Senate Bill 0186

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    Florida Senate - 1999                                   SB 186

    By the Committee on Education





    304-415-99

  1                      A bill to be entitled

  2         An act relating to education; amending s.

  3         232.245, F.S.; deleting specified remedial

  4         activities for elementary students; requiring

  5         retention at grade 4 rather than at grades 2

  6         and 3; deleting a requirement that certain

  7         students be given immediate intensive reading

  8         instruction; providing an effective date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Section 232.245, Florida Statutes, is

13  amended to read:

14         232.245  Pupil progression; remedial instruction;

15  reporting requirements.--

16         (1)  It is the intent of the Legislature that each

17  student's progression from one grade to another be determined,

18  in part, upon proficiency in reading, writing, and

19  mathematics; that school district policies facilitate such

20  proficiency; and that each student and his or her parent or

21  legal guardian be informed of that student's academic

22  progress.

23         (2)  Each district school board shall establish a

24  comprehensive program for pupil progression which must

25  include:

26         (a)  Standards for evaluating each pupil's performance,

27  including how well he or she masters the performance standards

28  approved by the state board according to s. 229.565; and

29         (b)  Specific levels of performance in reading,

30  writing, and mathematics for each grade level, including the

31  levels of performance on statewide assessments at selected

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    Florida Senate - 1999                                   SB 186
    304-415-99




  1  grade levels in elementary school, middle school, and high

  2  school as defined by the Commissioner of Education, below

  3  which a student must receive remediation and may be retained.

  4         (3)  Each student must participate in the statewide

  5  assessment tests required by s. 229.57. Each student who does

  6  not meet specific levels of performance as determined by the

  7  district school board in reading, writing, and mathematics for

  8  each grade level, or who does not meet specific levels of

  9  performance, determined by the Commissioner of Education, on

10  statewide assessments at selected grade levels, must be

11  provided with additional diagnostic assessments to determine

12  the nature of the student's difficulty and areas of academic

13  need. The school in which the student is enrolled must

14  develop, in consultation with the student's parent or legal

15  guardian, and implement an academic improvement plan designed

16  to assist the student in meeting state and district

17  expectations for proficiency. Each plan must include the

18  provision of intensive remedial instruction in the areas of

19  weakness. through one or more of the following activities, as

20  considered appropriate by the school administration:

21         (a)  Summer school coursework;

22         (b)  Extended-day services;

23         (c)  Parent tutorial programs;

24         (d)  Contracted academic services;

25         (e)  Exceptional education services; or

26         (f)  Suspension of curriculum other than reading,

27  writing, and mathematics. Remedial instruction provided during

28  high school may not be in lieu of English and mathematics

29  credits required for graduation.

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    Florida Senate - 1999                                   SB 186
    304-415-99




  1  Upon subsequent evaluation, if the documented deficiency has

  2  not been corrected in accordance with the academic improvement

  3  plan, the student may be retained. Each student who does not

  4  meet the minimum performance expectations defined by the

  5  Commissioner of Education for the statewide assessment tests

  6  in reading, writing, and mathematics must retake the state

  7  assessment test in the subject area of deficiency and must

  8  continue remedial instruction until the expectations are met

  9  or the student graduates from high school or is not subject to

10  compulsory school attendance.

11         (4)  Any student who exhibits substantial deficiency in

12  reading skills, based on locally determined assessments

13  conducted before the end of grade 1, grade 2, and grade 3, or

14  based on teacher recommendation, must be given intensive

15  reading instruction immediately following the identification

16  of the reading deficiency. The student's reading proficiency

17  must be reassessed by locally determined assessment or based

18  on teacher recommendation at the beginning of the grade

19  following the intensive reading instruction, and the student

20  must continue to be given intensive reading instruction until

21  the reading deficiency is remedied. If the student's reading

22  deficiency, as determined by the locally determined

23  assessment, is not remedied by the end of grade 4 and 2 or

24  grade 3, or if the student scores below the specific level of

25  performance, determined by the local school board, on the

26  statewide assessment test in reading and writing given in

27  elementary school, the student must be retained.  The local

28  school board may exempt a student from mandatory retention for

29  good cause.

30         (5)  Beginning with the 1997-1998 school year, any

31  student who exhibits substantial deficiency in reading skills,

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    Florida Senate - 1999                                   SB 186
    304-415-99




  1  based on locally determined assessments conducted at the

  2  beginning of grade 2, grade 3, and grade 4, or based on

  3  teacher recommendation, must be given intensive reading

  4  instruction immediately following the identification of the

  5  reading deficiency. The student's reading proficiency must be

  6  reassessed by locally determined assessment or based on

  7  teacher recommendation at the beginning of the grade following

  8  the intensive reading instruction, and the student must

  9  continue to be given intensive reading instruction until the

10  reading deficiency is remedied.  If the student's reading

11  deficiency is not remedied by the end of grade 5, the student

12  may be retained.

13         (6)  Each district must annually report to the parent

14  or legal guardian of each student the progress of the student

15  towards achieving state and district expectations for

16  proficiency in reading, writing, and mathematics. The district

17  must report to the parent or legal guardian the student's

18  results on each statewide assessment test. The evaluation of

19  each student's progress must be based upon the student's

20  classroom work, observations, tests, district and state

21  assessments, and other relevant information. Progress

22  reporting must be provided to the parent or legal guardian in

23  writing in a format adopted by the district school board.

24         (7)  The Commissioner of Education shall adopt rules

25  necessary for the administration of this section.

26         (8)  The Department of Education shall provide

27  technical assistance as needed to aid school districts in

28  administering this section.

29         Section 2.  This act shall take effect upon becoming a

30  law.

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    Florida Senate - 1999                                   SB 186
    304-415-99




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  2                          SENATE SUMMARY

  3    Deletes the list of specified remedial measures required
      to be included in academic improvement plans to assist
  4    students in meeting state and school district
      expectations for proficiency. Requires retention in grade
  5    4 for students whose reading deficiency has not been
      remedied rather than in grade 2 or grade 3. Deletes a
  6    requirement that certain students be given immediate
      intensive reading instruction.
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