pursuant to this section and
  392  school improvement ratings pursuant to s. 1008.341 for the 2013
  393  2014 school year shall be calculated based on statutes and rules
  394  in effect on June 30, 2014. To assist in the transition to 2014
  395  2015 school grades and school improvement ratings, calculated
  396  based on new statewide, standardized assessments administered
  397  pursuant to s. 1008.22, the 2014-2015 school grades and school
  398  improvement ratings shall serve as an informational baseline for
  399  schools to work toward improved performance in future years.
  400  Accordingly, notwithstanding any other provision of law:
  401         (a) A school may not be required to select and implement a
  402  turnaround option pursuant to s. 1008.33 in the 2015-2016 school
  403  year based on the school’s 2014-2015 grade or school improvement
  404  rating under s. 1008.341, as applicable.
  405         (b)1. A school or approved provider under s. 1002.45 that
  406  receives the same or a lower school grade or school improvement
  407  rating for the 2014-2015 school year compared to the 2013-2014
  408  school year is not subject to sanctions or penalties that would
  409  otherwise occur as a result of the 2014-2015 school grade or
  410  rating. A charter school system or a school district designated
  411  as high performing may not lose the designation based on the
  412  2014-2015 school grades of any of the schools within the charter
  413  school system or school district, as applicable.
  414         2. The Florida School Recognition Program established under
  415  s. 1008.36 shall continue to be implemented as otherwise
  416  provided in the General Appropriations Act.
  417         (c) For purposes of determining grade 3 retention pursuant
  418  to s. 1008.25(5) and high school graduation pursuant to s.
  419  1003.4282, student performance on the 2014-2015 statewide,
  420  standardized assessments shall be linked to 2013-2014 student
  421  performance expectations.
  422  
  423  This subsection is repealed July 1, 2017.
  424         Section 6. Paragraph (a) of subsection (3) and subsections
  425  (7) and (8) of section 1012.34, Florida Statutes, are amended to
  426  read:
  427         1012.34 Personnel evaluation procedures and criteria.—
  428         (3) EVALUATION PROCEDURES AND CRITERIA.—Instructional
  429  personnel and school administrator performance evaluations must
  430  be based upon the performance of students assigned to their
  431  classrooms or schools, as provided in this section. Pursuant to
  432  this section, a school district’s performance evaluation is not
  433  limited to basing unsatisfactory performance of instructional
  434  personnel and school administrators solely upon student
  435  performance, but may include other criteria approved to evaluate
  436  instructional personnel and school administrators’ performance,
  437  or any combination of student performance and other approved
  438  criteria. Evaluation procedures and criteria must comply with,
  439  but are not limited to, the following:
  440         (a) A performance evaluation must be conducted for each
  441  employee at least once a year, except that a classroom teacher,
  442  as defined in s. 1012.01(2)(a), excluding substitute teachers,
  443  who is newly hired by the district school board must be observed
  444  and evaluated at least twice in the first year of teaching in
  445  the school district. The performance evaluation must be based
  446  upon sound educational principles and contemporary research in
  447  effective educational practices. The evaluation criteria must
  448  include:
  449         1. Performance of students.—At least 33 50 percent of a
  450  performance evaluation must be based upon data and indicators of
  451  student learning growth assessed annually by statewide
  452  assessments or, for subjects and grade levels not measured by
  453  statewide assessments, by school district assessments pursuant
  454  to subsection (7) as provided in s. 1008.22(6). Each school
  455  district must use the formula adopted pursuant to paragraph
  456  (7)(a) for measuring student learning growth in all courses
  457  associated with statewide assessments and must select an equally
  458  appropriate formula for measuring student learning growth for
  459  all other grades and subjects, except as otherwise provided in
  460  subsection (7).
  461         a. For classroom teachers, as defined in s. 1012.01(2)(a),
  462  excluding substitute teachers, the student learning growth
  463  portion of the evaluation must include growth data for students
  464  assigned to the teacher over the course of at least 3 years. If
  465  less than 3 years of data are available, the years for which
  466  data are available must be used and the percentage of the
  467  evaluation based upon student learning growth may be reduced to
  468  not less than 30 40 percent.
