CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senators Cowin and McKay moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Section 229.0535, Florida Statutes, is

18  amended to read:

19         229.0535  Authority to enforce school improvement.--It

20  is the intent of the Legislature that all public schools be

21  held accountable for ensuring that students performing perform

22  at acceptable levels.  A system of school improvement and

23  accountability that assesses student performance by school,

24  identifies schools in which students are not making not

25  providing adequate progress toward state standards, and

26  institutes appropriate measures for enforcing improvement, and

27  provides rewards and sanctions based on performance shall be

28  the responsibility of the State Board of Education.

29         (1)  Pursuant to Art. IX of the State Constitution

30  prescribing the duty of the State Board of Education to

31  supervise Florida's public school system and notwithstanding

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  any other statutory provisions to the contrary, the State

 2  Board of Education shall have the authority to intervene in

 3  the operation of a district school system when in cases where

 4  one or more schools in the a school district have failed to

 5  make adequate progress for 2 3 consecutive school years in a

 6  4-year period. For purposes of determining when a school is

 7  eligible for state board action and opportunity scholarships

 8  for its students, the terms "2 years in any 4-year period" and

 9  "2 years in a 4-year period" mean that in any year that a

10  school has a grade of "F," the school is eligible for state

11  board action and opportunity scholarships for its students if

12  it also has had a grade of "F" in any of the previous 3 school

13  years. Except as otherwise provided in s. 229.57(9), a

14  performance rating based on data before the 1998-1999 school

15  year data may not be included in a 4-year period. The state

16  board may determine that the school district or and/or school

17  has not taken steps sufficient for to ensure that students in

18  the school to be academically in question are well served.

19  Considering recommendations of the Commissioner of Education,

20  the state board shall is authorized to recommend action to a

21  district school board that is intended to improve ensure

22  improved educational services to students in each school that

23  is designated as performance grade category "F." the

24  low-performing schools in question. Recommendations for

25  actions to be taken in the school district shall be made only

26  after thorough consideration of the unique characteristics of

27  a school, which shall also include student mobility rates, and

28  the number and type of exceptional students enrolled in the

29  school, and the availability of options for improved

30  educational services. The state board shall adopt by rule

31  steps to follow in this process.  Such steps shall provide

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  ensure that school districts have sufficient time to improve

 2  student performance in schools and have had the opportunity to

 3  present evidence of assistance and interventions that the

 4  school board has implemented.

 5         (2)  The state board is specifically authorized to

 6  recommend one or more of the following actions to school

 7  boards to enable ensure that students in low-performing

 8  schools designated as performance grade category "F" to be

 9  academically are well served by the public school system:

10         (a)  Provide additional resources, change certain

11  practices, and provide additional assistance if the state

12  board determines the causes of inadequate progress to be

13  related to school district policy or practice;

14         (b)  Implement a plan that satisfactorily resolves the

15  education equity problems in the school;

16         (c)  Contract for the educational services of the

17  school, or reorganize the school at the end of the school year

18  under a new principal who is authorized to hire new staff and

19  implement a plan that addresses the causes of inadequate

20  progress;

21         (d)  Allow parents of students in the school to send

22  their children to another district school of their choice, if

23  appropriate; or

24         (e)  Other action as deemed appropriate to improve the

25  school's performance.

26         (3)  In recommending actions to school boards, the

27  State Board of Education shall specify the length of time

28  available to implement the recommended action.  The state

29  board may adopt rules to further specify how it may respond in

30  specific circumstances.  No action taken by the state board

31  shall relieve a school from state accountability requirements.

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         (4)  The State Board of Education is authorized to

 2  require the Department of Education or Comptroller to withhold

 3  any transfer of state funds to the school district if, within

 4  the timeframe specified in state board action, the school

 5  district has failed to comply with the said action ordered to

 6  improve the district's low-performing schools. Withholding the

 7  transfer of funds shall occur only after all other recommended

 8  actions for school improvement have failed to improve the

 9  performance of the school. The State Board of Education may

10  invoke the same penalty to any school board that fails to

11  develop and implement a plan for assistance and intervention

12  for low-performing schools as specified in s. 230.23(16)(c).

13         Section 2.  Section 229.0537, Florida Statutes, is

14  created to read:

15         229.0537  Opportunity Scholarship Program.--

16         (1)  FINDINGS AND INTENT.--The purpose of this section

17  is to provide enhanced opportunity for students in this state

18  to gain the knowledge and skills necessary for postsecondary

19  education, a technical education, or the world of work. The

20  Legislature recognizes that the voters of the State of

21  Florida, in the November 1998 general election, amended s. 1,

22  Art. IX, of the Florida Constitution so as to make education a

23  paramount duty of the state. The Legislature finds that the

24  State Constitution requires the state to provide the

25  opportunity to obtain a high-quality education. The

26  Legislature further finds that a student should not be

27  compelled, against the wishes of the student's parent or

28  guardian, to remain in a school found by the state to be

29  failing for 2 years in a 4-year period. The Legislature shall

30  make available opportunity scholarships in order to give

31  parents and guardians the opportunity for their children to

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  attend a public school that is performing satisfactorily or to

 2  attend an eligible private school when the parent or guardian

 3  chooses to apply the equivalent of the public education funds

 4  generated by his or her child to the cost of tuition in the

 5  eligible private school as provided in paragraph (6)(a).

 6  Eligibility of a private school shall include the control and

 7  accountability requirements that, coupled with the exercise of

 8  parental choice, are reasonably necessary to secure the

 9  educational public purpose, as delineated in subsection (4).

10         (2)  OPPORTUNITY SCHOLARSHIP ELIGIBILITY.--A public

11  school student's parent or guardian may request and receive

12  from the state an opportunity scholarship for the child to

13  enroll in and attend a private school in accordance with the

14  provisions of this section if:

15         (a)  By assigned school attendance area or by special

16  assignment, the student has spent the prior school year in

17  attendance at a public school that has been designated

18  pursuant to s. 229.57 as performance grade category "F,"

19  failing to make adequate progress, and that has had two school

20  years in a 4-year period of such low performance, and the

21  student's attendance occurred during a school year in which

22  such designation was in effect; or the parent or guardian of a

23  student who has been in attendance elsewhere in the public

24  school system or who is entering kindergarten or first grade

25  has been notified that the student has been assigned to such

26  school for the next school year;

27         (b)  The student has scored in the lowest quartile on

28  statewide assessment tests described in s. 229.57;

29         (c)  The student is a Florida resident; and

30         (d)  The parent or guardian has obtained acceptance for

31  admission of the student to a private school eligible for the

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  program pursuant to subsection (4), and has notified the

 2  Department of Education and the school district of the request

 3  for an opportunity scholarship no later than July 1 of the

 4  first year in which the student intends to use the

 5  scholarship.

 6

 7  For purposes of continuity of educational choice, the

 8  opportunity scholarship shall be for the entire school year

 9  for which it was originally issued and shall remain in force

10  until the student leaves the private school for which the

11  scholarship was originally granted, or until the student

12  graduates into high school and the public high school to which

13  the student is assigned has earned a performance grade of "C"

14  or better. If the scholarship student leaves the private

15  school for which the scholarship was originally granted and

16  the public school to which he or she would be assigned has a

17  performance grade of "D" or "F," the student shall remain

18  eligible for an opportunity scholarship. However, at any time

19  upon reasonable notice to the Department of Education and the

20  school district, the student's parent or guardian may remove

21  the student from the private school and place the student in a

22  public school, as provided in subparagraph (3)(a)2.

23         (3)  SCHOOL DISTRICT OBLIGATIONS.--

24         (a)  A school district shall, for each student enrolled

25  in or assigned to a school that has been designated as

26  performance grade category "F" for 2 school years in a 4-year

27  period:

28         1.  Timely notify the parent or guardian of the student

29  as soon as such designation is made of all options available

30  pursuant to this section; and

31         2.  Offer that student's parent or guardian an

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  opportunity to enroll the student in the public school within

 2  the district that has been designated by the state pursuant to

 3  s. 229.57 as a school performing higher than that in which the

 4  student is currently enrolled or to which the student has been

 5  assigned, but not less than performance grade category "C."

 6  For purposes of identifying higher performing public schools

 7  eligible for parental choice for the 1999-2000 school year,

 8  school grade designations for the 1998-1999 school year shall

 9  be the grade equivalent of the corresponding performance level

10  I-V specified in state board rule at the time this act becomes

11  a law. Level I corresponds to an "F" grade and Level V

12  corresponds to an "A" grade. The parent or guardian is not

13  required to accept this offer in lieu of requesting a state

14  opportunity scholarship to a private school. The opportunity

15  to continue attending the higher performing public school

16  shall remain in force until the student graduates from high

17  school.

18         (b)  The parent or guardian of a student enrolled in or

19  assigned to a school that has been designated performance

20  grade category "F" for 2 school years in a 4-year period may

21  choose as an alternative to enroll the student in and

22  transport the student to a higher-performing public school

23  that has available space in an adjacent school district, and

24  that school district shall accept the student and report the

25  student for purposes of the district's funding pursuant to the

26  Florida Education Finance Program.

27         (c)  Students with disabilities who are eligible to

28  receive services from the school district under federal or

29  state law, and who participate in this program, remain

30  eligible to receive services from the school district as

31  provided by federal or state law.

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         (d)  If for any reason a qualified private school is

 2  not available for the student or if the parent or guardian

 3  chooses to request that the student be enrolled in the higher

 4  performing public school, rather than choosing to request the

 5  state opportunity scholarship, transportation costs to the

 6  higher performing public school shall be the responsibility of

 7  the school district. The district may utilize state

 8  categorical transportation funds or state-appropriated public

 9  school choice incentive funds for this purpose.

10         (4)  PRIVATE SCHOOL ELIGIBILITY.--To be eligible to

11  participate in the opportunity scholarship program, a private

12  school must be a Florida private school, may be sectarian or

13  nonsectarian, and must:

14         (a)  Be in existence at least 1 year and provide the

15  State Board of Education with evidence of fiscal soundness

16  consistent with generally accepted accounting practices. In

17  lieu of providing evidence of fiscal soundness, a surety bond

18  or letter of credit for an amount equal to the opportunity

19  scholarship funds received in any quarter may be filed with

20  the State Board of Education. However, the 1-year requirement

21  does not apply to those schools providing services to students

22  with disabilities under the pilot programs that offer

23  opportunity scholarships.

24         (b)  Except for the first year of implementation,

25  notify the Department of Education and the school district in

26  whose service area the school is located of its intent to

27  participate in the program under this section by May 1 of the

28  school year preceding the school year in which it intends to

29  participate. The notice shall specify the grade levels, the

30  number of available student spaces, the random selection

31  process, and other services that the private school has

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  available for the opportunity scholarship program.

 2         (c)  Comply with the antidiscrimination provisions of

 3  42 U.S.C. s. 2000d and the Florida Constitution.

 4         (d)  Meet state and local health and safety laws and

 5  codes.

 6         (e)  Determine, on an entirely random and

 7  religious-neutral basis and without regard to the student's

 8  past academic history, which scholarship students to accept;

 9  however, the private school may give preference in accepting

10  applications to siblings of students who have already been

11  accepted on a random and religious-neutral basis. A private

12  school dedicated to a particular subject area or specialized

13  curricular focus may take into account a student's experience

14  in that subject area or related curriculum.

15         (f)  Be subject to the accreditation standards of a

16  nonpublic school accrediting body recognized by the Florida

17  Association of Academic Nonpublic Schools. If the private

18  school fails to meet the accreditation standards of the

19  accrediting body and does not correct identified deficiencies

20  within the required time period, not to exceed 3 years, the

21  school will forfeit eligibility to participate in the

22  opportunity scholarship program. The status of accreditation,

23  as well as the highest educational degree attained by each

24  faculty member, shall be included in the school's annual

25  report to the Department of Education. Upon the parent's or

26  guardian's request, the school shall furnish the parent or

27  guardian with a school profile that includes student

28  performance information and the percentage of teachers who

29  hold regular Florida teaching certificates.

30         (g)  Employ or contract with teachers who hold a

31  baccalaureate or higher degree, have at least 3 years teaching

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  experience in public or private schools, or have special

 2  skills, knowledge, or expertise that qualifies them to provide

 3  instruction in subjects taught.

 4         (h)  Comply with all state statutes relating to private

 5  schools.

 6         (i)  Accept as full tuition and fees the amount

 7  provided by the state for each student, and agree not to

 8  require or compel any opportunity scholarship student, or his

 9  or her parent or guardian, to purchase materials, clothing, or

10  equipment that would not normally be required of a student

11  attending a public school, such as, but not limited to,

12  instructional materials, uniforms, or materials and equipment

13  related to extracurricular activities.

14         (j)  Agree not to compel any student attending the

15  private school on an opportunity scholarship to profess a

16  specific ideological belief, to pray, or to worship.

17         (k)  Not compel or require any student attending the

18  private school on an opportunity scholarship to profess a

19  specific ideological belief, to pray, or to worship.

20         (l)  Generate an annual report to include a detailed

21  accounting of all state funds, a review of educational

22  programs and operational policies, and an assessment of gains

23  in student achievement for each student served via an

24  opportunity scholarship. This report shall be submitted to the

25  Department of Education and made available to the general

26  public; however, the provisions of s. 228.093 shall apply to

27  this requirement.

28         (m)  Agree to accept opportunity scholarship students

29  for a minimum of 3 school years, or until the student

30  completes the highest grade available at the school, with the

31  exception that the student may be dismissed for violation of

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  school rules pertaining to the health, safety, or welfare of

 2  students and staff. The private school shall adhere to the

 3  tenets of its published due-process procedures prior to the

 4  expulsion of any opportunity scholarship student. The private

 5  school must also agree to be responsible for attendance during

 6  that time period.

 7         (n)  Use at least grade-appropriate textbooks and other

 8  learning materials.

 9         (5)  OBLIGATION OF PROGRAM PARTICIPATION.--

10         (a)  Any student participating in the opportunity

11  scholarship program must remain in attendance throughout the

12  school year, unless excused by the school for illness or other

13  good cause, and must comply fully with the school's code of

14  conduct. However, a student may be removed from a school for

15  good cause, and a student may choose to leave a school to

16  attend another school or be home-schooled.

17         (b)  The parent or guardian of each student

18  participating in the opportunity scholarship program must

19  comply fully with the private school's parental involvement

20  requirements, unless excused by the school for illness or

21  other good cause.

22         (c)  The parent or guardian shall ensure that the

23  student participating in the opportunity scholarship program

24  takes all statewide assessments required pursuant to s.

25  229.57. The private school and the school district shall

26  cooperate to ensure that the scholarship student takes all

27  statewide assessments required in s. 229.57. Students

28  participating in the opportunity scholarship program may take

29  such tests at a location and at a time provided by the school

30  district or the private school in accordance with state and

31  district assessment procedures, at the discretion of the

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  school district. If the school district chooses not to allow

 2  opportunity scholarship students to participate with public

 3  school students, the school district shall open state

 4  assessment training workshops to private school test

 5  administrators and provide supervision of the test

 6  administration.

 7         (d)  A participant who fails to comply with this

 8  subsection shall forfeit the opportunity scholarship.

 9         (6)  OPPORTUNITY SCHOLARSHIP FUNDING AND PAYMENT.--

10         (a)1.  The maximum opportunity scholarship granted for

11  an eligible student shall be a calculated amount equivalent to

12  the base student allocation multiplied by the weighted cost

13  factor for the educational program that would have been

14  provided for the student in the district school to which he or

15  she was assigned, multiplied by the district cost

16  differential. In addition, the calculated amount shall include

17  the per student share of instructional materials funding,

18  technology funding, and other categorical funds as provided

19  for this purpose in the General Appropriations Act. The amount

20  of the opportunity scholarship shall be the calculated amount

21  or the amount of the private school's tuition and fees,

22  whichever is less. Fees eligible shall include textbook fees,

23  lab fees, and other fees related to instruction, including

24  transportation. The district shall report all students who are

25  attending a private school under this program. The students

26  attending private schools on opportunity scholarships shall be

27  reported separately from those students reported for purposes

28  of the Florida Education Finance Program. The public or

29  private school that provides services to students with

30  disabilities shall receive the weighted funding for such

31  services at the appropriate funding level consistent with the

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  provisions of s. 236.025.

 2         2.  For purposes of calculating the opportunity

 3  scholarship, a student will be eligible for the amount of the

 4  appropriate basic cost factor if:

 5         a.  The student currently participates in a Group I

 6  program funded at the basic cost factor and is not

 7  subsequently identified as having a disability; or

 8         b.  The student currently participates in a Group II

 9  program and the parent has chosen a private school that does

10  not provide the additional services funded by the Group II

11  program.

12         3.  Following annual notification on July 1 of the

13  number of participants, the Department of Education shall

14  transfer from each school district's appropriated funds the

15  calculated amount from the Florida Education Finance Program

16  and authorized categorical accounts to a separate account for

17  the Opportunity Scholarship Program for quarterly disbursement

18  to the parents or guardians of participating students.

19         (b)  Upon proper documentation reviewed and approved by

20  the Department of Education, the Comptroller shall make

21  opportunity scholarship payments in four equal amounts no

22  later than September 1, November 1, February 1, and April 1 of

23  each academic year in which the opportunity scholarship is in

24  force. The initial payment shall be made after Department of

25  Education verification of admission acceptance and subsequent

26  payments shall be made upon verification of continued

27  enrollment and attendance at the private school. Payment must

28  be by individual warrant made jointly payable to the student's

29  parent or guardian and eligible private school chosen by the

30  parent or guardian, and the parent or guardian shall

31  restrictively endorse the warrant to the private school.

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         (7)  LIABILITY.--No liability shall arise on the part

 2  of the state based on any grant or use of an opportunity

 3  scholarship.

 4         (8)  PILOT PROGRAM.--There is established a pilot

 5  program, which is separate and distinct from the Opportunity

 6  Scholarship Program, in the Broward, Clay, and Sarasota school

 7  districts to provide scholarships to a public or private

 8  school of choice for students with disabilities whose academic

 9  progress in at least two areas has not met expected levels for

10  the previous year, as determined by the student's individual

11  education plan. Student participation in the pilot program is

12  limited to 5 percent of the students with disabilities in the

13  participating school districts during the first year, 10

14  percent of students with disabilities during the second year,

15  and 20 percent of students with disabilities during the third

16  and subsequent years. The following applies to the pilot

17  program:

18         (a)  To be eligible to participate in the pilot

19  program, a private school must meet all requirements of

20  subsection (4). For purposes of the pilot program,

21  notification under paragraph (4)(a) must be separate from the

22  notification under the Opportunity Scholarship Program.

23         (b)  Each school district that participates in the

24  pilot program must comply with the requirements in

25  subparagraph (3)(a)2. and paragraph (3)(c).

26         (c)  The amount of the scholarship in the pilot program

27  shall not exceed the amount the student would have received

28  under the Florida Education Finance Program in the public

29  school to which he or she is assigned.

30         (d)  To be eligible for a scholarship under the pilot

31  program, a student or parent must:

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         1.  Comply with the eligibility criteria in paragraphs

 2  (2)(b) and (c) and all provisions of subsection (5) which

 3  apply to students with disabilities;

 4         2.  For the school year immediately prior to the year

 5  in which the scholarship will be in effect, have documented

 6  the student's failure to meet specific performance levels

 7  identified in the individual education plan, or, absent

 8  specific performance levels identified in the individual

 9  education plan, the student must have performed below grade

10  level on state or local assessments and the parent believes

11  that the student is not progressing adequately toward the

12  goals in the individual education plan; and

13         3.  Have requested the scholarship prior to the time at

14  which the number of valid requests exceeds the district's cap

15  for the year in which the scholarship will be awarded.

16

17  Subsections (6) and (9) shall apply to the pilot program

18  authorized in this subsection. This pilot program is not

19  intended to affect the eligibility of the state or school

20  district to receive federal funds for students with

21  disabilities.

22         (9)  RULES.--The State Board of Education may adopt

23  rules pursuant to ss. 120.536(1) and 120.54 to implement the

24  provisions of this section. Rules shall include penalties for

25  noncompliance with subsections (3) and (5). However, the

26  inclusion of eligible private schools within options available

27  to Florida public school students does not expand the

28  regulatory authority of the state, its officers, or any school

29  district to impose any additional regulation of private

30  schools beyond those reasonably necessary to enforce

31  requirements expressly set forth in this section and by

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  federal law.

 2         Section 3.  Subsection (14) of section 229.512, Florida

 3  Statutes, is amended, present subsections (15) and (16) are

 4  renumbered as subsections (18) and (19), respectively, and new

 5  subsections (15), (16), and (17) are added to that section, to

 6  read:

 7         229.512  Commissioner of Education; general powers and

 8  duties.--The Commissioner of Education is the chief

 9  educational officer of the state, and has the following

10  general powers and duties:

11         (14)  To implement a program of school improvement and

12  education accountability designed to provide all students the

13  opportunity to make adequate learning gains in each year of

14  school as provided by statute and State Board of Education

15  rule which is based upon the achievement of the state

16  education goals, recognizing the State Board of Education as

17  the body corporate responsible for the supervision of the

18  system of public education, the school board as responsible

19  for school and student performance, and the individual school

20  as the unit for education accountability.;

21         (15)  To arrange for the preparation, publication, and

22  distribution of materials relating to the state system of

23  public education which will supply information concerning

24  needs, problems, plans, and possibilities.;

25         (16)  To prepare and publish annually reports giving

26  statistics and other useful information pertaining to the

27  state system of public education, including the Opportunity

28  Scholarship Program.; and

29         (17)  To have printed copies of school laws, forms,

30  instruments, instructions, and regulations of the State Board

31  of Education and to provide for their the distribution of the

                                  16
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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  same.

 2         Section 4.  Section 229.555, Florida Statutes, is

 3  amended to read:

 4         229.555  Educational planning and information

 5  systems.--

 6         (1)  EDUCATIONAL PLANNING.--

 7         (a)  The commissioner shall be responsible for all

 8  planning functions for the department, including collection,

 9  analysis, and interpretation of all data, information, test

10  results, evaluations, and other indicators that are used to

11  formulate policy, identify areas of concern and need, and

12  serve as the basis for short-range and long-range planning.

13  Such planning shall include assembling data, conducting

14  appropriate studies and surveys, and sponsoring research and

15  development activities designed to provide information about

16  educational needs and the effect of alternative educational

17  practices.

18         (b)  Each district school board shall maintain a

19  continuing system of planning and budgeting which shall be

20  designed to aid in identifying and meeting the educational

21  needs of students and the public.  Provision shall be made for

22  coordination between district school boards and community

23  college district boards of trustees concerning the planning

24  for vocational and adult educational programs.  The major

25  emphasis of the system shall be upon locally determined goals

26  and objectives, the state plan for education, and the Sunshine

27  State minimum performance Standards developed by the

28  Department of Education and adopted by the State Board of

29  Education.  The district planning and budgeting system must

30  include consideration of student achievement data obtained

31  pursuant to s. 229.57.  The system shall be structured to meet

                                  17
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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  the specific management needs of the district and to align.

 2  The system of planning and budgeting shall ensure that the

 3  budget adopted by the district school board with reflect the

 4  plan the board has also adopted.  Each district school board

 5  shall utilize its system of planning and budgeting to

 6  emphasize a system of school-based management in which

 7  individual school centers become the principal planning units

 8  and eventually to integrate planning and budgeting at the

 9  school level.

10         (2)  COMPREHENSIVE MANAGEMENT INFORMATION SYSTEMS.--The

11  commissioner shall develop and implement an integrated

12  information system for educational management. The system must

13  be designed to collect, via electronic transfer, all student

14  and school performance data required to ascertain the degree

15  to which schools and school districts are meeting state

16  performance standards, and must be capable of producing data

17  for a comprehensive annual report on school and district

18  performance. In addition, the system shall support, as

19  feasible, the management decisions to be made in each division

20  of the department and at the individual school and district

21  levels.  Similar data elements among divisions and levels

22  shall be compatible.  The system shall be based on an overall

23  conceptual design; the information needed for such decisions,

24  including fiscal, student, program, personnel, facility,

25  community, evaluation, and other relevant data; and the

26  relationship between cost and effectiveness.  The system shall

27  be managed and administered by the commissioner and shall

28  include a district subsystem component to be administered at

29  the district level, with input from the reports-and-forms

30  control management committees.  Each district school system

31  with a unique management information system shall assure that

                                  18
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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  compatibility exists between its unique system and the

 2  district component of the state system so to the extent that

 3  all data required as input to the state system is shall be

 4  made available via electronic transfer and in the appropriate

 5  input format.

 6         (a)  The specific responsibilities of the commissioner

 7  shall include:

 8         1.  Consulting with school district representatives in

 9  the development of the system design model and implementation

10  plans for the management information system for public school

11  education management;

12         2.  Providing operational definitions for the proposed

13  system;

14         3.  Determining the information and specific data

15  elements required for the management decisions made at each

16  educational level, recognizing that the primary unit for

17  information input is shall be the individual school and

18  recognizing that time and effort of instructional personnel

19  expended in collection and compilation of data should be

20  minimized;

21         4.  Developing standardized terminology and procedures

22  to be followed at all levels of the system;

23         5.  Developing a standard transmittal format to be used

24  for collection of data from the various levels of the system;

25         6.  Developing appropriate computer programs to assure

26  integration of the various information components dealing with

27  students, personnel, facilities, fiscal, program, community,

28  and evaluation data;

29         7.  Developing the necessary programs to provide

30  statistical analysis of the integrated data provided in

31  subparagraph 6. in such a way that required reports may be

                                  19
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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  disseminated, comparisons may be made, and relationships may

 2  be determined in order to provide the necessary information

 3  for making management decisions at all levels;

 4         8.  Developing output report formats which will provide

 5  district school systems with information for making management

 6  decisions at the various educational levels;

 7         9.  Developing a phased plan for distributing computer

 8  services equitably among all public schools and school

 9  districts in the this state as rapidly as possible.  The plan

10  shall describe alternatives available to the state in

11  providing such computing services and shall contain estimates

12  of the cost of each alternative, together with a

13  recommendation for action.  In developing the such plan, the

14  feasibility of shared use of computing hardware and software

15  by school districts, community colleges, and universities

16  shall be examined.  Laws or administrative rules regulating

17  procurement of data processing equipment, communication

18  services, or data processing services by state agencies shall

19  not be construed to apply to local agencies which share

20  computing facilities with state agencies;

21         10.  Assisting the district school systems in

22  establishing their subsystem components and assuring

23  compatibility with current district systems;

24         11.  Establishing procedures for continuous evaluation

25  of system efficiency and effectiveness;

26         12.  Initiating a reports-management and

27  forms-management system to ascertain that duplication in

28  collection of data does not exist and that forms and reports

29  for reporting under state and federal requirements and other

30  forms and reports are prepared in a logical and uncomplicated

31  format, resulting in a reduction in the number and complexity

                                  20
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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  of required reports, particularly at the school level; and

 2         13.  Initiating such other actions as are necessary to

 3  carry out the intent of the Legislature that a management

 4  information system for public school management needs be

 5  implemented.  Such other actions shall be based on criteria

 6  including, but not limited to:

 7         a.  The purpose of the reporting requirement;

 8         b.  The origination of the reporting requirement;

 9         c.  The date of origin of the reporting requirement;

10  and

11         d.  The date of repeal of the reporting requirement.

12         (b)  The specific responsibilities of each district

13  school system shall include:

14         1.  Establishing, at the district level, a

15  reports-control and forms-control management system committee

16  composed of school administrators and classroom teachers.  The

17  district school board shall appoint school administrator

18  members and classroom teacher members; or, in school districts

19  where appropriate, the classroom teacher members shall be

20  appointed by the bargaining agent. Teachers shall constitute a

21  majority of the committee membership. The committee shall

22  periodically recommend procedures to the district school board

23  for eliminating, reducing, revising, and consolidating

24  paperwork and data collection requirements and shall submit to

25  the district school board an annual report of its findings.

26         2.  With assistance from the commissioner, developing

27  systems compatibility between the state management information

28  system and unique local systems.

29         3.  Providing, with the assistance of the department,

30  inservice training dealing with management information system

31  purposes and scope, a method of transmitting input data, and

                                  21
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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  the use of output report information.

 2         4.  Establishing a plan for continuous review and

 3  evaluation of local management information system needs and

 4  procedures.

 5         5.  Advising the commissioner of all district

 6  management information needs.

 7         6.  Transmitting required data input elements to the

 8  appropriate processing locations in accordance with guidelines

 9  established by the commissioner.

10         7.  Determining required reports, comparisons, and

11  relationships to be provided to district school systems by the

12  system output reports, continuously reviewing these reports

13  for usefulness and meaningfulness, and submitting recommended

14  additions, deletions, and change requirements in accordance

15  with the guidelines established by the commissioner.

16         8.  Being responsible for the accuracy of all data

17  elements transmitted to the department.

18         (c)  It is the intent of the Legislature that the

19  expertise in the state system of public education, as well as

20  contracted services, be utilized to hasten the plan for full

21  implementation of a comprehensive management information

22  system.

23         Section 5.  Subsection (1) of section 229.565, Florida

24  Statutes, is amended to read:

25         229.565  Educational evaluation procedures.--

26         (1)  STUDENT PERFORMANCE STANDARDS.--

27         (a)  The State Board of Education shall approve student

28  performance standards in key academic subject areas and the

29  various program categories and chronological grade levels

30  which the Commissioner of Education designates as necessary

31  for maintaining a good educational system. The standards must

                                  22
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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  apply, without limitation, to language arts, mathematics,

 2  science, social studies, the arts, health and physical

 3  education, foreign language, reading, writing, history,

 4  government, geography, economics, and computer literacy.  The

 5  commissioner shall obtain opinions and advice from citizens,

 6  educators, and members of the business community in developing

 7  the standards. For purposes of this section, the term "student

 8  performance standard" means a statement describing a skill or

 9  competency students are expected to learn.

10         (b)  The student performance standards must address the

11  skills and competencies that a student must learn in order to

12  graduate from high school. The commissioner shall also develop

13  performance standards for students who learn a higher level of

14  skills and competencies.

15         Section 6.  Section 229.57, Florida Statutes, 1998

16  Supplement, is amended to read:

17         229.57  Student assessment program.--

18         (1)  PURPOSE.--The primary purposes purpose of the

19  statewide assessment program are is to provide information

20  needed to improve for the improvement of the public schools by

21  maximizing the learning gains of all students and to inform

22  parents of the educational progress of their public school

23  children.  The program must be designed to:

24         (a)  Assess the annual learning gains of each student

25  toward achieving the Sunshine State Standards appropriate for

26  the student's grade level.

27         (b)  Provide data for making decisions regarding school

28  accountability and recognition.

29         (c)(a)  Identify the educational strengths and needs of

30  students and the readiness of students to be promoted to the

31  next grade level or to graduate from high school with a

                                  23
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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  standard high school diploma.

 2         (d)(b)  Assess how well educational goals and

 3  performance standards are met at the school, district, and

 4  state levels.

 5         (e)(c)  Provide information to aid in the evaluation

 6  and development of educational programs and policies.

 7         (f)  Provide information on the performance of Florida

 8  students compared with others across the United States.

 9         (2)  ANNUAL PUPIL PROGRESS ASSESSMENT.--The Department

10  of Education shall develop a statistical assessment tool for

11  measuring pupil progress during a school year which shall be

12  used for the purposes of this act. As used in this subsection,

13  "pupil progress assessment" means a statistical system for

14  educational outcome assessment which:

15         (a)  Uses measures of student learning, such as the

16  FCAT, to determine teacher, school, and school district

17  statistical distributions, which distributions:

18         1.  Shall be determined using available data from the

19  FCAT, and other data collection as deemed appropriate by the

20  Department of Education, to measure the differences in student

21  prior year achievement against the current year achievement or

22  lack thereof, such that the "effects" of instruction to a

23  student by a teacher, school, and school district may be

24  estimated on a per-student and constant basis.

25         2.  Shall, to the extent possible, be able to be

26  expressed in linear scales such that the effects of ceiling

27  and floor dispersions are minimized.

