CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for CS for SB 1756
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Klein moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 49, line 5, through page 56, line 13, delete
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17 and insert:
18 229.592 Implementation of state system of school
19 improvement and education accountability.--
20 (1) DEVELOPMENT.--It is the intent of the Legislature
21 that every public school in the state shall have a school
22 improvement plan, as required by s. 230.23(16), fully
23 implemented and operational by the beginning of the 1993-1994
24 school year. Vocational standards considered pursuant to s.
25 239.229 shall be incorporated into the school improvement plan
26 for each area technical center operated by a school board by
27 the 1994-1995 school year, and area technical centers shall
28 prepare school report cards incorporating such standards,
29 pursuant to s. 230.23(16), for the 1995-1996 school year. In
30 order to accomplish this, the Florida Commission on Education
31 Reform and Accountability and the school districts and schools
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Amendment No.
1 shall carry out the duties assigned to them by ss. 229.594 and
2 230.23(16), respectively.
3 (2) ESTABLISHMENT.--Based upon the recommendations of
4 the Florida Commission on Education Reform and Accountability,
5 the Legislature may enact such laws as it considers necessary
6 to establish and maintain a state system of school improvement
7 and accountability. If, after considering the recommendations
8 of the commission, the Legislature determines an adequate
9 system of accountability to be in place to protect the public
10 interest, the Legislature may repeal or revise laws, including
11 fiscal policies, deemed to stand in the way of school
12 improvement.
13 (3) COMMISSIONER.--The commissioner shall be
14 responsible for implementing and maintaining a system of
15 intensive school improvement and stringent education
16 accountability, which shall include policies and programs
17 based on the recommendations of the Florida Commission on
18 Education Reform and Accountability to.
19 (a) Based on the recommendations of The Florida
20 Commission on Education Reform and Accountability, the
21 commissioner shall develop and implement the following
22 programs and procedures:
23 (a)1. A system of data collection and analysis that
24 will improve information about the educational success of
25 individual students and schools. The information and analyses
26 must be capable of identifying educational programs or
27 activities in need of improvement, and reports prepared
28 pursuant to this paragraph subparagraph shall be distributed
29 to the appropriate school boards prior to distribution to the
30 general public. This provision shall not preclude access to
31 public records as provided in chapter 119.
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Amendment No.
1 (b)2. A program of school improvement that will
2 analyze information to identify schools, educational programs,
3 or educational activities in need of improvement.
4 (c)3. A method of delivering services to assist school
5 districts and schools to improve.
6 (d)4. A method of coordinating with the state
7 educational goals and school improvement plans any other state
8 program that creates incentives for school improvement.
9 (4)(b) The commissioner shall be held responsible for
10 the implementation and maintenance of the system of school
11 improvement and education accountability outlined in this
12 section subsection. There shall be an annual determination of
13 whether adequate progress is being made toward implementing
14 and maintaining a system of school improvement and education
15 accountability.
16 (5)(c) The annual feedback report shall be developed
17 by the commission and the Department of Education.
18 (6)(d) The commissioner and the commission shall
19 review each school board's feedback report and submit its
20 findings to the State Board of Education. If adequate
21 progress is not being made toward implementing and maintaining
22 a system of school improvement and education accountability,
23 the State Board of Education shall direct the commissioner to
24 prepare and implement a corrective action plan. The
25 commissioner and State Board of Education shall monitor the
26 development and implementation of the corrective action plan.
27 (7)(e) As co-chair of the Florida Commission on
28 Education Reform and Accountability, The commissioner shall
29 appear before the appropriate committees of the Legislature
30 annually in October to report to the Legislature and recommend
31 changes in state policy necessary to foster school improvement
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Amendment No.
1 and education accountability. The report shall reflect the
2 recommendations of the Florida Commission on Education Reform
3 and Accountability. Included in the report shall be a list of
4 the schools for which school boards have developed assistance
5 and intervention plans and an analysis of the various
6 strategies used by the school boards. School reports shall be
7 distributed pursuant to this paragraph and s. 230.23(16)(e)
8 according to guidelines adopted by the State Board of
9 Education.
10 (8)(4) DEPARTMENT.--
11 (a) The Department of Education shall implement a
12 training program to develop among state and district educators
13 a cadre of facilitators of school improvement. These
14 facilitators shall assist schools and districts to conduct
15 needs assessments and develop and implement school improvement
16 plans to meet state goals.
17 (b) Upon request, the department shall provide
18 technical assistance and training to any school, school
19 advisory council, district, or school board for conducting
20 needs assessments, developing and implementing school
21 improvement plans, developing and implementing assistance and
22 intervention plans, or implementing other components of school
23 improvement and accountability. Priority for these services
24 shall be given to schools designated as performance grade
25 category "D" or "F" and school districts in rural and sparsely
26 populated areas of the state.
27 (c) Pursuant to s. 24.121(5)(d), the department shall
28 not release funds from the Educational Enhancement Trust Fund
29 to any district in which a school does not have an approved
30 school improvement plan, pursuant to s. 230.23(16), after 1
31 full school year of planning and development, or does not
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Amendment No.
1 comply with school advisory council membership composition
2 requirements pursuant to s. 229.58(1). The department shall
3 send a technical assistance team to each school without an
4 approved plan to develop such school improvement plan or to
5 each school without appropriate school advisory council
6 membership composition to develop a strategy for corrective
7 action. The department shall release the funds upon approval
8 of the plan or upon establishment of a plan of corrective
9 action. Notice shall be given to the public of the
10 department's intervention and shall identify each school
11 without a plan or without appropriate school advisory council
12 membership composition.