  469         b. For instructional personnel who are not classroom
  470  teachers, the student learning growth portion of the evaluation
  471  must include growth data on statewide assessments for students
  472  assigned to the instructional personnel over the course of at
  473  least 3 years, or may include a combination of student learning
  474  growth data and other measurable student outcomes that are
  475  specific to the assigned position, provided that the student
  476  learning growth data accounts for not less than 30 percent of
  477  the evaluation. If less than 3 years of student growth data are
  478  available, the years for which data are available must be used
  479  and the percentage of the evaluation based upon student learning
  480  growth may be reduced to not less than 20 percent.
  481         c. For school administrators, the student learning growth
  482  portion of the evaluation must include growth data for students
  483  assigned to the school over the course of at least 3 years. If
  484  less than 3 years of data are available, the years for which
  485  data are available must be used and the percentage of the
  486  evaluation based upon student learning growth may be reduced to
  487  not less than 30 40 percent.
  488         2. Instructional practice.—At least 33 percent of a
  489  performance evaluation criteria used when annually observing
  490  classroom teachers, as defined in s. 1012.01(2)(a), excluding
  491  substitute teachers, must include indicators based upon each of
  492  the Florida Educator Accomplished Practices adopted by the State
  493  Board of Education. Multiple observations must be used by
  494  administrative personnel to evaluate the performance of each
  495  classroom teacher. For instructional personnel who are not
  496  classroom teachers, evaluation criteria must be based upon
  497  indicators of the Florida Educator Accomplished Practices and
  498  may include specific job expectations related to student
  499  support.
  500         3. Instructional leadership.—At least 30 percent of a
  501  performance evaluation for school administrators, evaluation
  502  criteria must include indicators based upon each of the
  503  leadership standards adopted by the State Board of Education
  504  under s. 1012.986, including performance measures related to the
  505  effectiveness of classroom teachers in the school, the
  506  administrator’s appropriate use of evaluation criteria and
  507  procedures, recruitment and retention of effective and highly
  508  effective classroom teachers, improvement in the percentage of
  509  instructional personnel evaluated at the highly effective or
  510  effective level, and other leadership practices that result in
  511  student learning growth. The system may include a means to give
  512  parents and instructional personnel an opportunity to provide
  513  input into the administrator’s performance evaluation.
  514         4. Professional and job responsibilities.—For instructional
  515  personnel and school administrators, no more than 33 percent of
  516  a performance evaluation must include other professional and job
  517  responsibilities must be included as adopted by the State Board
  518  of Education. The district school board may identify additional
  519  professional and job responsibilities. Peer reviews may be used
  520  for this component.
  521         (7) MEASUREMENT OF STUDENT LEARNING GROWTH; STATE AND LOCAL
  522  ASSESSMENTS.—
  523         (a) The Commissioner of Education shall approve a formula
  524  to measure individual student learning growth on the statewide,
  525  standardized assessments in English Language Arts and
  526  mathematics administered under s. 1008.22. The formula must take
  527  into consideration each student’s prior academic performance.
  528  The formula must not set different expectations for student
  529  learning growth based upon a student’s gender, race, ethnicity,
  530  or socioeconomic status. In the development of the formula, the
  531  commissioner shall consider other factors such as a student’s
  532  attendance record, disability status, or status as an English
  533  language learner. The commissioner shall select additional
  534  formulas as appropriate for the remainder of the statewide
  535  assessments included under s. 1008.22 and continue to select
  536  formulas as new assessments are implemented in the state system.
  537  After the commissioner approves the formula to measure
  538  individual student learning growth, the State Board of Education
  539  shall adopt these formulas in rule.
  540         (b) For courses associated with the statewide, standardized
  541  assessments under s. 1008.22, each school district shall measure
  542  student learning growth using the formulas approved by the
  543  commissioner under paragraph (a) for courses associated with the
  544  statewide, standardized assessments administered under s.
  545  1008.22 no later than the school year immediately following the
  546  year the formula is approved by the commissioner.