28         (b)  The statistical system shall provide for an

29  approach which provides for best linear unbiased prediction

30  for the teacher, school, and school district effects on pupil

31  progress.  These estimates should adequately be able to

                                  24
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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  determine effects of and compare teachers who teach multiple

 2  subjects to the same groups of students, and team teaching

 3  situations where teachers teach a single subject to multiple

 4  groups of students, or other teaching situations as

 5  appropriate.

 6         1.  The department, in consultation with the Office of

 7  Program Policy Analysis and Government Accountability, and

 8  other sources as appropriate, shall use recognized approaches

 9  to statistical variance and estimating random effects.

10         2.  The approach used by the department shall be

11  approved by the State Board of Education before implementation

12  for pupil progression assessment.

13         (3)(2)  NATIONAL EDUCATION COMPARISONS.--It is

14  Florida's intent to participate in the measurement of national

15  educational goals set by the President and governors of the

16  United States.  The Commissioner of Education is directed to

17  provide for school districts to participate in the

18  administration of the National Assessment of Educational

19  Progress, or a similar national assessment program, both for

20  the national sample and for any state-by-state comparison

21  programs which may be initiated.  Such assessments must be

22  conducted using the data collection procedures, the student

23  surveys, the educator surveys, and other instruments included

24  in the National Assessment of Educational Progress or a

25  similar program.  The results of these assessments shall be

26  included in the annual report of the Commissioner of Education

27  specified in this section.  The administration of the National

28  Assessment of Educational Progress or a similar program shall

29  be in addition to and separate from the administration of the

30  statewide assessment program otherwise described in this

31  section.

                                  25
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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         (4)(3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner

 2  shall is directed to design and implement a statewide program

 3  of educational assessment that provides information for the

 4  improvement of the operation and management of the public

 5  schools. The program must be designed, as far as possible, so

 6  as not to conflict with ongoing district assessment programs

 7  and so as to use information obtained from district programs.

 8  Pursuant to the statewide assessment program, the commissioner

 9  shall:

10         (a)  Submit to the state board a list that specifies

11  student skills and competencies to which the goals for

12  education specified in the state plan apply, including, but

13  not limited to, reading, writing, science, and mathematics.

14  The skills and competencies must include problem-solving and

15  higher-order skills as appropriate and shall be known as the

16  Sunshine State Standards.  The commissioner shall select such

17  skills and competencies after receiving recommendations from

18  educators, citizens, and members of the business community.

19  The commissioner shall submit to the state board revisions to

20  the list of student skills and competencies in order to

21  maintain continuous progress toward improvements in student

22  proficiency.

23         (b)  Develop and implement a uniform system of

24  indicators to describe the performance of public school

25  students and the characteristics of the public school

26  districts and the public schools.  These indicators must

27  include, without limitation, information gathered by the

28  comprehensive management information system created pursuant

29  to s. 229.555 and student achievement information obtained

30  pursuant to this section.

31         (c)  Develop and implement a student achievement

                                  26
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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  testing program as part of the statewide assessment program,

 2  to be administered annually in grades 3 through 10 at

 3  designated times at the elementary, middle, and high school

 4  levels to measure reading, writing, science, and mathematics.

 5  The testing program must be designed so that:

 6         1.  The tests measure student skills and competencies

 7  adopted by the state board as specified in paragraph (a).  The

 8  tests must measure and report student proficiency levels in

 9  reading, writing, and mathematics. Science proficiency must be

10  measured statewide beginning in 2003. Other content areas may

11  be included as directed by the commissioner.  The commissioner

12  shall provide for the tests to be developed or obtained, as

13  appropriate, through contracts and project agreements with

14  private vendors, public vendors, public agencies,

15  postsecondary institutions, or school districts.  The

16  commissioner shall obtain input with respect to the design and

17  implementation of the testing program from state educators and

18  the public.

19         2.  The tests are a combination of norm-referenced and

20  criterion-referenced and include, to the extent determined by

21  the commissioner, items that require the student to produce

22  information or perform tasks in such a way that the skills and

23  competencies he or she uses can be measured.

24         3.  Each testing program, whether at the elementary,

25  middle, or high school level, includes a test of writing in

26  which students are required to produce writings which are then

27  scored by appropriate methods.

28         4.  A score is designated for each subject area tested,

29  below which score a student's performance is deemed

30  inadequate.  The school districts shall provide appropriate

31  remedial instruction to students who score below these levels.

                                  27
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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         5.  Except as provided in subparagraph 6., all 11th

 2  grade students take a high school competency test developed by

 3  the state board to test minimum student performance skills and

 4  competencies in reading, writing, and mathematics. The test

 5  must be based on the skills and competencies adopted by the

 6  state board pursuant to paragraph (a). Upon recommendation of

 7  the commissioner, the state board shall designate a passing

 8  score for each part of the high school competency test. In

 9  establishing passing scores, the state board shall consider

10  any possible negative impact of the test on minority students.

11  The commissioner may establish criteria whereby a student who

12  successfully demonstrates proficiency in either reading or

13  mathematics or both may be exempted from taking the

14  corresponding section of the high school competency test or

15  the college placement test.  A student must earn a passing

16  score or have been exempted from each part of the high school

17  competency test in order to qualify for a regular high school

18  diploma. The school districts shall provide appropriate

19  remedial instruction to students who do not pass part of the

20  competency test.

21         6.  Students who enroll in grade 9 in the fall of 1999

22  and thereafter must earn a passing score on the grade 10

23  assessment test described in this paragraph instead of the

24  high school competency test described in subparagraph 5. Such

25  students must earn a passing score in reading, writing, and

26  mathematics to qualify for a regular high school diploma. Upon

27  recommendation of the commissioner, the state board shall

28  designate a passing score for each part of the grade 10

29  assessment test. In establishing passing scores, the state

30  board shall consider any possible negative impact of the test

31  on minority students.

                                  28
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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         7.6.  Participation in the testing program is mandatory

 2  for all students, except as otherwise prescribed by the

 3  commissioner.  The commissioner shall recommend rules to the

 4  state board for the provision of test adaptations and

 5  modifications of procedures as necessary for students in

 6  exceptional education programs and for students who have

 7  limited English proficiency.

 8         8.7.  A student seeking an adult high school diploma

 9  must meet the same testing requirements that a regular high

10  school student must meet.

11         9.  School districts must provide instruction to

12  prepare students to demonstrate proficiency in the skills and

13  competencies necessary for successful grade-to-grade

14  progression and high school graduation. The commissioner shall

15  conduct studies as necessary to verify that the required

16  skills and competencies are part of the district instructional

17  programs.

18

19  The commissioner may design and implement student testing

20  programs for any grade level and subject area, based on

21  procedures designated by the commissioner to monitor

22  educational achievement in the state.

23         (d)  Obtain or develop a career planning assessment to

24  be administered to students, at their option, in grades 7 and

25  10 to assist them in preparing for further education or

26  entering the workforce.  The statewide student assessment

27  program must include career planning assessment.

28         (d)(e)  Conduct ongoing research to develop improved

29  methods of assessing student performance, including, without

30  limitation, the use of technology to administer tests, the use

31  of electronic transfer of data, the development of

                                  29
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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  work-product assessments, and the development of process

 2  assessments.

 3         (e)(f)  Conduct ongoing research and analysis of

 4  student achievement data, including, without limitation,

 5  monitoring trends in student achievement, identifying school

 6  programs that are successful, and analyzing correlates of

 7  school achievement.

 8         (f)(g)  Provide technical assistance to school

 9  districts in the implementation of state and district testing

10  programs and the use of the data produced pursuant to such

11  programs.

12         (5)(4)  DISTRICT TESTING PROGRAMS.--Each district shall

13  periodically assess student performance and achievement within

14  each school of the district. The assessment programs must be

15  based upon local goals and objectives that are compatible with

16  the state plan for education and that supplement the skills

17  and competencies adopted by the State Board of Education. All

18  school districts must participate in the state assessment

19  program designed to measure annual student learning and school

20  performance. All school districts shall report assessment

21  results as required by the management information system. In

22  grades 4 and 8, each district shall administer a nationally

23  normed achievement test selected from a list approved by the

24  state board; the data resulting from these tests must be

25  provided to the Department of Education according to

26  procedures specified by the commissioner.  The commissioner

27  may request achievement data for other grade levels as

28  necessary.

29         (6)(5)  SCHOOL TESTING PROGRAMS.--Each public school,

30  unless specifically exempted by state board rule based on

31  serving a specialized population for which standardized

                                  30
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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  testing is not appropriate, shall participate in the state

 2  assessment program. Student performance data shall be analyzed

 3  and reported to parents, the community, and the state. Student

 4  performance data shall be used in developing objectives of the

 5  school improvement plan, evaluation of instructional

 6  personnel, evaluation of administrative personnel, assignment

 7  of staff, allocation of resources, acquisition of

 8  instructional materials and technology, performance-based

 9  budgeting, and promotion and assignment of students into

10  educational programs administering an achievement test,

11  whether at the elementary, middle, or high school level, and

12  each public school administering the high school competency

13  test, shall prepare an analysis of the resultant data after

14  each administration.  The analysis of student performance data

15  also must identify strengths and needs in the educational

16  program and trends over time.  The analysis must be used in

17  conjunction with the budgetary planning processes developed

18  pursuant to s. 229.555 and the development of the programs of

19  remediation described in s. 233.051.

20         (7)(6)  ANNUAL REPORTS.--The commissioner shall prepare

21  annual reports of the results of the statewide assessment

22  program which describe student achievement in the state, each

23  district, and each school.  The commissioner shall prescribe

24  the design and content of these reports, which must include,

25  without limitation, descriptions of the performance of all

26  schools participating in the assessment program and all of

27  their major student populations as determined by the

28  Commissioner of Education, and must also include the median

29  scores of all eligible students who scored at or in the lowest

30  25th percentile of the state in the previous school year,

31  provided, however, that the provisions of s. 228.093

                                  31
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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  pertaining to student records apply to this section students

 2  at both low levels and exemplary levels, as well as the

 3  performance of students scoring in the middle 50 percent of

 4  the test population. Until such time as annual assessments

 5  prescribed in this section are fully implemented, annual

 6  reports shall include student performance data based on

 7  existing assessments.

 8         (8)  SCHOOL PERFORMANCE GRADE CATEGORIES.--Beginning

 9  with the 1998-1999 school year's student and school

10  performance data, the annual report shall identify schools as

11  being in one of the following grade categories defined

12  according to rules of the state board:

13         (a)  "A," schools making excellent progress.

14         (b)  "B," schools making above average progress.

15         (c)  "C," schools making satisfactory progress.

16         (d)  "D," schools making less than satisfactory

17  progress.

18         (e)  "F," schools failing to make adequate progress.

19         (9)  DESIGNATION OF SCHOOL PERFORMANCE GRADE

20  CATEGORIES.--School performance grade category designations

21  itemized in subsection (8) shall be based on the following:

22         (a)  Timeframes.--

23         1.  School performance grade category designations

24  shall be based on one school year of performance.

25         2.  In school years 1998-1999 and 1999-2000, a school's

26  performance grade category designation shall be determined by

27  the student achievement levels on the FCAT, and on other

28  appropriate performance data, including, but not limited to,

29  attendance, dropout rate, school discipline data, and student

30  readiness for college, in accordance with state board rule.

31         3.  Beginning with the 2000-2001 school year, a

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  school's performance grade category designation shall be based

 2  on a combination of student achievement scores as measured by

 3  the FCAT, on the degree of measured learning gains of the

 4  students, and on other appropriate performance data,

 5  including, but not limited to, attendance, dropout rate,

 6  school discipline data, cohort graduation rate, and student

 7  readiness for college.

 8         4.  Beginning with the 2001-2002 school year and

 9  thereafter, a school's performance grade category designation

10  shall be based on student learning gains as measured by annual

11  FCAT assessments in grades 3 through 10, and on other

12  appropriate performance data, including, but not limited to,

13  attendance, dropout rate, school discipline data, the

14  availability of adequate and appropriate textbooks and

15  instructional materials for each student, and student

16  readiness for college.

17

18  For the purpose of implementing ss. 229.0535 and 229.0537, if

19  any school of the 4 schools that were identified as critically

20  low performing, based on both 1996-1997 and 1997-1998 school

21  performance data and state board adopted criteria, receives a

22  performance grade category designation of "F" based on

23  1998-1999 school performance data, that school shall be

24  considered as having failed to make adequate progress for 2

25  years in a 4-year period. All other schools that receive a

26  performance grade category designation of "F" based on

27  1998-1999 school performance data shall be considered as

28  having failed to make adequate progress for 1 year.

29         (b)  Student assessment data.--Student assessment data

30  used in determining school performance grade categories shall

31  include:

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         1.  The median scores of all eligible students enrolled

 2  in the school.

 3         2.  The median scores of all eligible students enrolled

 4  in the school who have scored at or in the lowest 25th

 5  percentile of the state in the previous school year.

 6         3.  In schools with a student mobility rate of 50

 7  percent or more per year, only the median assessment scores of

 8  students who have been enrolled in the school for more than

 9  one year will be used in determining the school's performance

10  grade category.

11

12  The state board shall adopt appropriate criteria for each

13  school performance grade category so as to ensure that school

14  performance grade category designations reflect each school's

15  accountability for the learning of all students in the school.

16  The criteria must also give added weight to student

17  achievement in reading. Schools designated as performance

18  grade category "C," making satisfactory progress, shall be

19  required to demonstrate that adequate progress has been made

20  by students who have scored among the lowest 25 percent of

21  students in the state as well as by the overall population of

22  students in the school.

23         (10)  SCHOOl IMPROVEMENT RATINGS.--Beginning with the

24  1999-2000 school year's student and school performance data,

25  the annual report shall identify each school's performance as

26  having improved, remained the same, or declined. This school

27  improvement rating shall be based on a comparison of the

28  current year's and previous year's student and school

29  performance data. Schools that improve at least one

30  performance grade category are eligible for school recognition

31  awards pursuant to s. 231.2905.

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         (11)  SCHOOl PERFORMANCE GRADE CATEGORY AND IMPROVEMENT

 2  RATING REPORTS.--School performance grade category

 3  designations and improvement ratings shall apply to each

 4  school's performance for the year in which performance is

 5  measured. Each school's designation and rating shall be

 6  published annually by the Department of Education and the

 7  school district. Parents and guardians shall be entitled to an

 8  easy-to-read report card about the designation and rating of

 9  the school in which their child is enrolled. The address of

10  the parent's or guardian's local school board and State

11  Department of Education shall be included on the report card.

12  The report shall include a statement established by the

13  Commissioner of Education which serves to encourage the

14  student's parent or guardian to make recommendations or

15  provide comments to the Department of Education and their

16  local school board regarding the report card and the plight of

17  their child's school. The Department of Education and the

18  school district shall review parent feedback and shall

19  annually produce a report to the Legislature concerning the

20  parent feedback.

21         (12)  STATEWIDE ASSESSMENTS.--The Department of

22  Education is authorized, subject to appropriation, to

23  negotiate a multi-year contract for the development, field

24  testing, and implementation of annual assessments of students

25  in grades 3 through 10. Such assessments must comply with the

26  following criteria:

27         (a)  Assessments for each grade level shall be capable

28  of measuring each student's mastery of the Sunshine State

29  Standards for that grade level and above.

30         (b)  Assessments shall be capable of measuring the

31  annual progress each student makes in mastering the Sunshine

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  State Standards.

 2         (c)  Assessments shall include measures in reading and

 3  mathematics in each grade level and must include writing and

 4  science in grades 4, 8, and 10. Science assessment is to begin

 5  statewide in 2003.

 6         (d)  Assessments shall include a norm-referenced

 7  subtest that allows for comparisons of Florida students with

 8  the performance of students nationally.

 9         (e)  The annual testing program shall be administered

10  to provide for valid statewide comparisons of learning gains

11  to be made for purposes of accountability and recognition.

12  Annual assessments that do not contain performance items shall

13  be administered no earlier than March of each school year,

14  with results being returned to schools prior to the end of the

15  academic year.  Subtests that contain performance items may be

16  given earlier than March, provided that the remaining subtests

17  are sufficient to provide valid data on comparisons of student

18  learning from year to year.  The time of administration shall

19  be aligned such that a comparable amount of instructional time

20  is measured in all school districts.  District school boards

21  shall not establish school calendars that jeopardize or limit

22  the valid testing and comparison of student learning gains.

23         (f)  Assessments shall be implemented statewide no

24  later than the spring of the 2000-2001 school year.

25         (13)  LOCAl ASSESSMENTS.--Measurement of the learning

26  gains of students in all subjects other than subjects required

27  for the state assessment program is the responsibility of the

28  school districts.

29         (14)(7)  APPLICABILITY OF TESTING STANDARDS.--A student

30  must meet the testing requirements for high school graduation

31  which were in effect at the time the student entered 9th

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  grade, provided the student's enrollment was continuous.

 2         (15)(8)  RULES.--The State Board of Education shall

 3  adopt rules pursuant to ss. 120.536(1) and 120.54 as necessary

 4  to implement the provisions of this section.

 5         (16)  PERFORMANCE-BASED FUNDING.--The Legislature may

 6  factor-in the performance of schools in calculating any

 7  performance-based-funding policy that is provided for in the

 8  annual General Appropriations Act.

 9         Section 7.  Section 229.58, Florida Statutes, 1998

10  Supplement, is amended to read:

11         229.58  District and school advisory councils.--

12         (1)  ESTABLISHMENT.--

13         (a)  The school board shall establish an advisory

14  council for each school in the district, and shall develop

15  procedures for the election and appointment of advisory

16  council members. Each school advisory council shall include in

17  its name the words "school advisory council." The school

18  advisory council shall be the sole body responsible for final

19  decisionmaking at the school relating to implementation of the

20  provisions of ss. 229.591, 229.592, and 230.23(16). A majority

21  of the members of each school advisory council must be persons

22  who are not employed by the school. Each advisory council

23  shall be composed of the principal and an appropriately

24  balanced number of teachers, education support employees,

25  students, parents, and other business and community citizens

26  who are representative of the ethnic, racial, and economic

27  community served by the school.  Vocational-technical center

28  and high school advisory councils shall include students, and

29  middle and junior high school advisory councils may include

30  students.  School advisory councils of vocational-technical

31  and adult education centers are not required to include

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  parents as members.  Council members representing teachers,

 2  education support employees, students, and parents shall be

 3  elected by their respective peer groups at the school in a

 4  fair and equitable manner as follows:

 5         1.  Teachers shall be elected by teachers.

 6         2.  Education support employees shall be elected by

 7  education support employees.

 8         3.  Students shall be elected by students.

 9         4.  Parents shall be elected by parents.

10

11  The school board shall establish procedures for use by schools

12  in selecting business and community members. Such procedures

13  shall include means of ensuring wide notice of vacancies and

14  for taking input on possible members from local business,

15  chambers of commerce, community and civic organizations and

16  groups, and the public at large. The school board shall review

17  the membership composition of each advisory council.  Should

18  the school board determine that the membership elected by the

19  school is not representative of the ethnic, racial, and

20  economic community served by the school, the board shall

21  appoint additional members to achieve proper representation.

22  The Commissioner of Florida Commission on Education Reform and

23  Accountability shall serve as a review body to determine if

24  schools have maximized their efforts to include on their

25  advisory councils minority persons and persons of lower

26  socioeconomic status. Although schools should be strongly

27  encouraged to establish school advisory councils, any school

28  district that has a student population of 10,000 or fewer may

29  establish a district advisory council which shall include at

30  least one duly elected teacher from each school in the

31  district.  For the purposes of school advisory councils and

                                  38
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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  district advisory councils, the term "teacher" shall include

 2  classroom teachers, certified student services personnel, and

 3  media specialists.  For purposes of this paragraph, "education

 4  support employee" means any person employed by a school who is

 5  not defined as instructional or administrative personnel

 6  pursuant to s. 228.041 and whose duties require 20 or more

 7  hours in each normal working week.

 8         (b)  The school board may establish a district advisory

 9  council representative of the district and composed of

10  teachers, students, parents, and other citizens or a district

11  advisory council which may be comprised of representatives of

12  each school advisory council.  Recognized schoolwide support

13  groups which meet all criteria established by law or rule may

14  function as school advisory councils.

15         (2)  DUTIES.--Each advisory council shall perform such

16  functions as are prescribed by regulations of the  school

17  board; however, no advisory council shall have any of the

18  powers and duties now reserved by law to the school board.

19  Each school advisory council shall assist in the preparation

20  and evaluation of the school improvement plan required

21  pursuant to s. 230.23(16). By the 1999-2000 academic year,

22  with technical assistance from the Department of Education,

23  each school advisory council shall assist in the preparation

24  of the school's annual budget and plan as required by s.

25  229.555(1). A portion of funds provided in the annual General

26  Appropriations Act for use by school advisory councils must be

27  used for implementing the school improvement plan.

28         Section 8.  Section 229.591, Florida Statutes, 1998

29  Supplement, is amended to read:

30         229.591  Comprehensive revision of Florida's system of

31  school improvement and education accountability.--

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         (1)  INTENT.--The Legislature recognizes that the

 2  children and youth of the state are its future and its most

 3  precious resource.  To provide these developing citizens with

 4  the sound education needed to grow to a satisfying and

 5  productive adulthood, the Legislature intends that, by the

 6  year 2000, Florida establish a system of school improvement

 7  and education accountability based on the performance of

 8  students and educational programs. The intent of the

 9  Legislature is to provide clear guidelines for achieving this

10  purpose and for returning the responsibility for education to

11  those closest to the students, their that is the schools,

12  teachers, and parents.  The Legislature recognizes, however,

13  its ultimate responsibility and that of the Governor, the

14  Commissioner of Education, and the State Board of Education

15  and other state policymaking bodies in providing the strong

16  leadership needed to forge a new concept of school improvement

17  and in making adequate provision by law provisions for a

18  uniform, efficient, safe, secure, and high-quality system of

19  free public schools as required by s. 1, Art. IX of the State

20  Constitution. It is further the intent of the Legislature to

21  build upon the foundation established by the Educational

22  Accountability Act of 1976 and to implement a program of

23  education accountability and school improvement based upon the

24  achievement of state goals, recognizing the State Board of

25  Education as the body corporate responsible for the

26  supervision of the system of public education, the district

27  school board as responsible for school and student

28  performance, and the individual school as the unit for

29  education accountability.

30         (2)  REQUIREMENTS.--Florida's system for school

31  improvement and education accountability shall:

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         (a)  Establish state and local educational goals.

 2         (b)  Increase the use of educational outcomes over

 3  educational processes in assessing educational programs.

 4         (c)  Redirect state fiscal and human resources to

 5  assist school districts and schools to meet state and local

 6  goals for student success in school and in later life.

 7         (d)  Provide methods for measuring, and public

 8  reporting of, state, school district, and individual school

 9  progress toward the education goals.

10         (e)  Recognize successful schools.

11         (f)  Provide for Ensure that unsuccessful schools

12  designated as performance grade category "D" or "F" to receive

13  are provided assistance and intervention sufficient to attain

14  adequate such that improvement occurs, and provide further

15  ensure that action that should occur when schools do not

16  improve.

17         (g)  Provide that parents or guardians are not required

18  to send their children to schools that have been designated in

19  performance grade category "F," failing to make adequate

20  progress, as defined in state board rule, for two school years

21  in a 4-year period.

22         (3)  EDUCATION GOALS.--The state as a whole shall work

23  toward the following goals:

24         (a)  Readiness to start school.--Communities and

25  schools collaborate in a statewide comprehensive school

26  readiness program to prepare children and families for

27  children's success in school.

28         (b)  Graduation rate and readiness for postsecondary

29  education and employment.--Students graduate and are prepared

30  to enter the workforce and postsecondary education.

31         (c)  Student performance.--Students make annual

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  learning gains sufficient to acquire the knowledge, skills,

 2  and competencies needed to master state standards,

 3  successfully compete at the highest levels nationally and

 4  internationally, and be are prepared to make well-reasoned,

 5  thoughtful, and healthy lifelong decisions.

 6         (d)  Learning environment.--School boards provide a

 7  learning environment conducive to teaching and learning, in

 8  which education programs are based on student performance

 9  data, and which strive to eliminate achievement gaps by

10  improving the learning of all students.

11         (e)  School safety and environment.--Communities and

12  schools provide an environment that is drug-free and protects

13  students' health, safety, and civil rights.

14         (f)  Teachers and staff.--The schools, district, all

15  postsecondary institutions, and state work collaboratively to

16  provide ensure professional teachers and staff who possess the

17  competencies and demonstrate the performance needed to

18  maximize learning among all students.

19         (g)  Adult literacy.--Adult Floridians are literate and

20  have the knowledge and skills needed to compete in a global

21  economy, prepare their children for success in school, and

22  exercise the rights and responsibilities of citizenship.

23         (h)  Parental, family, and community

24  involvement.--Communities, school boards, and schools provide

25  opportunities for involving parents, families, and guardians,

26  and other community stakeholders as collaborative active

27  partners in achieving school improvement and education

28  accountability. The State Board of Education shall adopt

29  standards for indicating progress toward this state education

30  goal by January 1, 1997.

31         Section 9.  Section 229.592, Florida Statutes, 1998

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  Supplement, is amended to read:

 2         229.592  Implementation of state system of school

 3  improvement and education accountability.--

 4         (1)  DEVELOPMENT.--It is the intent of the Legislature

 5  that every public school in the state shall have a school

 6  improvement plan, as required by s. 230.23(16), fully

 7  implemented and operational by the beginning of the 1993-1994

 8  school year.  Vocational standards considered pursuant to s.

 9  239.229 shall be incorporated into the school improvement plan

10  for each area technical center operated by a school board by

11  the 1994-1995 school year, and area technical centers shall

12  prepare school report cards incorporating such standards,

13  pursuant to s. 230.23(16), for the 1995-1996 school year.  In

14  order to accomplish this, the Florida Commission on Education

15  Reform and Accountability and the school districts and schools

16  shall carry out the duties assigned to them by ss. 229.594 and

17  230.23(16), respectively.

18         (2)  ESTABLISHMENT.--Based upon the recommendations of

19  the Florida Commission on Education Reform and Accountability,

20  the Legislature may enact such laws as it considers necessary

21  to establish and maintain a state system of school improvement

22  and accountability.  If, after considering the recommendations

23  of the commission, the Legislature determines an adequate

24  system of accountability to be in place to protect the public

25  interest, the Legislature may repeal or revise laws, including

26  fiscal policies, deemed to stand in the way of school

27  improvement.

28         (3)  COMMISSIONER.--The commissioner shall be

29  responsible for implementing and maintaining a system of

30  intensive school improvement and stringent education

31  accountability, which shall include policies and programs

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  based on the recommendations of the Florida Commission on

 2  Education Reform and Accountability to.

 3         (a)  Based on the recommendations of The Florida

 4  Commission on Education Reform and Accountability, the

 5  commissioner shall develop and implement the following

 6  programs and procedures:

 7         (a)1.  A system of data collection and analysis that

 8  will improve information about the educational success of

 9  individual students and schools. The information and analyses

10  must be capable of identifying educational programs or

11  activities in need of improvement, and reports prepared

12  pursuant to this paragraph subparagraph shall be distributed

13  to the appropriate school boards prior to distribution to the

14  general public.  This provision shall not preclude access to

15  public records as provided in chapter 119.

16         (b)2.  A program of school improvement that will

17  analyze information to identify schools, educational programs,

18  or educational activities in need of improvement.

19         (c)3.  A method of delivering services to assist school

20  districts and schools to improve.

21         (d)4.  A method of coordinating with the state

22  educational goals and school improvement plans any other state

23  program that creates incentives for school improvement.

24         (4)(b)  The commissioner shall be held responsible for

25  the implementation and maintenance of the system of school

26  improvement and education accountability outlined in this

27  section subsection.  There shall be an annual determination of

28  whether adequate progress is being made toward implementing

29  and maintaining a system of school improvement and education

30  accountability.

31         (5)(c)  The annual feedback report shall be developed

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  by the commission and the Department of Education.

 2         (6)(d)  The commissioner and the commission shall

 3  review each school board's feedback report and submit its

 4  findings to the State Board of Education.  If adequate

 5  progress is not being made toward implementing and maintaining

 6  a system of school improvement and education accountability,

 7  the State Board of Education shall direct the commissioner to

 8  prepare and implement a corrective action plan. The

 9  commissioner and State Board of Education shall monitor the

10  development and implementation of the corrective action plan.

11         (7)(e)  As co-chair of the Florida Commission on

12  Education Reform and Accountability,  The commissioner shall

13  appear before the appropriate committees of the Legislature

14  annually in October to report to the Legislature and recommend

15  changes in state policy necessary to foster school improvement

16  and education accountability. The report shall reflect the

17  recommendations of the Florida Commission on Education Reform

18  and Accountability. Included in the report shall be a list of

19  the schools for which school boards have developed assistance

20  and intervention plans and an analysis of the various

21  strategies used by the school boards. School reports shall be

22  distributed pursuant to this paragraph and s. 230.23(16)(e)

23  according to guidelines adopted by the State Board of

24  Education.

25         (8)(4)  DEPARTMENT.--

26         (a)  The Department of Education shall implement a

27  training program to develop among state and district educators

28  a cadre of facilitators of school improvement.  These

29  facilitators shall assist schools and districts to conduct

30  needs assessments and develop and implement school improvement

31  plans to meet state goals.

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         (b)  Upon request, the department shall provide

 2  technical assistance and training to any school, school

 3  advisory council, district, or school board for conducting

 4  needs assessments, developing and implementing school

 5  improvement plans, developing and implementing assistance and

 6  intervention plans, or implementing other components of school

 7  improvement and accountability. Priority for these services

 8  shall be given to schools designated as performance grade

 9  category "D" or "F" and school districts in rural and sparsely

10  populated areas of the state.

11         (c)  Pursuant to s. 24.121(5)(d), the department shall

12  not release funds from the Educational Enhancement Trust Fund

13  to any district in which a school does not have an approved

14  school improvement plan, pursuant to s. 230.23(16), after 1

15  full school year of planning and development, or does not

16  comply with school advisory council membership composition

17  requirements pursuant to s. 229.58(1). The department shall

18  send a technical assistance team to each school without an

19  approved plan to develop such school improvement plan or to

20  each school without appropriate school advisory council

21  membership composition to develop a strategy for corrective

22  action.  The department shall release the funds upon approval

23  of the plan or upon establishment of a plan of corrective

24  action. Notice shall be given to the public of the

25  department's intervention and shall identify each school

26  without a plan or without appropriate school advisory council

27  membership composition.

28         (9)(5)  STATE BOARD.--The State Board of Education

29  shall adopt rules pursuant to ss. 120.536(1) and 120.54

30  necessary to implement a state system of school improvement

31  and education accountability and shall specify required annual

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  reports by schools and school districts. Such rules must be

 2  based on recommendations of the Commission on Education Reform

 3  and Accountability and must include, but need not be limited

 4  to, a requirement that each school report identify the annual

 5  Education Enhancement Trust Fund allocations to the district

 6  and the school and how those allocations were used for

 7  educational enhancement and supporting school improvement.

 8         (10)(6)  EXCEPTIONS TO LAW.--To facilitate innovative

 9  practices and to allow local selection of educational methods,

10  the commissioner may waive, upon the request of a school

11  board, requirements of chapters 230 through 239 of the Florida

12  School Code that relate to instruction and school operations,

13  except those pertaining to civil rights, and student health,

14  safety, and welfare. The Commissioner of Education is not

15  authorized to grant waivers for any provisions of law

16  pertaining to the allocation and appropriation of state and

17  local funds for public education; the election, compensation,

18  and organization of school board members and superintendents;

19  graduation and state accountability standards; financial

20  reporting requirements; public meetings; public records; or

21  due process hearings governed by chapter 120. Prior to

22  approval, the commissioner shall report pending waiver

23  requests to the state board on a monthly basis, and shall,

24  upon request of any state board member, bring a waiver request

25  to the state board for consideration. If, within 2 weeks of

26  receiving the report, no member requests that a waiver be

27  considered by the state board, the commissioner may act on the

28  original waiver request. No later than January 1 of each year,

29  the commissioner shall report to the President and Minority

30  Leader of the Senate and the Speaker and Minority Leader of

31  the House of Representatives all approved waiver requests in

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  the preceding year.

