Florida Senate - 2024                          SENATOR AMENDMENT
       Bill No. CS for SB 7004
       
       
       
       
       
       
                                Ì573724/Î573724                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             01/10/2024 03:56 PM       .                                
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       Senator Simon moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 1004 - 1087
    4  and insert:
    5         Section 26. Paragraph (a) of subsection (2), paragraphs (a)
    6  and (b) of subsection (3), paragraph (c) of subsection (4),
    7  paragraphs (a), (b), and (d) of subsection (5), paragraphs (a),
    8  (b), and (c) of subsection (6), paragraph (b) of subsection (7),
    9  and subsection (9) of section 1008.25, Florida Statutes, are
   10  amended, and paragraph (h) is added to subsection (2) of that
   11  section, to read:
   12         1008.25 Public school student progression; student support;
   13  coordinated screening and progress monitoring; reporting
   14  requirements.—
   15         (2) STUDENT PROGRESSION PLAN.—Each district school board
   16  shall establish a comprehensive plan for student progression
   17  which must provide for a student’s progression from one grade to
   18  another based on the student’s mastery of the standards in s.
   19  1003.41, specifically English Language Arts, mathematics,
   20  science, and social studies standards. The plan must:
   21         (a) Include criteria that emphasize student reading
   22  proficiency in kindergarten through grade 3 and provide targeted
   23  instructional support for students with identified deficiencies
   24  in English Language Arts, mathematics, science, and social
   25  studies, including students who have been referred to the
   26  district from the Voluntary Prekindergarten Education Program
   27  consistent with paragraph (5)(b). High schools shall use all
   28  available assessment results, including the results of
   29  statewide, standardized English Language Arts assessments and
   30  end-of-course assessments for Algebra I and Geometry, to advise
   31  students of any identified deficiencies and to provide
   32  appropriate postsecondary preparatory instruction before high
   33  school graduation. The results of evaluations used to monitor a
   34  student’s progress in grades K-12 must be provided to the
   35  student’s teacher in a timely manner and as otherwise required
   36  by law. Thereafter, evaluation results must be provided to the
   37  student’s parent in a timely manner. When available,
   38  instructional personnel must be provided with information on
   39  student achievement of standards and benchmarks in order to
   40  improve instruction.
   41         (h)Specify retention requirements for students in
   42  kindergarten through grade 2 based upon each student’s
   43  performance in English Language Arts and mathematics. For
   44  students who are retained in kindergarten through grade 2, the
   45  plan must incorporate the parental notification requirements
   46  provided in subsections (5) and (6), include an opportunity for
   47  parental input on the retention decision, and include
   48  information on the importance of students mastering early
   49  literacy and communication skills in order to be reading at or
   50  above grade level by the end of grade 3.
   51         (3) ALLOCATION OF RESOURCES.—District school boards shall
   52  allocate remedial and supplemental instruction resources to
   53  students in the following priority:
   54         (a) Students in the Voluntary Prekindergarten Education
   55  Program kindergarten through grade 3 who have a substantial
   56  deficiency in reading or the characteristics of dyslexia as
   57  determined in paragraph (5)(a).
   58         (b) Students in the Voluntary Prekindergarten Education
   59  Program kindergarten through grade 4 who have a substantial
   60  deficiency in mathematics or the characteristics of dyscalculia
   61  as determined in paragraph (6)(a).
   62         (4) ASSESSMENT AND SUPPORT.—
   63         (c) A student who has a substantial reading deficiency as
   64  determined in paragraph (5)(a) or a substantial mathematics
   65  deficiency as determined in paragraph (6)(a) must be covered by
   66  a federally required student plan, such as an individual
   67  education plan or an individualized progress monitoring plan, or
   68  both, as necessary. The individualized progress monitoring plan
   69  must be developed within 30 days after the results of the
   70  coordinated screening and progress monitoring system become
   71  available. The plan must shall include, at a minimum, include:
   72         1. The student’s specific, identified reading or
   73  mathematics skill deficiency.
   74         2. Goals and benchmarks for student growth in reading or
   75  mathematics.
   76         3. A description of the specific measures that will be used
   77  to evaluate and monitor the student’s reading or mathematics
   78  progress.
   79         4. For a substantial reading deficiency, the specific
   80  evidence-based literacy instruction grounded in the science of
   81  reading which the student will receive.
   82         5. Strategies, resources, and materials that will be
   83  provided to the student’s parent to support the student to make
   84  reading or mathematics progress.
   85         6. Any additional services the student’s teacher deems
   86  available and appropriate to accelerate the student’s reading or
   87  mathematics skill development.
