Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. CS/HB 7069, 1st Eng.
       
       
       
       
       
       
                                Ì211438+Î211438                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/RE/2R         .                                
             04/02/2015 04:28 PM       .                                
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       Senator Legg moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (f) of subsection (4) of section
    6  1001.42, Florida Statutes, is amended to read:
    7         1001.42 Powers and duties of district school board.—The
    8  district school board, acting as a board, shall exercise all
    9  powers and perform all duties listed below:
   10         (4) ESTABLISHMENT, ORGANIZATION, AND OPERATION OF SCHOOLS.
   11  Adopt and provide for the execution of plans for the
   12  establishment, organization, and operation of the schools of the
   13  district, including, but not limited to, the following:
   14         (f) Opening and closing of schools; fixing uniform date.
   15  Adopt policies for the opening and closing of schools and fix
   16  uniform dates; however, beginning with the 2007-2008 school
   17  year, the opening date for schools in the district may not be
   18  earlier than August 10 of 14 days before Labor Day each year.
   19         Section 2. Subsection (11) of section 1002.20, Florida
   20  Statutes, is amended to read:
   21         1002.20 K-12 student and parent rights.—Parents of public
   22  school students must receive accurate and timely information
   23  regarding their child’s academic progress and must be informed
   24  of ways they can help their child to succeed in school. K-12
   25  students and their parents are afforded numerous statutory
   26  rights including, but not limited to, the following:
   27         (11) STUDENTS WITH READING DEFICIENCIES.—Each elementary
   28  school shall regularly assess the reading ability of each K-3
   29  student. The parent of any K-3 student who exhibits a reading
   30  deficiency shall be immediately notified of the student’s
   31  deficiency with a description and explanation, in terms
   32  understandable to the parent, of the exact nature of the
   33  student’s difficulty in learning and lack of achievement in
   34  reading; shall be consulted in the development of a progress
   35  monitoring plan, as described in s. 1008.25(4)(b); and shall be
   36  informed that the student will be given intensive reading
   37  instruction until the deficiency is corrected. This subsection
   38  operates in addition to the remediation and notification
   39  provisions contained in s. 1008.25 and in no way reduces the
   40  rights of a parent or the responsibilities of a school district
   41  under that section.
   42         Section 3. Subsections (2) and (3) of section 1003.4156,
   43  Florida Statutes, are amended to read:
   44         1003.4156 General requirements for middle grades
   45  promotion.—
   46         (2) If a middle grades student scores Level l or Level 2 on
   47  the statewide, standardized Reading assessment or, when
   48  implemented, the English Language Arts (ELA) assessment, the
   49  following year the student must enroll in and complete a
   50  remedial course or a content area course in which remediation
   51  strategies are incorporated into course content delivery. The
   52  department shall provide guidance on appropriate strategies for
   53  diagnosing and meeting the varying instructional needs of
   54  students performing below grade level.
   55         (3) If a middle grades student scores Level 1 or Level 2 on
   56  the statewide, standardized Mathematics assessment, the
   57  following year the student must receive remediation, which may
   58  be integrated into the student’s required mathematics courses.
   59         Section 4. Subsection (5) of section 1003.4282, Florida
   60  Statutes, is amended to read:
   61         1003.4282 Requirements for a standard high school diploma.—
   62         (5) REMEDIATION FOR HIGH SCHOOL STUDENTS.—
   63         (a) Each year a student scores Level 1 or Level 2 on the
   64  statewide, standardized grade 9 or grade 10 Reading assessment
   65  or, when implemented, the grade 9, grade 10, or grade 11 ELA
   66  assessment, the student must be enrolled in and complete an
   67  intensive remedial course the following year or be placed in a
   68  content area course that includes remediation of skills not
   69  acquired by the student.
   70         (b) Each year a student scores Level 1 or Level 2 on the
   71  statewide, standardized Algebra I EOC assessment, the student
   72  must be enrolled in and complete an intensive remedial course
   73  the following year or be placed in a content area course that
   74  includes remediation of skills not acquired by the student.
   75         Section 5. Paragraph (a) of subsection (1) of section
   76  1003.4285, Florida Statutes, is amended to read:
   77         1003.4285 Standard high school diploma designations.—
   78         (1) Each standard high school diploma shall include, as
   79  applicable, the following designations if the student meets the
   80  criteria set forth for the designation:
   81         (a) Scholar designation.—In addition to the requirements of
   82  s. 1003.4282, in order to earn the Scholar designation, a
   83  student must satisfy the following requirements:
   84         1. English Language Arts (ELA).—Beginning with students
   85  entering grade 9 in the 2014-2015 school year, pass the
   86  statewide, standardized grade 11 ELA assessment.
   87         1.2. Mathematics.—Earn one credit in Algebra II and one
   88  credit in statistics or an equally rigorous course. Beginning
   89  with students entering grade 9 in the 2014-2015 school year,
   90  pass the Algebra II and Geometry statewide, standardized
   91  assessments.
   92         2.3. Science.—Pass the statewide, standardized Biology I
   93  EOC assessment and earn one credit in chemistry or physics and
   94  one credit in a course equally rigorous to chemistry or physics.
   95  However, a student enrolled in an Advanced Placement (AP),
   96  International Baccalaureate (IB), or Advanced International
   97  Certificate of Education (AICE) Biology course who takes the
   98  respective AP, IB, or AICE Biology assessment and earns the
   99  minimum score necessary to earn college credit as identified
  100  pursuant to s. 1007.27(2) meets the requirement of this
  101  subparagraph without having to take the statewide, standardized
  102  Biology I EOC assessment.
  103         3.4. Social studies.—Pass the statewide, standardized
  104  United States History EOC assessment. However, a student
  105  enrolled in an AP, IB, or AICE course that includes United
  106  States History topics who takes the respective AP, IB, or AICE
  107  assessment and earns the minimum score necessary to earn college
  108  credit as identified pursuant to s. 1007.27(2) meets the
  109  requirement of this subparagraph without having to take the
  110  statewide, standardized United States History EOC assessment.
  111         4.5. Foreign language.—Earn two credits in the same foreign
  112  language.
  113         5.6. Electives.—Earn at least one credit in an Advanced
  114  Placement, an International Baccalaureate, an Advanced
  115  International Certificate of Education, or a dual enrollment
  116  course.
  117         Section 6. Paragraph (k) of subsection (2) of section
  118  1003.621, Florida Statutes, is redesignated as paragraph (l),
  119  and a new paragraph (k) is added to that subsection, to read:
  120         1003.621 Academically high-performing school districts.—It
  121  is the intent of the Legislature to recognize and reward school
  122  districts that demonstrate the ability to consistently maintain
  123  or improve their high-performing status. The purpose of this
  124  section is to provide high-performing school districts with
  125  flexibility in meeting the specific requirements in statute and
  126  rules of the State Board of Education.
  127         (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically
  128  high-performing school district shall comply with all of the
  129  provisions in chapters 1000-1013, and rules of the State Board
  130  of Education which implement these provisions, pertaining to the
  131  following:
  132         (k) Section 1001.42(4)(f), relating to the uniform opening
  133  date of public schools.
  134         Section 7. Subsections (1), (3), (4), and (6) of section
  135  1008.22, Florida Statutes, are amended, subsections (7) through
  136  (11) are redesignated as subsections (8) through (12),
  137  respectively, and a new subsection (7) is added to that section,
  138  to read:
  139         1008.22 Student assessment program for public schools.—
  140         (1) PURPOSE.—The primary purpose of the student assessment
  141  program is to provide student academic achievement and learning
  142  gains data to students, parents, teachers, school
  143  administrators, and school district staff. This data is to be
  144  used by districts to improve instruction; by students, parents,
  145  and teachers to guide learning objectives; by education
  146  researchers to assess national and international education
  147  comparison data; and by the public to assess the cost benefit of
  148  the expenditure of taxpayer dollars. The program must be
  149  designed to:
  150         (f) When available, provide instructional personnel with
  151  information on student achievement of standards and benchmarks
  152  in order to improve instruction.
  153         (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The
  154  Commissioner of Education shall design and implement a
  155  statewide, standardized assessment program aligned to the core
  156  curricular content established in the Next Generation Sunshine
  157  State Standards. The commissioner also must develop or select
  158  and implement a common battery of assessment tools that will be
  159  used in all juvenile justice education programs in the state.
  160  These tools must accurately measure the core curricular content
  161  established in the Next Generation Sunshine State Standards.
  162  Participation in the assessment program is mandatory for all
  163  school districts and all students attending public schools,
  164  including adult students seeking a standard high school diploma
  165  under s. 1003.4282 and students in Department of Juvenile
  166  Justice education programs, except as otherwise provided by law.
  167  If a student does not participate in the assessment program, the
  168  school district must notify the student’s parent and provide the
  169  parent with information regarding the implications of such
  170  nonparticipation. The statewide, standardized assessment program
  171  shall be designed and implemented as follows:
  172         (a) Statewide, standardized comprehensive assessments.—The
  173  statewide, standardized Reading assessment shall be administered
  174  annually in grades 3 through 10. The statewide, standardized
  175  Writing assessment shall be administered annually at least once
  176  at the elementary, middle, and high school levels. When the
  177  Reading and Writing assessments are replaced by English Language
  178  Arts (ELA) assessments, ELA assessments shall be administered to
  179  students in grades 3 through 10 11. Retake opportunities for the
  180  grade 10 Reading assessment or, upon implementation, the grade
  181  10 ELA assessment must be provided. Students taking the ELA
  182  assessments shall not take the statewide, standardized
  183  assessments in Reading or Writing. ELA assessments shall be
  184  administered online. The statewide, standardized Mathematics
  185  assessments shall be administered annually in grades 3 through
  186  8. Students taking a revised Mathematics assessment shall not
  187  take the discontinued assessment. The statewide, standardized
  188  Science assessment shall be administered annually at least once
  189  at the elementary and middle grades levels. In order to earn a
  190  standard high school diploma, a student who has not earned a
  191  passing score on the grade 10 Reading assessment or, upon
  192  implementation, the grade 10 ELA assessment must earn a passing
  193  score on the assessment retake or earn a concordant score as
  194  authorized under subsection (8) (7).