 2         (a)  Graduation requirements in s. 232.246 must be met

 3  by demonstrating performance of intended outcomes for any

 4  course in the Course Code Directory unless a waiver is

 5  approved by the commissioner. In developing procedures for

 6  awarding credits based on performance outcomes, districts may

 7  request waivers from State Board of Education rules relating

 8  to curriculum frameworks and credits for courses and programs

 9  in the Course Code Directory. Credit awarded for a course or

10  program beyond that allowed by the Course Code Directory

11  counts as credit for electives. Upon request by any school

12  district, the commissioner shall evaluate and establish

13  procedures for variations in academic credits awarded toward

14  graduation by a high school offering six periods per day

15  compared to those awarded by high schools operating on other

16  schedules.

17         1.  A school board may originate a request for waiver

18  and submit the request to the commissioner if such a waiver is

19  required to implement districtwide improvements.

20         2.  A school board may submit a request to the

21  commissioner for a waiver if such request is presented to the

22  school board by a school advisory council established pursuant

23  to s. 229.58 and if such a waiver is required to implement a

24  school improvement plan required by s. 230.23(16). The school

25  board shall report annually to the Florida Commission on

26  Education Reform and Accountability, in conjunction with the

27  feedback report required pursuant to this section subsection

28  (3), the number of waivers requested by school advisory

29  councils, the number of such waiver requests approved and

30  submitted to the commissioner, and the number of such waiver

31  requests not approved and not submitted to the commissioner.

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  For each waiver request not approved, the school board shall

 2  report the statute or rule for which the waiver was requested,

 3  the rationale for the school advisory council request, and the

 4  reason the request was not approved.

 5         3.  When approved by the commissioner, a waiver

 6  requested under this paragraph is effective for a 5-year

 7  period.

 8         (b)  Notwithstanding the provisions of chapter 120 and

 9  for the purpose of implementing this subsection, the

10  commissioner may waive State Board of Education rules if the

11  school board has submitted a written request to the

12  commissioner for approval pursuant to this subsection.

13         (c)  The written request for waiver of statute or rule

14  must indicate at least how the general statutory purpose will

15  be met, how granting the waiver will assist schools in

16  improving student outcomes related to the student performance

17  standards adopted by the state board pursuant to subsection

18  (5), and how student improvement will be evaluated and

19  reported. In considering any waiver, The commissioner shall

20  not grant any waiver that would impair the ensure protection

21  of the health, safety, welfare, or and civil rights of the

22  students or the and protection of the public interest.

23         (d)  Upon denying a request for a waiver, the

24  commissioner must state with particularity the grounds or

25  basis for the denial. The commissioner shall report the

26  specific statutes and rules for which waivers are requested

27  and the number and disposition of such requests to the

28  Legislature, the State Board of Education, and the Florida

29  Commission on Education Reform and Accountability for use in

30  determining which statutes and rules stand in the way of

31  school improvement.

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         (e)1.  Schools designated in performance grade category

 2  "A," making excellent progress, shall, if requested by the

 3  school, be given deregulated status as specified in s.

 4  228.0565(5), (7), (8), (9), and (10).

 5         2.  Schools that have improved at least two performance

 6  grade categories and that meet the criteria of the Florida

 7  School Recognition Program pursuant to s. 231.2905 may be

 8  given deregulated status as specified in s. 228.0565(5), (7),

 9  (8), (9), and (10).

10         Section 10.  Subsection (5) of section 229.595, Florida

11  Statutes, is amended to read:

12         229.595  Implementation of state system of education

13  accountability for school-to-work transition.--

14         (5)  Prior to each student's graduation from high

15  school, the school shall Any assessment required for student

16  receipt of a high school diploma shall include items designed

17  to assess the student's student preparation to enter the

18  workforce and provide the student and the student's parent or

19  guardian with the results of such assessment. The Commissioner

20  of Florida Commission on Education Reform and Accountability

21  shall identify the employability skills associated with

22  successful entry into the workforce from which such items

23  shall be derived.

24         Section 11.  Paragraphs (c) and (g) of subsection (5),

25  paragraph (b) of subsection (7), and subsections (16) and (17)

26  of section 230.23, Florida Statutes, 1998 Supplement, are

27  amended, present subsection (18) is amended and renumbered as

28  subsection (20), and new subsections (18) and (19) are added

29  to that section, to read:

30         230.23  Powers and duties of school board.--The school

31  board, acting as a board, shall exercise all powers and

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  perform all duties listed below:

 2         (5)  PERSONNEL.--Designate positions to be filled,

 3  prescribe qualifications for those positions, and provide for

 4  the appointment, compensation, promotion, suspension, and

 5  dismissal of employees as follows, subject to the requirements

 6  of chapter 231:

 7         (c)  Compensation and salary schedules.--Adopt a salary

 8  schedule or salary schedules designed to furnish incentives

 9  for improvement in training and for continued efficient

10  service to be used as a basis for paying all school employees,

11  such schedules to be arranged, insofar as practicable, so as

12  to furnish incentive for improvement in training and for

13  continued and efficient service and fix and authorize the

14  compensation of school employees on the basis thereof of such

15  schedules. A district school board, in determining the salary

16  schedule for instructional personnel, must base a portion of

17  each employee's compensation on performance demonstrated under

18  s. 231.29 and must consider the prior teaching experience of a

19  person who has been designated state teacher of the year by

20  any state in the United States. In developing the salary

21  schedule, the school board shall seek input from parents,

22  teachers, and representatives of the business community. By

23  June 30, 2002, the salary schedule adopted by the school board

24  must base at least 5 percent of the salary of school

25  administrators and instructional personnel on annual

26  performance measured under s. 231.29. The district's

27  performance-pay policy is subject to negotiation as provided

28  in chapter 447; however, the adopted salary schedule must

29  allow employees who demonstrate outstanding performance to

30  earn 5 percent of their individual salary. The Commissioner of

31  Education shall determine whether the board's adopted salary

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  schedule complies with the requirement for performance-based

 2  pay. If the board fails to comply by June 30, 2002, the

 3  commissioner shall withhold disbursements from the Educational

 4  Enhancement Trust Fund to the district until compliance is

 5  verified.

 6         (g)  Awards and incentives.--Provide for recognition of

 7  district employees, students, school volunteers, and or

 8  advisory committee members who have contributed outstanding

 9  and meritorious service in their fields or service areas.

10  After considering recommendations of the superintendent, the

11  board shall adopt rules establishing and regulating the

12  meritorious service awards necessary for the efficient

13  operation of the program. An award or incentive granted under

14  this paragraph may not be considered in determining the salary

15  schedules required by paragraph (c). Monetary awards shall be

16  limited to persons who propose procedures or ideas which are

17  adopted by the board and which will result in eliminating or

18  reducing school board expenditures or improving district or

19  school center operations.  Nonmonetary awards shall include,

20  but are need not be limited to, certificates, plaques, medals,

21  ribbons, and photographs.  The school board may is authorized

22  to expend funds for such recognition and awards.  No award

23  granted under the provisions of this paragraph shall exceed

24  $2,000 or 10 percent of the first year's gross savings,

25  whichever is greater.

26         (7)  COURSES OF STUDY AND OTHER INSTRUCTIONAL

27  AIDS.--Provide adequate instructional aids for all children as

28  follows and in accordance with the requirements of chapter

29  233.

30         (b)  Textbooks.--Provide for proper requisitioning,

31  distribution, accounting, storage, care, and use of all

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  instructional materials textbooks and other books furnished by

 2  the state and furnish such other instructional materials

 3  textbooks and library books as may be needed. The school board

 4  is responsible for assuring that instructional materials used

 5  in the district are consistent with the district goals and

 6  objectives and the curriculum frameworks approved by the State

 7  Board of Education, as well as with the state and district

 8  performance standards provided for in ss. 229.565 and

 9  232.2454.

10         (16)  IMPLEMENT SCHOOL IMPROVEMENT AND

11  ACCOUNTABILITY.--Maintain a system of school improvement and

12  education accountability as provided by statute and State

13  Board of Education rule. This system of school improvement and

14  education accountability shall be consistent with, and

15  implemented through, the district's continuing system of

16  planning and budgeting required by this section and ss.

17  229.555 and 237.041. This system of school improvement and

18  education accountability shall include, but is not be limited

19  to, the following:

20         (a)  School improvement plans.--Annually approve and

21  require implementation of a new, amended, or continuation

22  school improvement plan for each school in the district.  Such

23  plan shall be designed to achieve the state education goals

24  and student performance standards pursuant to ss. 229.591(3)

25  and 229.592. Beginning in 1999-2000, each plan shall also

26  address issues relative to budget, training, instructional

27  materials, technology, staffing, student support services,

28  specific school safety and discipline strategies, and other

29  matters of resource allocation, as determined by school board

30  policy, and shall be based on an analysis of student

31  achievement and other school performance data.

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         (b)  Approval process.--Develop a process for approval

 2  of a school improvement plan presented by an individual school

 3  and its advisory council. In the event a board does not

 4  approve a school improvement plan after exhausting this

 5  process, the Department of Education Florida Commission on

 6  Education Reform and Accountability shall be notified of the

 7  need for assistance.

 8         (c)  Assistance and intervention.--Develop a 2-year

 9  3-year plan of increasing individualized assistance and

10  intervention for each school in danger of that does not

11  meeting state standards meet or making make adequate progress,

12  based upon the recommendations of the commission, as defined

13  pursuant to statute and State Board of Education rule, toward

14  meeting the goals and standards of its approved school

15  improvement plan.  A school that is identified as being in

16  performance grade category "D" pursuant to s. 229.57 is in

17  danger of failing and must be provided assistance and

18  intervention.

19         (d)  After 2 3 years.--Notify the Commissioner of

20  Florida Commission on Education Reform and Accountability and

21  the State Board of Education in the event any school does not

22  make adequate progress toward meeting the goals and standards

23  of a school improvement plan by the end of 2 3 consecutive

24  years of failing to make adequate progress district assistance

25  and intervention and proceed according to guidelines developed

26  pursuant to statute and State Board of Education rule. School

27  districts shall provide intervention and assistance to schools

28  in danger of being designated as performance grade category

29  "F," failing to make adequate progress.

30         (e)  Public disclosure.--Provide information regarding

31  performance of students and educational programs as required

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  pursuant to ss. s. 229.555 and 229.57(5) and implement a

 2  system of school reports as required by statute and State

 3  Board of Education rule. Annual public disclosure reports

 4  shall be in an easy-to-read report card format, and shall

 5  include the school's student and school performance grade

 6  category designation and performance data as specified in

 7  state board rule. The address of the parent's or guardian's

 8  local school board and State Department of Education shall be

 9  included on the report card. The report shall include a

10  statement established by the Commissioner of Education which

11  serves to encourage the student's parent or guardian to make

12  recommendations or provide comments to the Department of

13  Education and their local school board regarding the report

14  card and the plight of their child's school. The Department of

15  Education and the school district shall review parent feedback

16  and shall annually produce a report to the Legislature

17  concerning the parent feedback.

18         1.  The report cards shall also include, but are not

19  limited to:

20         a.  The percentage of limited English proficient

21  students;

22         b.  The per pupil expenditures and state aid ratio;

23         c.  The percentage of budget allocated to salaries and

24  benefits of administrative personnel;

25         d.  The percentage of budget allocated for salaries and

26  benefits of teachers;

27         e.  The percentage of increase over the previous year

28  for salaries and benefits of administrative and instructional

29  personnel; and

30         f.  The number of administrative personnel to

31  instructional personnel.

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         2.  The school report card shall include, for purposes

 2  of comparison and review, the statewide average for each

 3  element reported by school and a comparison of the district

 4  averages for each element reported by school and a comparison

 5  of the district averages for each element reported by district

 6  with the averages of school districts that have similar

 7  characteristics as defined by the commissioner.

 8         (f)  School improvement funds.--Provide funds to

 9  schools for developing and implementing school improvement

10  plans. Such funds shall include those funds appropriated for

11  the purpose of school improvement pursuant to s. 24.121(5)(c).

12  A school identified as performance grade category "F" for one

13  school year, pursuant to s. 229.57, shall receive school

14  district funds for the next school year at a level necessary

15  to reduce each K through 3rd grade class to no more than 15

16  students for each full-time classroom teacher and at a level

17  necessary to provide for an instructional year that is

18  equivalent to a 210-day schedule for each student in grades 4

19  through 12.

20         (17)  LOCAL-LEVEL DECISIONMAKING.--

21         (a)  Adopt policies that clearly encourage and enhance

22  maximum decisionmaking appropriate to the school site. Such

23  policies must include guidelines for schools in the adoption

24  and purchase of district and school site instructional

25  materials and technology, staff training, school advisory

26  council member training, student support services, budgeting,

27  and the allocation of staff resources.

28         (b)  Adopt waiver process policies to enable all

29  schools to exercise maximum flexibility and notify advisory

30  councils of processes to waive school district and state

31  policies.

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         (c)  Develop policies for periodically monitoring the

 2  membership composition of school advisory councils to ensure

 3  compliance with requirements established in s. 229.58.

 4         (d)  Adopt policies that assist in giving greater

 5  autonomy, including authority over the allocation of the

 6  school's budget, to schools designated as performance grade

 7  category "A," making excellent progress, and schools rated as

 8  having improved at least two performance grade categories.

 9         (18)  OPPORTUNITY SCHOLARSHIPS.--Adopt policies

10  allowing students attending schools that have been designated

11  as performance grade category "F," failing to make adequate

12  progress, for two school years in a 4-year period to attend a

13  higher performing school in the district or an adjoining

14  district or be granted a state opportunity scholarship to a

15  private school, in conformance with s. 229.0537 and state

16  board rule.

17         (19)  AUTHORITY TO DECLARE AN EMERGENCY.--The school

18  board is authorized to declare an emergency in cases in which

19  one or more schools in the district are failing or in danger

20  of failing and negotiate special provisions of its contract

21  with the appropriate bargaining units to free these schools

22  from contract restrictions that limit the school's ability to

23  implement programs and strategies needed to improve student

24  performance.

25         (20)(18)  ADOPT RULES.--Adopt rules pursuant to ss.

26  120.536(1) and 120.54 to implement the provisions of this

27  section.

28         Section 12.  Subsection (2) of section 231.2905,

29  Florida Statutes, is amended, and subsection (3) is added to

30  that section, to read:

31         231.2905  Florida School Recognition Program.--

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         (2)  The Florida School Recognition Program is created

 2  to provide greater autonomy and financial awards to faculty

 3  and staff of schools that sustain high performance or that

 4  demonstrate exemplary improvement due to innovation and

 5  effort.  The Commissioner of Education shall establish

 6  statewide objective criteria for schools to be invited to

 7  apply for the Florida School Recognition Program. The

 8  selection of schools must be based on at least 2 school years

 9  of data, when available. To participate in the program, a

10  school district must have incorporated a performance incentive

11  program into its employee salary structure. All public

12  schools, including charter schools, are eligible to

13  participate in the program.

14         (a)  Initial criteria for identification of schools

15  must rely on the school's data and statewide data and must

16  include, but is not be limited to:

17         (a)1.  Improvement in the school's student achievement

18  data.

19         (b)2.  Statewide student achievement data.

20         (c)  Student learning gains when such data becomes

21  available.

22         (d)3.  Readiness for postsecondary education data.

23         (e)4.  Dropout rates.

24         (f)5.  Attendance rates.

25         (g)  Graduation rates.

26         (h)  Cohort graduation rates.

27         (b)  After a pool of eligible schools has been

28  identified, schools must apply for final recognition and

29  financial awards based on established criteria.  Criteria must

30  include, but not be limited to:

31         1.  School climate, including rates of school violence

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  and crime.

 2         2.  Indicators of innovation in teaching and learning.

 3         3.  Indicators of successful challenging school

 4  improvement plans.

 5         4.  Parent, community, and student involvement in

 6  learning.

 7         (c)  After identification of schools for final

 8  recognition and financial awards, awards must be distributed

 9  based on employee performance criteria established in district

10  school board policy.

11         (3)  The School Recognition Program shall utilize the

12  school performance grade category designations in s. 229.57.

13         Section 13.  Section 232.245, Florida Statutes, is

14  amended to read:

15         232.245  Pupil progression; remedial instruction;

16  reporting requirements.--

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

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

19  in part, upon proficiency in reading, writing, science, and

20  mathematics; that school district policies facilitate such

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

22  legal guardian be informed of that student's academic

23  progress.

24         (2)  Each district school board shall establish a

25  comprehensive program for pupil progression which must

26  include:

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

28  including how well he or she masters the performance standards

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

30         (b)  Specific levels of performance in reading,

31  writing, science, and mathematics for each grade level,

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  including the levels of performance on statewide assessments

 2  at selected grade levels in elementary school, middle school,

 3  and high school as defined by the Commissioner of Education,

 4  below which a student must receive remediation, or and may be

 5  retained within an intensive program that is different from

 6  the previous year's program and that takes into account the

 7  student's learning style. No student may be assigned to a

 8  grade level based solely on age or other factors that

 9  constitute social promotion. School boards shall allocate

10  remedial and supplemental instruction resources first to

11  students who fail to meet achievement performance levels

12  required for promotion. The state board shall adopt rules to

13  prescribe limited circumstances in which a student may be

14  promoted without meeting the specific assessment performance

15  levels prescribed by the district's pupil progression plan.

16  Such rules shall specifically address the promotion of

17  students with limited English proficiency and students with

18  disabilities. A school district must consider an appropriate

19  alternative placement for a student who has been retained 2 or

20  more years.

21         (3)  Each student must participate in the statewide

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

23  not meet specific levels of performance as determined by the

24  district school board in reading, writing, science, and

25  mathematics for each grade level, or who does not meet

26  specific levels of performance, determined by the Commissioner

27  of Education, on statewide assessments at selected grade

28  levels, must be provided with additional diagnostic

29  assessments to determine the nature of the student's

30  difficulty and areas of academic need. The school in which the

31  student is enrolled must develop, in consultation with the

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  student's parent or legal guardian, and must implement an

 2  academic improvement plan designed to assist the student in

 3  meeting state and district expectations for proficiency. Each

 4  plan must include the provision of intensive remedial

 5  instruction in the areas of weakness. through one or more of

 6  the following activities, as considered appropriate by the

 7  school administration:

 8         (a)  Summer school coursework;

 9         (b)  Extended-day services;

10         (c)  Parent tutorial programs;

11         (d)  Contracted academic services;

12         (e)  Exceptional education services; or

13         (f)  Suspension of curriculum other than reading,

14  writing, and mathematics. Remedial instruction provided during

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

16  credits required for graduation.

17

18  Upon subsequent evaluation, if the documented deficiency has

19  not been corrected in accordance with the academic improvement

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

21  meet the minimum performance expectations defined by the

22  Commissioner of Education for the statewide assessment tests

23  in reading, writing, science, and mathematics must retake the

24  state assessment test in the subject area of deficiency and

25  must continue remedial or supplemental instruction until the

26  expectations are met or the student graduates from high school

27  or is not subject to compulsory school attendance.

28         (4)  Any student who exhibits substantial deficiency in

29  reading skills, based on locally determined assessments

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

31  or based on teacher recommendation, must be given intensive

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  reading instruction immediately following the identification

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

 3  must be reassessed by locally determined assessment or based

 4  on teacher recommendation at the beginning of the grade

 5  following the intensive reading instruction, and the student

 6  must continue to be given intensive reading instruction until

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

 8  deficiency, as determined by the locally determined assessment

 9  at grades 1 and 2, or by the statewide assessment at grade 3,

10  is not remedied by the end of grade 4 and 2 or grade 3, or if

11  the student scores below the specific level of performance,

12  determined by the local school board, on the statewide

13  assessment test in reading and writing given in elementary

14  school, the student must be retained. The local school board

15  may exempt a student from mandatory retention for good cause.

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

17  student who exhibits substantial deficiency in reading skills,

18  based on locally determined assessments conducted at the

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

20  teacher recommendation, must be given intensive reading

21  instruction immediately following the identification of the

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

23  reassessed by locally determined assessment or based on

24  teacher recommendation at the beginning of the grade following

25  the intensive reading instruction, and the student must

26  continue to be given intensive reading instruction until the

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

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

29  may be retained.

30         (5)(6)  Each district must annually report to the

31  parent or legal guardian of each student the progress of the

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  student towards achieving state and district expectations for

 2  proficiency in reading, writing, science, and mathematics. The

 3  district must report to the parent or legal guardian the

 4  student's results on each statewide assessment test. The

 5  evaluation of each student's progress must be based upon the

 6  student's classroom work, observations, tests, district and

 7  state assessments, and other relevant information. Progress

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

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

10         (6)(7)  The Commissioner of Education shall adopt rules

11  pursuant to ss. 120.536(1) and 120.54 necessary for the

12  administration of this section.

13         (7)(8)  The Department of Education shall provide

14  technical assistance as needed to aid school districts in

15  administering this section.

16         Section 14.  Section 233.061, Florida Statutes, 1998

17  Supplement, is amended to read:

18         233.061  Required instruction.--

19         (1)  Each school district and private school receiving

20  opportunity scholarships shall provide all courses required

21  for high school graduation and appropriate instruction

22  designed to ensure that students meet state board adopted

23  standards in the following subject areas: reading and other

24  language arts, mathematics, science, social studies, foreign

25  languages, health and physical education, and the arts.

26         (2)  Members of the instructional staff of the public

27  schools and private schools receiving opportunity scholarships

28  , subject to the rules and regulations of the commissioner,

29  the state board, and the school board, shall teach efficiently

30  and faithfully, using the books and materials required,

31  following the prescribed courses of study, and employing

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  approved methods of instruction, the following:

 2         (a)  The content of the Declaration of Independence and

 3  how it forms the philosophical foundation of our government.

 4         (b)  The arguments in support of adopting our

 5  republican form of government, as they are embodied in the

 6  most important of the Federalist Papers.

 7         (c)  The essentials of the United States Constitution

 8  and how it provides the structure of our government.

 9         (d)  Flag education, including proper flag display and

10  flag salute.

11         (e)  The elements of civil government shall include the

12  primary functions of and interrelationships between the

13  Federal Government, the state, and its counties,

14  municipalities, school districts, and special districts.

15         (f)  The history of the Holocaust (1933-1945), the

16  systematic, planned annihilation of European Jews and other

17  groups by Nazi Germany, a watershed event in the history of

18  humanity, to be taught in a manner that leads to an

19  investigation of human behavior, an understanding of the

20  ramifications of prejudice, racism, and stereotyping, and an

21  examination of what it means to be a responsible and

22  respectful person, for the purposes of encouraging tolerance

23  of diversity in a pluralistic society and for nurturing and

24  protecting democratic values and institutions.

25         (g)  The history of African Americans, including the

26  history of African peoples before the political conflicts that

27  led to the development of slavery, the passage to America, the

28  enslavement experience, abolition, and the contributions of

29  African Americans to society.

30         (h)  The elementary principles of agriculture.

31         (i)  The true effects of all alcoholic and intoxicating

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  liquors and beverages and narcotics upon the human body and

 2  mind.

 3         (j)  Kindness to animals.

 4         (k)  The history of the state.

 5         (l)  The conservation of natural resources.

 6         (m)  Comprehensive health education that addresses

 7  concepts of community health; consumer health; environmental

 8  health; family life, including an awareness of the benefits of

 9  sexual abstinence as the expected standard and the

10  consequences of teenage pregnancy; mental and emotional

11  health; injury prevention and safety; nutrition; personal

12  health; prevention and control of disease; and substance use

13  and abuse.

14         (n)  Such additional materials, subjects, courses, or

15  fields in such grades as are prescribed by law or by rules of

16  the commissioner and the school board in fulfilling the

17  requirements of law.

18         (o)  The study of Hispanic contributions to the United

19  States.

20         (p)  The study of women's contributions to the United

21  States.

22         (3)  Any child whose parent presents to the school

23  principal a signed statement that the teaching of disease, its

24  symptoms, development, and treatment, and the viewing of

25  pictures or motion pictures that teach about disease, conflict

26  with the religious teachings of the child's religious

27  affiliation, is exempt from such instruction; and a child so

28  exempted may not be penalized by reason of that exemption.

29         Section 15.  Subsection (12) of section 228.053,

30  Florida Statutes, is amended to read:

31         228.053  Developmental research schools.--

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         (12)  EXCEPTIONS TO LAW.--To encourage innovative

 2  practices and facilitate the mission of the developmental

 3  research schools, in addition to the exceptions to law

 4  specified in s. 229.592(6), the following exceptions shall be

 5  permitted for developmental research schools:

 6         (a)  The methods and requirements of the following

 7  statutes shall be held in abeyance:  ss. 230.01; 230.02;

 8  230.03; 230.04; 230.05; 230.061; 230.08; 230.10; 230.105;

 9  230.11; 230.12; 230.15; 230.16; 230.17; 230.173; 230.18;

10  230.19; 230.201; 230.202; 230.21; 230.22; 230.2215; 230.2318;

11  230.232; 230.24; 230.241; 230.26; 230.28; 230.30; 230.303;

12  230.31; 230.32; 230.321; 230.33; 230.35; 230.39; 230.63;

13  230.64; 230.643; 234.01; 234.021; 234.112; 236.25; 236.261;

14  236.29; 236.31; 236.32; 236.35; 236.36; 236.37; 236.38;

15  236.39; 236.40; 236.41; 236.42; 236.43; 236.44; 236.45;

16  236.46; 236.47; 236.48; 236.49; 236.50; 236.51; 236.52;

17  236.55; 236.56; 237.051; 237.071; 237.091; 237.201; 237.40;

18  and 316.75. With the exception of subsection (16) of s.

19  230.23, s. 230.23 shall be held in abeyance. Reference to

20  school boards in s. 230.23(16) shall mean the president of the

21  university or the president's designee.

22         (b)  The following statutes or related rules may be

23  waived for any developmental research school so requesting,

24  provided the general statutory purpose of each section is met

25  and the developmental research school has submitted a written

26  request to the Joint Developmental Research School Planning,

27  Articulation, and Evaluation Committee for approval pursuant

28  to this subsection:  ss. 229.555; 231.291; 232.2462; 232.36;

29  233.34; 237.01; 237.02; 237.031; 237.041; 237.061; 237.081;

30  237.111; 237.121; 237.131; 237.141; 237.151; 237.161; 237.162;

31  237.171; 237.181; 237.211; and 237.34. Notwithstanding

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  reference to the responsibilities of the superintendent or

 2  school board in chapter 237, developmental research schools

 3  shall follow the policy intent of the chapter and shall, at

 4  least, adhere to the general state agency accounting

 5  procedures established in s. 11.46.

 6         1.  Two or more developmental research schools may

 7  jointly originate a request for waiver and submit the request

 8  to the committee if such waiver is approved by the school

 9  advisory council of each developmental research school

10  desiring the waiver.

11         2.  A developmental research school may submit a

12  request to the committee for a waiver if such request is

13  presented by a school advisory council established pursuant to

14  s. 229.58, if such waiver is required to implement a school

15  improvement plan required by s. 230.23(16), and if such

16  request is made using forms established pursuant to s.

17  229.592(6). The Joint Developmental Research School Planning,

18  Articulation, and Evaluation Committee shall monitor the

19  waiver activities of all developmental research schools and

20  shall report annually to the department and the Florida

21  Commission on Education Reform and Accountability, in

22  conjunction with the feedback report required pursuant to s.

23  229.592(3), the number of waivers requested and submitted to

24  the committee by developmental research schools, and the

25  number of such waiver requests not approved. For each waiver

26  request not approved, the committee shall report the statute

27  or rule for which the waiver was requested, the rationale for

28  the developmental research school request, and the reason the

29  request was not approved.

30         (c)  The written request for waiver of statute or rule

31  shall indicate at least how the general statutory purpose will

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  be met, how granting the waiver will assist schools in

 2  improving student outcomes related to the student performance

 3  standards adopted pursuant to s. 229.592(5), and how student

 4  improvement will be evaluated and reported. In considering any

 5  waiver, the committee shall ensure protection of the health,

 6  safety, welfare, and civil rights of the students and

 7  protection of the public interest.

 8         (d)  The procedure established in s. 229.592(6)(f)

 9  shall be followed for any request for a waiver which is not

10  denied, or for which a request for additional information is

11  not issued. Notwithstanding the request provisions of s.

12  229.592(6), developmental research schools shall request all

13  waivers through the Joint Developmental Research School

14  Planning, Articulation, and Evaluation Committee, as

15  established in s. 228.054. The committee shall approve or

16  disapprove said requests pursuant to this subsection and s.

17  229.592(6); however, the Commissioner of Education shall have

18  standing to challenge any decision of the committee should it

19  adversely affect the health, safety, welfare, or civil rights

20  of the students or public interest. The department shall

21  immediately notify the committee and developmental research

22  school of the decision and provide a rationale therefor.

23         Section 16.  Paragraph (e) of subsection (2) of section

24  228.054, Florida Statutes, is amended to read:

25         228.054  Joint Developmental Research School Planning,

26  Articulation, and Evaluation Committee.--

27         (2)  The committee shall have the duty and

28  responsibility to:

29         (e)  Provide assistance to schools in the waiver

30  process established under s. 228.053(12), review and approve

31  or disapprove waivers requested pursuant to ss. 228.053(12)

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  and 229.592(6), and annually review, identify, and report to

 2  the Legislature additional barriers and statutes that hinder

 3  the implementation of s. 228.053.

 4         Section 17.  Subsection (3) of section 233.17, Florida

 5  Statutes, is amended to read:

 6         233.17  Term of adoption for instructional materials.--

 7         (3)  The department shall publish annually an official

 8  schedule of subject areas to be called for adoption for each

 9  of the succeeding 2 years, and a tentative schedule for years

10  3, 4, 5, and 6. If extenuating circumstances warrant, the

11  Commissioner of Education may order the department to add one

12  or more subject areas to the official schedule, in which event

13  the commissioner shall develop criteria for such additional

14  subject area or areas pursuant to s. 229.512(18)(15) and make

15  them available to publishers as soon as practicable.

16  Notwithstanding the provisions of s. 229.512(18)(15), the

17  criteria for such additional subject area or areas may be

18  provided to publishers less than 24 months before the date on

19  which bids are due. The schedule shall be developed so as to

20  promote balance among the subject areas so that the required

21  expenditure for new instructional materials is approximately

22  the same each year in order to maintain curricular

23  consistency.

24         Section 18.  Subsection (6) of section 236.685, Florida

25  Statutes, is amended to read:

26         236.685  Educational funding accountability.--

27         (6)  The annual school public accountability report

28  required by ss. 229.592(5) and 230.23(16)(18) must include a

29  school financial report. The purpose of the school financial

30  report is to better inform parents and the public concerning

31  how revenues were spent to operate the school during the prior

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  fiscal year. Each school's financial report must follow a

 2  uniform, districtwide format that is easy to read and

 3  understand.

 4         (a)  Total revenue must be reported at the school,

 5  district, and state levels. The revenue sources that must be

 6  addressed are state and local funds, other than lottery funds;

 7  lottery funds; federal funds; and private donations.

 8         (b)  Expenditures must be reported as the total

 9  expenditures per unweighted full-time equivalent student at

10  the school level and the average expenditures per full-time

11  equivalent student at the district and state levels in each of

12  the following categories and subcategories:

13         1.  Teachers, excluding substitute teachers, and

14  teacher aides who provide direct classroom instruction to

15  students enrolled in programs classified by s. 236.081 as:

16         a.  Basic programs;

17         b.  Students-at-risk programs;

18         c.  Special programs for exceptional students;

19         d.  Career education programs; and

20         e.  Adult programs.

21         2.  Substitute teachers.

22         3.  Other instructional personnel, including

23  school-based instructional specialists and their assistants.

24         4.  Contracted instructional services, including

25  training for instructional staff and other contracted

26  instructional services.