   88         (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
   89         (a) Any student in a Voluntary Prekindergarten Education
   90  Program provided by a public school kindergarten through grade 3
   91  who exhibits a substantial deficiency in reading or the
   92  characteristics of dyslexia based upon screening, diagnostic,
   93  progress monitoring, or assessment data; statewide assessments;
   94  or teacher observations must be provided intensive, explicit,
   95  systematic, and multisensory reading interventions immediately
   96  following the identification of the reading deficiency or the
   97  characteristics of dyslexia to address his or her specific
   98  deficiency or dyslexia. For the purposes of this subsection, a
   99  Voluntary Prekindergarten Education Program student is deemed to
  100  exhibit a substantial deficiency in early literacy skills based
  101  upon the results of the midyear or final administration of the
  102  coordinated screening and progress monitoring under subsection
  103  (9).
  104         1. The department shall provide a list of state examined
  105  and approved comprehensive reading and intervention programs.
  106  The intervention programs shall be provided in addition to the
  107  comprehensive core reading instruction that is provided to all
  108  students in the general education classroom. Dyslexia-specific
  109  interventions, as defined by rule of the State Board of
  110  Education, shall be provided to students who have the
  111  characteristics of dyslexia. The reading intervention programs
  112  must do all of the following:
  113         a. Provide explicit, direct instruction that is systematic,
  114  sequential, and cumulative in language development, phonological
  115  awareness, phonics, fluency, vocabulary, and comprehension, as
  116  applicable.
  117         b. Provide daily targeted small group reading interventions
  118  based on student need in phonological awareness, phonics,
  119  including decoding and encoding, sight words, vocabulary, or
  120  comprehension.
  121         c. Be implemented during regular school hours.
  122         2. A school may not wait for a student to receive a failing
  123  grade at the end of a grading period or wait until a plan under
  124  paragraph (4)(b) is developed to identify the student as having
  125  a substantial reading deficiency and initiate intensive reading
  126  interventions. In addition, a school may not wait until an
  127  evaluation conducted pursuant to s. 1003.57 is completed to
  128  provide appropriate, evidence-based interventions for a student
  129  whose parent submits documentation from a professional licensed
  130  under chapter 490 which demonstrates that the student has been
  131  diagnosed with dyslexia. Such interventions must be initiated
  132  upon receipt of the documentation and based on the student’s
  133  specific areas of difficulty as identified by the licensed
  134  professional.
  135         3. A student’s reading proficiency must be monitored and
  136  the intensive interventions must continue until the student
  137  demonstrates grade level proficiency in a manner determined by
  138  the district, which may include achieving a Level 3 on the
  139  statewide, standardized English Language Arts assessment. The
  140  State Board of Education shall identify by rule guidelines for
  141  determining whether a student in a Voluntary Prekindergarten
  142  Education Program provided by a public school kindergarten
  143  through grade 3 has a substantial deficiency in reading.
  144         (b) A Voluntary Prekindergarten Education Program student
  145  who exhibits a substantial deficiency in early literacy skills
  146  based upon the results of the administration of the mid-year or
  147  final coordinated screening and progress monitoring under
  148  subsection (9) shall be referred to the local school district
  149  and may be eligible to receive instruction in early literacy
  150  skills before participating in kindergarten. A student with an
  151  individual education plan who has been retained pursuant to
  152  paragraph (2)(g) and has demonstrated a substantial deficiency
  153  in early literacy skills must receive instruction in early
  154  literacy skills.
  155         (d) The parent of any student who exhibits a substantial
  156  deficiency in reading, as described in paragraph (a), must be
  157  notified in writing, in a timely manner, of the following:
  158         1. That his or her child has been identified as having a
  159  substantial deficiency in reading, including a description and
  160  explanation, in terms understandable to the parent, of the exact
  161  nature of the student’s difficulty in learning and lack of
  162  achievement in reading.
  163         2. A description of the current services that are provided
  164  to the child.
  165         3. A description of the proposed intensive interventions
  166  and supports that will be provided to the child that are
  167  designed to remediate the identified area of reading deficiency.
  168         4. The student progression requirements under paragraph
  169  (2)(h) and that if the child’s reading deficiency is not
  170  remediated by the end of grade 3, the child must be retained
  171  unless he or she is exempt from mandatory retention for good
  172  cause.
  173         5. Strategies, including multisensory strategies and
  174  programming, through a read-at-home plan the parent can use in
  175  helping his or her child succeed in reading. The read-at-home
  176  plan must provide access to the resources identified in
  177  paragraph (f).
  178         6. That the statewide, standardized English Language Arts
  179  assessment is not the sole determiner of promotion and that
  180  additional evaluations, portfolio reviews, and assessments are
  181  available to the child to assist parents and the school district
  182  in knowing when a child is reading at or above grade level and
  183  ready for grade promotion.