  195         (b) End-of-course (EOC) assessments.—EOC assessments must
  196  be statewide, standardized, and developed or approved by the
  197  Department of Education as follows:
  198         1. EOC assessments for Algebra I, Geometry, Algebra II,
  199  Biology I, United States History, and Civics shall be
  200  administered to students enrolled in such courses as specified
  201  in the course code directory Statewide, standardized EOC
  202  assessments in mathematics shall be administered according to
  203  this subparagraph. Beginning with the 2010-2011 school year, all
  204  students enrolled in Algebra I must take the Algebra I EOC
  205  assessment. Except as otherwise provided in paragraph (c),
  206  beginning with students entering grade 9 in the 2011-2012 school
  207  year, a student who is enrolled in Algebra I must earn a passing
  208  score on the Algebra I EOC assessment or attain a comparative
  209  score as authorized under subsection (8) in order to earn a
  210  standard high school diploma. In order to earn a standard high
  211  school diploma, a student who has not earned a passing score on
  212  the Algebra I EOC assessment must earn a passing score on the
  213  assessment retake or a comparative score as authorized under
  214  subsection (8). Beginning with the 2011-2012 school year, all
  215  students enrolled in Geometry must take the Geometry EOC
  216  assessment. Middle grades students enrolled in Algebra I,
  217  Geometry, or Biology I must take the statewide, standardized EOC
  218  assessment for those courses and shall not take the
  219  corresponding subject and grade-level statewide, standardized
  220  assessment. When a statewide, standardized EOC assessment in
  221  Algebra II is administered, all students enrolled in Algebra II
  222  must take the EOC assessment. Pursuant to the commissioner’s
  223  implementation schedule, student performance on the Algebra II
  224  EOC assessment constitutes 30 percent of a student’s final
  225  course grade.
  226         2. Statewide, standardized EOC assessments in science shall
  227  be administered according to this subparagraph. Beginning with
  228  the 2011-2012 school year, all students enrolled in Biology I
  229  must take the Biology I EOC assessment. Beginning with students
  230  entering grade 9 in the 2013-2014 school year, performance on
  231  the Biology I EOC assessment constitutes 30 percent of the
  232  student’s final course grade.
  233         2.3.Students enrolled in a course, as specified in the
  234  course code directory, with an associated statewide,
  235  standardized EOC assessment must take the EOC assessment for
  236  such course and may not take the corresponding subject or grade
  237  level statewide, standardized assessment pursuant to paragraph
  238  (a). Sections 1003.4156 and 1003.4282 govern the use of
  239  statewide, standardized EOC assessment results for students
  240  Beginning with the 2013-2014 school year, each student’s
  241  performance on the statewide, standardized middle grades Civics
  242  EOC assessment constitutes 30 percent of the student’s final
  243  course grade in civics education.
  244         3.4. The commissioner may select one or more nationally
  245  developed comprehensive examinations, which may include
  246  examinations for a College Board Advanced Placement course,
  247  International Baccalaureate course, or Advanced International
  248  Certificate of Education course, or industry-approved
  249  examinations to earn national industry certifications identified
  250  in the Industry Certification Funding List, for use as EOC
  251  assessments under this paragraph if the commissioner determines
  252  that the content knowledge and skills assessed by the
  253  examinations meet or exceed the grade-level expectations for the
  254  core curricular content established for the course in the Next
  255  Generation Sunshine State Standards. Use of any such examination
  256  as an EOC assessment must be approved by the state board in
  257  rule.
  258         4.5. Contingent upon funding provided in the General
  259  Appropriations Act, including the appropriation of funds
  260  received through federal grants, the commissioner may establish
  261  an implementation schedule for the development and
  262  administration of additional statewide, standardized EOC
  263  assessments that must be approved by the state board in rule. If
  264  approved by the state board, student performance on such
  265  assessments constitutes 30 percent of a student’s final course
  266  grade.
  267         5.6. All statewide, standardized EOC assessments must be
  268  administered online except as otherwise provided in paragraph
  269  (c).
  270         (c) Students with disabilities; Florida Alternate
  271  Assessment.—
  272         1. Each district school board must provide instruction to
  273  prepare students with disabilities in the core content knowledge
  274  and skills necessary for successful grade-to-grade progression
  275  and high school graduation.
  276         2. A student with a disability, as defined in s. 1007.02,
  277  for whom the individual education plan (IEP) team determines
  278  that the statewide, standardized assessments under this section
  279  cannot accurately measure the student’s abilities, taking into
  280  consideration all allowable accommodations, shall have
  281  assessment results waived for the purpose of receiving a course
  282  grade and a standard high school diploma. Such waiver shall be
  283  designated on the student’s transcript. The statement of waiver
  284  shall be limited to a statement that performance on an
  285  assessment was waived for the purpose of receiving a course
  286  grade or a standard high school diploma, as applicable.
  287         3. The State Board of Education shall adopt rules, based
  288  upon recommendations of the commissioner, for the provision of
  289  assessment accommodations for students with disabilities and for
  290  students who have limited English proficiency.
  291         a. Accommodations that negate the validity of a statewide,
  292  standardized assessment are not allowed during the
  293  administration of the assessment. However, instructional
  294  accommodations are allowed in the classroom if identified in a
  295  student’s IEP. Students using instructional accommodations in
  296  the classroom that are not allowed on a statewide, standardized
  297  assessment may have assessment results waived if the IEP team
  298  determines that the assessment cannot accurately measure the
  299  student’s abilities.
  300         b. If a student is provided with instructional
  301  accommodations in the classroom that are not allowed as
  302  accommodations for statewide, standardized assessments, the
  303  district must inform the parent in writing and provide the
  304  parent with information regarding the impact on the student’s
  305  ability to meet expected performance levels. A parent must
  306  provide signed consent for a student to receive classroom
  307  instructional accommodations that would not be available or
  308  permitted on a statewide, standardized assessment and
  309  acknowledge in writing that he or she understands the
  310  implications of such instructional accommodations.
  311         c. If a student’s IEP states that online administration of
  312  a statewide, standardized assessment will significantly impair
  313  the student’s ability to perform, the assessment shall be
  314  administered in hard copy.
  315         4. For students with significant cognitive disabilities,
  316  the Department of Education shall provide for implementation of
  317  the Florida Alternate Assessment to accurately measure the core
  318  curricular content established in the Next Generation Sunshine
  319  State Standards.
  320         (d) Implementation schedule.—
  321         1. The Commissioner of Education shall establish and
  322  publish on the department’s website an implementation schedule
  323  to transition from the statewide, standardized Reading and
  324  Writing assessments to the ELA assessments and to the revised
  325  Mathematics assessments, including the Algebra I and Geometry
  326  EOC assessments. The schedule must take into consideration
  327  funding, sufficient field and baseline data, access to
  328  assessments, instructional alignment, and school district
  329  readiness to administer the assessments online. All such
  330  assessments must be delivered through computer-based testing,
  331  however, the following assessments must be delivered in a
  332  computer-based format, as follows: the grade 3 ELA assessment,
  333  beginning in the 2017-2018 school year; the grade 3 mathematics
  334  assessment beginning in the 2016-2017 school year; the grade 4
  335  ELA assessment, beginning in the 2015-2016 school year; and the
  336  grade 4 mathematics assessment, beginning in the 2016-2017
  337  school year.
  338         2. The Department of Education shall publish minimum and
  339  recommended technology requirements that include specifications
  340  for hardware, software, networking, security, and broadband
  341  capacity to facilitate school district compliance with the
  342  requirement that assessments be administered online.
  343         (e) Assessment scores and achievement levels.—
  344         1. All statewide, standardized EOC assessments and ELA,
  345  mathematics Reading, Writing, and Science assessments shall use
  346  scaled scores and achievement levels. Achievement levels shall
  347  range from 1 through 5, with level 1 being the lowest
  348  achievement level, level 5 being the highest achievement level,
  349  and level 3 indicating satisfactory performance on an
  350  assessment. For purposes of the statewide, standardized Writing
  351  assessment, student achievement shall be scored using a scale of
  352  1 through 6.
  353         2. The state board shall designate by rule a passing score
  354  for each statewide, standardized assessment.
  355         3. If the commissioner seeks to revise a statewide,
  356  standardized assessment and the revisions require the state
  357  board to modify performance level scores, including the passing
  358  score, the commissioner shall provide a copy of the proposed
  359  scores and implementation plan to the President of the Senate
  360  and the Speaker of the House of Representatives at least 90 days
  361  before submission to the state board for review. Until the state
  362  board adopts the modifications by rule, the commissioner shall
  363  use calculations for scoring the assessment that adjust student
  364  scores on the revised assessment for statistical equivalence to
  365  student scores on the former assessment. The state board shall
  366  adopt by rule the passing score for the revised assessment that
  367  is statistically equivalent to the passing score on the
  368  discontinued assessment for a student who is required to attain
  369  a passing score on the discontinued assessment. The commissioner
  370  may, with approval of the state board, discontinue
  371  administration of the former assessment upon the graduation,
  372  based on normal student progression, of students participating
  373  in the final regular administration of the former assessment. If
  374  the commissioner revises a statewide, standardized assessment
  375  and the revisions require the state board to modify the passing
  376  score, only students taking the assessment for the first time
  377  after the rule is adopted are affected.
  378         (f) Assessment schedules and reporting of results.—The
  379  Commissioner of Education shall establish schedules for the
  380  administration of assessments and the reporting of student
  381  assessment results. The commissioner shall consider the
  382  observance of religious and school holidays when developing the
  383  schedule. By August 1 of each year, the commissioner shall
  384  notify each school district in writing and publish on the
  385  department’s website the assessment and reporting schedules for,
  386  at a minimum, the school year following the upcoming school
  387  year. The assessment and reporting schedules must provide the
  388  earliest possible reporting of student assessment results to the
  389  school districts. Assessment results for the statewide,
  390  standardized Reading assessments, or upon implementation the ELA
  391  assessments, and Mathematics assessments, including the EOC
  392  assessments in Algebra I and Geometry, must be made available no
  393  later than the week of June 8. The administration of the
  394  statewide, standardized Writing assessment and the Florida
  395  Alternate Assessment may be no earlier than the week of March 1.
  396  School districts shall administer assessments in accordance with
  397  the schedule established by the commissioner.
  398         (f)(g)Prohibited activities.—A district school board shall
  399  prohibit each public school from suspending a regular program of
  400  curricula for purposes of administering practice assessments or
  401  engaging in other assessment-preparation activities for a
  402  statewide, standardized assessment. However, a district school
  403  board may authorize a public school to engage in the following
  404  assessment-preparation activities:
  405         1. Distributing to students sample assessment books and
  406  answer keys published by the Department of Education.
  407         2. Providing individualized instruction in assessment
  408  taking strategies, without suspending the school’s regular
  409  program of curricula, for a student who scores Level 1 or Level
  410  2 on a prior administration of an assessment.
  411         3. Providing individualized instruction in the content
  412  knowledge and skills assessed, without suspending the school’s
  413  regular program of curricula, for a student who scores Level 1
  414  or Level 2 on a prior administration of an assessment or a
  415  student who, through a diagnostic assessment administered by the
  416  school district, is identified as having a deficiency in the
  417  content knowledge and skills assessed.