27         5.  School administration, including school-based

28  administrative personnel and school-based education support

29  personnel.

30         6.  The following materials, supplies, and operating

31  capital outlay:

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         a.  Textbooks;

 2         b.  Computer hardware and software;

 3         c.  Other instructional materials;

 4         d.  Other materials and supplies; and

 5         e.  Library media materials.

 6         7.  Food services.

 7         8.  Other support services.

 8         9.  Operation and maintenance of the school plant.

 9         (c)  The school financial report must also identify the

10  types of district-level expenditures that support the school's

11  operations. The total amount of these district-level

12  expenditures must be reported and expressed as total

13  expenditures per full-time equivalent student.

14

15  As used in this subsection, the term "school" means a "school

16  center" as defined by s. 228.041.

17         Section 19.  Effective July 1, 1999, section 236.08104,

18  Florida Statutes, is created to read:

19         236.08104  Supplemental academic instruction;

20  categorical fund.--

21         (1)  There is created a categorical fund to provide

22  supplemental academic instruction to students in kindergarten

23  through grade 12.  This section may be cited as the

24  "Supplemental Academic Achievement Categorical Fund."

25         (2)  Categorical funds for supplemental academic

26  instruction shall be allocated annually to each school

27  district in the amount provided in the General Appropriations

28  Act.  These funds shall be in addition to the funds

29  appropriated on the basis of full-time equivalent student

30  (FTE) membership in the Florida Education Finance Program and

31  shall be included in the total potential funds of each

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  district.  These funds shall be used only to provide

 2  supplemental academic instruction to students enrolled in the

 3  K-12 program.  Supplemental instruction may include methods

 4  such as lowering class size, providing after-school tutoring,

 5  holding Saturday morning sessions, and other methods for

 6  improving student achievement and may be provided to a student

 7  in any manner and at any time during or beyond the regular

 8  180-day term identified by the school as being the most

 9  effective and efficient way to best help that student progress

10  from grade to grade and to graduate.

11         (3)  Effective with the 1999-2000 fiscal year, funding

12  on the basis of FTE membership beyond the 180-day regular term

13  shall be provided in the FEFP only for students enrolled

14  pursuant to s. 236.013(2)(c)2.a.  Funding for instruction

15  beyond the regular 180-day school year for all other K-12

16  students shall be provided through the supplemental academic

17  instruction categorical fund and other state, federal, and

18  local fund sources with ample flexibility for schools to

19  provide supplemental instruction to assist students in

20  progressing from grade to grade and graduating.

21         (4)  The Florida State University School, as a

22  developmental research school, is authorized to expend from

23  its FEFP or Lottery Enhancement Trust Fund allocation the cost

24  to the student of remediation in reading, writing, or

25  mathematics for any graduate who requires remediation at a

26  postsecondary institution.

27         Section 20.  Effective July 1, 1999, paragraph (c) of

28  subsection (2) of section 236.013, Florida Statutes, is

29  amended to read:

30         236.013  Definitions.--Notwithstanding the provisions

31  of s. 228.041, the following terms are defined as follows for

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  the purposes of this act:

 2         (2)  A "full-time equivalent student" in each program

 3  of the district is defined in terms of full-time students and

 4  part-time students as follows:

 5         (c)1.  A "full-time equivalent student" is:

 6         a.  A full-time student in any one of the programs

 7  listed in s. 236.081(1)(c); or

 8         b.  A combination of full-time or part-time students in

 9  any one of the programs listed in s. 236.081(1)(c) which is

10  the equivalent of one full-time student based on the following

11  calculations:

12         (I)  A full-time student, except a postsecondary or

13  adult student or a senior high school student enrolled in

14  adult education when such courses are required for high school

15  graduation, in a combination of programs listed in s.

16  236.081(1)(c) shall be a fraction of a full-time equivalent

17  membership in each special program equal to the number of net

18  hours per school year for which he or she is a member, divided

19  by the appropriate number of hours set forth in subparagraph

20  (a)1. or subparagraph (a)2.; the difference between that

21  fraction or sum of fractions and the maximum value as set

22  forth in subsection (5) for each full-time student is presumed

23  to be the balance of the student's time not spent in such

24  special education programs and shall be recorded as time in

25  the appropriate basic program.

26         (II)  A student in the basic half-day kindergarten

27  program of not less than 450 net hours shall earn one-half of

28  a full-time equivalent membership.

29         (III)  A half-day kindergarten student in a combination

30  of programs listed in s. 236.081(1)(c) is a fraction of a

31  full-time equivalent membership in each special program equal

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  to the number of net hours or major portion thereof per school

 2  year for which he or she is a member divided by the number of

 3  hours set forth in sub-sub-subparagraph (II); the difference

 4  between that fraction and the number of hours set forth in

 5  sub-sub-subparagraph (II) for each full-time student in

 6  membership in a half-day kindergarten program is presumed to

 7  be the balance of the student's time not spent in such special

 8  education programs and shall be recorded as time in the

 9  appropriate basic program.

10         (IV)  A part-time student, except a postsecondary or

11  adult student, is a fraction of a full-time equivalent

12  membership in each basic and special program equal to the

13  number of net hours or major fraction thereof per school year

14  for which he or she is a member, divided by the appropriate

15  number of hours set forth in subparagraph (a)1. or

16  subparagraph (a)2.

17         (V)  A postsecondary or adult student or a senior high

18  school student enrolled in adult education when such courses

19  are required for high school graduation is a portion of a

20  full-time equivalent membership in each special program equal

21  to the net hours or major fraction thereof per fiscal year for

22  which he or she is a member, divided by the appropriate number

23  of hours set forth in subparagraph (a)1. or subparagraph (a)2.

24         (VI)  A full-time student who is part of a program

25  authorized by subparagraph (a)3. in a combination of programs

26  listed in s. 236.081(1)(c) is a fraction of a full-time

27  equivalent membership in each regular or special program equal

28  to the number of net hours per school year for which he or she

29  is a member, divided by the appropriate number of hours set

30  forth in subparagraph (a)1. or subparagraph (a)2.

31         (II)(VII)  A prekindergarten handicapped student shall

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  meet the requirements specified for kindergarten students.

 2         2.  A student in membership in a program scheduled for

 3  more or less than 180 school days is a fraction of a full-time

 4  equivalent membership equal to the number of instructional

 5  hours in membership divided by the appropriate number of hours

 6  set forth in subparagraph (a)1.; however, unless otherwise

 7  provided in the General Appropriations Act, for the purposes

 8  of this subparagraph, membership in programs scheduled for

 9  more than 180 days is limited to:

10         a.  Support level III, IV, and V Special programs for

11  exceptional students with disabilities;

12         b.  Special vocational-technical programs;

13         c.  Special adult general education programs;

14         b.d.  Residential Dropout prevention programs as

15  defined in s. 230.2316 for students in residential programs

16  operated by the Department of Children and Family Services;

17  programs operated by the Department of Juvenile Justice as

18  defined in s. 230.23161 in which students receive educational

19  services; or teenage parent programs as defined in s.

20  230.23166 for students who are in need of such additional

21  instruction;

22         c.e.  Dropout prevention programs as defined in s.

23  230.2316 in which students are placed for academic or

24  disciplinary purposes or Programs in English for speakers of

25  other languages as defined in s. 233.058 for students who were

26  in membership for all of the last 15 days of the 180-day term

27  or a total of 30 days within the 180-day term and are in need

28  of such additional instruction;

29         f.  Other basic programs offered for promotion or

30  credit instruction as defined by rules of the state board; and

31         g.  Programs which modify the school year to

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  accommodate the needs of children who have moved with their

 2  parents for the purpose of engaging in the farm labor or fish

 3  industries, provided such programs are approved by the

 4  commissioner.

 5

 6  The department shall determine and implement an equitable

 7  method of equivalent funding for experimental schools and for

 8  schools operating under emergency conditions, which schools

 9  have been approved by the department under the provisions of

10  s. 228.041(13) to operate for less than the minimum school

11  day.

12         Section 21.  Subsection (7) of section 239.101, Florida

13  Statutes, is amended to read:

14         239.101  Legislative intent.--

15         (7)  The Legislature finds that career education is a

16  crucial component of the educational programs conducted within

17  school districts and community colleges. Accordingly, career

18  education must be represented in accountability processes

19  undertaken for educational institutions. It is the intent of

20  the Legislature that the vocational standards articulated in

21  s. 239.229(2) be considered in the development of

22  accountability measures for public schools pursuant to ss.

23  229.591, 229.592, 229.593, 229.594, and 230.23(16) and for

24  community colleges pursuant to s. 240.324.

25         Section 22.  Subsection (1) of section 239.229, Florida

26  Statutes, 1998 Supplement, is amended to read:

27         239.229  Vocational standards.--

28         (1)  The purpose of career education is to enable

29  students who complete vocational programs to attain and

30  sustain employment and realize economic self-sufficiency.  The

31  purpose of this section is to identify issues related to

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  career education for which school boards and community college

 2  boards of trustees are accountable.  It is the intent of the

 3  Legislature that the standards articulated in subsection (2)

 4  be considered in the development of accountability standards

 5  for public schools pursuant to ss. 229.591, 229.592, 229.593,

 6  229.594, and 230.23(16) and for community colleges pursuant to

 7  s. 240.324.

 8         Section 23.  Paragraphs (b), (c), and (d) of subsection

 9  (5) of section 24.121, Florida Statutes, 1998 Supplement, are

10  reenacted and amended to read:

11         24.121  Allocation of revenues and expenditure of funds

12  for public education.--

13         (5)

14         (b)  Except as provided in paragraphs (c), (d), and

15  (e), the Legislature shall equitably apportion moneys in the

16  trust fund among public schools, community colleges, and

17  universities.

18         (c)  A portion of such net revenues, as determined

19  annually by the Legislature, shall be distributed to each

20  school district and shall be made available to each public

21  school in the district for enhancing school performance

22  through development and implementation of a school improvement

23  plan pursuant to s. 230.23(16). A portion of these moneys, as

24  determined annually in the General Appropriations Act, must be

25  allocated to each school in an equal amount for each student

26  enrolled.  These moneys may be expended only on programs or

27  projects selected by the school advisory council or by a

28  parent advisory committee created pursuant to this paragraph.

29  If a school does not have a school advisory council, the

30  district advisory council must appoint a parent advisory

31  committee composed of parents of students enrolled in that

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  school, which committee is representative of the ethnic,

 2  racial, and economic community served by the school, to advise

 3  the school's principal on the programs or projects to be

 4  funded.  A principal may not override the recommendations of

 5  the school advisory council or the parent advisory committee.

 6  These moneys may not be used for capital improvements, nor may

 7  they be used for any project or program that has a duration of

 8  more than 1 year; however, a school advisory council or parent

 9  advisory committee may independently determine that a program

10  or project formerly funded under this paragraph should receive

11  funds in a subsequent year.

12         (d)  No funds shall be released for any purpose from

13  the Educational Enhancement Trust Fund to any school district

14  in which one or more schools do not have an approved school

15  improvement plan pursuant to s. 230.23(16) or do not comply

16  with school advisory council membership composition

17  requirements pursuant to s. 229.58(1). Effective July 1, 2002,

18  the Commissioner of Education shall withhold disbursements

19  from the trust fund to any school district that fails to adopt

20  the performance-based salary schedule required by s.

21  230.23(5).

22         Section 24.  For the purpose of incorporating the

23  amendments made by this act to sections 229.57 and 232.245,

24  Florida Statutes, in references thereto, paragraph (b) of

25  subsection (1) of section 120.81, Florida Statutes, is

26  reenacted to read:

27         120.81  Exceptions and special requirements; general

28  areas.--

29         (1)  EDUCATIONAL UNITS.--

30         (b)  Notwithstanding s. 120.52(15), any tests, test

31  scoring criteria, or testing procedures relating to student

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  assessment which are developed or administered by the

 2  Department of Education pursuant to s. 229.57, s. 232.245, s.

 3  232.246, or s. 232.247, or any other statewide educational

 4  tests required by law, are not rules.

 5         Section 25.  For the purpose of incorporating the

 6  amendments made by this act to section 230.23, Florida

 7  Statutes, in references thereto, subsections (3) and (8) of

 8  section 228.053, Florida Statutes, are reenacted and amended

 9  to read:

10         228.053  Developmental research schools.--

11         (3)  MISSION.--The mission of a developmental research

12  school shall be the provision of a vehicle for the conduct of

13  research, demonstration, and evaluation regarding management,

14  teaching, and learning. Programs to achieve the mission of a

15  developmental research school shall embody the goals and

16  standards of "Blueprint 2000" established pursuant to ss.

17  229.591 and 229.592 and shall ensure an appropriate education

18  for its students.

19         (a)  Each developmental research school shall emphasize

20  mathematics, science, computer science, and foreign languages.

21  The primary goal of a developmental research school is to

22  enhance instruction and research in such specialized subjects

23  by using the resources available on a state university campus,

24  while also providing an education in nonspecialized subjects.

25  Each developmental research school shall provide sequential

26  elementary and secondary instruction where appropriate. A

27  developmental research school may not provide instruction at

28  grade levels higher than grade 12 without authorization from

29  the State Board of Education. Each developmental research

30  school shall develop and implement a school improvement plan

31  pursuant to s. 230.23(16).

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         (b)  Research, demonstration, and evaluation conducted

 2  at a developmental research school may be generated by the

 3  college of education with which the school is affiliated.

 4         (c)  Research, demonstration, and evaluation conducted

 5  at a developmental research school may be generated by the

 6  Education Standards Commission. Such research shall respond to

 7  the needs of the education community at large, rather than the

 8  specific needs of the affiliated college.

 9         (d)  Research, demonstration, and evaluation conducted

10  at a developmental research school may consist of pilot

11  projects to be generated by the affiliated college, the

12  Education Standards Commission, or the Legislature.

13         (e)  The exceptional education programs offered at a

14  developmental research school shall be determined by the

15  research and evaluation goals and the availability of students

16  for efficiently sized programs. The fact that a developmental

17  research school offers an exceptional education program in no

18  way lessens the general responsibility of the local school

19  district to provide exceptional education programs.

20         (8)  ADVISORY BOARDS.--"Blueprint 2000" provisions and

21  intent specify that Each public school in the state shall

22  establish a school advisory council that is reflective of the

23  population served by the school, pursuant to s. 229.58, and is

24  responsible for the development and implementation of the

25  school improvement plan pursuant to s. 230.23(16).

26  Developmental research schools shall comply with the

27  provisions of s. 229.58 in one of two ways:

28         (a)  Two advisory bodies.--Each developmental research

29  school may:

30         1.  Establish an advisory body pursuant to the

31  provisions and requirements of s. 229.58 to be responsible for

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  the development and implementation of the school improvement

 2  plan, pursuant to s. 230.23(16).

 3         2.  Establish an advisory board to provide general

 4  oversight and guidance. The dean of the affiliated college of

 5  education shall be a standing member of the board, and the

 6  president of the university shall appoint three faculty

 7  members from the college of education, one layperson who

 8  resides in the county in which the school is located, and two

 9  parents or legal guardians of students who attend the

10  developmental research school to serve on the advisory board.

11  The term of each member shall be for 2 years, and any vacancy

12  shall be filled with a person of the same classification as

13  his or her predecessor for the balance of the unexpired term.

14  The president shall stagger the terms of the initial

15  appointees in a manner that results in the expiration of terms

16  of no more than two members in any year. The president shall

17  call the organizational meeting of the board. The board shall

18  annually elect a chair and a vice chair. There shall be no

19  limitation on successive appointments to the board or

20  successive terms that may be served by a chair or vice chair.

21  The board shall adopt internal organizational procedures or

22  bylaws necessary for efficient operation as provided in

23  chapter 120. Board members shall not receive per diem or

24  travel expenses for the performance of their duties.  The

25  board shall:

26         a.  Meet at least quarterly.

27         b.  Monitor the operations of the school and the

28  distribution of moneys allocated for such operations.

29         c.  Establish necessary policy, program, and

30  administration modifications.

31         d.  Evaluate biennially the performance of the director

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  and principal and recommend corresponding action to the dean

 2  of the college of education.

 3         e.  Annually review evaluations of the school's

 4  operation and research findings.

 5         (b)  One advisory body.--Each developmental research

 6  school may establish an advisory body responsible for the

 7  development and implementation of the school improvement plan,

 8  pursuant to s. 230.23(16), in addition to general oversight

 9  and guidance responsibilities. The advisory body shall reflect

10  the membership composition requirements established in s.

11  229.58, but may also include membership by the dean of the

12  college of education and additional members appointed by the

13  president of the university that represent faculty members

14  from the college of education, the university, or other bodies

15  deemed appropriate for the mission of the school.

16         Section 26.  Paragraphs (b), (c), and (d) of subsection

17  (6) of section 228.0565, Florida Statutes, 1998 Supplement,

18  are amended to read:

19         228.0565  Deregulated public schools.--

20         (6)  ELEMENTS OF THE PROPOSAL.--The major issues

21  involving the operation of a deregulated public school shall

22  be considered in advance and written into the proposal.

23         (b)  The school shall make annual progress reports to

24  the district, which upon verification shall be forwarded to

25  the Commissioner of Education at the same time as other annual

26  school accountability reports.  The report shall contain at

27  least the following information:

28         1.  The school's progress towards achieving the goals

29  outlined in its proposal.

30         2.  The information required in the annual school

31  report pursuant to s. 229.592.

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         3.  Financial records of the school, including revenues

 2  and expenditures.

 3         4.  Salary and benefit levels of school employees.

 4         (c)  A school district shall ensure that the proposal

 5  is innovative and consistent with the state education goals

 6  established by s. 229.591.

 7         (d)  Upon receipt of the annual report required by

 8  paragraph (b), the Department of Education shall provide to

 9  the State Board of Education, the Commissioner of Education,

10  the President of the Senate, and the Speaker of the House of

11  Representatives with a copy of each report and an analysis and

12  comparison of the overall performance of students, to include

13  all students in deregulated public schools whose scores are

14  counted as part of the statewide norm-referenced assessment

15  tests, versus comparable public school students in the

16  district as determined by FCAT and district norm-referenced

17  assessment tests currently administered in the school

18  district, and, as appropriate, the Florida Writes Assessment

19  Test, the High School Competency Test, and other assessments

20  administered pursuant to s. 229.57(3).

21         Section 27.  For the purpose of incorporating the

22  amendments made by this act to section 229.57, Florida

23  Statutes, in references thereto, subsection (1) of section

24  228.301, Florida Statutes, is reenacted to read:

25         228.301  Test security.--

26         (1)  It is unlawful for anyone knowingly and willfully

27  to violate test security rules adopted by the State Board of

28  Education or the Commissioner of Education for mandatory tests

29  administered by or through the State Board of Education or the

30  Commissioner of Education to students, educators, or

31  applicants for certification or administered by school

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  districts pursuant to s. 229.57, or, with respect to any such

 2  test, knowingly and willfully to:

 3         (a)  Give examinees access to test questions prior to

 4  testing;

 5         (b)  Copy, reproduce, or use in any manner inconsistent

 6  with test security rules all or any portion of any secure test

 7  booklet;

 8         (c)  Coach examinees during testing or alter or

 9  interfere with examinees' responses in any way;

10         (d)  Make answer keys available to examinees;

11         (e)  Fail to follow security rules for distribution and

12  return of secure test as directed, or fail to account for all

13  secure test materials before, during, and after testing;

14         (f)  Fail to follow test administration directions

15  specified in the test administration manuals; or

16         (g)  Participate in, direct, aid, counsel, assist in,

17  or encourage any of the acts prohibited in this section.

18         Section 28.  For the purpose of incorporating the

19  amendments made by this act to sections 229.555, 229.565, and

20  229.57, Florida Statutes, in references thereto, subsections

21  (1) and (3) of section 229.551, Florida Statutes, 1998

22  Supplement, are reenacted to read:

23         229.551  Educational management.--

24         (1)  The department is directed to identify all

25  functions which under the provisions of this act contribute

26  to, or comprise a part of, the state system of educational

27  accountability and to establish within the department the

28  necessary organizational structure, policies, and procedures

29  for effectively coordinating such functions.  Such policies

30  and procedures shall clearly fix and delineate

31  responsibilities for various aspects of the system and for

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  overall coordination of the total system.  The commissioner

 2  shall perform the following duties and functions:

 3         (a)  Coordination of department plans for meeting

 4  educational needs and for improving the quality of education

 5  provided by the state system of public education;

 6         (b)  Coordination of management information system

 7  development for all levels of education and for all divisions

 8  of the department, to include the development and utilization

 9  of cooperative education computing networks for the state

10  system of public education;

11         (c)  Development of database definitions and all other

12  items necessary for full implementation of a comprehensive

13  management information system as required by s. 229.555;

14         (d)  Coordination of all planning functions for all

15  levels and divisions within the department;

16         (e)  Coordination of all cost accounting and cost

17  reporting activities for all levels of education, including

18  public schools, vocational programs, community colleges, and

19  institutions in the State University System;

20         (f)  Development and coordination of a common course

21  designation and numbering system for postsecondary education

22  in school districts, community colleges, participating

23  nonpublic postsecondary education institutions, and the State

24  University System which will improve program planning,

25  increase communication among all postsecondary delivery

26  systems, and facilitate the transfer of students.  The system

27  shall not encourage or require course content prescription or

28  standardization or uniform course testing, and the continuing

29  maintenance of the system shall be accomplished by appropriate

30  faculty committees representing public and participating

31  nonpublic institutions. The Articulation Coordinating

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  Committee, whose membership represents public and nonpublic

 2  postsecondary institutions, shall:

 3         1.  Identify the highest demand degree programs within

 4  the State University System.

 5         2.  Conduct a study of courses offered by universities

 6  and accepted for credit toward a degree.  The study shall

 7  identify courses designated as either general education or

 8  required as a prerequisite for a degree.  The study shall also

 9  identify these courses as upper-division level or

10  lower-division level.

11         3.  Appoint faculty committees representing both

12  community college and university faculties to recommend a

13  single level for each course included in the common course

14  numbering and designation system.  Any course designated as an

15  upper-division level course must be characterized by a need

16  for advanced academic preparation and skills that a student

17  would be unlikely to achieve without significant prior

18  coursework. A course that is offered as part of an associate

19  in science degree program and as an upper-division course for

20  a baccalaureate degree shall be designated for both the lower

21  and upper division. Of the courses required for each

22  baccalaureate degree, at least half of the credit hours

23  required for the degree shall be achievable through courses

24  designated as lower-division courses, except in degree

25  programs approved by the Board of Regents pursuant to s.

26  240.209(5)(e).  A course designated as lower-division may be

27  offered by any community college. The Articulation

28  Coordinating Committee shall recommend to the State Board of

29  Education the levels for the courses.  The common course

30  numbering and designation system shall include the courses at

31  the recommended levels, and, by fall semester of 1996, the

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  registration process at each state university and community

 2  college shall include the courses at their designated levels

 3  and common course numbers.

 4         4.  Appoint faculty committees representing both

 5  community college and university faculties to recommend those

 6  courses identified to meet general education requirements

 7  within the subject areas of communication, mathematics, social

 8  sciences, humanities, and natural sciences.  The Articulation

 9  Coordinating Committee shall recommend to the State Board of

10  Education those courses identified to meet these general

11  education requirements by their common course code number. All

12  community colleges and state universities shall accept these

13  general education courses.

14         5.  Appoint faculty committees representing both

15  community colleges and universities to recommend common

16  prerequisite courses and identify course substitutions when

17  common prerequisites cannot be established for degree programs

18  across all institutions. Faculty work groups shall adopt a

19  strategy for addressing significant differences in

20  prerequisites, including course substitutions.  The Board of

21  Regents shall be notified by the Articulation Coordinating

22  Committee when significant differences remain.  Common degree

23  program prerequisites shall be offered and accepted by all

24  state universities and community colleges, except in cases

25  approved by the Board of Regents pursuant to s. 240.209(5)(f).

26  The Board of Regents shall work with the State Board of

27  Community Colleges on the development of a centralized

28  database containing the list of courses and course

29  substitutions that meet the prerequisite requirements for each

30  baccalaureate degree program;

31         (g)  Expansion and ongoing maintenance of the common

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  course designation and numbering system to include the

 2  numbering and designation of postsecondary vocational courses

 3  and facilitate the transfer of credits between public schools,

 4  community colleges, and state universities.  The Articulation

 5  Coordinating Committee shall:

 6         1.  Adopt guidelines for the participation of public

 7  school districts and community colleges in offering courses

 8  that may be transferred to a certificate, diploma, or degree

 9  program.  These guidelines shall establish standards

10  addressing faculty qualifications, admissions, program

11  curricula, participation in the common course designation and

12  numbering system, and other issues identified by the Task

13  Force on Workforce Development and the Commissioner of

14  Education.  Guidelines should also address the role of

15  accreditation in the designation of courses as transferable

16  credit. Such guidelines must not jeopardize the accreditation

17  status of educational institutions and must be based on data

18  related to the history of credit transfer among institutions

19  in this state and others.

20         2.  Identify postsecondary vocational programs offered

21  by community colleges and public school districts.  The list

22  shall also identify vocational courses designated as college

23  credit courses applicable toward a vocational diploma or

24  degree.  Such courses must be identified within the common

25  course numbering and designation system.

26         3.  Appoint faculty committees representing both

27  community college and public school faculties to recommend a

28  standard program length and appropriate occupational

29  completion points for each postsecondary vocational

30  certificate program, diploma, and degree; and

31         (h)  Development of common definitions necessary for

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  managing a uniform coordinated system of career education for

 2  all levels of the state system of public education.

 3         (3)  As a part of the system of educational

 4  accountability, the department shall:

 5         (a)  Develop minimum performance standards for various

 6  grades and subject areas, as required in ss. 229.565 and

 7  229.57.

 8         (b)  Administer the statewide assessment testing

 9  program created by s. 229.57.

10         (c)  Develop and administer an educational evaluation

11  program, including the provisions of the Plan for Educational

12  Assessment developed pursuant to s. 9, chapter 70-399, Laws of

13  Florida, and adopted by the State Board of Education.

14         (d)  Review the school advisory councils of each

15  district as required by s. 229.58.

16         (e)  Conduct the program evaluations required by s.

17  229.565.

18         (f)  Maintain a listing of college-level communication

19  and computation skills defined by the Articulation

20  Coordinating Committee as being associated with successful

21  student performance through the baccalaureate level and submit

22  the same to the State Board of Education for approval.

23         (g)  Maintain a listing of tests and other assessment

24  procedures which measure and diagnose student achievement of

25  college-level communication and computation skills and submit

26  the same to the State Board of Education for approval.

27         (h)  Maintain for the information of the State Board of

28  Education and the Legislature a file of data compiled by the

29  Articulation Coordinating Committee to reflect achievement of

30  college-level communication and computation competencies by

31  students in state universities and community colleges.

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         (i)  Develop or contract for, and submit to the State

 2  Board of Education for approval, tests which measure and

 3  diagnose student achievement of college-level communication

 4  and computation skills.  Any tests and related documents

 5  developed are exempt from the provisions of s. 119.07(1).  The

 6  commissioner shall maintain statewide responsibility for the

 7  administration of such tests and may assign administrative

 8  responsibilities for the tests to any public university or

 9  community college.  The state board, upon recommendation of

10  the commissioner, is authorized to enter into contracts for

11  such services beginning in one fiscal year and continuing into

12  the next year which are paid from the appropriation for either

13  or both fiscal years.

14         (j)  Perform any other functions that may be involved

15  in educational planning, research, and evaluation or that may

16  be required by the commissioner, the State Board of Education,

17  or law.

18         Section 29.  For the purpose of incorporating the

19  amendments made by this act to section 230.23, Florida

20  Statutes, in references thereto, subsection (4) of section

21  230.03, Florida Statutes, is reenacted to read:

22         230.03  Management, control, operation, administration,

23  and supervision.--The district school system must be managed,

24  controlled, operated, administered, and supervised as follows:

25         (4)  PRINCIPAL OR HEAD OF SCHOOL.--Responsibility for

26  the administration of any school or schools at a given school

27  center, for the supervision of instruction therein, and for

28  providing leadership in the development or revision and

29  implementation of a school improvement plan required pursuant

30  to s. 230.23(16) shall be delegated to the principal or head

31  of the school or schools as hereinafter set forth and in

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  accordance with rules established by the school board.

 2         Section 30.  For the purpose of incorporating the

 3  amendments made by this act to sections 229.591 and 229.592,

 4  Florida Statutes, in references thereto, paragraph (a) of

 5  subsection (3) of section 231.24, Florida Statutes, 1998

 6  Supplement, is reenacted to read:

 7         231.24  Process for renewal of professional

 8  certificates.--

 9         (3)  For the renewal of a professional certificate, the

10  following requirements must be met:

11         (a)  The applicant must earn a minimum of 6 college

12  credits or 120 inservice points or a combination thereof. For

13  each area of specialization to be retained on a certificate,

14  the applicant must earn at least 3 of the required credit

15  hours or equivalent inservice points in the specialization

16  area. Education in "clinical educator" training pursuant to s.

17  240.529(5)(b) and credits or points that provide training in

18  the area of exceptional student education, normal child

19  development, and the disorders of development may be applied

20  toward any specialization area. Credits or points that provide

21  training in the areas of drug abuse, child abuse and neglect,

22  strategies in teaching students having limited proficiency in

23  English, or dropout prevention, or training in areas

24  identified in the educational goals and performance standards

25  adopted pursuant to ss. 229.591(3) and 229.592 may be applied

26  toward any specialization area. Credits or points earned

27  through approved summer institutes may be applied toward the

28  fulfillment of these requirements. Inservice points may also

29  be earned by participation in professional growth components

30  approved by the State Board of Education and specified

31  pursuant to s. 236.0811 in the district's approved master plan

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  for inservice educational training, including, but not limited

 2  to, serving as a trainer in an approved teacher training

 3  activity, serving on an instructional materials committee or a

 4  state board or commission that deals with educational issues,

 5  or serving on an advisory council created pursuant to s.

 6  229.58.

 7         Section 31.  For the purpose of incorporating the

 8  amendments made by this act to section 231.29, Florida

 9  Statutes, in references thereto, paragraphs (e) and (f) of

10  subsection (3) of section 231.36, Florida Statutes, are

11  reenacted to read:

12         231.36  Contracts with instructional staff,

13  supervisors, and principals.--

14         (3)

15         (e)  A professional service contract shall be renewed

16  each year unless the superintendent, after receiving the

17  recommendations required by s. 231.29, charges the employee

18  with unsatisfactory performance and notifies the employee of

19  performance deficiencies as required by s. 231.29. An employee

20  who holds a professional service contract on July 1, 1997, is

21  subject to the procedures set forth in paragraph (f) during

22  the term of the existing professional service contract. The

23  employee is subject to the procedures set forth in s.

24  231.29(3)(d) upon the next renewal of the professional service

25  contract; however, if the employee is notified of performance

26  deficiencies before the next contract renewal date, the

27  procedures of s. 231.29(3)(d) do not apply until the

28  procedures set forth in paragraph (f) have been exhausted and

29  the professional service contract is subsequently renewed.

30         (f)  The superintendent shall notify an employee who

31  holds a professional service contract on July 1, 1997, in

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  writing, no later than 6 weeks prior to the end of the

 2  postschool conference period, of performance deficiencies

 3  which may result in termination of employment, if not

 4  corrected during the subsequent year of employment (which

 5  shall be granted for an additional year in accordance with the

 6  provisions in subsection (1)). Except as otherwise hereinafter

 7  provided, this action shall not be subject to the provisions

 8  of chapter 120, but the following procedures shall apply:

 9         1.  On receiving notice of unsatisfactory performance,

10  the employee, on request, shall be accorded an opportunity to

11  meet with the superintendent or the superintendent's designee

12  for an informal review of the determination of unsatisfactory

13  performance.

14         2.  An employee notified of unsatisfactory performance

15  may request an opportunity to be considered for a transfer to

16  another appropriate position, with a different supervising

17  administrator, for the subsequent year of employment.