  184         7. The district’s specific criteria and policies for a
  185  portfolio as provided in subparagraph (7)(b)4. and the evidence
  186  required for a student to demonstrate mastery of Florida’s
  187  academic standards for English Language Arts. A school must
  188  immediately begin collecting evidence for a portfolio when a
  189  student in grade 3 is identified as being at risk of retention
  190  or upon the request of the parent, whichever occurs first.
  191         8. The district’s specific criteria and policies for
  192  midyear promotion. Midyear promotion means promotion of a
  193  retained student at any time during the year of retention once
  194  the student has demonstrated ability to read at grade level.
  195         9. Information about the student’s eligibility for the New
  196  Worlds Reading Initiative under s. 1003.485 and the New Worlds
  197  Scholarship Accounts under s. 1002.411 and information on parent
  198  training modules and other reading engagement resources
  199  available through the initiative.
  200  
  201  After initial notification, the school shall apprise the parent
  202  at least monthly of the student’s progress in response to the
  203  intensive interventions and supports. Such communications must
  204  be in writing and must explain any additional interventions or
  205  supports that will be implemented to accelerate the student’s
  206  progress if the interventions and supports already being
  207  implemented have not resulted in improvement. After receiving
  208  the initial notification, a parent may request additional
  209  meetings with the teacher or the school’s reading coach to
  210  discuss the student’s progress and may request additional
  211  services currently provided by the school district. The
  212  additional services must include, but are not limited to, the
  213  interventions in paragraph (8)(a).
  214         (6) MATHEMATICS DEFICIENCY AND PARENTAL NOTIFICATION.—
  215         (a) Any student in a Voluntary Prekindergarten Education
  216  Program provided by a public school kindergarten through grade 4
  217  who exhibits a substantial deficiency in mathematics or the
  218  characteristics of dyscalculia based upon screening, diagnostic,
  219  progress monitoring, or assessment data; statewide assessments;
  220  or teacher observations must:
  221         1. Immediately following the identification of the
  222  mathematics deficiency, be provided systematic and explicit
  223  mathematics instruction to address his or her specific
  224  deficiencies through either:
  225         a. Daily targeted small group mathematics intervention
  226  based on student need; or
  227         b. Supplemental, evidence-based mathematics interventions
  228  before or after school, or both, delivered by a highly qualified
  229  teacher of mathematics or a trained tutor.
  230         2. The performance of a student receiving mathematics
  231  instruction under subparagraph 1. must be monitored, and
  232  instruction must be adjusted based on the student’s need.
  233         3. The department shall provide a list of state examined
  234  and approved mathematics intervention programs, curricula, and
  235  high-quality supplemental materials that may be used to improve
  236  a student’s mathematics deficiencies. In addition, the
  237  department shall work, at a minimum, with the Florida Center for
  238  Mathematics and Science Education Research established in s.
  239  1004.86 to disseminate information to school districts and
  240  teachers on effective evidence-based explicit mathematics
  241  instructional practices, strategies, and interventions.
  242         4. A school may not wait for a student to receive a failing
  243  grade at the end of a grading period or wait until a plan under
  244  paragraph (4)(b) is developed to identify the student as having
  245  a substantial mathematics deficiency and initiate intensive
  246  mathematics interventions. In addition, a school may not wait
  247  until an evaluation conducted pursuant to s. 1003.57 is
  248  completed to provide appropriate, evidence-based interventions
  249  for a student whose parent submits documentation from a
  250  professional licensed under chapter 490 which demonstrates that
  251  the student has been diagnosed with dyscalculia. Such
  252  interventions must be initiated upon receipt of the
  253  documentation and based on the student’s specific areas of
  254  difficulty as identified by the licensed professional.
  255         5. The mathematics proficiency of a student receiving
  256  additional mathematics supports must be monitored and the
  257  intensive interventions must continue until the student
  258  demonstrates grade level proficiency in a manner determined by
  259  the district, which may include achieving a Level 3 on the
  260  statewide, standardized Mathematics assessment. The State Board
  261  of Education shall identify by rule guidelines for determining
  262  whether a student in a Voluntary Prekindergarten Education
  263  Program provided by a public school kindergarten through grade 4
  264  has a substantial deficiency in mathematics.
  265  
  266  For the purposes of this paragraph, a Voluntary Prekindergarten
  267  Education Program student is deemed to exhibit a substantial
  268  deficiency in mathematics skills based upon the results of the
  269  mid-year or final administration of the coordinated screening
  270  and progress monitoring under subsection (9).
  271         (b) A Voluntary Prekindergarten Education Program student
  272  who exhibits a substantial deficiency in early math skills based
  273  upon the results of the administration of the mid-year or final
  274  coordinated screening and progress monitoring under subsection
  275  (8) shall be referred to the local school district and may be
  276  eligible to receive intensive mathematics interventions before
  277  participating in kindergarten.