  418         4. Administering a practice assessment or engaging in other
  419  assessment-preparation activities that are determined necessary
  420  to familiarize students with the organization of the assessment,
  421  the format of assessment items, and the assessment directions or
  422  that are otherwise necessary for the valid and reliable
  423  administration of the assessment, as set forth in rules adopted
  424  by the State Board of Education with specific reference to this
  425  paragraph.
  426         (g)(h)Contracts for assessments.—
  427         1. The commissioner shall provide for the assessments to be
  428  developed or obtained, as appropriate, through contracts and
  429  project agreements with private vendors, public vendors, public
  430  agencies, postsecondary educational institutions, or school
  431  districts. The commissioner may enter into contracts for the
  432  continued administration of the assessments authorized and
  433  funded by the Legislature. Contracts may be initiated in 1
  434  fiscal year and continue into the next fiscal year and may be
  435  paid from the appropriations of either or both fiscal years. The
  436  commissioner may negotiate for the sale or lease of tests,
  437  scoring protocols, test scoring services, and related materials
  438  developed pursuant to law.
  439         2. A student’s performance results on statewide,
  440  standardized assessments, EOC assessments, and Florida
  441  Alternative Assessments administered pursuant to this subsection
  442  must be provided to the student’s teachers and parents by the
  443  end of the school year, unless the commissioner determines that
  444  extenuating circumstances exist and reports the extenuating
  445  circumstances to the State Board of Education. This subparagraph
  446  does not apply to existing contracts for such assessments, but
  447  shall apply to new contracts and any renewal of existing
  448  contracts for such assessments.
  449         3. If liquidated damages are applicable, the department
  450  shall collect liquidated damages that are due in response to the
  451  administration of the spring 2015 computer-based assessments of
  452  the department’s Florida Standards Assessment contract with
  453  American Institutes for Research, and expend the funds to
  454  reimburse parties that incurred damages.
  455         (4) SCHOOL PARTICIPATION IN THE STATEWIDE, STANDARDIZED
  456  ASSESSMENT PROGRAM PROGRAMS.—Each public school shall
  457  participate in the statewide, standardized assessment program in
  458  accordance with the assessment and reporting schedules and the
  459  minimum and recommended technology requirements published by the
  460  Commissioner of Education. District school boards shall not
  461  establish school calendars that conflict with or jeopardize
  462  implementation of the assessment program. All district school
  463  boards shall report assessment results using as required by the
  464  state management information system. Performance data shall be
  465  analyzed and reported to parents, the community, and the state.
  466  Student performance data shall be used by districts in
  467  developing objectives for the school improvement plan,
  468  evaluating instructional personnel and administrative personnel,
  469  assigning staff, allocating resources, acquiring instructional
  470  materials and technology, implementing performance-based
  471  budgeting, and promoting and assigning students to educational
  472  programs. The analysis of student performance data must also
  473  identify strengths and needs in the educational program and
  474  trends over time. The analysis must be used in conjunction with
  475  the budgetary planning processes developed pursuant to s.
  476  1008.385 and the development of remediation programs.
  477         (6) LOCAL ASSESSMENT OF STUDENT PERFORMANCE ON STATE
  478  STANDARDS ASSESSMENTS.—
  479         (a) Measurement of student performance is the
  480  responsibility of school districts in all subjects and grade
  481  levels, except in those subjects and grade levels measured under
  482  the statewide, standardized assessment program described in this
  483  section, is the responsibility of the school districts. When
  484  available, instructional personnel must be provided with
  485  information on student achievement of standards and benchmarks
  486  in order to improve instruction.
  487         (b) Except for those subjects and grade levels measured
  488  under the statewide, standardized assessment program, beginning
  489  with the 2014-2015 school year, each school district shall
  490  administer for each course offered in the district a local
  491  assessment that measures student mastery of course content at
  492  the necessary level of rigor for the course. As adopted pursuant
  493  to State Board of Education rule, course content is set forth in
  494  the state standards required by s. 1003.41 and in the course
  495  description. Local assessments may include:
  496         1. Statewide assessments.
  497         2. Other standardized assessments, including nationally
  498  recognized standardized assessments.
  499         3. Industry certification assessments.
  500         4. District-developed or district-selected end-of-course
  501  assessments.
  502         5. Teacher-selected or principal-selected assessments.
  503         (c) Each district school board must adopt policies for
  504  selection, development, administration, and scoring of local
  505  assessments and for collection of assessment results. Local
  506  assessments implemented under subparagraphs (b)4. and 5. may
  507  include a variety of assessment formats, including, but not
  508  limited to, project-based assessments, adjudicated performances,
  509  and practical application assignments. For all English Language
  510  Arts, mathematics, science, and social studies courses offered
  511  in the district that are used to meet graduation requirements
  512  under s. 1002.3105, s. 1003.4281, or s. 1003.4282 and that are
  513  not otherwise assessed by statewide, standardized assessments,
  514  the district school board must select the assessments described
  515  in subparagraphs (b)1.-4.
  516         (b)(d) The Commissioner of Education shall identify methods
  517  to assist and support districts in measuring student performance
  518  on the state standards by maintaining a statewide the
  519  development and acquisition of assessments required under this
  520  subsection. Methods may include developing item bank banks,
  521  facilitating the sharing of developed tests or test items among
  522  school districts, acquiring assessments from state and national
  523  curriculum-area organizations, and providing technical
  524  assistance in best assessment professional practices. The
  525  commissioner may discontinue the item bank if he or she
  526  determines that district participation is insufficient for its
  527  sustainability of test development based upon state-adopted
  528  curriculum standards, administration, and security.
  529         (e) Each school district shall establish schedules for the
  530  administration of any district-mandated assessment and approve
  531  the schedules as an agenda item at a district school board
  532  meeting. The school district shall publish the testing schedules
  533  on its website, clearly specifying the district-mandated
  534  assessments, and report the schedules to the Department of
  535  Education by October 1 of each year.
  536         (7) ASSESSMENT SCHEDULES AND REPORTING OF RESULTS.—
  537         (a) The Commissioner of Education shall establish schedules
  538  for the administration of statewide, standardized assessments
  539  and the reporting of student assessment results. The
  540  commissioner shall consider the observance of religious and
  541  school holidays when developing the schedules. The assessment
  542  and reporting schedules must provide the earliest possible
  543  reporting of student assessment results to the school districts,
  544  consistent with the requirements of paragraph (3)(g). Assessment
  545  results for the statewide, standardized ELA and mathematics
  546  assessments and all statewide, standardized EOC assessments must
  547  be made available no later than the week of June 8, except for
  548  results of assessments administered in the 2014-2015 school
  549  year. School districts shall administer statewide, standardized
  550  assessments in accordance with the schedule established by the
  551  commissioner.
  552         (b) By August of each year, beginning in 2016, the
  553  commissioner shall publish on the department’s website a uniform
  554  calendar that includes the assessment and reporting schedules
  555  for, at a minimum, the next 2 school years. The uniform calendar
  556  must be provided to school districts in an electronic format
  557  that allows each school district and public school to populate
  558  the calendar with, at minimum, the following information for
  559  reporting the district assessment schedules under paragraph (c):
  560         1. Whether the assessment is a district-required assessment
  561  or a state-required assessment.
  562         2. The specific date or dates that each assessment will be
  563  administered.
  564         3. The time allotted to administer each assessment.
  565         4. Whether the assessment is a computer-based assessment or
  566  a paper-based assessment.
  567         5. The grade level or subject area associated with the
  568  assessment.
  569         6. The date that the assessment results are expected to be
  570  available to teachers and parents.
  571         7. The type of assessment, the purpose of the assessment,
  572  and the use of the assessment results.
  573         8. A glossary of assessment terminology.
  574         9. Estimates of average time for administering state
  575  required and district-required assessments, by grade level.
  576         (c) Each school district shall establish schedules for the
  577  administration of any statewide, standardized assessments and
  578  district-required assessments and approve the schedules as an
  579  agenda item at a district school board meeting. Each school
  580  district shall publish the testing schedules on its website
  581  using the uniform calendar, including all information required
  582  under paragraph (b), and submit the schedules to the Department
  583  of Education by October 1 of each year. Each public school shall
  584  publish schedules for statewide, standardized assessments and
  585  district-required assessments on its website using the uniform
  586  calendar, including all information required under paragraph
  587  (b). The uniform calendar must be included in the parent guide
  588  required by s. 1002.23(5).
  589         (d) A school district may not schedule more than 5 percent
  590  of a student’s total school hours in a school year to administer
  591  statewide, standardized assessments and district-required local
  592  assessments. The district must secure written consent from a
  593  student’s parent before administering district-required local
  594  assessments that, after applicable statewide, standardized are
  595  scheduled, exceed the 5 percent test administration limit for
  596  that student under this paragraph. The 5 percent test
  597  administration limit for a student under this paragraph may be
  598  exceeded as needed to provide test accommodations that are
  599  required by an IEP or are appropriate for an English language
  600  learner who is currently receiving services in a program
  601  operated in accordance with an approved English language learner
  602  district plan pursuant to s. 1003.56. Notwithstanding this
  603  paragraph, a student may choose within a school year to take an
  604  examination or assessment adopted by State Board of Education
  605  rule pursuant to this section and ss. 1007.27, 1008.30, and
  606  1008.44.
  607         (e) A statewide, standardized EOC assessment must be used
  608  as the final cumulative examination for its associated course.
  609  No additional final assessment may be administered in a course
  610  with a statewide, standardized EOC assessment. A district
  611  required local assessment may be used as the final cumulative
  612  examination for its associated course in accordance with the
  613  school district’s policy.
  614         (f) A school district must provide a student’s performance
  615  results on district-required local assessments to the student’s
  616  teachers and parents no later than 30 days after administering
  617  such assessments, unless the superintendent determines in
  618  writing that extenuating circumstances exist and reports the
  619  extenuating circumstances to the district school board.
  620         (g) The State Board of Education shall adopt rules for the
  621  development of the uniform calendar that, at minimum, define
  622  terms that must be used in the calendar to describe various
  623  assessments, including the terms “summative assessment,”
  624  “formative assessment,” and “interim assessment.”
  625         Section 8. Subsection (3) of section 1008.24, Florida
  626  Statutes, is amended to read:
  627         1008.24 Test administration and security; public records
  628  exemption.—
  629         (3)(a) A school district may contract with qualified
  630  contractors to administer and proctor statewide, standardized
  631  assessments required under s. 1008.22 or assessments associated
  632  with Florida approved courses under s. 1003.499, as approved by
  633  the Department of Education in accordance with rules of the
  634  State Board of Education. Assessments may be administered or
  635  proctored by qualified contractors at sites that meet criteria
  636  established by rules of the State Board of Education and adopted
  637  pursuant to ss. 120.536(1) and 120.54 to implement the
  638  contracting requirements of this subsection.