18         3.  During the subsequent year, the employee shall be

19  provided assistance and inservice training opportunities to

20  help correct the noted performance deficiencies.  The employee

21  shall also be evaluated periodically so that he or she will be

22  kept apprised of progress achieved.

23         4.  Not later than 6 weeks prior to the close of the

24  postschool conference period of the subsequent year, the

25  superintendent, after receiving and reviewing the

26  recommendation required by s. 231.29, shall notify the

27  employee, in writing, whether the performance deficiencies

28  have been corrected.  If so, a new professional service

29  contract shall be issued to the employee.  If the performance

30  deficiencies have not been corrected, the superintendent may

31  notify the school board and the employee, in writing, that the

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  employee shall not be issued a new professional service

 2  contract; however, if the recommendation of the superintendent

 3  is not to issue a new professional service contract, and if

 4  the employee wishes to contest such recommendation, the

 5  employee will have 15 days from receipt of the

 6  superintendent's recommendation to demand, in writing, a

 7  hearing. In such hearing, the employee may raise as an issue,

 8  among other things, the sufficiency of the superintendent's

 9  charges of unsatisfactory performance.  Such hearing shall be

10  conducted at the school board's election in accordance with

11  one of the following procedures:

12         a.  A direct hearing conducted by the school board

13  within 60 days of receipt of the written appeal. The hearing

14  shall be conducted in accordance with the provisions of ss.

15  120.569 and 120.57. A majority vote of the membership of the

16  school board shall be required to sustain the superintendent's

17  recommendation.  The determination of the school board shall

18  be final as to the sufficiency or insufficiency of the grounds

19  for termination of employment; or

20         b.  A hearing conducted by an administrative law judge

21  assigned by the Division of Administrative Hearings of the

22  Department of Management Services. The hearing shall be

23  conducted within 60 days of receipt of the written appeal in

24  accordance with chapter 120. The recommendation of the

25  administrative law judge shall be made to the school board.  A

26  majority vote of the membership of the school board shall be

27  required to sustain or change the administrative law judge's

28  recommendation. The determination of the school board shall be

29  final as to the sufficiency or insufficiency of the grounds

30  for termination of employment.

31         Section 32.  For the purpose of incorporating the

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  amendments made by this act to section 232.245, Florida

 2  Statutes, in references thereto, subsection (1) of section

 3  232.2454, Florida Statutes, is reenacted to read:

 4         232.2454  District student performance standards,

 5  instruments, and assessment procedures.--

 6         (1)  School districts are required to obtain or develop

 7  and implement assessments of student achievement as necessary

 8  to accurately measure student progress and to report this

 9  progress to parents or legal guardians according to s.

10  232.245. Each school district shall implement the assessment

11  program pursuant to the procedures it adopts.

12         Section 33.  For the purpose of incorporating the

13  amendments made by this act to section 232.245, Florida

14  Statutes, in references thereto, paragraphs (a) and (b) of

15  subsection (5) of section 232.246, Florida Statutes, 1998

16  Supplement, are reenacted and amended to read:

17         232.246  General requirements for high school

18  graduation.--

19         (5)  Each district school board shall establish

20  standards for graduation from its schools, and these standards

21  must include:

22         (a)  Earning passing scores on the high school

23  competency test or FCAT, as defined in s. 229.57(3)(c).

24         (b)  Completion of all other applicable requirements

25  prescribed by the district school board pursuant to s.

26  232.245.

27         Section 34.  For the purpose of incorporating the

28  amendments made by this act to sections 229.57 and 232.245,

29  Florida Statutes, in references thereto, section 232.248,

30  Florida Statutes, is reenacted to read:

31         232.248  Confidentiality of assessment

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  instruments.--All examination and assessment instruments,

 2  including developmental materials and workpapers directly

 3  related thereto, which are prepared, prescribed, or

 4  administered pursuant to ss. 229.57, 232.245, 232.246, and

 5  232.247 shall be confidential and exempt from the provisions

 6  of s. 119.07(1) and from ss. 229.781 and 230.331.  Provisions

 7  governing access, maintenance, and destruction of such

 8  instruments and related materials shall be prescribed by rules

 9  of the state board.

10         Section 35.  For the purpose of incorporating the

11  amendments made by this act to section 232.245, Florida

12  Statutes, in references thereto, subsection (1) of section

13  232.2481, Florida Statutes, is reenacted to read:

14         232.2481  Graduation and promotion requirements for

15  publicly operated schools.--

16         (1)  Each state or local public agency, including the

17  Department of Health and Rehabilitative Services, the

18  Department of Corrections, the Board of Regents, boards of

19  trustees of community colleges, and the Board of Trustees of

20  the Florida School for the Deaf and the Blind, which agency is

21  authorized to operate educational programs for students at any

22  level of grades kindergarten through 12 shall be subject to

23  all applicable requirements of ss. 232.245, 232.246, 232.247,

24  and 232.248.  Within the content of these cited statutes each

25  such state or local public agency shall be considered a

26  "district school board."

27         Section 36.  For the purpose of incorporating the

28  amendments made by this act to section 229.565, Florida

29  Statutes, in references thereto, subsection (4) of section

30  233.09, Florida Statutes, is reenacted to read:

31         233.09  Duties of each state instructional materials

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  committee.--The duties of each state instructional materials

 2  committee shall be:

 3         (4)  EVALUATION OF INSTRUCTIONAL MATERIALS.--To

 4  evaluate carefully all instructional materials submitted, to

 5  ascertain which instructional materials, if any, submitted for

 6  consideration best implement the selection criteria developed

 7  by the Commissioner of Education and those curricular

 8  objectives included within applicable performance standards

 9  provided for in s. 229.565.

10         (a)  When recommending instructional materials for use

11  in the schools, each committee shall include only

12  instructional materials that accurately portray the ethnic,

13  socioeconomic, cultural, and racial diversity of our society,

14  including men and women in professional, vocational, and

15  executive roles, and the role and contributions of the

16  entrepreneur and labor in the total development of this state

17  and the United States.

18         (b)  When recommending instructional materials for use

19  in the schools, each committee shall include only materials

20  which accurately portray, whenever appropriate, humankind's

21  place in ecological systems, including the necessity for the

22  protection of our environment and conservation of our natural

23  resources and the effects on the human system of the use of

24  tobacco, alcohol, controlled substances, and other dangerous

25  substances.

26         (c)  When recommending instructional materials for use

27  in the schools, each committee shall require such materials as

28  it deems necessary and proper to encourage thrift, fire

29  prevention, and humane treatment of people and animals.

30         (d)  When recommending instructional materials for use

31  in the schools, each committee shall require, when appropriate

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  to the comprehension of pupils, that materials for social

 2  science, history, or civics classes contain the Declaration of

 3  Independence and the Constitution of the United States.  No

 4  instructional materials shall be recommended by any committee

 5  for use in the schools which contain any matter reflecting

 6  unfairly upon persons because of their race, color, creed,

 7  national origin, ancestry, gender, or occupation.

 8         (e)  All instructional materials recommended by each

 9  committee for use in the schools shall be, to the satisfaction

10  of each committee, accurate, objective, and current and suited

11  to the needs and comprehension of pupils at their respective

12  grade levels. Instructional materials committees shall

13  consider for adoption materials developed for academically

14  talented students such as those enrolled in advanced placement

15  courses.

16         (f)  When recommending instructional materials for use

17  in the schools, each committee shall have the recommendations

18  of all districts which submit evaluations on the materials

19  submitted for adoption in that particular subject area

20  aggregated and presented to the members to aid them in the

21  selection process; however, such aggregation shall be weighted

22  in accordance with the full-time equivalent student percentage

23  of each district. Each committee shall prepare an additional

24  aggregation, unweighted, with each district recommendation

25  given equal consideration.  No instructional materials shall

26  be evaluated or recommended for adoption unless each of the

27  district committees shall have been loaned the specified

28  number of samples.

29         (g)  In addition to relying on statements of publishers

30  or manufacturers of instructional material, any committee may

31  conduct, or cause to be conducted, an independent

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  investigation as to the compliance of submitted materials with

 2  the requirements of this section.

 3         Section 37.  For the purpose of incorporating the

 4  amendments made by this act to section 229.565, Florida

 5  Statutes, in references thereto, paragraph (b) of subsection

 6  (1) of section 233.165, Florida Statutes, is reenacted to

 7  read:

 8         233.165  Standards for selection.--

 9         (1)  In the selection of instructional materials,

10  library books, and other reading material used in the public

11  school system, the standards used to determine the propriety

12  of the material shall include:

13         (b)  The educational purpose to be served by the

14  material. In considering instructional materials for classroom

15  use, priority shall be given to the selection of materials

16  which encompass the state and district performance standards

17  provided for in ss. 229.565 and 232.2454 and which include the

18  instructional objectives contained within the curriculum

19  frameworks approved by the State Board of Education, to the

20  extent that appropriate curriculum frameworks have been

21  approved by the board.

22         Section 38.  For the purpose of incorporating the

23  amendments made by this act to section 229.565, Florida

24  Statutes, in references thereto, paragraph (b) of subsection

25  (3) of section 233.25, Florida Statutes, is reenacted to read:

26         233.25  Duties, responsibilities, and requirements of

27  publishers and manufacturers of instructional

28  materials.--Publishers and manufacturers of instructional

29  materials, or their representatives, shall:

30         (3)  Submit, at a time designated in s. 233.14, the

31  following information:

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         (b)  Written proof that the publisher has provided

 2  written correlations to appropriate curricular objectives

 3  included within applicable performance standards provided for

 4  in s. 229.565.

 5         Section 39.  For the purpose of incorporating the

 6  amendments made by this act to section 230.23, Florida

 7  Statutes, in references thereto, subsection (3) of section

 8  239.229, Florida Statutes, 1998 Supplement, is reenacted to

 9  read:

10         239.229  Vocational standards.--

11         (3)  Each area technical center operated by a school

12  board shall establish a center advisory council pursuant to s.

13  229.58.  The center advisory council shall assist in the

14  preparation and evaluation of center improvement plans

15  required pursuant to s. 230.23(16) and may provide assistance,

16  upon the request of the center director, in the preparation of

17  the center's annual budget and plan as required by s.

18  229.555(1).

19         Section 40.  For the purpose of incorporating the

20  amendments made by this act to section 229.592, Florida

21  Statutes, in references thereto, subsection (4) of section

22  240.118, Florida Statutes, is reenacted to read:

23         240.118  Postsecondary feedback of information to high

24  schools.--

25         (4)  As a part of the school improvement plan pursuant

26  to s. 229.592, the State Board of Education shall ensure that

27  each school district and high school develops strategies to

28  improve student readiness for the public postsecondary level

29  based on annual analysis of the feedback report data.

30         Section 41.  Subsections (29), (40), and (42) of

31  section 228.041, Florida Statutes, 1998 Supplement, are

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  amended to read:

 2         228.041  Definitions.--Specific definitions shall be as

 3  follows, and wherever such defined words or terms are used in

 4  the Florida School Code, they shall be used as follows:

 5         (29)  DROPOUT.--A dropout is a student not subject to

 6  compulsory school attendance, as defined in s. 232.01, who

 7  meets any one or more of the following criteria:

 8         (a)  The student has voluntarily removed himself or

 9  herself from the school system before graduation for reasons

10  that include, but are not limited to, marriage, or the student

11  has withdrawn from school because he or she has failed the

12  statewide student assessment test and thereby does not receive

13  any of the certificates of completion;

14         (b)  The student has not met the relevant attendance

15  requirements of the school district pursuant to State Board of

16  Education rules, or the student was expected to attend a

17  school but did not enter as expected for unknown reasons, or

18  the student's whereabouts are unknown;

19         (c)  The student has withdrawn from school, but has not

20  transferred to another public or private school or enrolled in

21  any vocational, adult, home education, or alternative

22  educational program;

23         (d)  The student has withdrawn from school due to

24  hardship, unless such withdrawal has been granted under the

25  provisions of s. 322.091, court action, expulsion, medical

26  reasons, or pregnancy; or

27         (e)  The student is not eligible to attend school

28  because of reaching the maximum age for an exceptional student

29  program in accordance with the district's policy.

30

31  Students not exempt from attendance pursuant to s. 232.06 and

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  who are subject to compulsory school attendance under s.

 2  232.01 and who stop attending school are habitual truants as

 3  defined in subsection (28) and are not considered dropouts.

 4  The State Board of Education may adopt rules to implement the

 5  provisions of this subsection.

 6         (40)  GRADUATION RATE.--The term "graduation rate"

 7  means the percentage of students who graduate from high school

 8  within 4 years after entering 9th grade for the first time,

 9  not counting students who transfer out of the student

10  population to enroll in another school system; students who

11  withdraw to enroll in a private school, a home education

12  program, or an adult education program; or deceased students.

13  Incoming transfer students, at the time of their enrollment,

14  are included in the count of the class with which they are

15  scheduled to graduate. For this rate calculation, students are

16  counted as graduates upon receiving a standard high school

17  diploma, as provided in s. 232.246, or a special diploma, as

18  provided in s. 232.247. Also counted as graduates are

19  calculated by dividing the number of entering 9th graders into

20  the number of students who receive, 4 years later, a high

21  school diploma, a special diploma, or a certificate of

22  completion, as provided for in s. 232.246, or who receive a

23  special certificate of completion, as provided in s. 232.247,

24  and students 19 years of age or younger who receive a general

25  equivalency diploma, as provided in s. 229.814. The number of

26  9th grade students used in the calculation of a graduation

27  rate for this state shall be students enrolling in the grade

28  for the first time. In conjunction with calculating the

29  graduation rate for this state, the Department of Education

30  shall conduct a study to evaluate the impact of the rate of

31  students who withdraw from high school to attend adult

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  education programs and the students in exceptional student

 2  education programs. The department shall report its findings

 3  to the Legislature by February 1, 2000. The Department of

 4  Education may calculate a 5-year graduation rate using the

 5  same methodology described in this section.

 6         (42)  DROPOUT RATE.--The term "high school dropout

 7  rate" means the annual percentage calculated by dividing the

 8  number of students in grades 9 through 12 who are classified

 9  as dropouts, pursuant to subsection (29), by the total number

10  of students in grades 9-12 in attendance at any time during

11  the school year over the age of compulsory school attendance,

12  pursuant to s. 232.01, at the time of the fall membership

13  count, into the number of students who withdraw from school

14  during a given school year and who are classified as dropouts

15  pursuant to subsection (29). The Department of Education shall

16  report the number of students initially classified as students

17  who transfer to an adult education program but who do not

18  enroll in an adult education program.

19         Section 42.  Paragraph (f) of subsection (9) of section

20  228.056, Florida Statutes, 1998 Supplement, is amended to

21  read:

22         228.056  Charter schools.--

23         (9)  CHARTER.--The major issues involving the operation

24  of a charter school shall be considered in advance and written

25  into the charter. The charter shall be signed by the governing

26  body of the charter school and the sponsor, following a public

27  hearing to ensure community input.

28         (f)  Upon receipt of the annual report required by

29  paragraph (d), the Department of Education shall provide to

30  the State Board of Education, the Commissioner of Education,

31  the President of the Senate, and the Speaker of the House of

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  Representatives an analysis and comparison of the overall

 2  performance of charter school students, to include all

 3  students whose scores are counted as part of the state

 4  norm-referenced assessment program tests, versus comparable

 5  public school students in the district as determined by the

 6  state norm-referenced assessment program tests currently

 7  administered in the school district, and, as appropriate, the

 8  Florida Writes Assessment Test, the High School Competency

 9  Test, and other assessments administered pursuant to s.

10  229.57(3).

11         Section 43.  Business and corporate entities are

12  encouraged to enter into partnership with low-performing and

13  failing schools in order to promote improved learning. Areas

14  of partnership should include, but need not be limited to,

15  student mentoring, student tutoring, supplemental funding,

16  promotion of extracurricular activities, development of

17  after-school programs, and maintenance of school grounds.

18         Section 44.  Subsection (2) of section 230.202, Florida

19  Statutes, is amended to read:

20         230.202  District school board members; compensation.--

21         (2)  Notwithstanding provisions of chapter 145 or this

22  chapter to the contrary, the annual salaries of district

23  school board members for 1993 and each year thereafter shall

24  be established at the same amounts as those members were paid

25  for fiscal year 1991-1992, adjusted by each annual increase

26  provided for in chapter 145.  Any salary previously paid to

27  district school board members which was consistent with

28  chapter 145 and this section is hereby ratified and validated.

29  By June 30, 2002, at least 5 percent of the salary of school

30  board members must be based on the annual performance of

31  students as measured by state assessments pursuant to State

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  Board of Education rules.

 2         Section 45.  Subsection (3) of section 230.303, Florida

 3  Statutes, is amended to read:

 4         230.303  Superintendent of schools.--

 5         (3)  Notwithstanding provisions of chapter 145 or this

 6  chapter to the contrary, the annual salaries of elected

 7  superintendents of schools for 1993 and each year thereafter

 8  shall be established at the same amounts as those

 9  superintendents were paid for fiscal year 1991-1992, adjusted

10  by each annual increase provided for in chapter 145.  Any

11  salary previously paid to elected superintendents which was

12  consistent with chapter 145 and this section is hereby

13  ratified and validated. By June 30, 2002, at least 5 percent

14  of the salary of elected superintendents must be based on the

15  annual performance of students as measured by state

16  assessments pursuant to State Board of Education rules.

17         Section 46.  The Legislature intends to implement a

18  comprehensive approach to increase students' academic

19  achievement and improve teaching quality. The Legislature

20  recognizes that professional educators shape the future of

21  this state and the nation by developing the knowledge and

22  skills of our future workforce and laying the foundation for

23  good citizenship and full participation in community and civic

24  life. The Legislature also recognizes its critical role in

25  meeting the state's educational goals and preparing all

26  students to achieve at the high levels set by the Sunshine

27  State Standards. The purpose of this act is to raise standards

28  for certifying professional educators; establish Institutes

29  for Excellence in Teaching to respond to professional

30  development needs; increase accountability for postsecondary

31  programs that prepare future educators; increase the ability

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  of professional educators to use technology to enhance student

 2  learning; and increase accountability for administrators who

 3  evaluate teacher performance. To further this initiative, the

 4  Department of Education must review the provisions of chapter

 5  231, Florida Statutes, and related administrative rules

 6  governing the certification of individuals who must hold state

 7  certification as a condition of employment in any district

 8  school system. The purpose of the review is to identify ways

 9  to make the certification process more efficient and

10  responsive to the needs of district school systems and

11  educators; to maintain rigorous standards for initial and

12  continuing certification; and to provide more alternative

13  certification options for individuals who have specific

14  subject-area expertise but have not completed a standard

15  teacher preparation program. The department must evaluate the

16  rigor of the assessment instruments and passing scores

17  required for certification and should consider components of

18  more rigorous and efficient certification systems in other

19  states, including those states in which educators govern their

20  profession through autonomous or semi-autonomous governing

21  boards. When reviewing the certification assessment

22  instruments, the department must consider alternatives that

23  assess applicants' general knowledge of science in addition to

24  their abilities to read, write, and compute mathematically.

25  The department may request assistance from the Education

26  Standards Commission. By January 1, 2000, the department must

27  submit its findings and recommendations for revision of

28  statutes and administrative rules to the presiding officers of

29  the Senate, the House of Representatives, and the State Board

30  of Education.

31         Section 47.  Subsection (1) of section 231.02, Florida

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  Statutes, 1998 Supplement, is amended to read:

 2         231.02  Qualifications of personnel.--

 3         (1)  To be eligible for appointment in any position in

 4  any district school system, a person shall be of good moral

 5  character; shall have attained the age of 18 years, if he or

 6  she is to be employed in an instructional capacity; and shall,

 7  when required by law, hold a certificate or license issued

 8  under rules of the State Board of Education or the Department

 9  of Health and Rehabilitative Services, except when employed

10  pursuant to s. 231.15 or under the emergency provisions of s.

11  236.0711.  Previous residence in this state shall not be

12  required in any school of the state as a prerequisite for any

13  person holding a valid Florida certificate or license to serve

14  in an instructional capacity.

15         Section 48.  Subsection (2) of section 231.0861,

16  Florida Statutes, is amended to read:

17         231.0861  Principals and assistant principals;

18  selection.--

19         (2)  By July 1, 1986, Each district school board shall

20  adopt and implement an objective-based process for the

21  screening, selection, and appointment of assistant principals

22  and principals in the public schools of this state which meets

23  the criteria approved by the State Board of Education Florida

24  Council on Educational Management.  Each school district may

25  contract with other local school districts, agencies,

26  associations, private entities, or universities to conduct the

27  assessments, evaluations, and training programs required under

28  this section.

29         Section 49.  Section 231.085, Florida Statutes, is

30  amended to read:

31         231.085  Duties of principals.--A district school board

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  shall employ, through written contract, public school

 2  principals who shall supervise the operation and management of

 3  the schools and property as the board determines necessary.

 4  Each principal is responsible for the performance of all

 5  personnel employed by the school board and assigned to the

 6  school to which the principal is assigned. The principal shall

 7  faithfully and effectively apply the personnel-assessment

 8  system approved by the school board pursuant to s. 231.29.

 9  Each principal shall perform such duties as may be assigned by

10  the superintendent pursuant to the rules of the school board.

11  Such rules shall include, but not be limited to, rules

12  relating to administrative responsibility, instructional

13  leadership in implementing the Sunshine State Standards and of

14  the overall educational program of the school to which the

15  principal is assigned, submission of personnel recommendations

16  to the superintendent, administrative responsibility for

17  records and reports, administration of corporal punishment,

18  and student suspension.  Each principal shall provide

19  leadership in the development or revision and implementation

20  of a school improvement plan pursuant to s. 230.23(16).

21         Section 50.  Paragraph (a) of subsection (5) of section

22  231.087, Florida Statutes, is amended, and subsection (7) is

23  added to that section, to read:

24         231.087  Management Training Act; Florida Council on

25  Educational Management; Florida Academy for School Leaders;

26  Center for Interdisciplinary Advanced Graduate Study.--

27         (5)  DISTRICT MANAGEMENT TRAINING PROGRAMS.--

28         (a)  Pursuant to rules guidelines to be adopted by the

29  State Board of Education Florida Council on Educational

30  Management, each school board may submit to the commissioner a

31  proposed program designed to train district administrators and

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  school-based managers, including principals, assistant

 2  principals, school site administrators, and persons who are

 3  potential candidates for employment in such administrative

 4  positions, in the competencies which have been identified by

 5  the Florida Council on Educational Management council as being

 6  necessary for effective school management. The proposed

 7  program shall include a statement of the number of individuals

 8  to be included in the program and an itemized statement of the

 9  estimated total cost of the program, which shall be paid in

10  part by the district and in part by the department.

11         (7)  REPEAL AND REVIEW OF MANAGEMENT ACT.--The Office

12  of Program Policy Analysis and Governmental Accountability, in

13  consultation with the Department of Education, shall conduct a

14  comprehensive review of the Management Training Act to

15  determine its effectiveness and by January 1, 2000, shall make

16  recommendations to the presiding officers of the Legislature

17  for the repeal, revision, or reauthorization of the act. This

18  section is repealed effective June 30, 2000.

19         Section 51.  Section 231.09, Florida Statutes, is

20  amended to read:

21         231.09  Duties of instructional personnel.--The primary

22  duty of instructional personnel is to work diligently and

23  faithfully to help students meet or exceed annual learning

24  goals, to meet state and local achievement requirements, and

25  to master the skills required to graduate from high school

26  prepared for postsecondary education and work. This duty

27  applies to instructional personnel whether they teach or

28  function in a support role. Members of the instructional staff

29  of the public schools shall perform duties prescribed by rules

30  of the school board.  Such rules shall include, but not be

31  limited to, rules relating to a teacher's duty to help

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  students master challenging standards and meet all state and

 2  local requirements for achievement; teaching efficiently and

 3  faithfully, using prescribed materials and methods, including

 4  technology-based instruction; recordkeeping; and fulfilling

 5  the terms of any contract, unless released from the contract

 6  by the school board.

 7         Section 52.  Section 231.096, Florida Statutes, 1998

 8  Supplement, is amended to read:

 9         231.096  Teacher teaching out-of-field;

10  assistance.--Each school district school board shall adopt and

11  implement have a plan to assist any teacher teaching

12  out-of-field, and priority consideration in professional

13  development activities shall be given to teachers who are

14  teaching out-of-field. The school board shall require that

15  such teachers participate in a certification or

16  staff-development program designed to ensure that the teacher

17  has the competencies required for the assigned duties. The

18  board-approved assistance plan must include duties of

19  administrative personnel and other instructional personnel to

20  ensure that students receive high-quality instructional

21  services.

22         Section 53.  Section 231.145, Florida Statutes, is

23  amended to read:

24         231.145  Purpose of instructional personnel

25  certification.--It is the intent of the Legislature that

26  school personnel certified in this state possess the

27  credentials, knowledge, and skills necessary to provide a

28  high-quality quality education in the public schools.  The

29  purpose of school personnel certification is to protect the

30  educational interests of students, parents, and the public at

31  large by assuring that teachers in this state are

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  professionally qualified.  In fulfillment of its duty to the

 2  citizens of this state, the Legislature has established

 3  certification requirements to assure that educational

 4  personnel in public schools possess appropriate skills in

 5  reading, writing, and mathematics, and adequate pedagogical

 6  knowledge, including the use of technology to enhance student

 7  learning, and relevant subject matter competence so as to and

 8  can demonstrate an acceptable level of professional

 9  performance.  Further, the Legislature has established a

10  certificate renewal process which promotes the continuing

11  professional improvement of school personnel, thereby

12  enhancing public education in all areas of the state.

13         Section 54.  Section 231.15, Florida Statutes, 1998

14  Supplement, is amended to read:

15         231.15  Positions for which certificates required.--

16         (1)  The State Board of Education shall classify school

17  services, designate the certification subject areas, establish

18  competencies, including the use of technology to enhance

19  student learning, and certification requirements for all

20  school-based personnel, and prescribe rules in accordance with

21  which the professional, temporary, and part-time certificates

22  shall be issued by the Department of Education to applicants

23  who meet the standards prescribed by such rules for their

24  class of service. The rules must allow the holder of a valid

25  professional certificate to add an area of certification

26  without completing the associated course requirements if the

27  certificateholder attains a passing score on an examination of

28  competency in the subject area to be added and provides

29  evidence of at least 2 years of satisfactory performance

30  evaluations that considered the performance of students taught

31  by the certificateholder. The rules must allow individuals who

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  have specific subject area expertise but who have not

 2  completed a standard teacher preparation program to

 3  participate in a state-approved alternative certification

 4  program for a professional certificate. As appropriate, this

 5  program must provide for demonstration competencies in lieu of

 6  completion of a specific number of college course credit hours

 7  in the areas of assessment; communication; critical thinking;

 8  human development and learning; classroom management;

 9  planning; technology; diversity; teacher responsibility; code

10  of ethics; and continuous professional improvement. The State

11  Board of Education shall consult with the State Board of

12  Independent Colleges and Universities, the State Board of

13  Nonpublic Career Education, the Board of Regents, and the

14  State Board of Community Colleges before adopting any changes

15  to training requirements relating to entry into the

16  profession. This consultation must allow the educational board

17  to provide advice regarding the impact of the proposed changes

18  in terms of the length of time necessary to complete the

19  training program and the fiscal impact of the changes. The

20  educational board must be consulted only when an institution

21  offering the training program falls under its jurisdiction.

22  Each person employed or occupying a position as school

23  supervisor, principal, teacher, library media specialist,

24  school counselor, athletic coach, or other position in which

25  the employee serves in an instructional capacity, in any

26  public school of any district of this state shall hold the

27  certificate required by law and by rules of the state board in

28  fulfilling the requirements of the law for the type of service

29  rendered.  However, the state board shall adopt rules

30  authorizing school boards to employ selected noncertificated

31  personnel to provide instructional services in the

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  individuals' fields of specialty or to assist instructional

 2  staff members as education paraprofessionals.

 3         (2)  Each person who is employed and renders service as

 4  an athletic coach in any public school in any district of this

 5  state shall hold a valid part-time, temporary, or professional

 6  certificate. The provisions of this subsection do not apply to

 7  any athletic coach who voluntarily renders service and who is

 8  not employed by any public school district of this state.

 9         (3)  Each person employed as a school nurse shall hold

10  a license to practice nursing in the state, and each person

11  employed as a school physician shall hold a license to

12  practice medicine in the state.  The provisions of this

13  subsection shall not apply to any athletic coach who renders

14  service in a voluntary capacity and who is not employed by any

15  public school of any district in this state.

16         (4)(2)  A commissioned or noncommissioned military

17  officer who is an instructor of junior reserve officer

18  training shall be exempt from requirements for teacher

19  certification, except for the filing of fingerprints pursuant

20  to s. 231.02, if he or she meets the following qualifications:

21         (a)  Is retired from active military duty with at least

22  20 years of service and draws retirement pay or is retired, or

23  transferred to retired reserve status, with at least 20 years

24  of active service and draws retirement pay or retainer pay.

25         (b)  Satisfies criteria established by the appropriate

26  military service for certification by the service as a junior

27  reserve officer training instructor.

28         (c)  Has an exemplary military record.

29

30  If such instructor is assigned instructional duties other than

31  junior reserve officer training, he or she shall hold the

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  certificate required by law and rules of the state board for

 2  the type of service rendered.

 3         Section 55.  Paragraph (c) of subsection (3) and

 4  subsections (4), (5), and (8) of section 231.17, Florida

 5  Statutes, 1998 Supplement, are amended to read:

 6         231.17  Official statements of eligibility and

 7  certificates granted on application to those meeting

 8  prescribed requirements.--

 9         (3)  TEMPORARY CERTIFICATE.--

10         (c)  To qualify for a temporary certificate, the

11  applicant must:

12         1.  File a written statement under oath that the

13  applicant subscribes to and will uphold the principles

14  incorporated in the Constitutions of the United States and of

15  the State of Florida.

16         2.  Be at least 18 years of age.

17         3.  Document receipt of a bachelor's or higher degree

18  from an accredited institution of higher learning, as defined

19  by state board rule. Credits and degrees awarded by a newly

20  created Florida state institution that is part of the State

21  University System shall be considered as granted by an

22  accredited institution of higher learning during the first 2

23  years of course offerings while accreditation is gained.

24  Degrees from foreign institutions, or degrees from other

25  institutions of higher learning that are in the accreditation

26  process, may be validated by a process established in state

27  board rule. Once accreditation is gained, the institution

28  shall be considered as accredited beginning with the 2-year

29  period prior to the date of accreditation. The bachelor's or

30  higher degree may not be required in areas approved in rule by

31  the State Board of Education as nondegreed areas. Each

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  applicant seeking initial certification must have attained at

 2  least a 2.5 overall grade point average on a 4.0 scale in the

 3  applicant's major field of study. The applicant may document

 4  the required education by submitting official transcripts from

 5  institutions of higher education or by authorizing the direct

 6  submission of such official transcripts through established

 7  electronic network systems.

 8         4.  Be competent and capable of performing the duties,

 9  functions, and responsibilities of a teacher.

10         5.  Be of good moral character.

11         6.  Demonstrate mastery of general knowledge, including

12  the ability to read, write, compute, and use technology for

13  classroom instruction. Individuals who apply for certification

14  on or after July 1, 2000, must demonstrate these minimum

15  competencies in order to receive a temporary certificate.

16  Acceptable means of demonstrating such mastery is an

17  individual's achievement of passing scores on other states'

18  general knowledge examinations or a valid standard teaching

19  certificate issued by another state that requires mastery of

20  general knowledge.

21

22  Rules adopted pursuant to this section shall provide for the

23  review and acceptance of credentials from foreign institutions

24  of higher learning.

25         (4)  PROFESSIONAL CERTIFICATE.--The department shall

26  issue a professional certificate for a period not to exceed 5

27  years to any applicant who meets the requirements for a

28  temporary certificate and documents mastery of the minimum

29  competencies required by subsection (5). Mastery of the

30  minimum competencies must be documented on a comprehensive

31  written examination or through other criteria as specified by

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  rules of the state board. Mastery of minimum competencies

 2  required under subsection (5) must be demonstrated in the

 3  following areas:

 4         (a)  General knowledge, including the ability to read,

 5  write, and compute, and use technology for classroom

 6  instruction. However, individuals who apply for certification

 7  on or after July 1, 2000, must demonstrate these minimum

 8  competencies in order to receive a temporary certificate.