  278         (c) The parent of a student who exhibits a substantial
  279  deficiency in mathematics, as described in paragraph (a), must
  280  be notified in writing of the following:
  281         1. That his or her child has been identified as having a
  282  substantial deficiency in mathematics, including a description
  283  and explanation, in terms understandable to the parent, of the
  284  exact nature of the student’s difficulty in learning and lack of
  285  achievement in mathematics.
  286         2. A description of the current services that are provided
  287  to the child.
  288         3. A description of the proposed intensive interventions
  289  and supports that will be provided to the child that are
  290  designed to remediate the identified area of mathematics
  291  deficiency.
  292         4. Strategies, including multisensory strategies and
  293  programming, through a home-based plan the parent can use in
  294  helping his or her child succeed in mathematics. The home-based
  295  plan must provide access to the resources identified in
  296  paragraph (e).
  297  
  298  After the initial notification, the school shall apprise the
  299  parent at least monthly of the student’s progress in response to
  300  the intensive interventions and supports. Such communications
  301  must be in writing and must explain any additional interventions
  302  or supports that will be implemented to accelerate the student’s
  303  progress if the interventions and supports already being
  304  implemented have not resulted in improvement. After receiving
  305  the initial notification, a parent may request additional
  306  meetings with the teacher or school’s math coach to discuss the
  307  student’s progress and may request additional services that are
  308  currently provided by the school district.
  309         (7) ELIMINATION OF SOCIAL PROMOTION.—
  310         (b) The district school board may only exempt students from
  311  mandatory retention, as provided in paragraph (5)(c), for good
  312  cause. A student who is promoted to grade 4 with a good cause
  313  exemption shall be provided intensive reading instruction and
  314  intervention that include specialized diagnostic information and
  315  specific reading strategies to meet the needs of each student so
  316  promoted. The school district shall assist schools and teachers
  317  with the implementation of explicit, systematic, and
  318  multisensory reading instruction and intervention strategies for
  319  students promoted with a good cause exemption which research has
  320  shown to be successful in improving reading among students who
  321  have reading difficulties. A parent may request additional
  322  interventions that are currently provided by the school district
  323  and can include, but are not limited, to the interventions
  324  identified in paragraph (8)(a). Good cause exemptions are
  325  limited to the following:
  326         1. Limited English proficient students who have had less
  327  than 2 years of instruction in an English for Speakers of Other
  328  Languages program based on the initial date of entry into a
  329  school in the United States.
  330         2. Students with disabilities whose individual education
  331  plan indicates that participation in the statewide assessment
  332  program is not appropriate, consistent with the requirements of
  333  s. 1008.212.
  334         3. Students who demonstrate an acceptable level of
  335  performance on the beginning or mid-year administration of the
  336  English Language Arts coordinated screening and progress
  337  monitoring system under subsection (9), or an alternative
  338  standardized reading or English Language Arts assessment,
  339  approved by the State Board of Education.
  340         4. A student who demonstrates through a student portfolio
  341  that he or she is performing at least at Level 2 on the
  342  statewide, standardized English Language Arts assessment.
  343         5. Students with disabilities who take the statewide,
  344  standardized English Language Arts assessment and who have an
  345  individual education plan or a Section 504 plan that reflects
  346  that the student has received intensive instruction in reading
  347  or English Language Arts for more than 2 years but still
  348  demonstrates a deficiency and was previously retained in
  349  prekindergarten, kindergarten, grade 1, grade 2, or grade 3.
  350         6. Students who have received intensive reading
  351  intervention for 2 or more years but still demonstrate a
  352  deficiency in reading and who were previously retained in
  353  kindergarten, grade 1, grade 2, or grade 3 for a total of 2
  354  years. A student may not be retained more than once in grade 3.
  355  
  356  ================= T I T L E  A M E N D M E N T ================
  357  And the title is amended as follows:
  358         Delete lines 117 - 122
  359  and insert:
  360         course assessment; amending s. 1008.25, F.S.; revising
  361         the criteria for the student progression plan to
  362         include instructional support for students referred
  363         from a specified program; requiring school districts
  364         to specify retention requirements for students in
  365         kindergarten through grade 2; requiring that the plan
  366         incorporate specified parental notification
  367         requirements, include an opportunity for parental
  368         input on the retention decision, and include certain
  369         information; requiring district school boards to
  370         include the Voluntary Prekindergarten Education
  371         Program in a certain allocation of resources;
  372         requiring that the individualized progress monitoring
  373         plan for specified students be developed within a
  374         specified timeframe; providing conditions for parents
  375         to request supports for students identified as having
  376         a substantial deficiency in reading or mathematics;
  377         requiring the department to adopt additional
  378         alternative assessments for good cause promotion;
  379         requiring two administrations of the coordinated
  380         screening and progress monitoring system for students
  381         in a summer prekindergarten program; conforming cross
  382         references; amending s.