  639         (b) A school district may use district employees, such as
  640  education paraprofessionals as described in s. 1012.37, to
  641  administer and proctor statewide, standardized assessments
  642  required under s. 1008.22 or assessments associated with Florida
  643  approved courses under s. 1003.499, in accordance with this
  644  section and related rules adopted by the State Board of
  645  Education. The rules must establish training requirements that
  646  must be successfully completed by district employees prior to
  647  the employees performing duties pursuant this paragraph.
  648         Section 9. Section 1008.25, Florida Statutes, is amended to
  649  read:
  650         1008.25 Public school student progression; student support
  651  remedial instruction; reporting requirements.—
  652         (1) INTENT.—It is the intent of the Legislature that each
  653  student’s progression from one grade to another be determined,
  654  in part, upon satisfactory performance in English Language arts,
  655  social studies, reading, writing, science, and mathematics; that
  656  district school board policies facilitate student achievement;
  657  that each student and his or her parent be informed of that
  658  student’s academic progress; and that students have access to
  659  educational options that provide academically challenging
  660  coursework or accelerated instruction pursuant to s. 1002.3105.
  661         (2) COMPREHENSIVE STUDENT PROGRESSION PLAN.—Each district
  662  school board shall establish a comprehensive plan for student
  663  progression which must provide for a student’s progression from
  664  one grade to another based on the student’s mastery of the
  665  standards in s. 1003.41, specifically English language arts,
  666  mathematics, science, and social studies standards. The plan
  667  must:
  668         (a) Include criteria that emphasizes student reading
  669  proficiency in kindergarten through grade 3 and provide targeted
  670  instructional support for students with identified deficiencies
  671  in English language arts, mathematics, science, and social
  672  studies. High schools shall use all available assessment
  673  results, including the results of statewide, standardized
  674  English Language Arts assessments and end-of-course assessments
  675  for Algebra I and Geometry, to advise students of any identified
  676  deficiencies and to provide appropriate postsecondary
  677  preparatory instruction before high school graduation. The
  678  results of evaluations used to monitor a student’s progress in
  679  grades K-12 must be provided to the student’s teacher in a
  680  timely manner and as otherwise required by law. Thereafter,
  681  evaluation results must be provided to the student’s parent in a
  682  timely manner. When available, instructional personnel must be
  683  provided with information on student achievement of standards
  684  and benchmarks in order to improve instruction.
  685         (a) Provide standards for evaluating each student’s
  686  performance, including how well he or she masters the
  687  performance standards approved by the State Board of Education.
  688         (b) Provide specific levels of performance in reading,
  689  writing, science, and mathematics for each grade level,
  690  including the levels of performance on statewide assessments as
  691  defined by the commissioner, below which a student must receive
  692  remediation or be retained within an intensive program that is
  693  different from the previous year’s program and that takes into
  694  account the student’s learning style.
  695         (c) Provide appropriate alternative placement for a student
  696  who has been retained 2 or more years.
  697         (b)(d)1. List the student eligibility and procedural
  698  requirements established by the school district for whole-grade
  699  promotion, midyear promotion, and subject-matter acceleration
  700  that would result in a student attending a different school,
  701  pursuant to s. 1002.3105(2)(b).
  702         2. Notify parents and students of the school district’s
  703  process by which a parent may request student participation in
  704  whole-grade promotion, midyear promotion, or subject-matter
  705  acceleration that would result in a student attending a
  706  different school, pursuant to s. 1002.3105(4)(b)2.
  707         (c)(e)1. Advise parents and students that additional ACCEL
  708  options may be available at the student’s school, pursuant to s.
  709  1002.3105.
  710         2. Advise parents and students to contact the principal at
  711  the student’s school for information related to student
  712  eligibility requirements for whole-grade promotion, midyear
  713  promotion, and subject-matter acceleration when the promotion or
  714  acceleration occurs within the principal’s school; virtual
  715  instruction in higher grade level subjects; and any other ACCEL
  716  options offered by the principal, pursuant to s.
  717  1002.3105(2)(a).
  718         3. Advise parents and students to contact the principal at
  719  the student’s school for information related to the school’s
  720  process by which a parent may request student participation in
  721  whole-grade promotion, midyear promotion, and subject-matter
  722  acceleration when the promotion or acceleration occurs within
  723  the principal’s school; virtual instruction in higher grade
  724  level subjects; and any other ACCEL options offered by the
  725  principal, pursuant to s. 1002.3105(4)(b)1.
  726         (d)(f) Advise parents and students of the early graduation
  727  options under s. 1003.4281.
  728         (e)(g) List, or incorporate by reference, all dual
  729  enrollment courses contained within the dual enrollment
  730  articulation agreement established pursuant to s. 1007.271(21).
  731         (f)(h) Provide instructional sequences by which students in
  732  kindergarten through high school may attain progressively higher
  733  levels of skill in the use of digital tools and applications.
  734  The instructional sequences must include participation in
  735  curricular and instructional options and the demonstration of
  736  competence of standards required pursuant to ss. 1003.41 and
  737  1003.4203 through attainment of industry certifications and
  738  other means of demonstrating credit requirements identified
  739  under ss. 1002.3105, 1003.4203, and 1003.4282.
  740         (3) ALLOCATION OF RESOURCES.—District school boards shall
  741  allocate remedial and supplemental instruction resources to
  742  students in the following priority:
  743         (a) Students who are deficient in reading by the end of
  744  grade 3.
  745         (b) Students who fail to meet performance levels required
  746  for promotion consistent with the district school board’s plan
  747  for student progression required in paragraph (2)(b).
  748         (4) ASSESSMENT AND SUPPORT REMEDIATION.—
  749         (a) Each student must participate in the statewide,
  750  standardized assessment program required by s. 1008.22. Each
  751  student who does not achieve a meet specific levels of
  752  performance on the required assessments as determined by the
  753  district school board or who scores below Level 3 or above on
  754  the statewide, standardized Reading assessment or, upon
  755  implementation, the English Language Arts assessment, or on the
  756  statewide, standardized Mathematics assessment, or assessments
  757  in grades 3 through 8 and the Algebra I EOC assessment must be
  758  evaluated provided with additional diagnostic assessments to
  759  determine the nature of the student’s difficulty, the areas of
  760  academic need, and strategies for providing academic supports to
  761  improve the student’s performance appropriate intervention and
  762  instruction as described in paragraph (b).
  763         (b) The school in which the student is enrolled must
  764  develop, in consultation with the student’s parent, and must
  765  implement a progress monitoring plan. A progress monitoring plan
  766  is intended to provide the school district and the school
  767  flexibility in meeting the academic needs of the student and to
  768  reduce paperwork. A student who is not meeting the school
  769  district or state requirements for satisfactory performance in
  770  English Language Arts and mathematics must proficiency in
  771  reading and mathematics shall be covered by one of the following
  772  plans to target instruction and identify ways to improve his or
  773  her academic achievement:
  774         1. A federally required student plan such as an individual
  775  education plan;
  776         2. A schoolwide system of progress monitoring for all
  777  students, except a student who scores Level 4 or above on the
  778  English Language Arts and mathematics assessments may be
  779  exempted from participation by the principal; or
  780         3. An individualized progress monitoring plan.
  781  
  782  The plan chosen must be designed to assist the student or the
  783  school in meeting state and district expectations for
  784  proficiency. If the student has been identified as having a
  785  deficiency in reading, the K-12 comprehensive reading plan
  786  required by s. 1011.62(9) shall include instructional and
  787  support services to be provided to meet the desired levels of
  788  performance. District school boards may require low-performing
  789  students to attend remediation programs held before or after
  790  regular school hours or during the summer if transportation is
  791  provided.
  792         (c) Upon subsequent evaluation, if the documented
  793  deficiency has not been remediated, the student may be retained.
  794  Each student who does not meet the minimum performance
  795  expectations defined by the Commissioner of Education for the
  796  statewide assessment tests in reading, writing, science, and
  797  mathematics must continue to be provided with remedial or
  798  supplemental instruction until the expectations are met or the
  799  student graduates from high school or is not subject to
  800  compulsory school attendance.
  801         (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
  802         (a) Any student who exhibits a substantial deficiency in
  803  reading, based upon locally determined or statewide assessments
  804  conducted in kindergarten or grade 1, grade 2, or grade 3, or
  805  through teacher observations, must be given intensive reading
  806  instruction immediately following the identification of the
  807  reading deficiency. The student’s reading proficiency must be
  808  monitored and the intensive instruction must continue until the
  809  student demonstrates grade level proficiency in a manner
  810  determined by the district, which may include achieving a Level
  811  3 on the statewide, standardized English Language Arts
  812  assessment reassessed by locally determined assessments or
  813  through teacher observations at the beginning of the grade
  814  following the intensive reading instruction. The student must
  815  continue to be provided with intensive reading instruction until
  816  the reading deficiency is remedied.
  817         (b) To be promoted to grade 4, a student must score a Level
  818  2 or higher on the statewide, standardized English Language Arts
  819  assessment required under s. 1008.22 for grade 3. If a student’s
  820  reading deficiency is not remedied by the end of grade 3, as
  821  demonstrated by scoring Level 2 or higher on the statewide,
  822  standardized assessment required under s. 1008.22 for grade 3,
  823  the student must be retained.
  824         (c) The parent of any student who exhibits a substantial
  825  deficiency in reading, as described in paragraph (a), must be
  826  notified in writing of the following:
  827         1. That his or her child has been identified as having a
  828  substantial deficiency in reading.
  829         2. A description of the current services that are provided
  830  to the child.
  831         3. A description of the proposed supplemental instructional
  832  services and supports that will be provided to the child that
  833  are designed to remediate the identified area of reading
  834  deficiency.
  835         4. That if the child’s reading deficiency is not remediated
  836  by the end of grade 3, the child must be retained unless he or
  837  she is exempt from mandatory retention for good cause.
  838         5. Strategies for parents to use in helping their child
  839  succeed in reading proficiency.
  840         6. That the statewide, standardized English Language Arts
  841  assessment Florida Comprehensive Assessment Test (FCAT) is not
  842  the sole determiner of promotion and that additional
  843  evaluations, portfolio reviews, and assessments are available to
  844  the child to assist parents and the school district in knowing
  845  when a child is reading at or above grade level and ready for
  846  grade promotion.