 9  Acceptable means of demonstrating such mastery is an

10  individual's achievement of passing scores on other states'

11  general knowledge examinations or a valid standard teaching

12  certificate issued by another state that requires mastery of

13  general knowledge.

14         (b)  Professional skills and knowledge of the standards

15  of professional practice.

16         (c)  The subject matter in each area for which

17  certification is sought.

18         (5)  MINIMUM COMPETENCIES FOR PROFESSIONAL

19  CERTIFICATE.--

20         (a)  The state board must specify, by rule, the minimum

21  essential competencies that educators must possess and

22  demonstrate in order to qualify to teach students the

23  standards of student performance adopted by the state board.

24  The minimum competencies must include but are not limited to

25  the ability to:

26         1.  Write in a logical and understandable style with

27  appropriate grammar and sentence structure.

28         2.  Read, comprehend, and interpret professional and

29  other written material.

30         3.  Comprehend and work with fundamental mathematical

31  concepts, including algebra.

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         4.  Recognize signs of students' difficulty with the

 2  reading process and apply appropriate measures to improve

 3  students' reading performance.

 4         5.4.  Recognize signs of severe emotional distress in

 5  students and apply techniques of crisis intervention with an

 6  emphasis on suicide prevention and positive emotional

 7  development.

 8         6.5.  Recognize signs of alcohol and drug abuse in

 9  students and know how to appropriately work with such students

10  and seek assistance designed to prevent apply counseling

11  techniques with emphasis on intervention and prevention of

12  future abuse.

13         7.6.  Recognize the physical and behavioral indicators

14  of child abuse and neglect, know rights and responsibilities

15  regarding reporting, know how to care for a child's needs

16  after a report is made, and know recognition, intervention,

17  and prevention strategies pertaining to child abuse and

18  neglect which can be related to children in a classroom

19  setting in a nonthreatening, positive manner.

20         8.7.  Comprehend patterns of physical, social, and

21  academic development in students, including exceptional

22  students in the regular classroom, and counsel these students

23  concerning their needs in these areas.

24         9.8.  Recognize and be aware of the instructional needs

25  of exceptional students.

26         10.9.  Comprehend patterns of normal development in

27  students and employ appropriate intervention strategies for

28  disorders of development.

29         11.10.  Identify and comprehend the codes and standards

30  of professional ethics, performance, and practices adopted

31  pursuant to s. 231.546(2)(b), the grounds for disciplinary

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  action provided by s. 231.28, and the procedures for resolving

 2  complaints filed pursuant to this chapter, including appeal

 3  processes.

 4         12.11.  Recognize and demonstrate awareness of the

 5  educational needs of students who have limited proficiency in

 6  English and employ appropriate teaching strategies.

 7         13.12.  Use and integrate appropriate technology in

 8  teaching and learning processes and in managing, evaluating,

 9  and improving instruction.

10         14.13.  Use assessment and other diagnostic strategies

11  to assist the continuous development of the learner.

12         15.14.  Use teaching and learning strategies that

13  include considering each student's culture, learning styles,

14  special needs, and socioeconomic background.

15         16.15.  Demonstrate knowledge and understanding of the

16  subject matter that is aligned with the subject knowledge and

17  skills specified in the Sunshine State Standards and student

18  performance standards approved by the state board.

19         17.  Recognize the early signs of truancy in students

20  and identify effective interventions to avoid or resolve

21  nonattendance behavior.

22         18.  Demonstrate knowledge and skill in managing

23  student behavior inside and outside the classroom. Such

24  knowledge and skill must include techniques for preventing and

25  effectively responding to incidents of disruptive or violent

26  behavior.

27         19.  Demonstrate knowledge of and skill in developing

28  and administering appropriate classroom assessment instruments

29  designed to measure student learning gains.

30         20.  Demonstrate the ability to maintain a positive

31  collaborative relationship with students' families to increase

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  student achievement.

 2         (b)  The state board shall designate the certification

 3  areas for subject area tests. However, an applicant may

 4  satisfy the subject area and professional knowledge testing

 5  requirements by attaining scores on corresponding tests from

 6  the National Teachers Examination series, and successors to

 7  that series, that meet standards established by the state

 8  board. The College Level Academic Skills Test, a similar test

 9  approved by the state board, or corresponding tests from,

10  beginning January 1, 1996, the National Teachers Examination

11  series must be used by degreed personnel to demonstrate

12  mastery of general knowledge as required in paragraphs (3)(c)

13  and paragraph (4)(a). All required tests may be taken prior to

14  graduation. The College Level Academic Skills Test shall be

15  waived for any applicant who passed the reading, writing, and

16  mathematics subtest of the former Florida Teacher

17  Certification Examination or the College Level Academic Skills

18  Test and subsequently obtained a certificate pursuant to this

19  chapter.

20         (8)  EXAMINATIONS.--

21         (a)  The commissioner, with the approval of the state

22  board, may contract for developing, printing, administering,

23  scoring, and appropriate analysis of the written tests

24  required.

25         (b)  The state board shall, by rule, specify the

26  examination scores that are required for the issuance of a

27  professional certificate and certain temporary certificate

28  certificates. When the College Level Academic Skills Test is

29  used to demonstrate general knowledge, Such rules must provide

30  an alternative method by which an applicant may demonstrate

31  mastery of general knowledge, including the ability to read,

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  write, or compute; must define generic subject area

 2  competencies; and must establish uniform evaluation

 3  guidelines. Individuals who apply for their professional

 4  certificate before July 1, 2000, may demonstrate mastery of

 5  general knowledge pursuant to the alternative method specified

 6  by state board rule which The alternative method must:

 7         1.  Apply only to an applicant who has successfully

 8  completed all prerequisites for issuance of the professional

 9  certificate, except passing one specific subtest of the

10  College Level Academic Skills Test, and who has taken and

11  failed to achieve a passing score on that subtest at least

12  four times.

13         2.  Require notification from the superintendent of the

14  employing school district, the governing authority of the

15  employing developmental research school, or the governing

16  authority of the employing state-supported school or nonpublic

17  school that the applicant has satisfactorily demonstrated

18  mastery of the subject area covered by that specific subtest

19  through successful experience in the professional application

20  of generic subject area competencies and proficient academic

21  performance in that subject area. The decision of the

22  superintendent or governing authority shall be based on a

23  review of the applicant's official academic transcript and

24  notification from the applicant's principal, a peer teacher,

25  and a district-level supervisor that the applicant has

26  demonstrated successful professional experience in that

27  subject area.

28         (c)  If an applicant takes an examination developed by

29  this state and does not achieve the score necessary for

30  certification, the applicant may review his or her completed

31  examination and bring to the attention of the department any

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  errors that would result in a passing score.

 2         (d)  The department and the board shall maintain

 3  confidentiality of the examination, developmental materials,

 4  and workpapers, and the examination, developmental materials,

 5  and workpapers are exempt from s. 119.07(1).

 6         Section 56.  Subsection (3) is added to section

 7  231.1725, Florida Statutes, 1998 Supplement, to read:

 8         231.1725  Employment of substitute teachers, teachers

 9  of adult education, and nondegreed teachers of career

10  education; students performing clinical field experience.--

11         (3)  A student who is enrolled in a state-approved

12  teacher preparation program in an institution of higher

13  education which is approved by rules of the State Board of

14  Education and who is jointly assigned by the institution of

15  higher education and a school board to perform a clinical

16  field experience under the direction of a regularly employed

17  and certified educator shall, while serving such supervised

18  clinical field experience, be accorded the same protection of

19  law as that accorded to the certified educator except for the

20  right to bargain collectively as employees of the school

21  board.

22         Section 57.  Section 231.174, Florida Statutes, is

23  amended to read:

24         231.174  Alternative preparation programs for certified

25  teachers to add additional coverage.--A district school board

26  may design alternative teacher preparation programs to enable

27  persons already certificated to add an additional coverage to

28  their certificates to teach exceptional education classes or

29  in other areas of critical shortage.  Each alternative teacher

30  preparation program shall be reviewed and approved by the

31  Department of Education to assure that persons who complete

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  the program are competent in the necessary areas of subject

 2  matter specialization.  Two or more school districts may

 3  jointly participate in an alternative preparation program for

 4  teachers.

 5         Section 58.  Subsection (3) of section 231.29, Florida

 6  Statutes, 1998 Supplement, is amended to read:

 7         231.29  Assessment procedures and criteria.--

 8         (3)  The assessment procedure for instructional

 9  personnel and school administrators must be primarily based on

10  the performance of students assigned to their classrooms or

11  schools, as appropriate. The procedures must shall comply

12  with, but need shall not be limited to, the following

13  requirements:

14         (a)  An assessment must shall be conducted for each

15  employee at least once a year. The assessment must shall be

16  based upon sound educational principles and contemporary

17  research in effective educational practices. Beginning with

18  the full implementation of an annual assessment of learning

19  gains, the assessment must primarily use data and indicators

20  of improvement in student performance assessed annually as

21  specified in s. 229.57 and may consider results of peer

22  reviews in evaluating the employee's performance. Student

23  performance must be measured by state assessments required

24  under s. 229.57 and by local assessments for subjects and

25  grade levels not measured by the state assessment program. The

26  assessment criteria must include, but are not limited to,

27  indicators that relate to the following:

28         1.  Performance of students.

29         2.1.  Ability to maintain appropriate discipline.

30         3.2.  Knowledge of subject matter. The district school

31  board shall make special provisions for evaluating teachers

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  who are assigned to teach out-of-field.

 2         4.3.  Ability to plan and deliver instruction,

 3  including the use of technology in the classroom.

 4         5.4.  Ability to evaluate instructional needs.

 5         6.5.  Ability to establish and maintain a positive

 6  collaborative relationship with students' families to increase

 7  student achievement communicate with parents.

 8         7.6.  Other professional competencies,

 9  responsibilities, and requirements as established by rules of

10  the State Board of Education and policies of the district

11  school board.

12         (b)  All personnel must shall be fully informed of the

13  criteria and procedures associated with the assessment process

14  before the assessment takes place.

15         (c)  The individual responsible for supervising the

16  employee must assess the employee's performance. The evaluator

17  must submit a written report of the assessment to the

18  superintendent for the purpose of reviewing the employee's

19  contract. If the employee is assigned to a school designated

20  in performance grade categories "D" or "F" and was rated

21  unsatisfactory on any function related to the employee's

22  instructional or administrative duties, the superintendent, in

23  consultation with the employee's evaluator, shall review the

24  employee's performance assessment. If the superintendent

25  determines that the lack of general knowledge, subject area

26  expertise, or other professional competencies contributed to

27  the employee's unsatisfactory performance, the superintendent

28  shall notify the district school board of that determination.

29  The district school board shall require those employees, as

30  part of their performance probation, to take and receive a

31  passing score on a test of general knowledge, subject area

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  expertise, or professional competencies, whichever is

 2  appropriate.  The tests required by this paragraph shall be

 3  those required for certification under chapter 231 and rules

 4  of the State Board of Education.  The evaluator must submit

 5  the written report to the employee no later than 10 days after

 6  the assessment takes place.  The evaluator must discuss the

 7  written report of assessment with the employee. The employee

 8  shall have the right to initiate a written response to the

 9  assessment, and the response shall become a permanent

10  attachment to his or her personnel file.

11         (d)  If an employee is not performing his or her duties

12  in a satisfactory manner, the evaluator shall notify the

13  employee in writing of such determination. The notice must

14  describe such unsatisfactory performance and include notice of

15  the following procedural requirements:

16         1.  Upon delivery of a notice of unsatisfactory

17  performance, the evaluator must confer with the employee, make

18  recommendations with respect to specific areas of

19  unsatisfactory performance, and provide assistance in helping

20  to correct deficiencies within a prescribed period of time.

21         2.a.  If the employee holds a professional service

22  contract as provided in s. 231.36, the employee shall be

23  placed on performance probation and governed by the provisions

24  of this section for 90 calendar days following from the

25  receipt of the notice of unsatisfactory performance to

26  demonstrate corrective action. School holidays and school

27  vacation periods are not counted when calculating the

28  90-calendar-day period. During the 90 calendar days, the

29  employee who holds a professional service contract must be

30  evaluated periodically and apprised of progress achieved and

31  must be provided assistance and inservice training

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  opportunities to help correct the noted performance

 2  deficiencies. At any time during the 90 calendar days, the

 3  employee who holds a professional service contract may request

 4  a transfer to another appropriate position with a different

 5  supervising administrator; however, a transfer does not extend

 6  the period for correcting performance deficiencies.

 7         b.3.  Within 14 days after the close of the 90 calendar

 8  days, the evaluator must assess whether the performance

 9  deficiencies have been corrected and forward a recommendation

10  to the superintendent. Within 14 days after receiving the

11  evaluator's recommendation, the superintendent must notify the

12  employee who holds a professional service contract in writing

13  whether the performance deficiencies have been satisfactorily

14  corrected and whether the superintendent will recommend that

15  the school board continue or terminate his or her employment

16  contract. If the employee wishes to contest the

17  superintendent's recommendation, the employee must, within 15

18  days after receipt of the superintendent's recommendation,

19  submit a written request for a hearing. Such hearing shall be

20  conducted at the school board's election in accordance with

21  one of the following procedures:

22         (I)a.  A direct hearing conducted by the school board

23  within 60 days after receipt of the written appeal. The

24  hearing shall be conducted in accordance with the provisions

25  of ss. 120.569 and 120.57. A majority vote of the membership

26  of the school board shall be required to sustain the

27  superintendent's recommendation. The determination of the

28  school board shall be final as to the sufficiency or

29  insufficiency of the grounds for termination of employment; or

30         (II)b.  A hearing conducted by an administrative law

31  judge assigned by the Division of Administrative Hearings of

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  the Department of Management Services. The hearing shall be

 2  conducted within 60 days after receipt of the written appeal

 3  in accordance with chapter 120. The recommendation of the

 4  administrative law judge shall be made to the school board. A

 5  majority vote of the membership of the school board shall be

 6  required to sustain or change the administrative law judge's

 7  recommendation. The determination of the school board shall be

 8  final as to the sufficiency or insufficiency of the grounds

 9  for termination of employment.

10         Section 59.  Subsections (1), (4), and (6) of section

11  231.36, Florida Statutes, are amended to read:

12         231.36  Contracts with instructional staff,

13  supervisors, and principals.--

14         (1)(a)  Each person employed as a member of the

15  instructional staff in any district school system shall be

16  properly certificated pursuant to s. 231.17 or employed

17  pursuant to s. 231.1725 and shall be entitled to and shall

18  receive a written contract as specified in chapter 230.  All

19  such contracts, except continuing contracts as specified in

20  subsection (4), shall contain provisions for dismissal during

21  the term of the contract only for just cause. Just cause

22  includes, but is not limited to, the following instances as

23  defined by rule of the State Board of Education: misconduct in

24  office, incompetency, gross insubordination, willful neglect

25  of duty, or conviction of a crime involving moral turpitude.

26         (b)  A supervisor or principal shall be properly

27  certified and shall receive a written contract as specified in

28  chapter 230. Such contract may be for an initial period not to

29  exceed 3 years, subject to annual review and renewal. The

30  first 97 days of an initial contract is a probationary period.

31  During the probationary period, the employee may be dismissed

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  without cause or may resign from the contractual position

 2  without breach of contract. After the first 3 years, the

 3  contract may be renewed for a period not to exceed 3 years and

 4  shall contain provisions for dismissal during the term of the

 5  contract only for just cause, in addition to such other

 6  provisions as are prescribed by the school board.

 7         (4)(a)  An employee who has continuing contract status

 8  prior to July 1, 1984, shall be entitled to retain such

 9  contract and all rights arising therefrom in accordance with

10  existing laws, rules of the State Board of Education, or any

11  laws repealed by this act, unless the employee voluntarily

12  relinquishes his or her continuing contract.

13         (b)  Any member of the district administrative or

14  supervisory staff and any member of the instructional staff,

15  including any principal, who is under continuing contract may

16  be dismissed or may be returned to annual contract status for

17  another 3 years in the discretion of the school board, at the

18  end of the school year, when a recommendation to that effect

19  is submitted in writing to the school board on or before April

20  1 of any school year, giving good and sufficient reasons

21  therefor, by the superintendent, by the principal if his or

22  her contract is not under consideration, or by a majority of

23  the school board.  The employee whose contract is under

24  consideration shall be duly notified in writing by the party

25  or parties preferring the charges at least 5 days prior to the

26  filing of the written recommendation with the school board,

27  and such notice shall include a copy of the charges and the

28  recommendation to the school board.  The school board shall

29  proceed to take appropriate action.  Any decision adverse to

30  the employee shall be made by a majority vote of the full

31  membership of the school board.  Any such decision adverse to

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  the employee may be appealed by the employee pursuant to s.

 2  120.68.

 3         (c)  Any member of the district administrative or

 4  supervisory staff and any member of the instructional staff,

 5  including any principal, who is under continuing contract may

 6  be suspended or dismissed at any time during the school year;

 7  however, the charges against him or her must be based on

 8  immorality, misconduct in office, incompetency, gross

 9  insubordination, willful neglect of duty, drunkenness, or

10  conviction of a crime involving moral turpitude, as these

11  terms are defined by rule of the State Board of Education.

12  Whenever such charges are made against any such employee of

13  the school board, the school board may suspend such person

14  without pay; but, if the charges are not sustained, he or she

15  shall be immediately reinstated, and his or her back salary

16  shall be paid.  In cases of suspension by the school board or

17  by the superintendent, the school board shall determine upon

18  the evidence submitted whether the charges have been sustained

19  and, if the charges are sustained, shall determine either to

20  dismiss the employee or fix the terms under which he or she

21  may be reinstated.  If such charges are sustained by a

22  majority vote of the full membership of the school board and

23  such employee is discharged, his or her contract of employment

24  shall be thereby canceled. Any such decision adverse to the

25  employee may be appealed by the employee pursuant to s.

26  120.68, provided such appeal is filed within 30 days after the

27  decision of the school board.

28         (6)(a)  Any member of the instructional staff,

29  excluding an employee specified in subsection (4), may be

30  suspended or dismissed at any time during the term of the

31  contract for just cause as provided in paragraph (1)(a). The

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  school board must notify the employee in writing whenever

 2  charges are made against the employee and may suspend such

 3  person without pay; but, if the charges are not sustained, the

 4  employee shall be immediately reinstated, and his or her back

 5  salary shall be paid. If the employee wishes to contest the

 6  charges, the employee must, within 15 days after receipt of

 7  the written notice, submit a written request for a hearing.

 8  Such hearing shall be conducted at the school board's election

 9  in accordance with one of the following procedures:

10         1.  A direct hearing conducted by the school board

11  within 60 days after receipt of the written appeal. The

12  hearing shall be conducted in accordance with the provisions

13  of ss. 120.569 and 120.57. A majority vote of the membership

14  of the school board shall be required to sustain the

15  superintendent's recommendation. The determination of the

16  school board shall be final as to the sufficiency or

17  insufficiency of the grounds for termination of employment; or

18         2.  A hearing conducted by an administrative law judge

19  assigned by the Division of Administrative Hearings of the

20  Department of Management Services. The hearing shall be

21  conducted within 60 days after receipt of the written appeal

22  in accordance with chapter 120. The recommendation of the

23  administrative law judge shall be made to the school board. A

24  majority vote of the membership of the school board shall be

25  required to sustain or change the administrative law judge's

26  recommendation. The determination of the school board shall be

27  final as to the sufficiency or insufficiency of the grounds

28  for termination of employment.

29

30  Any such decision adverse to the employee may be appealed by

31  the employee pursuant to s. 120.68, provided such appeal is

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  filed within 30 days after the decision of the school board.

 2         (b)  Any member of the district administrative or

 3  supervisory staff, including any principal but excluding an

 4  employee specified in subsection (4), may be suspended or

 5  dismissed at any time during the term of the contract;

 6  however, the charges against him or her must be based on

 7  immorality, misconduct in office, incompetency, gross

 8  insubordination, willful neglect of duty, drunkenness, or

 9  conviction of any crime involving moral turpitude, as these

10  terms are defined by rule of the State Board of Education.

11  Whenever such charges are made against any such employee of

12  the school board, the school board may suspend the employee

13  without pay; but, if the charges are not sustained, he or she

14  shall be immediately reinstated, and his or her back salary

15  shall be paid.  In cases of suspension by the school board or

16  by the superintendent, the school board shall determine upon

17  the evidence submitted whether the charges have been sustained

18  and, if the charges are sustained, shall determine either to

19  dismiss the employee or fix the terms under which he or she

20  may be reinstated.  If such charges are sustained by a

21  majority vote of the full membership of the school board and

22  such employee is discharged, his or her contract of employment

23  shall be thereby canceled. Any such decision adverse to the

24  employee may be appealed by him or her pursuant to s. 120.68,

25  provided such appeal is filed within 30 days after the

26  decision of the school board.

27         Section 60.  Paragraph (a) of subsection (1) of section

28  231.546, Florida Statutes, 1998 Supplement, is amended to

29  read:

30         231.546  Education Standards Commission; powers and

31  duties.--

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         (1)  The Education Standards Commission shall have the

 2  duty to:

 3         (a)  Recommend to the state board high desirable

 4  standards relating to programs and policies for the

 5  development, certification and certification extension,

 6  improvement, and maintenance of competencies of educational

 7  personnel, including teacher interns. Such standards must be

 8  consistent with the state's duty to provide a high-quality

 9  system of public education to all students.

10         Section 61.  Subsections (1) and (3) and paragraph (b)

11  of subsection (4) of section 231.600, Florida Statutes, 1998

12  Supplement, are amended, and subsections (8) and (9) are added

13  to that section, to read:

14         231.600  School Community Professional Development

15  Act.--

16         (1)  The Department of Education, public community

17  colleges and universities, public school districts, and public

18  schools in this state shall collaborate to establish a

19  coordinated system of professional development. The purpose of

20  the professional development system is to enable the school

21  community to meet state and local student achievement

22  standards and the state education goals and to succeed in

23  school improvement as described in s. 229.591.

24         (3)  The activities designed to implement this section

25  must:

26         (a)  Increase the success of educators in guiding

27  student learning and development so as to implement state and

28  local educational standards, goals, and initiatives;

29         (b)  Assist the school community in providing

30  stimulating educational activities that encourage and motivate

31  students to achieve at the highest levels and to become

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  developing in school children the dispositions that will

 2  motivate them to be active learners; and

 3         (c)  Provide continuous support as well as, rather than

 4  temporary intervention for education professionals who need

 5  improvement in knowledge, skills, and performance, for

 6  improving the performance of teachers and others who assist

 7  children in their learning.

 8         (4)  The Department of Education, school districts,

 9  schools, and public colleges and universities share the

10  responsibilities described in this section.  These

11  responsibilities include the following:

12         (b)  Each district school board shall consult with

13  teachers and representatives of college and university

14  faculty, community agencies, and other interested citizen

15  groups to establish policy and procedures to guide the

16  operation of the district professional development program.

17  The professional development system must:

18         1.  Require that principals and schools use student

19  achievement data, school discipline data, school environment

20  surveys, assessments of parental satisfaction, and other

21  performance indicators to identify school and student needs

22  that can be met by improved professional performance, and

23  assist principals and schools in making these identifications;

24         2.  Provide training activities coupled with followup

25  support that is appropriate to accomplish district-level and

26  school-level improvement goals and standards; and

27         3.  Provide for systematic consultation with regional

28  and state personnel designated to provide technical assistance

29  and evaluation of local professional development programs;.

30         4.  Provide for delivery of professional development by

31  distance learning and other technology-based delivery systems

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  to reach more educators at lower costs; and

 2         5.  Continuously evaluate the quality and effectiveness

 3  of professional development programs in order to eliminate

 4  ineffective programs and strategies and to expand effective

 5  ones. Evaluations must consider the impact of such activities

 6  on the performance of participating educators and their

 7  students' achievement and behavior.

 8         (8)  This section does not limit or discourage a

 9  district school board from contracting with independent

10  entities for professional-development services and inservice

11  education if the school board believes that, through such a

12  contract, a better product can be acquired or its goals for

13  education improvement can be better met.

14         (9)  For teachers and administrators who have been

15  evaluated as less than satisfactory, a school board may

16  require participation in specific professional-development

17  programs as part of the improvement prescription.

18         Section 62.  Subsection (2) of section 236.08106,

19  Florida Statutes, 1998 Supplement, is amended, and subsections

20  (3) and (4) are added to that section, to read:

21         236.08106  Excellent Teaching Program.--

22         (2)  The Excellent Teaching Program is created to

23  provide categorical funding for monetary incentives and

24  bonuses for teaching excellence. The Department of Education

25  shall allocate and distribute to each school district or to

26  the NBPTS an amount as prescribed annually by the Legislature

27  for the Excellent Teaching Program. Unless otherwise provided

28  in the General Appropriations Act, each distribution school

29  district's annual allocation shall be the sum of the amounts

30  earned for the following incentives and bonuses:

31         (a)  A fee subsidy to be paid by the Department of

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  Education school district to the NBPTS on behalf of each

 2  individual who is an employee of a the district school board

 3  or a public school within the that school district, who is

 4  certified by the district to have demonstrated satisfactory

 5  teaching performance pursuant to s. 231.29 and who satisfies

 6  the prerequisites for participating in the NBPTS certification

 7  program, and who agrees, in writing, to pay 10 percent of the

 8  NBPTS participation fee and to participate in the NBPTS

 9  certification program during the school year for which the fee

10  subsidy is provided. The fee subsidy for each eligible

11  participant shall be an amount equal to 90 percent of the fee

12  charged for participating in the NBPTS certification program,

13  but not more than $1,800 per eligible participant. The fee

14  subsidy is a one-time award and may not be duplicated for any

15  individual.

16         (b)  A portfolio-preparation incentive of $150 paid by

17  the Department of Education to for each teacher employed by a

18  the district school board or a public school within a school

19  the district who is participating in the NBPTS certification

20  program. The portfolio-preparation incentive is a one-time

21  award paid during the school year for which the NBPTS fee

22  subsidy is provided.

23         (c)  An annual bonus equal to 10 percent of the prior

24  fiscal year's statewide average salary for classroom teachers

25  to be distributed to the school district to be paid to each

26  individual who holds NBPTS certification and is employed by

27  the district school board or by a public school within the

28  that school district. The district school board shall

29  distribute the annual bonus to each individual who meets the

30  requirements of this paragraph and who is certified annually

31  by the district to have demonstrated satisfactory teaching

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  performance pursuant to s. 231.29. The annual bonus may be

 2  paid as a single payment or divided into not more than three

 3  payments.

 4         (d)  An annual bonus equal to 10 percent of the prior

 5  fiscal year's statewide average salary for classroom teachers

 6  to be distributed to the school district to be paid to each

 7  individual who meets the requirements of paragraph (c) and

 8  agrees, in writing, to provide the equivalent of 12 workdays

 9  of mentoring and related services to public school teachers

10  within the district who do not hold NBPTS certification. The

11  district school board shall distribute the annual bonus in a

12  single payment following the completion of all required

13  mentoring and related services for the year. It is not the

14  intent of the Legislature to remove excellent teachers from

15  their assigned classrooms; therefore, credit may not be

16  granted by a school district or public school for mentoring or

17  related services provided during the regular school day or

18  during the 196 days of required service for the school year.

19         (e)  The district shall receive an amount equal to 50

20  percent of the teacher bonuses provided under paragraphs (c)

21  and (d), which shall be used by the district for professional

22  development of teachers. The district must give priority to

23  using all funds received pursuant to this paragraph for

24  professional development of teachers employed at schools

25  identified as performing at critically low levels.

26

27  A teacher for whom the state pays the certification fee and

28  who does not complete the certification program or does not

29  teach in a public school of this state for a least 1 year

30  after completing the certification program must repay the

31  amount of the certification fee to the state. However, a

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  teacher who completes the certification program but fails to

 2  be awarded NBPTS certification is not required to repay the

 3  amount of the certification fee if the teacher meets the

 4  1-year teaching requirement. Repayment is not required of a

 5  teacher who does not complete the certification program or

 6  fails to fulfill the teaching requirement because of the

 7  teacher's death or disability or because of other extenuating

 8  circumstances as determined by the State Board of Education.

 9         (3)(a)  In addition to any other remedy available under

10  the law, any person who is a recipient of a certification fee

11  subsidy paid to the NBPTS and who is an employee of the state

12  or any of its political subdivisions is considered to have

13  consented, as a condition of employment, to the voluntary or

14  involuntary withholding of wages to repay to the state the

15  amount of such a certification fee subsidy awarded under this

16  section. Any such employee who defaults on the repayment of

17  such a certification fee subsidy must, within 60 days after

18  service of a notice of default by the Department of Education

19  to the employee, establish a repayment schedule, which must be

20  agreed to by the department and the employee, for repaying the

21  defaulted sum through payroll deductions. The department may

22  not require the employee to pay more than 10 percent of the

23  employee's pay per pay period under such a repayment schedule

24  or plan. If the employee fails to establish a repayment

25  schedule within the specified period of time or fails to meet

26  the terms and conditions of the agreed-upon or approved

27  repayment schedule as authorized by this subsection, the

28  employee has breached an essential condition of employment and

29  is considered to have consented to the involuntary withholding

30  of wages or salary for the repayment of the certification fee

31  subsidy.

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         (b)  A person who is employed by the state or any of

 2  its political subdivisions may not be dismissed for having

 3  defaulted on the repayment of the certification fee subsidy to

 4  the state.

 5         (4)  The State Board of Education may adopt rules as

 6  necessary to implement the provisions for payment of the fee

 7  subsidies, incentives, and bonuses and for the repayment of

 8  defaulted certification fee subsidies under this section.

 9         Section 63.  Subsection (1), paragraph (b) of

10  subsection (3), and subsections (4) and (5) of section

11  240.529, Florida Statutes, are amended to read:

12         240.529  Public accountability and state approval for

13  teacher preparation programs.--

14         (1)  INTENT.--The Legislature recognizes that skilled

15  teachers make an the most important contribution to a quality

16  educational system that allows students to obtain a

17  high-quality education and that competent teachers are

18  produced by effective and accountable teacher preparation

19  programs. The intent of the Legislature is to establish a

20  system for development and approval of teacher preparation

21  programs that will free postsecondary teacher preparation

22  institutions to employ varied and innovative teacher

23  preparation techniques while being held accountable for

24  producing graduates teachers with the competencies and skills

25  necessary to achieve for achieving the state education goals;

26  help students meet high standards for academic achievement;

27  maintain safe, secure classroom learning environments; and

28  sustain sustaining the state system of school improvement and

29  education accountability established pursuant to ss. 229.591

30  and, 229.592, and 229.593. To further this intent, the

31  Commissioner of Education shall appoint a Teacher Preparation

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  Program Committee for the purpose of establishing core

 2  curricula in each state-approved teacher preparation program.

 3  The committee shall consist of representatives from presidents

 4  of public and private colleges and universities, deans of

 5  colleges of education, presidents of community colleges,

 6  district school superintendents, and high-performing teachers.

 7  The curricula shall be focused on the knowledge, skills, and

 8  abilities essential to instruction in the Sunshine State

 9  Standards, with a clear emphasis on the importance of reading

10  at all grade levels.  The committee shall report its

11  recommendations to the State Board of Education by January 1,

12  2000, and at that time may be dissolved.  The State Board of

13  Education shall adopt rules that establish uniform core

14  curricula for each state-approved teacher preparation program

15  and shall use this report in the development of such rules.