  547         (c) For grades and subjects not assessed by statewide,
  548  standardized assessments, but otherwise locally assessed
  549  pursuant to paragraph (d) as required under s. 1008.22(6), each
  550  school district shall measure performance of students using a
  551  methodology determined by the district. The department shall
  552  provide models for measuring performance of students which
  553  school districts may adopt. However, for a course that is not
  554  measured by a statewide, standardized assessment:
  555         1.(c)For a course that is not measured by a statewide,
  556  standardized assessment, A school district may request, through
  557  the evaluation system approval process, to use a student’s
  558  achievement level rather than student learning growth if
  559  achievement is demonstrated to be a more appropriate measure of
  560  classroom teacher performance. A school district may also
  561  request to use a combination of student learning growth and
  562  achievement, if appropriate.
  563         2.(d)For a course that is not measured by a statewide,
  564  standardized assessment, A school district may request, through
  565  the evaluation system approval process, that the performance
  566  evaluation for the classroom teacher assigned to that course
  567  include the learning growth of his or her students on one or
  568  more statewide, standardized assessments. The request must
  569  clearly explain the rationale supporting the request.
  570         3.(e) For purposes of this section and only for the 2014
  571  2015 school year, a school district may use measurable learning
  572  targets on local assessments administered under paragraph (d)
  573  and s. 1008.22(6) to evaluate the performance of students
  574  portion of a classroom teacher’s evaluation for courses that are
  575  not assessed by statewide, standardized assessments. Learning
  576  targets must be approved by the school principal. A district
  577  school superintendent may assign to instructional personnel in
  578  an instructional team the student learning growth of the
  579  instructional team’s students on statewide assessments. This
  580  subparagraph paragraph expires July 1, 2015.
  581         (d)1.Pursuant to s. 1008.22(6), school districts are
  582  responsible for the measurement of student performance in all
  583  subjects and grade levels, except those subjects and grade
  584  levels measured under the statewide, standardized assessment
  585  program. For subjects and grade levels not measured under the
  586  statewide, standardized program, each school district is
  587  responsible for administering local assessments that measure
  588  student mastery of course content at the necessary level of
  589  rigor. A school district may not administer a local assessment
  590  for subjects and grade levels that are measured under the
  591  statewide, standardized end-of-course assessments. As adopted
  592  pursuant to State Board of Education rule, course content is set
  593  forth in the state standards required by s. 1003.41 and in the
  594  course description. Local assessments may include:
  595         a. Statewide assessments.
  596         b. Other standardized assessments, including nationally
  597  recognized standardized assessments.
  598         c. Industry certification assessments.
  599         d. District-developed or district-selected assessments.
  600         e. Teacher-selected or principal-selected assessments.
  601         2. Each district school board must adopt policies for
  602  selection, development, administration, and scoring of district
  603  required local assessments and for collection of assessment
  604  results. The school district must provide a student’s
  605  performance results on local assessments to the student’s
  606  teachers and parents within 30 days after administering such
  607  assessments. Local assessments may include a variety of
  608  assessment formats, including, but not limited to, project-based
  609  assessments, adjudicated performances, and practical application
  610  assignments. For all English Language Arts, mathematics,
  611  science, and social studies courses offered in the district
  612  which are used to meet graduation requirements under s.
  613  1002.3105, s. 1003.4281, or s. 1003.4282 and which are not
  614  otherwise assessed by statewide, standardized assessments, the
  615  district school board must select the assessments described in
  616  sub-subparagraphs (d)1.a.-d. For an instructional personnel
  617  employee or school administrator to be eligible for salary
  618  adjustment under the performance salary schedule, pursuant to s.
  619  1012.22, the student performance component of his or her
  620  performance evaluation must be based on an assessment described
  621  in sub-subparagraphs (d)1.a.-d. using a methodology determined
  622  by the school district pursuant to paragraph (c).
  623         (8) RULEMAKING.—No later than August 1, 2015, the State
  624  Board of Education shall adopt rules pursuant to ss. 120.536(1)
  625  and 120.54 which establish uniform procedures for the
  626  submission, review, and approval of district evaluation systems
  627  and reporting requirements for the annual evaluation of
  628  instructional personnel and school administrators; specific,
  629  discrete standards for each performance level required under
  630  subsection (2) to ensure clear and sufficient differentiation in
  631  the performance levels and to provide consistency in meaning
  632  across school districts; the measurement of student learning
  633  growth and associated implementation procedures required under
  634  subsection (7); and a process for monitoring school district
  635  implementation of evaluation systems in accordance with this
  636  section. Specifically, the rules shall establish student
  637  performance levels that if not met will result in the employee
  638  receiving an unsatisfactory performance evaluation rating. In
  639  like manner, the rules shall establish a student performance
  640  level that must be met in order for an employee to receive a
  641  highly effective rating and a student learning growth standard
  642  that must be met in order for an employee to receive an
  643  effective rating.