  847         7. The district’s specific criteria and policies for a
  848  portfolio as provided in subparagraph (6)(b)4. and the evidence
  849  required for a student to demonstrate mastery of Florida’s
  850  academic standards for English Language Arts. A parent of a
  851  student in grade 3 who is identified anytime during the year as
  852  being at risk of retention may request that the school
  853  immediately begin collecting evidence for a portfolio.
  854         8. The district’s specific criteria and policies for
  855  midyear promotion. Midyear promotion means promotion of a
  856  retained student at any time during the year of retention once
  857  the student has demonstrated ability to read at grade level.
  858         (6) ELIMINATION OF SOCIAL PROMOTION.—
  859         (a) No student may be assigned to a grade level based
  860  solely on age or other factors that constitute social promotion.
  861         (b) The district school board may only exempt students from
  862  mandatory retention, as provided in paragraph (5)(b), for good
  863  cause. A student who is promoted to grade 4 with a good cause
  864  exemption shall be provided intensive reading instruction and
  865  intervention that include specialized diagnostic information and
  866  specific reading strategies to meet the needs of each student so
  867  promoted. The school district shall assist schools and teachers
  868  with the implementation of reading strategies for students
  869  promoted with a good cause exemption which research has shown to
  870  be successful in improving reading among students who have
  871  reading difficulties. Good cause exemptions are limited to the
  872  following:
  873         1. Limited English proficient students who have had less
  874  than 2 years of instruction in an English for Speakers of Other
  875  Languages program based on the initial date of entry into a
  876  school in the United States.
  877         2. Students with disabilities whose individual education
  878  plan indicates that participation in the statewide assessment
  879  program is not appropriate, consistent with the requirements of
  880  s. 1008.212.
  881         3. Students who demonstrate an acceptable level of
  882  performance on an alternative standardized reading or English
  883  Language Arts assessment approved by the State Board of
  884  Education.
  885         4. A student who demonstrates through a student portfolio
  886  that he or she is performing at least at Level 2 on the
  887  statewide, standardized Reading assessment or, upon
  888  implementation, the English Language Arts assessment.
  889         5. Students with disabilities who take the statewide,
  890  standardized Reading assessment or, upon implementation, the
  891  English Language Arts assessment and who have an individual
  892  education plan or a Section 504 plan that reflects that the
  893  student has received intensive instruction remediation in
  894  reading or English Language Arts for more than 2 years but still
  895  demonstrates a deficiency and was previously retained in
  896  kindergarten, grade 1, grade 2, or grade 3.
  897         6. Students who have received intensive reading
  898  intervention for 2 or more years but still demonstrate a
  899  deficiency in reading and who were previously retained in
  900  kindergarten, grade 1, grade 2, or grade 3 for a total of 2
  901  years. A student may not be retained more than once in grade 3.
  902         7. Students who have received intensive remediation in
  903  reading or English Language Arts for 2 or more years but still
  904  demonstrate a deficiency and who were previously retained in
  905  kindergarten, grade 1, grade 2, or grade 3 for a total of 2
  906  years. Intensive instruction for students so promoted must
  907  include an altered instructional day that includes specialized
  908  diagnostic information and specific reading strategies for each
  909  student. The district school board shall assist schools and
  910  teachers to implement reading strategies that research has shown
  911  to be successful in improving reading among low-performing
  912  readers.
  913         (c) Requests for good cause exemptions for students from
  914  the mandatory retention requirement as described in
  915  subparagraphs (b)3. and 4. shall be made consistent with the
  916  following:
  917         1. Documentation shall be submitted from the student’s
  918  teacher to the school principal that indicates that the
  919  promotion of the student is appropriate and is based upon the
  920  student’s academic record. In order to minimize paperwork
  921  requirements, such documentation shall consist only of the
  922  existing progress monitoring plan, individual educational plan,
  923  if applicable, report card, or student portfolio.
  924         2. The school principal shall review and discuss such
  925  recommendation with the teacher and make the determination as to
  926  whether the student should be promoted or retained. If the
  927  school principal determines that the student should be promoted,
  928  the school principal shall make such recommendation in writing
  929  to the district school superintendent. The district school
  930  superintendent shall accept or reject the school principal’s
  931  recommendation in writing.
  932         (7) SUCCESSFUL PROGRESSION FOR RETAINED THIRD GRADE
  933  STUDENTS.—
  934         (a) Students retained under the provisions of paragraph
  935  (5)(b) must be provided intensive interventions in reading to
  936  ameliorate the student’s specific reading deficiency, as
  937  identified by a valid and reliable diagnostic assessment. This
  938  intensive intervention must include effective instructional
  939  strategies, participation in the school district’s summer
  940  reading camp, and appropriate teaching methodologies necessary
  941  to assist those students in becoming successful readers, able to
  942  read at or above grade level, and ready for promotion to the
  943  next grade.
  944         (b) Each school district shall:
  945         1. Provide third grade students who are retained under the
  946  provisions of paragraph (5)(b) with intensive instructional
  947  services and supports to remediate the identified areas of
  948  reading deficiency, including participation in the school
  949  district’s summer reading camp as required under paragraph (a)
  950  and a minimum of 90 minutes of daily, uninterrupted,
  951  scientifically research-based reading instruction which includes
  952  phonemic awareness, phonics, fluency, vocabulary, and
  953  comprehension and other strategies prescribed by the school
  954  district, which may include, but are not limited to:
  955         a. Integration of science and social studies content within
  956  the 90-minute block.
  957         b. Small group instruction.
  958         c. Reduced teacher-student ratios.
  959         d. More frequent progress monitoring.
  960         e. Tutoring or mentoring.
  961         f. Transition classes containing 3rd and 4th grade
  962  students.
  963         g. Extended school day, week, or year.
  964         2. Provide written notification to the parent of a student
  965  who is retained under the provisions of paragraph (5)(b) that
  966  his or her child has not met the proficiency level required for
  967  promotion and the reasons the child is not eligible for a good
  968  cause exemption as provided in paragraph (6)(b). The
  969  notification must comply with the provisions of s. 1002.20(15)
  970  and must include a description of proposed interventions and
  971  supports that will be provided to the child to remediate the
  972  identified areas of reading deficiency.
  973         3. Implement a policy for the midyear promotion of a
  974  student retained under the provisions of paragraph (5)(b) who
  975  can demonstrate that he or she is a successful and independent
  976  reader and performing at or above grade level in reading or,
  977  upon implementation of English Language Arts assessments,
  978  performing at or above grade level in English Language Arts.
  979  Tools that school districts may use in reevaluating a student
  980  retained may include subsequent assessments, alternative
  981  assessments, and portfolio reviews, in accordance with rules of
  982  the State Board of Education. Students promoted during the
  983  school year after November 1 must demonstrate proficiency levels
  984  in reading equivalent to the level necessary for the beginning
  985  of grade 4. The rules adopted by the State Board of Education
  986  must include standards that provide a reasonable expectation
  987  that the student’s progress is sufficient to master appropriate
  988  grade 4 level reading skills.
  989         4. Provide students who are retained under the provisions
  990  of paragraph (5)(b) with a highly effective teacher as
  991  determined by the teacher’s performance evaluation under s.
  992  1012.34.
  993         5. Establish at each school, when applicable, an Intensive
  994  Acceleration Class for retained grade 3 students who
  995  subsequently score Level 1 on the required statewide,
  996  standardized assessment identified in s. 1008.22. The focus of
  997  the Intensive Acceleration Class shall be to increase a child’s
  998  reading and English Language Arts skill level at least two grade
  999  levels in 1 school year. The Intensive Acceleration Class shall:
 1000         a. Be provided to a student in grade 3 who scores Level 1
 1001  on the statewide, standardized Reading assessment or, upon
 1002  implementation, the English Language Arts assessment and who was
 1003  retained in grade 3 the prior year because of scoring Level 1.
 1004         b. Have a reduced teacher-student ratio.
 1005         c. Provide uninterrupted reading instruction for the
 1006  majority of student contact time each day and incorporate
 1007  opportunities to master the grade 4 Next Generation Sunshine
 1008  State Standards in other core subject areas.
 1009         d. Use a reading program that is scientifically research
 1010  based and has proven results in accelerating student reading
 1011  achievement within the same school year.
 1012         e. Provide intensive language and vocabulary instruction
 1013  using a scientifically research-based program, including use of
 1014  a speech-language therapist.
 1015         (8) ANNUAL REPORT.—
 1016         (a) In addition to the requirements in paragraph (5)(b),
 1017  each district school board must annually report to the parent of
 1018  each student the progress of the student toward achieving state
 1019  and district expectations for proficiency in English Language
 1020  Arts, reading, writing, science, social studies, and
 1021  mathematics. The district school board must report to the parent
 1022  the student’s results on each statewide, standardized assessment
 1023  test. The evaluation of each student’s progress must be based
 1024  upon the student’s classroom work, observations, tests, district
 1025  and state assessments, and other relevant information. Progress
 1026  reporting must be provided to the parent in writing in a format
 1027  adopted by the district school board.
 1028         (b) Each district school board must annually publish on the
 1029  district website and in the local newspaper the following
 1030  information on the prior school year:
 1031         1. The provisions of this section relating to public school
 1032  student progression and the district school board’s policies and
 1033  procedures on student retention and promotion.
 1034         2. By grade, the number and percentage of all students in
 1035  grades 3 through 10 performing at Levels 1 and 2 on the
 1036  statewide, standardized English Language Arts assessment reading
 1037  portion of the FCAT.
 1038         3. By grade, the number and percentage of all students
 1039  retained in kindergarten grades 3 through grade 10.
 1040         4. Information on the total number of students who were
 1041  promoted for good cause, by each category of good cause as
 1042  specified in paragraph (6)(b).
 1043         5. Any revisions to the district school board’s policies
 1044  and procedures policy on student retention and promotion from
 1045  the prior year.
 1046         (9) RULEMAKING.—The State Board of Education shall adopt
 1047  rules pursuant to ss. 120.536(1) and 120.54 for the
 1048  administration of this section.
 1049         Section 10. Subsection (3) of section 1008.30, Florida
 1050  Statutes, is amended to read:
 1051         1008.30 Common placement testing for public postsecondary
 1052  education.—
 1053         (3) The State Board of Education shall adopt rules that
 1054  require high schools to evaluate before the beginning of grade
 1055  12 the college readiness of each student who scores Level 2 or
 1056  Level 3 on grade 10 FCAT Reading or the English Language Arts
 1057  assessment under s. 1008.22, as applicable, or Level 2, Level 3,
 1058  or Level 4 on the Algebra I assessment under s. 1008.22. High
 1059  schools shall perform this evaluation using results from the
 1060  corresponding component of the common placement test prescribed
 1061  in this section, or an alternative test identified by the State
 1062  Board of Education. The high school shall use the results of the
 1063  test to advise the students of any identified deficiencies and
 1064  to provide 12th grade students, and require them to complete,
 1065  appropriate postsecondary preparatory instruction before high
 1066  school graduation. The curriculum provided under this subsection
 1067  shall be identified in rule by the State Board of Education and
 1068  encompass Florida’s Postsecondary Readiness Competencies. Other
 1069  elective courses may not be substituted for the selected
 1070  postsecondary mathematics, reading, writing, or English Language
 1071  Arts preparatory course unless the elective course covers the
 1072  same competencies included in the postsecondary mathematics,
 1073  reading, writing, or English Language Arts preparatory course.