16         (3)  INITIAL STATE PROGRAM APPROVAL.--

17         (b)  Each teacher preparation program approved by the

18  Department of Education, as provided for by this section,

19  shall require students to meet one of the following as

20  prerequisites a prerequisite for admission into the program:

21         1.  That a student receive a passing score at the 40th

22  percentile or above, as established by state board rule, on a

23  nationally standardized college entrance examination;

24         1.2.  That a student Have a grade point average of at

25  least 2.5 on a 4.0 scale for the general education component

26  of undergraduate studies; or

27         3.  That a student have completed the requirements for

28  a baccalaureate degree with a minimum grade point average of

29  2.5 on a 4.0 scale from any college or university accredited

30  by a regional accrediting association as defined by state

31  board rule; and.

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         2.  Beginning with the 2000-2001 academic year,

 2  demonstrate mastery of general knowledge, including the

 3  ability to read, write, and compute by passing the College

 4  Level Academic Skills Test, a corresponding component of the

 5  National Teachers Examination series, or a similar test

 6  pursuant to rules of the State Board of Education.

 7

 8  The State Board of Education may shall provide by rule for a

 9  waiver of these requirements. The rule shall require that 90

10  percent of those admitted to each teacher education program

11  meet the requirements of this paragraph and that the program

12  implement strategies to ensure that students admitted under a

13  waiver receive assistance to demonstrate competencies to

14  successfully meet requirements for certification.

15         (4)  CONTINUED PROGRAM APPROVAL.--Notwithstanding

16  subsection (3), failure by a public or nonpublic teacher

17  preparation program to meet the criteria for continued program

18  approval shall result in loss of program approval. The

19  Department of Education, in collaboration with the departments

20  and colleges of education, shall develop procedures for

21  continued program approval which document the continuous

22  improvement of program processes and graduates' performance.

23         (a)  Continued approval of specific teacher preparation

24  programs at each public and nonpublic institution of higher

25  education within the state is contingent upon the passing of

26  the written examination required by s. 231.17 by at least 90

27  80 percent of the graduates of the program who take the

28  examination. On request of an institution, the Department of

29  Education shall provide an analysis of the performance of the

30  graduates of such institution with respect to the competencies

31  assessed by the examination required by s. 231.17.

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         (b)  Additional criteria for continued program approval

 2  for public institutions may be developed by the Education

 3  Standards Commission and approved by the State Board of

 4  Education. Such criteria must emphasize outcome measures of

 5  student performance in the areas of classroom management and

 6  improving the performance of students who have traditionally

 7  failed to meet student achievement goals and have been

 8  overrepresented in school suspensions and other disciplinary

 9  actions, and must may include, but need not be limited to,

10  program graduates' satisfaction with training and the unit's

11  responsiveness to local school districts. Additional criteria

12  for continued program approval for nonpublic institutions

13  shall be developed in the same manner as for public

14  institutions; however, such criteria must be based upon

15  significant, objective, and quantifiable graduate performance

16  measures. Responsibility for collecting data on outcome

17  measures through survey instruments and other appropriate

18  means shall be shared by the institutions of higher education,

19  the Board of Regents, the State Board of Independent Colleges

20  and Universities, and the Department of Education. By January

21  1 of each year, the Department of Education, in cooperation

22  with the Board of Regents and the State Board of Independent

23  Colleges and Universities, shall report this information for

24  each postsecondary institution that has state-approved

25  programs of teacher education to the Governor, the

26  Commissioner of Education, the Chancellor of the State

27  University System, the President of the Senate, the Speaker of

28  the House of Representatives, all Florida postsecondary

29  teacher preparation programs, and interested members of the

30  public. This report must analyze the data and make

31  recommendations for improving teacher preparation programs in

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  the state.

 2         (c)  Beginning July 1, 1997, Continued approval for a

 3  teacher preparation program is contingent upon the results of

 4  annual reviews of the program conducted by the institution of

 5  higher education, using procedures and criteria outlined in an

 6  institutional program evaluation plan approved by the

 7  Department of Education. This plan must incorporate the

 8  criteria established in paragraphs (a) and (b) and include

 9  provisions for involving primary stakeholders, such as program

10  graduates, district school personnel, classroom teachers,

11  principals, community agencies, and business representatives

12  in the evaluation process. Upon request by an institution, the

13  department shall provide assistance in developing, enhancing,

14  or reviewing the institutional program evaluation plan and

15  training evaluation team members.

16         (d)  Beginning July 1, 1997, Continued approval for a

17  teacher preparation program is contingent upon standards being

18  in place that are designed to adequately prepare elementary,

19  middle, and high school teachers to instruct their students in

20  higher-level mathematics concepts and in the use of technology

21  at the appropriate grade level.

22         (e)  Beginning July 1, 2000, continued approval of

23  teacher preparation programs is contingent upon compliance

24  with the student admission requirements of subsection (3) and

25  upon the receipt of at least a satisfactory rating from public

26  schools and nonpublic schools that employ graduates of the

27  program. Employer satisfaction shall be determined by an

28  annually administered survey instrument approved by the

29  Department of Education.

30         (f)  Beginning with the 2000-2001 academic year, each

31  public and private institution that offers a teacher

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  preparation program in this state must annually report

 2  information regarding these programs to the state and the

 3  general public. This information shall be reported in a

 4  uniform and comprehensible manner that conforms with

 5  definitions and methods proposed by the Education Standards

 6  Commission, that are consistent with definitions and methods

 7  approved by the Commissioner of the National Center for

 8  Educational Statistics, and that are approved by the State

 9  Board of Education. This information shall be reported through

10  publications such as college and university catalogs and

11  promotional materials sent to potential applicants, secondary

12  school guidance counselors, and prospective employers of the

13  institution's program graduates.

14         (5)  PRESERVICE FIELD EXPERIENCE.--All postsecondary

15  instructors, school district personnel and instructional

16  personnel, and school sites preparing instructional personnel

17  through preservice field experience courses and internships

18  shall meet special requirements.

19         (a)  All instructors in postsecondary teacher

20  preparation programs who instruct or supervise preservice

21  field experience courses or internships shall have at least

22  one of the following: specialized training in clinical

23  supervision; a valid professional teaching certificate

24  pursuant to ss. 231.17 and 231.24; or at least 3 years of

25  successful teaching experience in prekindergarten through

26  grade 12; or a commitment to spend periods of time specified

27  by State Board of Education rule teaching in the public

28  schools.

29         (b)  All school district personnel and instructional

30  personnel who supervise or direct teacher preparation students

31  during field experience courses or internships must have

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  evidence of "clinical educator" training and must successfully

 2  demonstrate effective classroom management strategies that

 3  consistently result in improved student performance. The

 4  Education Standards Commission shall recommend, and the state

 5  board shall approve, the training requirements.

 6         (c)  Preservice field experience programs must provide

 7  specific guidance and demonstration of effective classroom

 8  management strategies, strategies for incorporating technology

 9  into classroom instruction, and ways to link instructional

10  plans to the Sunshine State Standards, as appropriate. The

11  length of structured field experiences may be extended to

12  ensure that candidates achieve the competencies needed to meet

13  certification requirements.

14         (d)(c)  Postsecondary teacher preparation programs in

15  cooperation with district school boards and approved nonpublic

16  school associations shall select the school sites for

17  preservice field experience activities. These sites must

18  represent the full spectrum of school communities, including,

19  but not limited to, schools located in urban settings. In

20  order to be selected, school sites must demonstrate commitment

21  to the education of public school students and to the

22  preparation of future teachers. A nonpublic school

23  association, in order to be approved, must have a

24  state-approved master inservice program plan in accordance

25  with s. 236.0811.

26         Section 64.  Section 231.6135, Florida Statutes, is

27  created to read:

28         231.6135  Statewide system for in-service professional

29  development.--The intent of this section is to establish a

30  statewide system of professional development that provides a

31  wide range of targeted in-service training to teachers and

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  administrators designed to upgrade skills and knowledge needed

 2  to reach world class standards in education.  The system shall

 3  consist of a network of professional development academies in

 4  each region of the state that are operated in partnership with

 5  area business partners to develop and deliver high-quality

 6  training programs purchased by school districts.  The

 7  academies shall be established to meet the human resource

 8  development needs of professional educators, schools, and

 9  school districts. Funds appropriated for the initiation of

10  professional development academies shall be allocated by the

11  Commissioner of Education, unless otherwise provided in an

12  appropriations act. To be eligible for startup funds, the

13  academy must:

14         (1)  Be established by the collaborative efforts of one

15  or more district school boards, members of the business

16  community, and the postsecondary institutions which may award

17  college credits for courses taught at the academy.

18         (2)  Demonstrate the capacity to provide effective

19  training to improve teaching skills in the areas of elementary

20  reading and mathematics, the use of instructional technology,

21  high school algebra, and classroom management, and to deliver

22  such training using face-to-face, distance-learning, and

23  individualized computer-based delivery systems.

24         (3)  Propose a plan for responding in an effective and

25  timely manner to the professional development needs of

26  teachers, administrators, schools, and school districts

27  relating to improving student achievement and meeting state

28  and local education goals.

29         (4)  Demonstrate the ability to provide high-quality

30  trainers and training, appropriate followup and coaching for

31  all participants, and support school personnel in positively

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  impacting student performance.

 2         (5)  Be operated under contract with its public

 3  partners and governed by an independent board of directors,

 4  which should include at least one superintendent and one

 5  school board chairman from the participating school districts,

 6  the president of the collective bargaining unit that

 7  represents the majority of the region's teachers, and at least

 8  three individuals who are not employees or elected or

 9  appointed officials of the participating school districts.

10         (6)  Be financed during the first year of operation by

11  an equal or greater match from private funding sources and

12  demonstrate the ability to be self-supporting within 1 year

13  after opening through fees for services, grants, or private

14  contributions.

15         (7)  Own or lease a facility that can be used to

16  deliver training on-site and through distance learning and

17  other technology-based delivery systems. The participating

18  district school boards may lease a site or facility to the

19  academy for a nominal fee and may pay all or part of the costs

20  of renovating a facility to accommodate the academy. The

21  academy is responsible for all operational, maintenance, and

22  repair costs.

23         (8)  Provide professional development services for the

24  participating school districts as specified in the contract

25  and may provide professional development services to other

26  school districts, private schools, and individuals on a

27  fee-for-services basis.

28         Section 65.  Section 231.601, Florida Statutes, is

29  repealed.

30         Section 66.  Section 230.2316, Florida Statutes, 1998

31  Supplement, is amended to read:

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         230.2316  Dropout prevention.--

 2         (1)  SHORT TITLE.--This act may be cited as the

 3  "Dropout Prevention and Academic Intervention Act."

 4         (2)  INTENT.--The Legislature recognizes that a growing

 5  proportion of young people are not making successful

 6  transitions to productive adult lives. The Legislature further

 7  recognizes that traditional education programs which do not

 8  meet certain students' educational needs and interests may

 9  cause these students to become unmotivated, fail, be truant,

10  be disruptive, or drop out of school. The Legislature finds

11  that a child who does not complete his or her education is

12  greatly limited in obtaining gainful employment, achieving his

13  or her full potential, and becoming a productive member of

14  society. Therefore, it is the intent of the Legislature to

15  authorize and encourage district school boards throughout the

16  state to develop and establish dropout prevention and academic

17  intervention activities designed to meet the needs of students

18  who do not perform well in traditional educational programs.

19  establish comprehensive dropout prevention programs. These

20  programs shall be designed to meet the needs of students who

21  are not effectively served by conventional education programs

22  in the public school system. It is further the intent of the

23  Legislature that cooperative agreements be developed among

24  school districts, other governmental and private agencies, and

25  community resources in order to implement innovative exemplary

26  programs aimed at reducing the number of students who do not

27  complete their education and increasing the number of students

28  who have a positive experience in school and obtain a high

29  school diploma.

30         (3)  STUDENT ELIGIBILITY AND PROGRAM CRITERIA.--

31         (a)  Dropout prevention and academic intervention

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  programs may shall differ from traditional education programs

 2  and schools in scheduling, administrative structure,

 3  philosophy, curriculum, or setting and shall employ

 4  alternative teaching methodologies, curricula, learning

 5  activities, and or diagnostic and assessment procedures in

 6  order to meet the needs, interests, abilities, and talents of

 7  eligible students. The educational program shall provide

 8  curricula, character development and law education as provided

 9  in s. 233.0612, and related services which support the program

10  goals and lead to improved performance in the areas of

11  academic achievement, attendance, and discipline completion of

12  a high school diploma. Student participation in such programs

13  shall be voluntary. Districts may, however, assign students to

14  a program for disruptive students. Notwithstanding any other

15  provision of law to the contrary, no student shall be

16  identified as being eligible to receive services funded

17  through the dropout prevention and academic intervention

18  program based solely on the student being from a single-parent

19  family. The minimum period of time during which the student

20  participates in the program shall be equivalent to two

21  instructional periods per day unless the program utilizes a

22  student support and assistance component rather than regularly

23  scheduled courses.

24         (b)  Students in grades 1-12 4-12 shall be eligible for

25  dropout prevention and academic intervention programs.

26  Eligible dropout prevention students shall be reported in the

27  appropriate basic cost factor for dropout prevention full-time

28  equivalent student membership in the Florida Education Finance

29  Program in standard dropout prevention classes or student

30  support and assistance components which provide academic

31  assistance and coordination of support services to students

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  enrolled full time in a regular classroom. The strategies and

 2  supports provided to eligible students shall be funded through

 3  the General Appropriations Act and may include, but are not

 4  limited to those services identified on the student's academic

 5  intervention plan. The student support and assistance

 6  component shall include auxiliary services provided to

 7  students or teachers, or both. Students participating in this

 8  model shall generate funding only for the time that they

 9  receive extra services or auxiliary help.

10         (c)  A student shall be identified as being eligible to

11  receive services funded through the dropout prevention and

12  academic intervention program a potential dropout based upon

13  one of the following criteria:

14         1.  The student is academically unsuccessful as

15  evidenced by low test scores, retention, failing grades, low

16  grade-point-average, falling behind in earning credits, or not

17  meeting the state or district proficiency levels in reading,

18  mathematics, or writing.

19         2.  The student has a pattern of excessive absenteeism

20  or has been identified as a habitual truant.

21         1.  The student has shown a lack of motivation in

22  school through grades which are not commensurate with

23  documented ability levels or high absenteeism or habitual

24  truancy as defined in s. 228.041(28).

25         2.  The student has not been successful in school as

26  determined by retentions, failing grades, or low achievement

27  test scores and has needs and interests that cannot be met

28  through traditional programs.

29         3.  The student has been identified as a potential

30  school dropout by student services personnel using district

31  criteria. District criteria that are used as a basis for

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  student referral to an educational alternatives program shall

 2  identify specific student performance indicators that the

 3  educational alternative program seeks to address.

 4         4.  The student has documented drug-related or

 5  alcohol-related problems, or has immediate family members with

 6  documented drug-related or alcohol-related problems that

 7  adversely affect the student's performance in school.

 8         3. 5.  The student has a history of disruptive behavior

 9  in school or has committed an offense that warrants

10  out-of-school suspension or expulsion from school according to

11  the district code of student conduct. For the purposes of this

12  program, "disruptive behavior" is behavior that:

13         a.  Interferes with the student's own learning or the

14  educational process of others and requires attention and

15  assistance beyond that which the traditional program can

16  provide or results in frequent conflicts of a disruptive

17  nature while the student is under the jurisdiction of the

18  school either in or out of the classroom; or

19         b.  Severely threatens the general welfare of students

20  or others with whom the student comes into contact.

21         6.  The student is assigned to a program provided

22  pursuant to chapter 39, chapter 984, or chapter 985 which is

23  sponsored by a state-based or community-based agency or is

24  operated or contracted for by the Department of Children and

25  Family Services or the Department of Juvenile Justice.

26         (d)1.  "Second chance schools" means school district

27  programs provided through cooperative agreements between the

28  Department of Juvenile Justice, private providers, state or

29  local law enforcement agencies, or other state agencies for

30  students who have been disruptive or violent or who have

31  committed serious offenses.  As partnership programs, second

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  chance schools are eligible for waivers by the Commissioner of

 2  Education from chapters 230-235 and 239 and State Board of

 3  Education rules that prevent the provision of appropriate

 4  educational services to violent, severely disruptive, or

 5  delinquent students in small nontraditional settings or in

 6  court-adjudicated settings.

 7         2.  School districts seeking to enter into a

 8  partnership with a private entity or public entity to operate

 9  a second chance school for disruptive students may apply to

10  the Department of Education for start-up grants from the

11  Department of Education. These grants must be available for 1

12  year and must be used to offset the start-up costs for

13  implementing such programs off public school campuses. General

14  operating funds must be generated through the appropriate

15  programs of the Florida Education Finance Program. Grants

16  approved under this program shall be for the full operation of

17  the school by a private nonprofit or for-profit provider or

18  the public entity. This program must operate under rules

19  adopted by the Department of Education and must be implemented

20  to the extent funded by the Legislature.

21         3. 2.  A student enrolled in a sixth, seventh, eighth,

22  ninth, or tenth grade class may be assigned to a second chance

23  school if the student meets the following criteria:

24         a.  The student is a habitual truant as defined in s.

25  228.041(28).

26         b.  The student's excessive absences have detrimentally

27  affected the student's academic progress and the student may

28  have unique needs that a traditional school setting may not

29  meet.

30         c.  The student's high incidences of truancy have been

31  directly linked to a lack of motivation.

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         d.  The student has been identified as at risk of

 2  dropping out of school.

 3         4. 3.  A student who is habitually truant may be

 4  assigned to a second chance school only if the case staffing

 5  committee, established pursuant to s. 984.12, determines that

 6  such placement could be beneficial to the student and the

 7  criteria included in subparagraph 2. are met.

 8         5. 4.  A student may be assigned to a second chance

 9  school if the school district in which the student resides has

10  a second chance school and if the student meets one of the

11  following criteria:

12         a.  The student habitually exhibits disruptive behavior

13  in violation of the code of student conduct adopted by the

14  school board.

15         b.  The student interferes with the student's own

16  learning or the educational process of others and requires

17  attention and assistance beyond that which the traditional

18  program can provide, or, while the student is under the

19  jurisdiction of the school either in or out of the classroom,

20  frequent conflicts of a disruptive nature occur.

21         c.  The student has committed a serious offense which

22  warrants suspension or expulsion from school according to the

23  district code of student conduct.  For the purposes of this

24  program, "serious offense" is behavior which:

25         (I)  Threatens the general welfare of students or

26  others with whom the student comes into contact;

27         (II)  Includes violence;

28         (III)  Includes possession of weapons or drugs; or

29         (IV)  Is harassment or verbal abuse of school personnel

30  or other students.

31         6. 5.  Prior to assignment of students to second chance

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  schools, school boards are encouraged to use alternative

 2  programs, such as in-school suspension, which provide

 3  instruction and counseling leading to improved student

 4  behavior, a reduction in the incidence of truancy, and the

 5  development of more effective interpersonal skills.

 6         7. 6.  Students assigned to second chance schools must

 7  be evaluated by the school's local child study team before

 8  placement in a second chance school. The study team shall

 9  ensure that students are not eligible for placement in a

10  program for emotionally disturbed children.

11         8. 7.  Students who exhibit academic and social

12  progress and who wish to return to a traditional school shall

13  complete a character development and law education program, as

14  provided in s. 233.0612, and demonstrate preparedness to

15  reenter the regular school setting be evaluated by school

16  district personnel prior to reentering a traditional school.

17         8.  Second chance schools shall be funded at the

18  dropout prevention program weight pursuant to s. 236.081 and

19  may receive school safety funds or other funds as appropriate.

20         (4)  PROGRAM IMPLEMENTATION.--

21         (a)  Each district may establish one or more

22  alternative programs for dropout prevention and academic

23  intervention programs at the elementary, middle, junior high

24  school, or high school level.  Programs designed to eliminate

25  patterns of excessive absenteeism, or habitual truancy shall

26  emphasize academic performance and may provide specific

27  instruction in the areas of vocational education,

28  preemployment training, and behavioral management. Such

29  programs shall utilize instructional teaching methods

30  appropriate to the specific needs of the student.

31         (b)  Each school that establishes or continues a

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  dropout prevention and academic intervention program at that

 2  school site shall reflect that program in the school

 3  improvement plan as required under s. 230.23(16).

 4         (c)  Districts may modify courses listed in the State

 5  Course Code Directory for the purpose of providing dropout

 6  prevention programs pursuant to the provisions of this

 7  section.

 8         (5)  EVALUATION.--Each school district receiving state

 9  funding for dropout prevention and academic intervention

10  programs through the General Appropriations Act Florida

11  Education Finance Program shall submit information through an

12  annual report to the Department of Education's database

13  documenting the extent to which each of the district's dropout

14  prevention and academic intervention programs has been

15  successful in the areas of graduation rate, dropout rate,

16  attendance rate, and retention/promotion rate. The department

17  shall compile this information into an annual report which

18  shall be submitted to the presiding officers of the

19  Legislature by February 15.

20         (6)  STAFF DEVELOPMENT.--Each school district shall

21  establish procedures for ensuring that teachers assigned to

22  dropout prevention and academic intervention programs possess

23  the affective, pedagogical, and content-related skills

24  necessary to meet the needs of these at-risk students. Each

25  school board shall also ensure that adequate staff development

26  activities are available for dropout prevention staff and that

27  dropout prevention staff participate in these activities.

28         (7)  RECORDS.--Each district providing a program for

29  dropout prevention and academic intervention program pursuant

30  to the provisions of this section shall maintain for each

31  participating student for whom funding is generated through

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  the Florida Education Finance Program records documenting the

 2  student's eligibility, the length of participation, the type

 3  of program to which the student was assigned or the type of

 4  academic intervention services provided, and an evaluation of

 5  the student's academic and behavioral performance while in the

 6  program. The school principal or his or her designee shall,

 7  prior to placement in a dropout prevention and academic

 8  intervention program or the provision of an academic service,

 9  provide written notice of placement or services by

10  return-receipt mail to the student's parent, guardian, or

11  legal custodian. The parent, guardian, or legal custodian of

12  the student shall sign an acknowledgment of the notice of

13  placement or service and return the signed acknowledgement to

14  the principal within 3 days after receipt of the notice. The

15  parents or guardians of a student assigned to such a dropout

16  prevention and academic intervention program shall be notified

17  in writing and entitled to an administrative review of any

18  action by school personnel relating to such placement pursuant

19  to the provisions of chapter 120.

20         (8)  COORDINATION WITH OTHER AGENCIES.--School district

21  dropout prevention and academic intervention programs shall be

22  coordinated with social service, law enforcement,

23  prosecutorial, and juvenile justice agencies and juvenile

24  assessment centers in the school district. Notwithstanding the

25  provisions of s. 228.093, these agencies are authorized to

26  exchange information contained in student records and juvenile

27  justice records. Such information is confidential and exempt

28  from the provisions of s. 119.07(1). School districts and

29  other agencies receiving such information shall use the

30  information only for official purposes connected with the

31  certification of students for admission to and for the

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  administration of the dropout prevention and academic

 2  intervention program, and shall maintain the confidentiality

 3  of such information unless otherwise provided by law or rule.

 4         (9)  RULES.--The Department of Education shall have the

 5  authority pursuant to ss. 120.536(1) and 120.54 to adopt any

 6  rules necessary to implement the provisions of this section;

 7  such rules shall require the minimum amount of necessary

 8  paperwork and reporting necessary to comply with this act.

 9         Section 67.  Section 231.085, Florida Statutes, is

10  amended to read:

11         231.085  Duties of principals.--A district school board

12  shall employ, through written contract, public school

13  principals who shall supervise the operation and management of

14  the schools and property as the board determines necessary.

15  Each principal shall perform such duties as may be assigned by

16  the superintendent pursuant to the rules of the school board.

17  Such rules shall include, but not be limited to, rules

18  relating to administrative responsibility, instructional

19  leadership of the educational program of the school to which

20  the principal is assigned, submission of personnel

21  recommendations to the superintendent, administrative

22  responsibility for records and reports, administration of

23  corporal punishment, and student suspension.  Each principal

24  shall provide leadership in the development or revision and

25  implementation of a school improvement plan pursuant to s.

26  230.23(16). Each principal must make the necessary provisions

27  to ensure that all school reports are accurate and timely, and

28  must provide the necessary training opportunities for staff to

29  accurately report attendance, FTE program participation,

30  student performance, teacher appraisal, and school safety and

31  discipline data.

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         Section 68.  Section 232.001, Florida Statutes, is

 2  created to read:

 3         232.001  Pilot project.--It is the purpose of this

 4  section to authorize the Manatee County District School Board

 5  to implement a pilot project that raises the compulsory age of

 6  attendance for children from the age of 16 years to the age of

 7  18 years. The pilot project applies to each child who has not

 8  attained the age of 16 years by September 30 of the school

 9  year in which a school board policy is adopted.

10         (1)  Beginning July 1, 1999, the Manatee County

11  District School Board may implement a pilot project consistent

12  with policy adopted by the school board to raise the

13  compulsory age of attendance for children from the age of 16

14  years to the age of 18 years.

15         (2)  If the district school board chooses to

16  participate in the pilot project, the district school board

17  must, before the beginning of the school year, adopt a policy

18  for raising the compulsory age of attendance for children from

19  the age of 16 years to 18 years.

20         (a)  Before the adoption of the policy, the district

21  school board must provide a notice of intent to adopt a policy

22  to raise the compulsory age of attendance for children from

23  the age of 16 years to the age of 18 years. The notice must be

24  provided to the parent or legal guardian of each child who is

25  15 years of age and who is enrolled in a school in the

26  district.

27         (b)  Within 2 weeks after adoption of the school board

28  policy, the district school board must provide notice of the

29  policy to the parent or legal guardian of each child who is 15

30  years of age and who is enrolled in a school in the district.

31  The notice must also provide information related to the

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  penalties for refusing or failing to comply with the

 2  compulsory attendance requirements and information on

 3  alternative education programs offered within the school

 4  district.

 5         (3)  All state laws and State Board of Education rules

 6  related to students subject to compulsory school attendance

 7  apply to the district school board if it chooses to

 8  participate in a pilot project. Notwithstanding the provisions

 9  of s. 232.01, the formal declaration of intent to terminate

10  school enrollment does not apply to the district school board

11  if it chooses to participate in a pilot project.

12         (4)  If the district school board chooses to

13  participate in the pilot project, the school board must

14  evaluate the effect of its adopted policy raising the

15  compulsory age of attendance on school attendance and on the

16  school district's dropout rate, as well as on the costs

17  associated with the pilot project. The school district shall

18  report its findings to the President of the Senate, the

19  Speaker of the House of Representatives, the minority leader

20  of each house, the Governor, and the Commissioner of Education

21  not later than August 1 following each year that the pilot

22  project is in operation.

23         Section 69.  Section 232.17, Florida Statutes, 1998

24  Supplement, is amended to read:

25         232.17  Enforcement of school attendance.--The

26  Legislature finds that poor academic performance is associated

27  with nonattendance and that schools must take an active role

28  in enforcing attendance as a means of improving the

29  performance of many students. It is the policy of the state

30  that the superintendent of each school district be responsible

31  for enforcing school attendance of all children and youth

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  subject to the compulsory school age in the school district.

 2  The responsibility includes recommending to the school board

 3  policies and procedures to ensure that schools respond in a

 4  timely manner to every unexcused absence or absence for which

 5  the reason is unknown of students enrolled in the schools.

 6  School board policies must require each parent or guardian of

 7  a student to justify each absence of the student, and that

 8  justification will be evaluated based on adopted school board

 9  policies that define excused and unexcused absences. The

10  policies must provide that schools track excused and unexcused

11  absences and contact the home in the case of an unexcused

12  absence from school or an absence from school for which the

13  reason is unknown to prevent the development of patterns of

14  nonattendance. The Legislature finds that early intervention

15  in school attendance matters is the most effective way of

16  producing good attendance habits that will lead to improved

17  student learning and achievement. Each public school shall

18  implement the following steps to enforce regular school

19  attendance:

20         (1)  CONTACT, REFER, AND ENFORCE.--

21         (a)  Upon each unexcused absence or absence for which

22  the reason is unknown, the school principal or his or her

23  designee shall contact the student's parent or guardian to

24  determine the reason for the absence. If the absence is an

25  excused absence, as defined by school board policy, the school

26  shall provide opportunities for the student to make up

27  assigned work and not receive an academic penalty unless the

28  work is not made up within a reasonable time.

29         (b)  If a student has had at least five unexcused

30  absences or absences for which the reasons are unknown within

31  a calendar month or ten unexcused absences or absences for

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  which the reasons are unknown within a 90-calendar-day period,

 2  the student's primary teacher shall report to the school

 3  principal or his or her designee that the student may be

 4  exhibiting a pattern of nonattendance. The principal shall,

 5  unless there is clear evidence that the absences are not a

 6  pattern of nonattendance, refer the case to the school's child

 7  study team to determine if early patterns of truancy are

 8  developing. If the child study team finds that a pattern of

 9  nonattendance is developing, whether the absences are excused

10  or not, a meeting with the parent must be scheduled to

11  identify potential remedies.

12         (c)  If an initial meeting does not resolve the

13  problem, the child study team shall implement interventions

14  that best address the problem. The interventions may include,

15  but need not be limited to:

16         1.  Frequent communication between the teacher and the

17  family;

18         2.  Changes in the learning environment;

19         3.  Mentoring;

20         4.  Student counseling;

21         5.  Tutoring, including peer tutoring;

22         6.  Placement into different classes;

23         7.  Evaluation for alternative education programs;

24         8.  Attendance contracts;

25         9.  Referral to other agencies for family services; or

26         10.  Other interventions.

27         (d)  The child study team shall be diligent in

28  facilitating intervention services and shall report the case

29  to the superintendent only when all reasonable efforts to

30  resolve the nonattendance behavior are exhausted.

31         (e)  If the parent, guardian, or other person in charge

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  of the child refuses to participate in the remedial strategies

 2  because he or she believes that those strategies are

 3  unnecessary or inappropriate, the parent, guardian, or other

 4  person in charge of the child may appeal to the school board.

 5  The school board may provide a hearing officer and the hearing

 6  officer shall make a recommendation for final action to the

 7  board. If the board's final determination is that the

 8  strategies of the child study team are appropriate, and the

 9  parent, guardian, or other person in charge of the child still

10  refuses to participate or cooperate, the superintendent may

11  seek criminal prosecution for noncompliance with compulsory

12  school attendance.

13         (f)  If a child subject to compulsory school attendance

14  will not comply with attempts to enforce school attendance,

15  the parent, the guardian, or the superintendent or his or her

16  designee shall refer the case to the case-staffing committee

17  pursuant to s. 984.12, and the superintendent or his or her

18  designee may file a truancy petition pursuant to the

19  procedures in s. 984.151. Pursuant to procedures established

20  by the district school board, a designated school

21  representative must complete activities designed to determine

22  the cause and attempt the remediation of truant behavior, as

23  provided in this section.

24         (1)  INVESTIGATE NONENROLLMENT AND UNEXCUSED

25  ABSENCES.--A designated school representative shall

26  investigate cases of nonenrollment and unexcused absences from

27  school of all children subject to compulsory school

28  attendance.

29         (2)  GIVE WRITTEN NOTICE.--

30         (a)  Under the direction of the superintendent, a

31  designated school representative shall give written notice, in

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  person or by return-receipt mail, to the parent, guardian, or

 2  other person having control when no valid reason is found for

 3  a child's nonenrollment in school which requires or when the

 4  child has a minimum of 3 but fewer than 6 unexcused absences

 5  within 90 calendar days, requiring enrollment or attendance

 6  within 3 days after the date of notice. If the notice and

 7  requirement are ignored, the designated school representative

 8  shall report the case to the superintendent, and may refer the

 9  case to the case-staffing case staffing committee, established

10  pursuant to s. 984.12, if the conditions of s. 232.19(3) have

11  been met. The superintendent shall may take such steps as are

12  necessary to bring criminal prosecution against the parent,

13  guardian, or other person having control.

14         (b)  Subsequent to the activities required under

15  subsection (1), the superintendent or his or her designee

16  shall give written notice in person or by return-receipt mail

17  to the parent, guardian, or other person in charge of the

18  child that criminal prosecution is being sought for

19  nonattendance. The superintendent may file a truancy petition,

20  as defined in s. 984.03, following the procedures outlined in

21  s. 984.151.