  644         Section 7. Section 1012.3401, Florida Statutes, is amended
  645  to read:
  646         1012.3401 Requirements for measuring student performance in
  647  instructional personnel and school administrator performance
  648  evaluations; performance evaluation of personnel for purposes of
  649  performance salary schedule.—Notwithstanding any provision to
  650  the contrary in ss. 1012.22 and 1012.34 regarding the
  651  performance salary schedule and personnel evaluation procedures
  652  and criteria:
  653         (1) At least 33 50 percent of a classroom teacher’s or
  654  school administrator’s performance evaluation, or 40 percent if
  655  less than 3 years of student performance data are available,
  656  shall be based upon learning growth or achievement of the
  657  teacher’s students or, for a school administrator, the students
  658  attending that school; the remaining portion shall be based upon
  659  factors identified in district-determined, state-approved
  660  evaluation system plans. Student achievement measures for
  661  courses associated with statewide assessments may be used only
  662  if a statewide growth formula has not been approved for that
  663  assessment or, for courses associated with school district
  664  assessments, if achievement is demonstrated to be a more
  665  appropriate measure of teacher performance.
  666         (2) The student performance data used in the performance
  667  evaluation of nonclassroom instructional personnel shall be
  668  based on student outcome data that reflects the actual
  669  contribution of such personnel to the performance of the
  670  students assigned to the individual in the individual’s areas of
  671  responsibility.
  672         (3) For purposes of the performance salary schedule in s.
  673  1012.22, the student assessment data in the performance
  674  evaluation must be from statewide assessments or local district
  675  determined assessments pursuant to ss. 1008.22(6) and 1012.34(7)
  676  as required in s. 1008.22(6) in the subject areas taught.
  677         Section 8. School district contingency plan.
  678  Notwithstanding s. 1008.34(7), Florida Statutes, a school
  679  district may, by majority vote of the district school board,
  680  request approval from the State Board of Education to waive all
  681  requirements and benefits outlined in ss. 1008.34(7), 1008.36,
  682  and 1003.621, Florida Statutes, and instead use results from
  683  student performance on the new statewide, standardized
  684  assessments administered in the 2014-2015 school year pursuant
  685  to s. 1008.22, Florida Statutes, for diagnostic and baseline
  686  purposes only.
  687         (1) A school district’s request must be submitted to the
  688  Commissioner of Education by the school district superintendent,
  689  during the period from the last day of administration of
  690  statewide, standardized assessments through June 5, 2015, in
  691  accordance with the guidelines established by the commissioner.
  692  At a minimum, the request, must include identification of:
  693         (a) The scope of the request, to apply either to the school
  694  district or to a school or certain schools within the school
  695  district. The request must be made at a district or school
  696  level. The request may not be made at a grade level, a subject
  697  area level, or another level.
  698         (b) The reason for the request, including a description of
  699  the systemic or unique technical implementation failure.
  700  Quantifiable data substantiating the reason for such failure
  701  must accompany the request. A school district’s inability to
  702  assess the minimum percentage of students pursuant to ss.
  703  1008.34 and 1008.341, Florida Statutes, does not constitute a
  704  reasonable justification for requesting the waiver under this
  705  section.
  706         (c) The school district’s corrective action plan, which has
  707  been adopted by the district school board, and certification
  708  that the identified technical implementation failure must be
  709  resolved in time for successful administration of the statewide,
  710  standardized assessments during the 2015-2016 school year and
  711  each school year thereafter. The district must identify how the
  712  district plans to allocate resources and technical assistance
  713  that the district needs from the Department of Education to
  714  facilitate the district’s successful resolution of technical
  715  deficiencies.