 1074         Section 11. Subsection (7) of section 1008.34, Florida
 1075  Statutes, is amended to read:
 1076         1008.34 School grading system; school report cards;
 1077  district grade.—
 1078         (7) TRANSITION.—School grades pursuant to this section and
 1079  school improvement ratings pursuant to s. 1008.341 for the 2013
 1080  2014 school year shall be calculated based on statutes and rules
 1081  in effect on June 30, 2014. To assist in the transition to 2014
 1082  2015 school grades and school improvement ratings, calculated
 1083  based on new statewide, standardized assessments administered
 1084  pursuant to s. 1008.22, the 2014-2015 school grades and school
 1085  improvement ratings shall serve as an informational baseline for
 1086  schools to work toward improved performance in future years.
 1087  Accordingly, notwithstanding any other provision of law:
 1088         (a) A school may not be required to select and implement a
 1089  turnaround option pursuant to s. 1008.33 in the 2015-2016 school
 1090  year based on the school’s 2014-2015 grade or school improvement
 1091  rating under s. 1008.341, as applicable. The benefits of s.
 1092  1008.33(4)(c), relating to a school being released from
 1093  implementation of the turnaround option, and s. 1008.33(4)(d),
 1094  relating to a school implementing strategies identified in its
 1095  school improvement plan, apply to a school using turnaround
 1096  options pursuant to s. 1008.33 which improves at least one
 1097  letter grade during the 2014-2015 school year.
 1098         (b)1. A school or approved provider under s. 1002.45 which
 1099  that receives the same or a lower school grade or school
 1100  improvement rating for the 2014-2015 school year compared to the
 1101  2013-2014 school year is not subject to sanctions or penalties
 1102  that would otherwise occur as a result of the 2014-2015 school
 1103  grade or rating. A charter school system or a school district
 1104  designated as high performing may not lose the designation based
 1105  on the 2014-2015 school grades of any of the schools within the
 1106  charter school system or school district, as applicable.
 1107         2. The Florida School Recognition Program established under
 1108  s. 1008.36 shall continue to be implemented as otherwise
 1109  provided in the General Appropriations Act.
 1110         (c) Until such time as an independent verification of the
 1111  psychometric validity of the statewide, standardized assessments
 1112  first implemented in 2014-2015 is provided, for purposes of
 1113  determining grade 3 English Language Arts student performance
 1114  retention pursuant to s. 1008.25(5) and high school graduation
 1115  requirements pursuant to s. 1003.4282, student performance on
 1116  the 2014-2015 statewide, standardized assessments shall be
 1117  linked to 2013-2014 student performance expectations. Students
 1118  who score in the bottom quintile on the 2014-2015 grade 3
 1119  English Language Arts assessment shall be identified as students
 1120  at risk of retention. School districts must notify parents of
 1121  such students, provide evidence as outlined in s. 1008.25(6)(b),
 1122  and provide the appropriate intervention and support services
 1123  for student success in grade 4.
 1124         (d)1. An independent verification of the psychometric
 1125  validity of the statewide, standardized assessments first
 1126  implemented in 2014-2015 must be completed before the 2014-2015
 1127  school grades results may be published and before the student
 1128  performance data resulting from such assessments may be used for
 1129  purposes of instructional personnel and school administrator
 1130  evaluations.
 1131         2. The independent entity must be selected by a panel
 1132  consisting of one member appointed by the Governor, one member
 1133  appointed by the President of the Senate, and one member
 1134  appointed by the Speaker of the House of Representatives. In
 1135  selecting the independent entity, the panel must consider, at a
 1136  minimum:
 1137         a. The national reputation and length of establishment of
 1138  the entity;
 1139         b. The experience and expertise of the independent entity
 1140  in validating such data; and
 1141         c. The use of professional standards, codes, and guidelines
 1142  that address applicable practices in the profession, such as the
 1143  Standards for Educational and Psychological Testing.
 1144         3. The panel must select the independent entity no later
 1145  than June 1, 2015. Upon selection of the independent entity, the
 1146  Department of Education shall immediately contract with the
 1147  independent entity to perform the independent verification,
 1148  which must be completed by September 1, 2015. This paragraph is
 1149  repealed December 31, 2015.
 1150  
 1151  This subsection is repealed July 1, 2017.
 1152         Section 12. Effective July 1, 2016, subsection (6) is added
 1153  to section 1008.36, Florida Statutes, to read:
 1154         1008.36 Florida School Recognition Program.—
 1155         (6) In addition to funds provided pursuant to subsection
 1156  (4), Title I high schools that receive a school grade of “A” or
 1157  “B,” beginning with school grades for the 2015-2016 school year,
 1158  and that have a student population at least 65 percent of which
 1159  is eligible for free or reduced-price meals under the National
 1160  School Lunch Act shall receive financial awards depending on the
 1161  availability of funds appropriated and the number and size of
 1162  schools selected to receive an award.
 1163  
 1164  Notwithstanding statutory provisions to the contrary, incentive
 1165  awards are not subject to collective bargaining.
 1166         Section 13. Section 1012.34, Florida Statutes, is amended
 1167  to read:
 1168         1012.34 Personnel evaluation procedures and criteria.—
 1169         (1) EVALUATION SYSTEM APPROVAL AND REPORTING.—
 1170         (a) For the purpose of increasing student academic
 1171  performance by improving the quality of instructional,
 1172  administrative, and supervisory services in the public schools
 1173  of the state, the district school superintendent shall establish
 1174  procedures for evaluating the performance of duties and
 1175  responsibilities of all instructional, administrative, and
 1176  supervisory personnel employed by the school district. The
 1177  district school superintendent shall provide instructional
 1178  personnel the opportunity to review their class rosters for
 1179  accuracy and to correct any mistakes. The district school
 1180  superintendent shall report accurate class rosters for the
 1181  purpose of calculating district and statewide student
 1182  performance and annually report the evaluation results of
 1183  instructional personnel and school administrators to the
 1184  Department of Education in addition to the information required
 1185  under subsection (5).
 1186         (b) The department must approve each school district’s
 1187  instructional personnel and school administrator evaluation
 1188  systems. The department shall monitor each district’s
 1189  implementation of its instructional personnel and school
 1190  administrator evaluation systems for compliance with the
 1191  requirements of this section and s. 1012.3401.
 1192         (c) Annually, by February December 1, the Commissioner of
 1193  Education shall publish on the department’s website report to
 1194  the Governor, the President of the Senate, and the Speaker of
 1195  the House of Representatives the approval and implementation
 1196  status of each school district’s instructional personnel and
 1197  school administrator evaluation systems. This information must
 1198  The report shall include:
 1199         1. Performance evaluation results for the prior school year
 1200  for instructional personnel and school administrators using the
 1201  four levels of performance specified in paragraph (2)(e). The
 1202  performance evaluation results for instructional personnel shall
 1203  be disaggregated by classroom teachers, as defined in s.
 1204  1012.01(2)(a), excluding substitute teachers, and all other
 1205  instructional personnel, as defined in s. 1012.01(2)(b)–(d).
 1206         2. An analysis that compares performance evaluation results
 1207  calculated by each school district to indicators of performance
 1208  calculated by the department using the standards for performance
 1209  levels adopted by the state board under subsection (8). The
 1210  commissioner shall include in the report each district’s
 1211  performance-level standards established under subsection (7), a
 1212  comparative analysis of the district’s student academic
 1213  performance results and evaluation results,
 1214         3. Data reported under s. 1012.341, and the status of any
 1215  evaluation system revisions requested by a school district
 1216  pursuant to subsection (6).
 1217         (2) EVALUATION SYSTEM REQUIREMENTS.—The evaluation systems
 1218  for instructional personnel and school administrators must:
 1219         (a) Be designed to support effective instruction and
 1220  student learning growth, and performance evaluation results must
 1221  be used when developing district and school level improvement
 1222  plans.
 1223         (b) Provide appropriate instruments, procedures, timely
 1224  feedback, and criteria for continuous quality improvement of the
 1225  professional skills of instructional personnel and school
 1226  administrators, and performance evaluation results must be used
 1227  when identifying professional development.
 1228         (c) Include a mechanism to examine performance data from
 1229  multiple sources, including opportunities for parents to provide
 1230  input into employee performance evaluations when appropriate.
 1231         (d) Identify those teaching fields for which special
 1232  evaluation procedures and criteria are necessary.
 1233         (e) Differentiate among four levels of performance as
 1234  follows:
 1235         1. Highly effective.
 1236         2. Effective.
 1237         3. Needs improvement or, for instructional personnel in the
 1238  first 3 years of employment who need improvement, developing.
 1239         4. Unsatisfactory.
 1240  
 1241  The Commissioner of Education shall consult with experts,
 1242  instructional personnel, school administrators, and education
 1243  stakeholders in developing the criteria for the performance
 1244  levels.
 1245         (f) Provide for training and monitoring programs that are
 1246  based upon guidelines provided by the department to ensure that
 1247  all individuals with evaluation responsibilities understand the
 1248  proper use of the evaluation criteria and procedures.
 1249         (g) Include a process for monitoring and evaluating the
 1250  effective and consistent use of the evaluation criteria by
 1251  employees with evaluation responsibilities.
 1252         (h) Include a process for monitoring and evaluating the
 1253  effectiveness of the system itself in improving instruction and
 1254  student learning.
 1255  
 1256  In addition, each district school board may establish a peer
 1257  assistance process. This process may be a part of the regular
 1258  evaluation system or used to assist employees placed on
 1259  performance probation, newly hired classroom teachers, or
 1260  employees who request assistance.