22         (3)  RETURN CHILD TO PARENT.--A designated school

23  representative shall visit the home or place of residence of a

24  child and any other place in which he or she is likely to find

25  any child who is required to attend school when such child is

26  not enrolled or is absent from school during school hours

27  without an excuse, and, when the child is found, shall return

28  the child to his or her parent or to the principal or teacher

29  in charge of the school, or to the private tutor from whom

30  absent, or to the juvenile assessment center or other location

31  established by the school board to receive students who are

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  absent from school. Upon receipt of the student, the parent

 2  shall be immediately notified.

 3         (4)  REPORT TO THE DIVISION OF JOBS AND BENEFITS.--A

 4  designated school representative shall report to the Division

 5  of Jobs and Benefits of the Department of Labor and Employment

 6  Security or to any person acting in similar capacity who may

 7  be designated by law to receive such notices, all violations

 8  of the Child Labor Law that may come to his or her knowledge.

 9         (5)  RIGHT TO INSPECT.--A designated school

10  representative shall have the same right of access to, and

11  inspection of, establishments where minors may be employed or

12  detained as is given by law to the Division of Jobs and

13  Benefits only for the purpose of ascertaining whether children

14  of compulsory school age are actually employed there and are

15  actually working there regularly. The designated school

16  representative shall, if he or she finds unsatisfactory

17  working conditions or violations of the Child Labor Law,

18  report his or her findings to the Division of Jobs and

19  Benefits or its agents.

20         (6)  RESUMING SERIES.--If a child repeats a pattern of

21  nonattendance within one school year, the designated school

22  representative shall resume the series of escalating

23  activities at the point at which he or she had previously left

24  off.

25         Section 70.  Subsection (3) of section 232.19, Florida

26  Statutes, 1998 Supplement, is amended to read:

27         232.19  Court procedure and penalties.--The court

28  procedure and penalties for the enforcement of the provisions

29  of this chapter, relating to compulsory school attendance,

30  shall be as follows:

31         (3)  HABITUAL TRUANCY CASES.--The superintendent is

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  authorized to file a truancy petition, as defined in s.

 2  984.03, following the procedures outlined in s. 984.151. If

 3  the superintendent chooses not to file a truancy petition,

 4  procedures for filing a child-in-need-of-services petition

 5  shall be commenced pursuant to this subsection and chapter

 6  984. In accordance with procedures established by the district

 7  school board, the designated school representative shall refer

 8  a student who is habitually truant and the student's family to

 9  the children-in-need-of-services and

10  families-in-need-of-services provider or the case staffing

11  committee, established pursuant to s. 984.12, as determined by

12  the cooperative agreement required in this section.  The case

13  staffing committee may request the Department of Juvenile

14  Justice or its designee to file a child-in-need-of-services

15  petition based upon the report and efforts of the school

16  district or other community agency or may seek to resolve the

17  truant behavior through the school or community-based

18  organizations or agencies. Prior to and subsequent to the

19  filing of a child-in-need-of-services petition due to habitual

20  truancy, the appropriate governmental agencies must allow a

21  reasonable time to complete actions required by this section

22  and s. 232.17 subsection to remedy the conditions leading to

23  the truant behavior. The following criteria must be met and

24  documented in writing Prior to the filing of a petition, the

25  school district must have complied with the requirements of s.

26  232.17, and those efforts must have been unsuccessful.:

27         (a)  The child must have 15 unexcused absences within

28  90 calendar days with or without the knowledge or consent of

29  the child's parent or legal guardian, must be subject to

30  compulsory school attendance, and must not be exempt under s.

31  232.06, s. 232.09, or any other exemption specified by law or

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  the rules of the State Board of Education.

 2         (b)  In addition to the actions described in s. 232.17,

 3  the school administration must have completed the following

 4  activities to determine the cause, and to attempt the

 5  remediation, of the child's truant behavior:

 6         1.  After a minimum of 3 and prior to 6 unexcused

 7  absences within 90 calendar days, one or more meetings must

 8  have been held, either in person or by phone, between a

 9  designated school representative, the child's parent or

10  guardian, and the child, if necessary, to report and to

11  attempt to solve the truancy problem. However, if the

12  designated school representative has documented the refusal of

13  the parent or guardian to participate in the meetings, this

14  requirement has been met.

15         2.  Educational counseling must have been provided to

16  determine whether curriculum changes would help solve the

17  truancy problem, and, if any changes were indicated, such

18  changes must have been instituted but proved unsuccessful in

19  remedying the truant behavior. Such curriculum changes may

20  include enrollment of the child in a dropout prevention

21  program that meets the specific educational and behavioral

22  needs of the child, including a second chance school, as

23  provided for in s. 230.2316, designed to resolve truant

24  behavior.

25         3.  Educational evaluation, which may include

26  psychological evaluation, must have been provided to assist in

27  determining the specific condition, if any, that is

28  contributing to the child's nonattendance.  The evaluation

29  must have been supplemented by specific efforts by the school

30  to remedy any diagnosed condition.

31

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  If a child who is subject to compulsory school attendance is

 2  responsive to the interventions described in this paragraph

 3  and has completed the necessary requirements to pass the

 4  current grade as indicated in the district pupil progression

 5  plan, the child shall be passed.

 6         Section 71.  Subsection (3) of section 232.26, Florida

 7  Statutes, is amended to read:

 8         232.26  Authority of principal.--

 9         (3)  A pupil may be disciplined or expelled for

10  unlawful possession or use of any substance controlled under

11  chapter 893 upon the third violation of this provision.

12         Section 72.  Subsection (3) of section 232.271, Florida

13  Statutes, is amended to read:

14         232.271  Removal by teacher.--

15         (3)  If a teacher removes a student from class under

16  subsection (2), the principal may place the student in another

17  appropriate classroom, in in-school suspension, or in a

18  dropout prevention and academic intervention program as

19  provided by s. 230.2316; or the principal may recommend the

20  student for out-of-school suspension or expulsion, as

21  appropriate. The student may be prohibited from attending or

22  participating in school-sponsored or school-related

23  activities. The principal may not return the student to that

24  teacher's class without the teacher's consent unless the

25  committee established under s. 232.272 determines that such

26  placement is the best or only available alternative. The

27  teacher and the placement review committee must render

28  decisions within 5 days of the removal of the student from the

29  classroom.

30         Section 73.  Effective July 1, 1999, paragraphs (a) and

31  (c) of subsection (1) of section 236.081, Florida Statutes,

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  1998 Supplement, are amended to read:

 2         236.081  Funds for operation of schools.--If the annual

 3  allocation from the Florida Education Finance Program to each

 4  district for operation of schools is not determined in the

 5  annual appropriations act or the substantive bill implementing

 6  the annual appropriations act, it shall be determined as

 7  follows:

 8         (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR

 9  OPERATION.--The following procedure shall be followed in

10  determining the annual allocation to each district for

11  operation:

12         (a)  Determination of full-time equivalent

13  membership.--During each of several school weeks, including

14  scheduled intersessions of a year-round school program during

15  the fiscal year, a program membership survey of each school

16  shall be made by each district by aggregating the full-time

17  equivalent student membership of each program by school and by

18  district. The department shall establish the number and

19  interval of membership calculations, except that for basic and

20  special programs such calculations shall not exceed nine for

21  any fiscal year. The district's full-time equivalent

22  membership shall be computed and currently maintained in

23  accordance with regulations of the commissioner. Beginning

24  with school year 1999-2000, each school district shall also

25  document the daily attendance of each student in membership by

26  school and by district. An average daily attendance factor

27  shall be computed by dividing the total daily attendance of

28  all students by the total number of students in membership and

29  then by the number of days in the regular school year.

30  Beginning with school year 2001-2002, the district's full-time

31  equivalent membership shall be adjusted by multiplying by the

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  average daily attendance factor.

 2         (c)  Determination of programs.--Cost factors based on

 3  desired relative cost differences between the following

 4  programs shall be established in the annual General

 5  Appropriations Act. The Commissioner of Education shall

 6  specify a matrix of services and intensity levels to be used

 7  by districts in the determination of funding support for each

 8  exceptional student. The funding support level for each

 9  exceptional student shall fund the exceptional student's total

10  education program.

11         1.  Basic programs.--

12         a.  Kindergarten and grades 1, 2, and 3.

13         b.  Grades 4, 5, 6, 7, and 8.

14         c.  Grades 9, 10, 11, and 12.

15         2.  Programs for exceptional students.--

16         a.  Support Level I.

17         b.  Support Level II.

18         c.  Support Level III.

19         d.  Support Level IV.

20         e.  Support Level V.

21         3.  Secondary career education programs.--

22         4.  Students-at-risk programs.--

23         a.  Department of Juvenile Justice clients Dropout

24  prevention and teenage parents.

25         b.  English for Speakers of Other Languages.

26         Section 74.  Paragraph (a) of subsection (4) of section

27  239.505, Florida Statutes, is amended to read:

28         239.505  Florida Constructive Youth Programs.--

29         (4)  FUNDING.--Each district school board or community

30  college board of trustees wishing to implement a constructive

31  youth program must submit a comprehensive plan to the

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  Department of Education no later than October 1 of the

 2  preceding school year, which plan must include a list of all

 3  funding sources, including, but not limited to:

 4         (a)  Funds available for programs authorized under the

 5  Dropout Prevention and Academic Intervention Act, as provided

 6  in s. 230.2316, and Dropout prevention programs funded

 7  pursuant to the provisions of s. 236.081(1)(c).

 8         Section 75.  Subsection (29) of section 984.03, Florida

 9  Statutes, 1998 Supplement, is amended, present subsection (57)

10  of that section is redesignated as subsection (58), and a new

11  subsection (57) is added to that section, to read:

12         984.03  Definitions.--When used in this chapter, the

13  term:

14         (29)  "Habitually truant" means that:

15         (a)  The child has 15 unexcused absences within 90

16  calendar days with or without the knowledge or justifiable

17  consent of the child's parent or legal guardian, is subject to

18  compulsory school attendance under s. 232.01, and is not

19  exempt under s. 232.06, s. 232.09, or any other exemptions

20  specified by law or the rules of the State Board of Education.

21         (b)  Escalating Activities to determine the cause, and

22  to attempt the remediation, of the child's truant behavior

23  under ss. 232.17 and 232.19 have been completed.

24

25  If a child who is subject to compulsory school attendance is

26  responsive to the interventions described in ss. 232.17 and

27  232.19 and has completed the necessary requirements to pass

28  the current grade as indicated in the district pupil

29  progression plan, the child shall not be determined to be

30  habitually truant and shall be passed. If a child within the

31  compulsory school attendance age has 15 unexcused absences

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  within 90 calendar days or fails to enroll in school, the

 2  State Attorney may, or the appropriate jurisdictional agency

 3  shall, file a child-in-need-of-services petition if

 4  recommended by the case-staffing committee, unless it is

 5  determined that another alternative action is preferable.

 6  Prior to filing a petition, the child must be referred to the

 7  appropriate agency for evaluation. After consulting with the

 8  evaluating agency, the State Attorney may elect to file a

 9  child-in-need-of-services petition.

10         (c)  A school representative, designated according to

11  school board policy, and a juvenile probation officer of the

12  Department of Juvenile Justice have jointly investigated the

13  truancy problem or, if that was not feasible, have performed

14  separate investigations to identify conditions that may be

15  contributing to the truant behavior; and if, after a joint

16  staffing of the case to determine the necessity for services,

17  such services were determined to be needed, the persons who

18  performed the investigations met jointly with the family and

19  child to discuss any referral to appropriate community

20  agencies for economic services, family or individual

21  counseling, or other services required to remedy the

22  conditions that are contributing to the truant behavior.

23         (d)  The failure or refusal of the parent or legal

24  guardian or the child to participate, or make a good faith

25  effort to participate, in the activities prescribed to remedy

26  the truant behavior, or the failure or refusal of the child to

27  return to school after participation in activities required by

28  this subsection, or the failure of the child to stop the

29  truant behavior after the school administration and the

30  Department of Juvenile Justice have worked with the child as

31  described in s. 232.19(3) and (4) shall be handled as

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  prescribed in s. 232.19.

 2         (57)  "Truancy petition" means a petition filed by the

 3  school superintendent alleging that a student subject to

 4  compulsory school attendance has had more than 15 unexcused

 5  absences in a 90-calendar-day period. A truancy petition is

 6  filed and processed under s. 984.151.

 7         Section 76.  Section 984.151, Florida Statutes, is

 8  created to read:

 9         984.151  Truancy petition; prosecution; disposition.--

10         (1)  If the school determines that a student subject to

11  compulsory school attendance has had more than 15 unexcused

12  absences in a 90-calendar-day period, the superintendent may

13  file a truancy petition.

14         (2)  The petition shall be filed in the circuit where

15  the student is enrolled in school.

16         (3)  Original jurisdiction to hear a truancy petition

17  shall be in the circuit court; however, the circuit court may

18  use a general or special master pursuant to Supreme Court

19  rules.

20         (4)  The petition must contain the following:  the

21  name, age, and address of the student; the name and address of

22  the student's parent or guardian; the school where the student

23  is enrolled; the efforts the school has made to get the

24  student to attend school; the number of out-of-school contacts

25  between the school system and student's parent or guardian;

26  and the number of days and dates of days the student has

27  missed school.  The petition shall be sworn to by the

28  superintendent or his or her designee.

29         (5)  Once the petition is filed, the court shall hear

30  the petition within 30 days.

31         (6)  The student and the student's parent or guardian

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  shall attend the hearing.

 2         (7)  If the court determines that the student did miss

 3  any of the alleged days, the court shall order the student to

 4  attend school and the parent to ensure that the student

 5  attends school, and may order any of the following:  the

 6  student to participate in alternative sanctions to include

 7  mandatory attendance at alternative classes to be followed by

 8  mandatory community services hours for a period up to 6

 9  months; the student and the student's parent or guardian to

10  participate in homemaker or parent aide services; the student

11  or the student's parent or guardian to participate in

12  intensive crisis counseling; the student or the student's

13  parent or guardian to participate in community mental health

14  services if available and applicable; the student and the

15  student's parent or guardian to participate in service

16  provided by voluntary or community agencies as available; and

17  the student or the student's parent or guardian to participate

18  in vocational, job training, or employment services.

19         (8)  If the student does not successfully complete the

20  sanctions ordered in subsection (7), the case shall be

21  referred to the case staffing committee under s. 984.12 with a

22  recommendation to file a child-in-need-of-services petition

23  under s. 984.15.

24         Section 77.  Funding levels and methodologies necessary

25  to implement the provisions of this act will be established in

26  the General Appropriations Act.

27         Section 78.  If any provision of this act or the

28  application thereof to any person or circumstance is held

29  invalid, the invalidity shall not affect other provisions or

30  applications of the act which can be given effect without the

31  invalid provision or application, and to this end the

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  provisions of this act are declared severable.

 2         Section 79.  Except as otherwise provided in this act,

 3  this act shall take effect upon becoming a law.

 4

 5

 6  ================ T I T L E   A M E N D M E N T ===============

 7  And the title is amended as follows:

 8         Delete everything before the enacting clause

 9

10  and insert:

11                      A bill to be entitled

12         An act relating to education; amending s.

13         229.0535, F.S.; revising provisions relating to

14         the authority of the State Board of Education

15         to enforce school improvement; creating s.

16         229.0537, F.S.; providing findings and intent;

17         requiring private school opportunity

18         scholarships to be provided to certain public

19         school students; providing student eligibility

20         requirements; providing school district

21         requirements; providing an alternative to

22         accepting a state opportunity scholarship;

23         providing private school eligibility criteria;

24         providing student attendance requirements;

25         providing parental involvement requirements;

26         providing a district reporting requirement;

27         providing for calculation of the amount and

28         distribution of state opportunity scholarship

29         funds; authorizing the adoption of rules;

30         amending s. 229.512, F.S.; revising provisions

31         relating to the authority of the Commissioner

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         of Education regarding the implementation of

 2         the program of school improvement and education

 3         accountability; amending s. 229.555, F.S.,

 4         relating to educational planning and

 5         information systems; revising to conform;

 6         amending s. 229.565, F.S.; eliminating the

 7         requirement that the Commissioner of Education

 8         designate program categories and grade levels

 9         for which performance standards are to be

10         approved; amending s. 229.57, F.S.; revising

11         the purpose of the student assessment program;

12         requiring the Department of Education to

13         develop a system to measure annual pupil

14         progress; requiring the statewide assessment

15         program to include science; revising provisions

16         relating to the administration of the National

17         Assessment of Educational Progress; revising

18         the statewide assessment program; revising

19         requirements relating to the annual report of

20         the results of the statewide assessment

21         program; providing for the identification of

22         schools by performance grade category according

23         to student and school performance data;

24         providing for the identification of school

25         improvement ratings; amending s. 229.58, F.S.;

26         removing a reference to the Florida Commission

27         on Education Reform and Accountability;

28         amending s. 229.591, F.S.; revising provisions

29         relating to the system of school improvement

30         and education accountability to reflect that

31         students are not required to attend schools

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         designated in a certain performance grade

 2         category; revising the state education goals;

 3         amending s. 229.592, F.S., relating to the

 4         implementation of the state system of school

 5         improvement and education accountability;

 6         removing obsolete provisions; deleting the

 7         requirement that the Commissioner of Education

 8         appear before the Legislature; revising duties

 9         of the Department of Education; revising duties

10         of the State Board of Education; revising

11         provisions relating to waivers from statutes;

12         conforming cross-references; amending s.

13         229.595, F.S., relating to the implementation

14         of the state system of educational

15         accountability for school-to-work transition;

16         revising provisions relating to the assessment

17         of readiness to enter the workforce; removing a

18         reference to the Florida Commission on

19         Education Reform and Accountability; amending

20         s. 230.23, F.S., relating to powers and duties

21         of school boards; revising provisions relating

22         to the compensation and salary schedules of

23         school employees; requiring certain

24         performance-based pay for specified school

25         personnel; revising provisions relating to

26         courses of study and other instructional aids

27         to include the term "instructional materials";

28         specifying content of school improvement plans;

29         revising school board duties regarding the

30         implementation and enforcement of school

31         improvement and accountability; revising

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         policies regarding public disclosure; requiring

 2         school board adoption of certain policies;

 3         amending s. 231.2905, F.S.; revising provisions

 4         of the Florida School Recognition Program

 5         relating to financial awards based on employee

 6         performance; revising initial criteria for

 7         identification of schools; amending s. 232.245,

 8         F.S.; relating to pupil progression; revising

 9         requirements relating to the provision of

10         remedial instruction; providing requirements

11         for the use of resources for remedial

12         instruction; requiring the adoption of rules

13         regarding pupil progression; eliminating

14         requirements relating to student academic

15         improvement plans; deleting duplicative

16         requirements relating to mandatory remedial

17         reading instruction; amending s. 233.061, F.S.;

18         requiring schools that receive opportunity

19         scholarships to provide certain courses of

20         study; amending s. 228.053, F.S.; relating to

21         developmental research schools; conforming

22         cross-references; amending s. 228.054, F.S.,

23         relating to the Joint Developmental Research

24         School Planning, Articulation, and Evaluation

25         Committee; conforming a cross-reference;

26         amending s. 233.17, F.S., relating to the term

27         of adoption of instructional materials;

28         conforming cross-references; amending s.

29         236.685, F.S., relating to educational funding

30         accountability; conforming a cross-reference;

31         creating s. 236.08104, F.S.; establishing a

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         supplemental academic instruction categorical

 2         fund; providing findings and intent; providing

 3         requirements for the use of funds; authorizing

 4         the Florida State University School to expend

 5         certain funds for student remediation; amending

 6         s. 236.013, F.S.; eliminating certain

 7         provisions relating to calculations of the

 8         equivalent of a full-time student; revising

 9         provisions relating to membership in programs

10         scheduled for more than 180 days; amending s.

11         239.101, F.S., relating to career education;

12         conforming cross-references; amending s.

13         239.229, F.S., relating to vocational

14         standards; conforming cross-references;

15         amending s. 24.121, F.S.; specifying conditions

16         for withholding allocations from the

17         Educational Enhancement Trust Fund; reenacting

18         s. 120.81(1)(b), F.S., relating to tests, test

19         scoring criteria, or testing procedures, s.

20         228.053(3) and (8), F.S., relating to

21         developmental research schools, s.

22         228.0565(6)(b), (c), and (d), F.S., relating to

23         deregulated public schools, s. 228.301(1),

24         F.S., relating to test security, s.

25         229.551(1)(c) and (3), F.S., relating to

26         educational management, s. 230.03(4), F.S.,

27         relating to school district management,

28         control, operation, administration, and

29         supervision, s. 231.24(3)(a), F.S., relating to

30         the process for renewal of professional

31         certificates, s. 231.36(3)(e) and (f), F.S.,

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         relating to contracts with instructional staff,

 2         supervisors, and principals, s. 232.2454(1),

 3         F.S., relating to district student performance

 4         standards, instruments, and assessment

 5         procedures, s. 232.246(5)(a) and (b), F.S.,

 6         relating to general requirements for high

 7         school graduation, s. 232.248, F.S., relating

 8         to confidentiality of assessment instruments,

 9         s. 232.2481(1), F.S., relating to graduation

10         and promotion requirements for publicly

11         operated schools, s. 233.09(4), F.S., relating

12         to duties of instructional materials

13         committees, s. 233.165(1)(b), F.S., relating to

14         the selection of instructional materials, s.

15         233.25(3)(b), F.S., relating to publishers and

16         manufacturers of instructional materials, s.

17         239.229(3), F.S., relating to vocational

18         standards, s. 240.118(4), F.S., relating to

19         postsecondary feedback of information to high

20         schools, to incorporate references; amending s.

21         228.041, F.S.; redefining the terms "graduation

22         rate" and "dropout rate"; encouraging

23         businesses and corporations to enter into

24         partnerships with low-performing and failing

25         schools for stated purposes; amending s.

26         230.202, F.S.; providing that, after a

27         specified date, part of the salary of school

28         board members must be based on students'

29         performance; amending s. 230.303, F.S.;

30         providing that, after a specified date, part of

31         the salary of elected superintendents of

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         schools must be based on students' performance;

 2         amending s. 228.056, F.S., relating to charter

 3         schools; stating an intent to increase

 4         standards for the preparation, certification,

 5         and professional development of educators;

 6         directing the Department of Education to review

 7         statutes and rules governing certification to

 8         increase efficiency, rigor, and alternatives in

 9         the certification process; requiring a report;

10         amending s. 231.02, F.S.; correcting a

11         reference; amending s. 231.0861, F.S.;

12         requiring the State Board of Education to

13         approve criteria for selection of certain

14         administrative personnel; authorizing school

15         districts to contract with private entities for

16         evaluation and training of such personnel;

17         amending s. 231.085, F.S.; specifying

18         principals' responsibilities for assessing

19         performance of school personnel and

20         implementing the Sunshine State Standards;

21         amending s. 231.087, F.S.; requiring the State

22         Board of Education to adopt rules governing the

23         training of school district management

24         personnel; providing for review and repeal of

25         the Management Training Act; requiring

26         recommendations; amending s. 231.09, F.S.;

27         prescribing duties of instructional personnel;

28         amending s. 231.096, F.S.; requiring a school

29         board plan to ensure the competency of teachers

30         with out-of-field teaching assignments;

31         amending s. 231.145, F.S.; revising purpose to

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         reflect increased requirements for

 2         certification; amending s. 231.15, F.S.;

 3         authorizing certification based on demonstrated

 4         competencies; requiring rules of the State

 5         Board of Education to specify certain

 6         competencies; requiring consultation with

 7         postsecondary education boards; amending s.

 8         231.17, F.S.; revising prerequisites for

 9         certification; requiring demonstration of

10         general knowledge before temporary

11         certification; increasing the requirement that

12         teachers know and use mathematics, technology,

13         and intervention strategies with students;

14         deleting alternative ways to demonstrate

15         general knowledge competency; amending s.

16         231.1725, F.S.; providing legal protections for

17         clinical field experience students; amending s.

18         231.174, F.S., relating to district programs

19         for adding certification coverages; removing

20         limitation to specific certification areas;

21         amending s. 231.29, F.S.; requiring certain

22         personnel-performance assessments to be

23         primarily based on student performance;

24         revising the assessment procedure for certain

25         school district personnel; amending s. 231.36,

26         F.S.; authorizing the State Board of Education

27         to define certain terms by rule; requiring

28         certain review and testing of employees of

29         schools in performance grade categories "D" and

30         "F"; amending s. 231.546, F.S.; specifying

31         duties of the Education Standards Commission;

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         amending s. 231.600, F.S.; prescribing the

 2         responsibilities of school district

 3         professional-development programs; amending s.

 4         236.08106, F.S.; providing for the distribution

 5         of Excellent Teaching Program funds; deleting

 6         certain district incentives; amending s.

 7         240.529, F.S.; requiring the commissioner to

 8         appoint a Teacher Preparation Program Committee

 9         to recommend core curricula for state-approved

10         teacher-preparation programs; requiring a

11         report; requiring the State Board of Education

12         to adopt rules establishing uniform core

13         curricula; revising criteria for initial and

14         continuing approval of teacher-preparation

15         programs; increasing the requirements for a

16         student to enroll in and graduate from a

17         teacher-education program; requiring annual

18         reports of program performance; providing

19         additional legislative intent related to

20         teacher-preparation programs; providing the

21         criteria for continued program approval;

22         providing for the requirements for instructors

23         in postsecondary teacher-preparation programs

24         who instruct or supervise preservice field

25         experience courses or internships; eliminating

26         the requirement related to a commitment to

27         teaching in the public schools for a period of

28         time; providing additional requirements for

29         school district and instructional personnel who

30         supervise or direct certain teacher-preparation

31         students; creating s. 231.6135, F.S.;

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         establishing a statewide system for inservice

 2         professional development; authorizing

 3         professional development academies to meet

 4         human resource development and education

 5         instruction training needs of educators,

 6         school, and school districts; providing for

 7         organization and operation by public and

 8         private partners; providing for funding;

 9         specifying duties of the Commissioner of

10         Education; repealing s. 231.601, F.S., relating

11         to purpose of inservice training for

12         instructional personnel; amending s. 230.2316,

13         F.S.; providing for a dropout prevention and

14         academic intervention program; revising intent

15         of program; revising eligibility criteria;

16         expanding eligible students to grades 1-12;

17         revising reporting requirements for district

18         evaluation; providing procedures for notice to

19         and response from a parent, guardian, or legal

20         custodian prior to placement in a program or

21         the provision of services to the student;

22         amending s. 231.085, F.S.; requiring principals

23         to ensure the accuracy and timeliness of school

24         reports; requiring principals to provide staff

25         training opportunities; creating s. 232.001,

26         F.S.; allowing the Manatee County District

27         School Board to raise the compulsory age of

28         attendance for children; providing requirements

29         for the school board if it chooses to

30         participate in the pilot project; providing for

31         the applicability of state law and State Board

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         of Education rule; providing an exception from

 2         the provisions relating to a declaration of

 3         intent to terminate school enrollment;

 4         requiring a study; amending s. 232.17, F.S.;

 5         providing legislative findings; placing

 6         responsibility on school district

 7         superintendents for enforcing attendance;

 8         establishing requirements for school board

 9         policies; revising the current steps for

10         enforcing regular school attendance; requiring

11         public schools to follow the steps;

12         establishing the requirements for school

13         principals, primary teachers, child study

14         teams, and parents; providing for parents to

15         appeal; allowing the superintendent to seek

16         criminal prosecution for parental

17         noncompliance; requiring the superintendent,

18         parent, or guardian to file certain petitions

19         involving ungovernable children in certain

20         circumstances; requiring the superintendent to

21         provide the court with certain evidence;

22         allowing for court enforcement for children who

23         refuse to comply; revising the notice

24         requirements to parents, guardians, or others;

25         eliminating a current condition for notice;

26         eliminating the option for referral to case

27         staffing committees; requiring the

28         superintendent to take steps to bring about

29         criminal prosecution and requiring related

30         notice; authorizing the superintendent to file

31         truancy petitions; allowing for the return of

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         absent children to additional locations;

 2         requiring parental notification; amending s.

 3         232.19, F.S., relating to habitual truancy;

 4         authorizing superintendents to file truancy

 5         petitions; requiring that a court order for

 6         school attendance be obtained as a part of

 7         services; revising the requirements that must

 8         be met prior to filing a petition; amending s.

 9         232.26, F.S.; removing a limitation on the

10         principal's authority to discipline or expel

11         pupils for unlawful possession or use of

12         controlled substances under chapter 893, F.S.;

13         amending s. 232.271, F.S.; revising references;

14         amending s. 236.081, F.S.; amending procedures

15         that must be followed in determining the annual

16         allocation to each school district for

17         operation; requiring the average daily

18         attendance of the student membership to be

19         calculated by school and by district; revising

20         students-at-risk programs; amending s. 239.505,

21         F.S.; revising provisions relating to funding

22         of constructive youth programs; amending s.

23         984.03, F.S.; redefining the term "habitual

24         truant"; requiring the state attorney to file a

25         child-in-need-of-services petition in certain

26         circumstances; eliminating the requirement for

27         referral for evaluation; defining the term

28         "truancy petition"; requiring the appropriate

29         jurisdictional agency to file a petition;

30         creating s. 984.151, F.S.; providing procedures

31         for truancy petitions; providing for truancy

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1         hearings and penalties; providing for funding;

 2         providing for severability; providing effective

 3         dates.

 4

 5         WHEREAS, providing a system of high-quality public

 6  education for children is an important goal of this state, and

 7         WHEREAS, Floridians reemphasized their aspiration to

 8  provide for a system of high-quality public education for

 9  children in this state by amending Section 1 of Article IX of

10  the State Constitution in the November 1998 general election,

11  and

12         WHEREAS, the Legislature recognizes that it has an

13  important but not exclusive role in providing children with

14  the opportunity to obtain a high-quality education in this

15  state, and

16         WHEREAS, success in obtaining a high-quality education

17  depends upon many influences, and

18         WHEREAS, among the most prominent influences on the

19  educational success of children are the positive influences of

20  parents on their children's lives and on their children's

21  desire to learn and the active involvement of parents in the

22  education of their children, and

23         WHEREAS, the presence of those influences is

24  indispensable to successfully providing a system that allows

25  students to obtain a high-quality education, and

26         WHEREAS, children will have the best opportunity to

27  obtain a high-quality education in the public education system

28  of this state and that system can best be enhanced when

29  positive parental influences are present, when we allocate

30  resources efficiently and concentrate resources to enhance a

31  safe, secure, and disciplined classroom learning environment,

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                                                  SENATE AMENDMENT

    Bill No. CS/HBs 751, 753 & 755, 2nd Eng.

    Amendment No.    





 1  when we support teachers, when we reinforce shared high

 2  academic expectations, and when we promptly reward success and

 3  promptly identify failure, as well as promptly appraise the

 4  public of both successes and failures, and

 5         WHEREAS, the voters of the State of Florida, in the

 6  1998 General Election, amended Article IX, section 1, of the

 7  Florida Constitution to state that, "Adequate provision shall

 8  be made by law for a ... safe, secure, and high quality system

 9  of free public schools ...," and

10         WHEREAS, House Bill 1309, a comprehensive school safety

11  and discipline package, was enacted by the Legislature in the

12  1997 Session, addressing dropouts, habitual truancy, zero

13  tolerance for crime, drugs, alcohol, and weapons, alternative

14  placement of disruptive students, and cooperative agreements

15  with local law enforcement for crime reporting, and

16         WHEREAS, the Legislature annually provides for

17  safe-schools appropriations to be used for after school

18  programs for middle school students, alternative programs for

19  adjudicated youth, school resource officers, and conflict

20  resolution strategies, and

21         WHEREAS, the enhancement of school safety should be

22  measured as an element of school performance and

23  accountability and improved crime and incident reporting, as

24  well as a heightened emphasis on character education in the

25  curriculum of the early grades, NOW, THEREFORE,

26

27

28

29

30

31

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