  716         (d) The school district’s plan for using the diagnostic
  717  data to facilitate continuous improvement in student performance
  718  and the effectiveness of schools, instructional personnel, and
  719  school administrators; public reporting on the performance of
  720  students, schools, and the district; and informing parents about
  721  instruction associated with remediation and retention and
  722  options available to students including acceleration,
  723  graduation, and school choice. The district must also describe
  724  its plans for implementing student progression plans,
  725  performance evaluations of instructional personnel and school
  726  administrators, performance salary schedule requirements, and
  727  other uses as identified by the commissioner.
  728         (2) The commissioner shall review each request for a waiver
  729  and consult with the applicable school district superintendent.
  730  The commissioner shall make, and provide reasons for,
  731  recommendations to the State Board of Education regarding
  732  granting or denying a request for waiver. The state board may
  733  consider recommendations made by the commissioner to approve or
  734  deny school district requests. Notwithstanding any other
  735  provision of law, the commissioner’s recommendation to approve a
  736  request may, after consultation with the school district
  737  superintendent, include conditional requirements that must apply
  738  if approved by the state board. The decision of the state board,
  739  including any modifications adopted by the state board, is
  740  final.
  741         (3) For only the 2014-2015 school year, if a waiver is
  742  granted under this section:
  743         (a) A school or a school district may not receive a school
  744  grade, school improvement rating, or school district grade, as
  745  applicable.
  746         (b) A school may, at the school district’s discretion,
  747  choose to use new statewide, standardized assessment results in
  748  performance evaluations of instructional personnel and school
  749  administrators.
  750         (c) A school district shall continue to have its student
  751  performance results included in the statewide, standardized
  752  assessment results published by the department pursuant to s.
  753  1008.22, Florida Statutes.
  754         (d) A school shall forfeit eligibility to earn school
  755  recognition funds pursuant to s. 1008.36, Florida Statutes, as
  756  provided in the General Appropriations Act.
  757         (e) A school district shall forfeit the district’s
  758  eligibility to earn the designation and benefits associated with
  759  high performing school districts pursuant to s. 1003.621,
  760  Florida Statutes.
  761  
  762  This section expires July 1, 2016.
  763         Section 9. The Office of Program Policy Analysis and
  764  Government Accountability (OPPAGA) shall conduct a year-long
  765  study, beginning no later than August 1, 2015, to assess the
  766  cost-effectiveness of the Department of Education leasing
  767  examination questions from the American Institute for Research
  768  compared with using questions from an existing examination. No
  769  later than December 1, 2016, OPPAGA shall provide a report
  770  summarizing the findings of the study to the President of the
  771  Senate and the Speaker of the House of Representatives.
  772         Section 10. Paragraph (a) of subsection (5) of section
  773  1003.4282, Florida Statutes, is amended to read:
  774         1003.4282 Requirements for a standard high school diploma.—
  775         (5) REMEDIATION FOR HIGH SCHOOL STUDENTS.—
  776         (a) Each year a student scores Level 1 or Level 2 on the
  777  statewide, standardized grade 9 or grade 10 Reading assessment
  778  or, when implemented, the grade 9 or, grade 10, or grade 11 ELA
  779  assessment, the student may, as an option to the student, enroll
  780  must be enrolled in and complete an intensive remedial course
  781  the following year or be placed in a content area course that
  782  includes remediation of skills not acquired by the student.
  783         Section 11. Paragraph (a) of subsection (1) of section
  784  1003.4285, Florida Statutes, is amended to read:
  785         1003.4285 Standard high school diploma designations.—
  786         (1) Each standard high school diploma shall include, as
  787  applicable, the following designations if the student meets the
  788  criteria set forth for the designation:
  789         (a) Scholar designation.—In addition to the requirements of
  790  s. 1003.4282, in order to earn the Scholar designation, a
  791  student must satisfy the following requirements:
  792         1. English Language Arts (ELA).—Beginning with students
  793  entering grade 9 in the 2014-2015 school year, pass the
  794  statewide, standardized grade 11 ELA assessment.
  795         2. Mathematics.—Earn one credit in Algebra II and one
  796  credit in statistics or an equally rigorous course. Beginning
  797  with students entering grade 9 in the 2014-2015 school year,
  798  pass the Algebra II and Geometry statewide, standardized
  799  assessments.