 1261         (3) EVALUATION PROCEDURES AND CRITERIA.—Instructional
 1262  personnel and school administrator performance evaluations must
 1263  be based upon the performance of students assigned to their
 1264  classrooms or schools, as provided in this section. Pursuant to
 1265  this section, a school district’s performance evaluation system
 1266  is not limited to basing unsatisfactory performance of
 1267  instructional personnel and school administrators solely upon
 1268  student performance, but may include other criteria approved to
 1269  evaluate instructional personnel and school administrators’
 1270  performance, or any combination of student performance and other
 1271  approved criteria. Evaluation procedures and criteria must
 1272  comply with, but are not limited to, the following:
 1273         (a) A performance evaluation must be conducted for each
 1274  employee at least once a year, except that a classroom teacher,
 1275  as defined in s. 1012.01(2)(a), excluding substitute teachers,
 1276  who is newly hired by the district school board must be observed
 1277  and evaluated at least twice in the first year of teaching in
 1278  the school district. The performance evaluation must be based
 1279  upon sound educational principles and contemporary research in
 1280  effective educational practices. The evaluation criteria must
 1281  include:
 1282         1. Performance of students.—At least one-third 50 percent
 1283  of a performance evaluation must be based upon data and
 1284  indicators of student performance learning growth assessed
 1285  annually by statewide assessments or, for subjects and grade
 1286  levels not measured by statewide assessments, by school district
 1287  assessments as provided in s. 1008.22(6). Each school district
 1288  must use the formula adopted pursuant to paragraph (7)(a) for
 1289  measuring student learning growth in all courses associated with
 1290  statewide assessments and must select an equally appropriate
 1291  formula for measuring student learning growth for all other
 1292  grades and subjects, except as otherwise provided in accordance
 1293  with subsection (7).
 1294         a. For classroom teachers, as defined in s. 1012.01(2)(a),
 1295  excluding substitute teachers, the student learning growth This
 1296  portion of the evaluation must include growth or achievement
 1297  data of the teacher’s students or, for a school administrator,
 1298  the students attending the school for students assigned to the
 1299  teacher over the course of at least 3 years. If less than 3
 1300  years of data are available, the years for which data are
 1301  available must be used. The proportion of growth or achievement
 1302  data may be determined by instructional assignment and the
 1303  percentage of the evaluation based upon student learning growth
 1304  may be reduced to not less than 40 percent.
 1305         b. For instructional personnel who are not classroom
 1306  teachers, the student learning growth portion of the evaluation
 1307  must include growth data on statewide assessments for students
 1308  assigned to the instructional personnel over the course of at
 1309  least 3 years, or may include a combination of student learning
 1310  growth data and other measurable student outcomes that are
 1311  specific to the assigned position, provided that the student
 1312  learning growth data accounts for not less than 30 percent of
 1313  the evaluation. If less than 3 years of student growth data are
 1314  available, the years for which data are available must be used
 1315  and the percentage of the evaluation based upon student learning
 1316  growth may be reduced to not less than 20 percent.
 1317         c. For school administrators, the student learning growth
 1318  portion of the evaluation must include growth data for students
 1319  assigned to the school over the course of at least 3 years. If
 1320  less than 3 years of data are available, the years for which
 1321  data are available must be used and the percentage of the
 1322  evaluation based upon student learning growth may be reduced to
 1323  not less than 40 percent.
 1324         2. Instructional practice.—For instructional personnel, at
 1325  least one-third of the performance evaluation must be based upon
 1326  instructional practice. Evaluation criteria used when annually
 1327  observing classroom teachers, as defined in s. 1012.01(2)(a),
 1328  excluding substitute teachers, must include indicators based
 1329  upon each of the Florida Educator Accomplished Practices adopted
 1330  by the State Board of Education. For instructional personnel who
 1331  are not classroom teachers, evaluation criteria must be based
 1332  upon indicators of the Florida Educator Accomplished Practices
 1333  and may include specific job expectations related to student
 1334  support.
 1335         3. Instructional leadership.—For school administrators, at
 1336  least one-third of the performance evaluation must be based on
 1337  instructional leadership. Evaluation criteria for instructional
 1338  leadership must include indicators based upon each of the
 1339  leadership standards adopted by the State Board of Education
 1340  under s. 1012.986, including performance measures related to the
 1341  effectiveness of classroom teachers in the school, the
 1342  administrator’s appropriate use of evaluation criteria and
 1343  procedures, recruitment and retention of effective and highly
 1344  effective classroom teachers, improvement in the percentage of
 1345  instructional personnel evaluated at the highly effective or
 1346  effective level, and other leadership practices that result in
 1347  student learning growth. The system may include a means to give
 1348  parents and instructional personnel an opportunity to provide
 1349  input into the administrator’s performance evaluation.
 1350         4. Other indicators of performance Professional and job
 1351  responsibilities.—For instructional personnel and school
 1352  administrators, the remainder of a performance evaluation may
 1353  include, but is not limited to, For instructional personnel and
 1354  school administrators, other professional and job
 1355  responsibilities must be included as recommended adopted by the
 1356  State Board of Education or identified by the district school
 1357  board and, for instructional personnel, peer reviews,
 1358  objectively reliable survey information from students and
 1359  parents based on teaching practices that are consistently
 1360  associated with higher student achievement, and other valid and
 1361  reliable measures of instructional practice. The district school
 1362  board may identify additional professional and job
 1363  responsibilities.
 1364         (b) All personnel must be fully informed of the criteria,
 1365  data sources, methodologies, and procedures associated with the
 1366  evaluation process before the evaluation takes place.
 1367         (c) The individual responsible for supervising the employee
 1368  must evaluate the employee’s performance. The evaluation system
 1369  may provide for the evaluator to consider input from other
 1370  personnel trained under subsection (2) paragraph (2)(f). The
 1371  evaluator must submit a written report of the evaluation to the
 1372  district school superintendent for the purpose of reviewing the
 1373  employee’s contract. The evaluator must submit the written
 1374  report to the employee no later than 10 days after the
 1375  evaluation takes place. The evaluator must discuss the written
 1376  evaluation report with the employee. The employee shall have the
 1377  right to initiate a written response to the evaluation, and the
 1378  response shall become a permanent attachment to his or her
 1379  personnel file.
 1380         (d) The evaluator may amend an evaluation based upon
 1381  assessment data from the current school year if the data becomes
 1382  available within 90 days after the close of the school year. The
 1383  evaluator must then comply with the procedures set forth in
 1384  paragraph (c).
 1385         (4) NOTIFICATION OF UNSATISFACTORY PERFORMANCE.—If an
 1386  employee who holds a professional service contract as provided
 1387  in s. 1012.33 is not performing his or her duties in a
 1388  satisfactory manner, the evaluator shall notify the employee in
 1389  writing of such determination. The notice must describe such
 1390  unsatisfactory performance and include notice of the following
 1391  procedural requirements:
 1392         (a) Upon delivery of a notice of unsatisfactory
 1393  performance, the evaluator must confer with the employee who
 1394  holds a professional service contract, make recommendations with
 1395  respect to specific areas of unsatisfactory performance, and
 1396  provide assistance in helping to correct deficiencies within a
 1397  prescribed period of time.
 1398         (b)1. The employee who holds a professional service
 1399  contract shall be placed on performance probation and governed
 1400  by the provisions of this section for 90 calendar days following
 1401  the receipt of the notice of unsatisfactory performance to
 1402  demonstrate corrective action. School holidays and school
 1403  vacation periods are not counted when calculating the 90
 1404  calendar-day period. During the 90 calendar days, the employee
 1405  who holds a professional service contract must be evaluated
 1406  periodically and apprised of progress achieved and must be
 1407  provided assistance and inservice training opportunities to help
 1408  correct the noted performance deficiencies. At any time during
 1409  the 90 calendar days, the employee who holds a professional
 1410  service contract may request a transfer to another appropriate
 1411  position with a different supervising administrator; however, if
 1412  a transfer is granted pursuant to ss. 1012.27(1) and 1012.28(6),
 1413  it does not extend the period for correcting performance
 1414  deficiencies.
 1415         2. Within 14 days after the close of the 90 calendar days,
 1416  the evaluator must evaluate whether the performance deficiencies
 1417  have been corrected and forward a recommendation to the district
 1418  school superintendent. Within 14 days after receiving the
 1419  evaluator’s recommendation, the district school superintendent
 1420  must notify the employee who holds a professional service
 1421  contract in writing whether the performance deficiencies have
 1422  been satisfactorily corrected and whether the district school
 1423  superintendent will recommend that the district school board
 1424  continue or terminate his or her employment contract. If the
 1425  employee wishes to contest the district school superintendent’s
 1426  recommendation, the employee must, within 15 days after receipt
 1427  of the district school superintendent’s recommendation, submit a
 1428  written request for a hearing. The hearing shall be conducted at
 1429  the district school board’s election in accordance with one of
 1430  the following procedures:
 1431         a. A direct hearing conducted by the district school board
 1432  within 60 days after receipt of the written appeal. The hearing
 1433  shall be conducted in accordance with the provisions of ss.
 1434  120.569 and 120.57. A majority vote of the membership of the
 1435  district school board shall be required to sustain the district
 1436  school superintendent’s recommendation. The determination of the
 1437  district school board shall be final as to the sufficiency or
 1438  insufficiency of the grounds for termination of employment; or
 1439         b. A hearing conducted by an administrative law judge
 1440  assigned by the Division of Administrative Hearings of the
 1441  Department of Management Services. The hearing shall be
 1442  conducted within 60 days after receipt of the written appeal in
 1443  accordance with chapter 120. The recommendation of the
 1444  administrative law judge shall be made to the district school
 1445  board. A majority vote of the membership of the district school
 1446  board shall be required to sustain or change the administrative
 1447  law judge’s recommendation. The determination of the district
 1448  school board shall be final as to the sufficiency or
 1449  insufficiency of the grounds for termination of employment.
 1450         (5) ADDITIONAL NOTIFICATIONS.—The district school
 1451  superintendent shall annually notify the department of any
 1452  instructional personnel or school administrators who receive two
 1453  consecutive unsatisfactory evaluations. The district school
 1454  superintendent shall also notify the department of any
 1455  instructional personnel or school administrators who are given
 1456  written notice by the district of intent to terminate or not
 1457  renew their employment. The department shall conduct an
 1458  investigation to determine whether action shall be taken against
 1459  the certificateholder pursuant to s. 1012.795.
 1460         (6) ANNUAL REVIEW OF AND REVISIONS TO THE SCHOOL DISTRICT
 1461  EVALUATION SYSTEMS.—The district school board shall establish a
 1462  procedure for annually reviewing instructional personnel and
 1463  school administrator evaluation systems to determine compliance
 1464  with this section and s. 1012.3401. All substantial revisions to
 1465  an approved system must be reviewed and approved by the district
 1466  school board before being used to evaluate instructional
 1467  personnel or school administrators. Upon request by a school
 1468  district, the department shall provide assistance in developing,
 1469  improving, or reviewing an evaluation system.