13 (9)(5) STATE BOARD.--The State Board of Education
14 shall adopt rules pursuant to ss. 120.536(1) and 120.54
15 necessary to implement a state system of school improvement
16 and education accountability and shall specify required annual
17 reports by schools and school districts. Such rules must be
18 based on recommendations of the Commission on Education Reform
19 and Accountability and must include, but need not be limited
20 to, a requirement that each school report identify the annual
21 Education Enhancement Trust Fund allocations to the district
22 and the school and how those allocations were used for
23 educational enhancement and supporting school improvement.
24 (10)(6) EXCEPTIONS TO LAW.--To facilitate innovative
25 practices and to allow local selection of educational methods,
26 the commissioner may waive, upon the request of a school
27 board, requirements of chapters 230 through 239 of the Florida
28 School Code that relate to instruction and school operations,
29 except those pertaining to civil rights, and student health,
30 safety, and welfare. The Commissioner of Education is not
31 authorized to grant waivers for any provisions of law
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1 pertaining to the allocation and appropriation of state and
2 local funds for public education; the election, compensation,
3 and organization of school board members and superintendents;
4 graduation and state accountability standards; financial
5 reporting requirements; public meetings; public records; or
6 due process hearings governed by chapter 120. Prior to
7 approval, the commissioner shall report pending waiver
8 requests to the state board on a monthly basis, and shall,
9 upon request of any state board member, bring a waiver request
10 to the state board for consideration. If, within 2 weeks of
11 receiving the report, no member requests that a waiver be
12 considered by the state board, the commissioner may act on the
13 original waiver request. No later than January 1 of each year,
14 the commissioner shall report to the President and Minority
15 Leader of the Senate and the Speaker and Minority Leader of
16 the House of Representatives all approved waiver requests in
17 the preceding year.
18 (a) Graduation requirements in s. 232.246 must be met
19 by demonstrating performance of intended outcomes for any
20 course in the Course Code Directory unless a waiver is
21 approved by the commissioner. In developing procedures for
22 awarding credits based on performance outcomes, districts may
23 request waivers from State Board of Education rules relating
24 to curriculum frameworks and credits for courses and programs
25 in the Course Code Directory. Credit awarded for a course or
26 program beyond that allowed by the Course Code Directory
27 counts as credit for electives. Upon request by any school
28 district, the commissioner shall evaluate and establish
29 procedures for variations in academic credits awarded toward
30 graduation by a high school offering six periods per day
31 compared to those awarded by high schools operating on other
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Amendment No.
1 schedules.
2 1. A school board may originate a request for waiver
3 and submit the request to the commissioner if such a waiver is
4 required to implement districtwide improvements.
5 2. A school board may submit a request to the
6 commissioner for a waiver if such request is presented to the
7 school board by a school advisory council established pursuant
8 to s. 229.58 and if such a waiver is required to implement a
9 school improvement plan required by s. 230.23(16). The school
10 board shall report annually to the Florida Commission on
11 Education Reform and Accountability, in conjunction with the
12 feedback report required pursuant to this section subsection
13 (3), the number of waivers requested by school advisory
14 councils, the number of such waiver requests approved and
15 submitted to the commissioner, and the number of such waiver
16 requests not approved and not submitted to the commissioner.
17 For each waiver request not approved, the school board shall
18 report the statute or rule for which the waiver was requested,
19 the rationale for the school advisory council request, and the
20 reason the request was not approved.
21 3. When approved by the commissioner, a waiver
22 requested under this paragraph is effective for a 5-year
23 period.
24 (b) Notwithstanding the provisions of chapter 120 and
25 for the purpose of implementing this subsection, the
26 commissioner may waive State Board of Education rules if the
27 school board has submitted a written request to the
28 commissioner for approval pursuant to this subsection.
29 (c) The written request for waiver of statute or rule
30 must indicate at least how the general statutory purpose will
31 be met, how granting the waiver will assist schools in
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Amendment No.
1 improving student outcomes related to the student performance
2 standards adopted by the state board pursuant to subsection
3 (5), and how student improvement will be evaluated and
4 reported. In considering any waiver, The commissioner shall
5 not grant any waiver that would impair the ensure protection
6 of the health, safety, welfare, or and civil rights of the
7 students or the and protection of the public interest.
8 (d) Upon denying a request for a waiver, the
9 commissioner must state with particularity the grounds or
10 basis for the denial. The commissioner shall report the
11 specific statutes and rules for which waivers are requested
12 and the number and disposition of such requests to the
13 Legislature, the State Board of Education, and the Florida
14 Commission on Education Reform and Accountability for use in
15 determining which statutes and rules stand in the way of
16 school improvement.
17 (e)1. Schools designated in performance grade category
18 "A," making excellent progress, shall, if requested by the
19 school, be given deregulated status as specified in s.
20 228.0565(5), (7), (8), (9), and (10).
21 2. Schools that have improved at least two performance
22 grade categories and that meet the criteria of the Florida
23 School Recognition Program pursuant to s. 231.2905 may be
24 given deregulated status as specified in s. 228.0565(5), (7),
25 (8), (9), and (10).
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28 ================ T I T L E A M E N D M E N T ===============
29 And the title is amended as follows:
30 On page 2, lines 28-30, delete those lines
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Amendment No.
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