  800         2.3. Science.—Pass the statewide, standardized Biology I
  801  EOC assessment and earn one credit in chemistry or physics and
  802  one credit in a course equally rigorous to chemistry or physics.
  803  However, a student enrolled in an Advanced Placement (AP),
  804  International Baccalaureate (IB), or Advanced International
  805  Certificate of Education (AICE) Biology course who takes the
  806  respective AP, IB, or AICE Biology assessment and earns the
  807  minimum score necessary to earn college credit as identified
  808  pursuant to s. 1007.27(2) meets the requirement of this
  809  subparagraph without having to take the statewide, standardized
  810  Biology I EOC assessment.
  811         3.4. Social studies.—Pass the statewide, standardized
  812  United States History EOC assessment. However, a student
  813  enrolled in an AP, IB, or AICE course that includes United
  814  States History topics who takes the respective AP, IB, or AICE
  815  assessment and earns the minimum score necessary to earn college
  816  credit as identified pursuant to s. 1007.27(2) meets the
  817  requirement of this subparagraph without having to take the
  818  statewide, standardized United States History EOC assessment.
  819         4.5. Foreign language.—Earn two credits in the same foreign
  820  language.
  821         5.6. Electives.—Earn at least one credit in an Advanced
  822  Placement, an International Baccalaureate, an Advanced
  823  International Certificate of Education, or a dual enrollment
  824  course.
  825         Section 12. Paragraph (c) of subsection (1) of section
  826  1012.22, Florida Statutes, is amended to read:
  827         1012.22 Public school personnel; powers and duties of the
  828  district school board.—The district school board shall:
  829         (1) Designate positions to be filled, prescribe
  830  qualifications for those positions, and provide for the
  831  appointment, compensation, promotion, suspension, and dismissal
  832  of employees as follows, subject to the requirements of this
  833  chapter:
  834         (c) Compensation and salary schedules.—
  835         1. Definitions.—As used in this paragraph, the term:
  836         a. “Adjustment” means an addition to the base salary
  837  schedule that is not a bonus and becomes part of the employee’s
  838  permanent base salary and shall be considered compensation under
  839  s. 121.021(22).
  840         b. “Grandfathered salary schedule” means the salary
  841  schedule or schedules adopted by a district school board before
  842  July 1, 2014, pursuant to subparagraph 4.
  843         c. “Instructional personnel” means instructional personnel
  844  as defined in s. 1012.01(2)(a)-(d), excluding substitute
  845  teachers.
  846         d. “Performance salary schedule” means the salary schedule
  847  or schedules adopted by a district school board pursuant to
  848  subparagraph 5.
  849         e. “Salary schedule” means the schedule or schedules used
  850  to provide the base salary for district school board personnel.
  851         f. “School administrator” means a school administrator as
  852  defined in s. 1012.01(3)(c).
  853         g. “Supplement” means an annual addition to the base salary
  854  for the term of the negotiated supplement as long as the
  855  employee continues his or her employment for the purpose of the
  856  supplement. A supplement does not become part of the employee’s
  857  continuing base salary but shall be considered compensation
  858  under s. 121.021(22).
  859         2. Cost-of-living adjustment.—A district school board may
  860  provide a cost-of-living salary adjustment if the adjustment:
  861         a. Does not discriminate among comparable classes of
  862  employees based upon the salary schedule under which they are
  863  compensated.
  864         b. Does not exceed 50 percent of the annual adjustment
  865  provided to instructional personnel rated as effective.
  866         3. Advanced degrees.—A district school board may not use
  867  advanced degrees in setting a salary schedule for instructional
  868  personnel or school administrators hired on or after July 1,
  869  2011, unless the advanced degree is held in the individual’s
  870  area of certification and is only a salary supplement.
  871         4. Grandfathered salary schedule.—
  872         a. The district school board shall adopt a salary schedule
  873  or salary schedules to be used as the basis for paying all
  874  school employees hired before July 1, 2014. Instructional
  875  personnel on annual contract as of July 1, 2014, shall be placed
  876  on the performance salary schedule adopted under subparagraph 5.