 1470         (7) MEASUREMENT OF STUDENT PERFORMANCE LEARNING GROWTH.—
 1471         (a) The Commissioner of Education shall approve a formula
 1472  to measure individual student learning growth on the statewide,
 1473  standardized assessments in English Language Arts and
 1474  mathematics administered under s. 1008.22. The formula must take
 1475  into consideration each student’s prior academic performance.
 1476  The formula must not set different expectations for student
 1477  learning growth based upon a student’s gender, race, ethnicity,
 1478  or socioeconomic status. In the development of the formula, the
 1479  commissioner shall consider other factors such as a student’s
 1480  attendance record, disability status, or status as an English
 1481  language learner. The commissioner may shall select additional
 1482  formulas to measure student performance as appropriate for the
 1483  remainder of the statewide, standardized assessments included
 1484  under s. 1008.22 and continue to select formulas as new
 1485  assessments are implemented in the state system. After the
 1486  commissioner approves the formula to measure individual student
 1487  learning growth, the State Board of Education shall adopt these
 1488  formulas in rule.
 1489         (b) Each school district shall measure student learning
 1490  growth using the formulas approved by the commissioner under
 1491  paragraph (a) and the standards for performance levels adopted
 1492  by the state board under subsection (8) for courses associated
 1493  with the statewide, standardized assessments administered under
 1494  s. 1008.22 no later than the school year immediately following
 1495  the year the formula is approved by the commissioner. For grades
 1496  and subjects not assessed by statewide, standardized assessments
 1497  but otherwise assessed as required under s. 1008.22(6), each
 1498  school district shall measure student performance of students
 1499  using a methodology determined by the district. The department
 1500  shall provide models for measuring performance of students which
 1501  school districts may adopt.
 1502         (c) For a course that is not measured by a statewide,
 1503  standardized assessment, a school district may request, through
 1504  the evaluation system approval process, to use a student’s
 1505  achievement level rather than student learning growth if
 1506  achievement is demonstrated to be a more appropriate measure of
 1507  classroom teacher performance. A school district may also
 1508  request to use a combination of student learning growth and
 1509  achievement, if appropriate.
 1510         (d) For a course that is not measured by a statewide,
 1511  standardized assessment, a school district may request, through
 1512  the evaluation system approval process, that the performance
 1513  evaluation for the classroom teacher assigned to that course
 1514  include the learning growth of his or her students on one or
 1515  more statewide, standardized assessments. The request must
 1516  clearly explain the rationale supporting the request.
 1517         (e) For purposes of this section and only for the 2014-2015
 1518  school year, a school district may use measurable learning
 1519  targets on local assessments administered under s. 1008.22(6) to
 1520  evaluate the performance of students portion of a classroom
 1521  teacher’s evaluation for courses that are not assessed by
 1522  statewide, standardized assessments. Learning targets must be
 1523  approved by the school principal. A district school
 1524  superintendent may assign to instructional personnel in an
 1525  instructional team the student learning growth of the
 1526  instructional team’s students on statewide assessments. This
 1527  paragraph expires July 1, 2015.
 1528         (8) RULEMAKING.—No later than August 1, 2015, the State
 1529  Board of Education shall adopt rules pursuant to ss. 120.536(1)
 1530  and 120.54 which establish uniform procedures and format for the
 1531  submission, review, and approval of district evaluation systems
 1532  and reporting requirements for the annual evaluation of
 1533  instructional personnel and school administrators; specific,
 1534  discrete standards for each performance level required under
 1535  subsection (2), based on student learning growth models approved
 1536  by the commissioner, to ensure clear and sufficient
 1537  differentiation in the performance levels and to provide
 1538  consistency in meaning across school districts; the measurement
 1539  of student learning growth and associated implementation
 1540  procedures required under subsection (7); and a process for
 1541  monitoring school district implementation of evaluation systems
 1542  in accordance with this section. Specifically, the rules shall
 1543  establish student performance levels that if not met will result
 1544  in the employee receiving an unsatisfactory performance
 1545  evaluation rating. In like manner, the rules shall establish a
 1546  student performance level that must be met in order for an
 1547  employee to receive a highly effective rating and a student
 1548  learning growth standard that must be met in order for an
 1549  employee to receive an effective rating.
 1550         (9) TRANSITION TO NEW STATEWIDE, STANDARDIZED ASSESSMENTS.
 1551  Standards for each performance level required under subsection
 1552  (2) shall be established by the State Board of Education
 1553  beginning with the 2015-2016 school year.
 1554         (10) DISTRICT BONUS REWARDS FOR PERFORMANCE PAY BASED ON
 1555  EVALUATION PROGRESS.—School districts are eligible for bonus
 1556  rewards as provided for in the 2014 General Appropriations Act
 1557  for making outstanding progress toward educator effectiveness,
 1558  including implementation of instructional personnel salaries
 1559  based on performance results under s. 1012.34 and the use of
 1560  local assessment results in personnel evaluations when
 1561  statewide, standardized assessments are not administered.
 1562         Section 14. Section 1012.3401, Florida Statutes, is
 1563  repealed.
 1564         Section 15. Subsection (10) of section 1012.98, Florida
 1565  Statutes, is amended to read:
 1566         1012.98 School Community Professional Development Act.—
 1567         (10) For instructional personnel teachers, managers, and
 1568  administrative personnel who have been evaluated as less than
 1569  effective satisfactory, a district school board shall require
 1570  participation in specific professional development programs as
 1571  provided in subparagraph (4)(b)4. as part of the improvement
 1572  prescription.
 1573         Section 16. Except as otherwise expressly provided in this
 1574  act, this act shall take effect upon becoming a law.
 1575  
 1576  ================= T I T L E  A M E N D M E N T ================
 1577  And the title is amended as follows:
 1578         Delete everything before the enacting clause
 1579  and insert:
 1580                        A bill to be entitled                      
 1581         An act relating to education accountability; amending
 1582         s. 1001.42, F.S.; revising a requirement for the
 1583         uniform opening date of public schools; amending s.
 1584         1002.20, F.S.; revising provisions relating to reading
 1585         instruction to conform to changes made by the act;
 1586         amending ss. 1003.4156 and 1003.4282, F.S.; deleting
 1587         provisions relating to remediation for certain middle
 1588         grades and high school students, respectively;
 1589         amending s. 1003.4285, F.S.; revising requirements for
 1590         the scholar designation on standard high school
 1591         diplomas; amending s. 1003.621, F.S.; requiring that
 1592         academically high-performing school districts comply
 1593         with provisions relating to the uniform opening date
 1594         of public schools; amending s. 1008.22, F.S.; revising
 1595         the purpose of the student assessment program to
 1596         include providing instructional personnel with certain
 1597         information when available; revising the grade levels
 1598         of students who must take the statewide, standardized
 1599         English Language Arts assessment; revising provisions
 1600         relating to end-of-course assessments; requiring that
 1601         all students enrolled in certain courses take the
 1602         statewide, standardized end-of-course assessment
 1603         associated with the course; prohibiting students who
 1604         take an end-of-course assessment for a course from
 1605         taking other specified assessments; requiring
 1606         computer-based testing for certain assessments during
 1607         specified school years; requiring that paper-based
 1608         accommodations be made available for certain students;
 1609         providing for use of certain assessment results for
 1610         students; requiring that a student’s performance
 1611         results on certain assessments be provided to the
 1612         student’s teachers and parents within a specified time
 1613         after administration of the assessments; providing for
 1614         liquidated damages; revising provisions relating to
 1615         local assessments administered by school districts;
 1616         requiring that certain information relating to student
 1617         achievement be provided to instructional personnel
 1618         when available; requiring that all end-of-course
 1619         assessment results be reported annually by a specified
 1620         date; providing an exemption for the 2014-2015 school
 1621         year; requiring the Commissioner of Education to
 1622         annually publish a uniform calendar for assessment and
 1623         reporting on the Department of Education’s website;
 1624         requiring each school district to establish assessment
 1625         schedules, approve such schedules at a district school
 1626         board meeting, and publish such schedules on the
 1627         district’s website; requiring each public school to
 1628         publish such schedules on the school’s website;
 1629         providing that certain assessments replace final
 1630         assessments in certain courses; requiring teachers and
 1631         parents to be provided with results of district
 1632         required local assessments in a timely manner;
 1633         requiring rulemaking relating to the uniform calendar;
 1634         amending s. 1008.24, F.S.; authorizing a school
 1635         district to use district employees to administer and
 1636         proctor specified assessments; providing minimum
 1637         requirements for State Board of Education rules
 1638         regarding the training of such employees; amending s.
 1639         1008.25, F.S.; deleting requirements for the
 1640         comprehensive student progression plan; requiring each
 1641         district school board to adopt criteria for student
 1642         grade-level progression; revising provisions relating
 1643         to support for certain students and student promotion
 1644         from grade 3 to grade 4; requiring that certain
 1645         information relating to student achievement be
 1646         provided to instructional personnel when available;
 1647         providing for intensive instruction for certain
 1648         students; revising reporting requirements; amending s.
 1649         1008.30, F.S.; deleting a requirement for certain
 1650         students to be evaluated for college readiness;
 1651         amending s. 1008.34, F.S.; adding references to school
 1652         improvement ratings to provisions regarding the school
 1653         grading system; specifying applicability of certain
 1654         accountability measures to schools using turnaround
 1655         options; requiring that students who score in the
 1656         bottom quintile on the 2014-2015 grade 3 English
 1657         Language Arts assessment be identified as students at
 1658         risk of retention; requiring that each school district
 1659         notify such students’ parents, provide evidence, and
 1660         provide intervention and support services; requiring
 1661         an independent verification of the psychometric
 1662         validity of statewide, standardized assessments before
 1663         school grades results may be published and before
 1664         student performance data may be used for purposes of
 1665         instructional personnel and school administrator
 1666         evaluations; requiring that a panel select an
 1667         independent entity based on criteria; requiring that
 1668         the Department of Education contract with the entity;
 1669         providing for future repeal; amending s. 1008.36,
 1670         F.S.; providing additional funds to certain schools
 1671         through the Florida School Recognition Program under
 1672         certain conditions; amending s. 1012.34, F.S.;
 1673         revising reporting requirements relating to school
 1674         district personnel evaluation systems; revising
 1675         evaluation criteria and requirements; revising
 1676         provisions relating to the measurement of student
 1677         performance; deleting provisions relating to district
 1678         bonus rewards for performance pay based on evaluation
 1679         progress; repealing s. 1012.3401, F.S., relating to
 1680         requirements for measuring student performance in
 1681         instructional personnel and school administrator
 1682         performance evaluations and performance evaluation of
 1683         personnel for purposes of performance salary schedule;
 1684         amending s. 1012.98, F.S.; revising provisions
 1685         relating to personnel evaluation for purposes of
 1686         professional development; providing effective dates.