  877  Instructional personnel on continuing contract or professional
  878  service contract may opt into the performance salary schedule if
  879  the employee relinquishes such contract and agrees to be
  880  employed on an annual contract under s. 1012.335. Such an
  881  employee shall be placed on the performance salary schedule and
  882  may not return to continuing contract or professional service
  883  contract status. Any employee who opts into the performance
  884  salary schedule may not return to the grandfathered salary
  885  schedule.
  886         b. In determining the grandfathered salary schedule for
  887  instructional personnel, a district school board must base a
  888  portion of each employee’s compensation upon performance
  889  demonstrated under s. 1012.34 and shall provide differentiated
  890  pay for both instructional personnel and school administrators
  891  based upon district-determined factors, including, but not
  892  limited to, additional responsibilities, school demographics,
  893  critical shortage areas, and level of job performance
  894  difficulties.
  895         5. Performance salary schedule.—By July 1, 2014, the
  896  district school board shall adopt a performance salary schedule
  897  that provides annual salary adjustments for instructional
  898  personnel and school administrators based upon performance
  899  determined under s. 1012.34. Employees hired on or after July 1,
  900  2014, or employees who choose to move from the grandfathered
  901  salary schedule to the performance salary schedule shall be
  902  compensated pursuant to the performance salary schedule once
  903  they have received the appropriate performance evaluation for
  904  this purpose. However, a classroom teacher whose performance
  905  evaluation uses utilizes student learning growth measures
  906  established under s. 1012.34(7)(c)3. s. 1012.34(7)(e) shall
  907  remain under the grandfathered salary schedule until his or her
  908  teaching assignment changes to a subject for which there is a
  909  statewide, standardized assessment or district-required local an
  910  assessment or the school district establishes equally
  911  appropriate measures of student learning growth as defined under
  912  s. 1012.34 and rules of the State Board of Education.
  913         a. Base salary.—The base salary shall be established as
  914  follows:
  915         (I) The base salary for instructional personnel or school
  916  administrators who opt into the performance salary schedule
  917  shall be the salary paid in the prior year, including
  918  adjustments only.
  919         (II) Beginning July 1, 2014, instructional personnel or
  920  school administrators new to the district, returning to the
  921  district after a break in service without an authorized leave of
  922  absence, or appointed for the first time to a position in the
  923  district in the capacity of instructional personnel or school
  924  administrator shall be placed on the performance salary
  925  schedule.
  926         b. Salary adjustments.—Salary adjustments for highly
  927  effective or effective performance shall be established as
  928  follows:
  929         (I) The annual salary adjustment under the performance
  930  salary schedule for an employee rated as highly effective must
  931  be greater than the highest annual salary adjustment available
  932  to an employee of the same classification through any other
  933  salary schedule adopted by the district.
  934         (II) The annual salary adjustment under the performance
  935  salary schedule for an employee rated as effective must be equal
  936  to at least 50 percent and no more than 75 percent of the annual
  937  adjustment provided for a highly effective employee of the same
  938  classification.
  939         (III) The performance salary schedule shall not provide an
  940  annual salary adjustment for an employee who receives a rating
  941  other than highly effective or effective for the year.
  942         c. Salary supplements.—In addition to the salary
  943  adjustments, each district school board shall provide for salary
  944  supplements for activities that must include, but are not
  945  limited to:
  946         (I) Assignment to a Title I eligible school.
  947         (II) Assignment to a school that earned a grade of “F” or
  948  three consecutive grades of “D” pursuant to s. 1008.34 such that
  949  the supplement remains in force for at least 1 year following
  950  improved performance in that school.
  951         (III) Certification and teaching in critical teacher
  952  shortage areas. Statewide critical teacher shortage areas shall
  953  be identified by the State Board of Education under s. 1012.07.
  954  However, the district school board may identify other areas of
  955  critical shortage within the school district for purposes of
  956  this sub-sub-subparagraph and may remove areas identified by the
  957  state board which do not apply within the school district.
  958         (IV) Assignment of additional academic responsibilities.
  959  
  960  If budget constraints in any given year limit a district school
  961  board’s ability to fully fund all adopted salary schedules, the
  962  performance salary schedule may shall not be reduced on the
  963  basis of total cost or the value of individual awards in a
  964  manner that is proportionally greater than reductions to any
  965  other salary schedules adopted by the district.
  966         Section 13. This act shall take effect upon becoming a law.