House Bill 0751c1

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







    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
        By the Committee on Transforming Florida Schools, Select
    and Representatives Diaz de la Portilla, Lynn, Melvin,
    Roberts, Feeney, Cantens, Kilmer, Lacasa, Andrews, Jones,
    Patterson, Warner, Farkas, Sorensen, Goodlette and Alexander



  1                      A bill to be entitled

  2         An act relating to a high-quality education

  3         system; amending s. 229.0535, F.S.; revising

  4         provisions relating to the authority of the

  5         State Board of Education to enforce school

  6         improvement; creating s. 229.0537, F.S.;

  7         providing findings and intent language;

  8         requiring private school opportunity

  9         scholarships to be provided to certain public

10         school students; providing student eligibility

11         requirements; providing school district

12         requirements; providing an alternative to

13         accepting a state opportunity scholarship;

14         providing private school eligibility criteria;

15         providing student attendance requirements;

16         providing parental involvement requirements;

17         providing a district reporting requirement;

18         providing for calculation of the amount and

19         distribution of state opportunity scholarship

20         funds; authorizing the adoption of rules;

21         amending s. 229.512, F.S.; revising provisions

22         relating to the authority of the Commissioner

23         of Education regarding the implementation of

24         the program of school improvement and education

25         accountability; amending s. 229.555, F.S.,

26         relating to educational planning and

27         information systems; revising to conform;

28         amending s. 229.565, F.S.; eliminating the

29         requirement that the Commissioner of Education

30         designate program categories and grade levels

31         for which performance standards are to be

                                  1

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         approved; amending s. 229.57, F.S.; revising

  2         the purpose of the student assessment program;

  3         revising provisions relating to participation

  4         in the National Assessment of Educational

  5         Progress; revising the statewide assessment

  6         program; revising requirements relating to the

  7         annual report of the results of the statewide

  8         assessment program; providing for the

  9         identification of schools by performance grade

10         category according to student and school

11         performance data; providing for the

12         identification of school improvement ratings;

13         increasing the authority that each school

14         identified in a certain performance grade

15         category has over the allocation of the

16         school's total budget; authorizing the

17         negotiation of a contract for annual

18         assessment; providing contract requirements;

19         assigning responsibility for local assessments

20         in subjects and grade levels other than those

21         included in the statewide assessment program;

22         providing for funding based on school

23         performance; amending s. 229.58, F.S.; removing

24         a reference to the Florida Commission on

25         Education Reform and Accountability;  amending

26         s. 229.591, F.S.; revising provisions relating

27         to the system of school improvement and

28         education accountability to reflect that

29         students are not required to attend schools

30         designated in a certain performance grade

31         category; revising the state education goals;

                                  2

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         amending s. 229.592, F.S., relating to the

  2         implementation of the state system of school

  3         improvement and education accountability;

  4         removing obsolete language; removing references

  5         to the Florida Commission on Education Reform

  6         and Accountability; deleting the requirement

  7         that the Commissioner of Education appear

  8         before the Legislature; revising duties of the

  9         Department of Education; revising duties of the

10         State Board of Education; revising provisions

11         relating to waivers from statutes; correcting

12         cross references; repealing s. 229.593, F.S.,

13         relating to the Florida Commission on Education

14         Reform and Accountability; repealing s.

15         229.594, F.S., relating to the powers and

16         duties of the commission; amending s. 229.595,

17         F.S., relating to the implementation of the

18         state system of educational accountability for

19         school-to-work transition; revising provisions

20         relating to the assessment of readiness to

21         enter the workforce; removing a reference to

22         the Florida Commission on Education Reform and

23         Accountability; amending s. 230.23, F.S.,

24         relating to powers and duties of school boards;

25         revising provisions relating to the

26         compensation and salary schedules of school

27         employees; revising provisions relating to

28         courses of study and other instructional aids

29         to include the term "instructional materials";

30         revising school board duties regarding the

31         implementation and enforcement of school

                                  3

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         improvement and accountability; revising

  2         policies regarding public disclosure; requiring

  3         school board adoption of certain policies;

  4         amending s. 231.29, F.S.; revising the

  5         assessment procedure for school district

  6         instructional, administrative, and supervisory

  7         personnel; amending s. 231.2905, F.S.; revising

  8         provisions of the Florida School Recognition

  9         Program relating to financial awards based on

10         employee performance; revising initial criteria

11         for identification of schools; amending s.

12         232.245, F.S.; relating to pupil progression;

13         revising requirements relating to the provision

14         of remedial instruction; providing requirements

15         for the use of resources for remedial

16         instruction; requiring the adoption of rules

17         regarding pupil progression; eliminating

18         requirements relating to student academic

19         improvement plans; deleting duplicative

20         requirements relating to mandatory remedial

21         reading instruction; amending s. 228.053, F.S.;

22         relating to developmental research schools;

23         removing references to "Blueprint 2000";

24         correcting cross references; amending s.

25         228.054, F.S., relating to the Joint

26         Developmental Research School Planning,

27         Articulation, and Evaluation Committee;

28         correcting a cross reference; amending s.

29         228.056, F.S.; conforming references to testing

30         programs;  amending s. 233.17, F.S., relating

31         to the term of adoption of instructional

                                  4

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         materials; correcting cross references;

  2         amending s. 236.685, F.S., relating to

  3         educational funding accountability; correcting

  4         a cross reference; amending s. 20.15, F.S.,

  5         relating to the creation of the Department of

  6         Education; removing a reference to the Florida

  7         Commission on Education Reform and

  8         Accountability; creating s. 236.08104, F.S.;

  9         establishing a supplemental academic

10         instruction categorical fund; providing

11         findings and intent; providing requirements for

12         the use of funds; providing for dropout

13         prevention program funding to be included in

14         Group 1 FEFP programs; amending s. 236.013,

15         F.S.; eliminating certain provisions relating

16         to calculations of the equivalent of a

17         full-time student; revising provisions relating

18         to membership in programs scheduled for more

19         than 180 days; amending s. 239.101, F.S.,

20         relating to career education; correcting cross

21         references; amending s. 239.229, F.S., relating

22         to vocational standards; correcting cross

23         references; amending s. 240.529, F.S., relating

24         to approval of teacher education programs;

25         correcting a cross reference; creating s. 231.

26         002, F.S.; stating an intent to increase

27         standards for the preparation, certification,

28         and professional development of educators;

29         directing the Department of Education to review

30         statutes and rules governing certification to

31         increase efficiency, rigor, and alternatives in

                                  5

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         the certification process; requiring a report;

  2         amending s. 24.121, F.S.; specifying conditions

  3         for withholding allocations from the

  4         Educational Enhancement Trust Fund; amending s.

  5         229.592, F.S.; prohibiting the waiver of a

  6         required report of out-of-field teachers;

  7         amending s. 230.23, F.S., relating to district

  8         school board powers and duties; requiring

  9         certain performance-based pay for school

10         administrators and instructional personnel;

11         amending s. 231.02, F.S.; correcting a

12         reference; amending s. 231.0861, F.S.;

13         requiring the State Board of Education to

14         approve criteria for selection of certain

15         administrative personnel; authorizing school

16         districts to contract with private entities for

17         evaluation and training of such personnel;

18         amending s. 231.085, F.S.; specifying

19         principals' responsibilities for assessing

20         performance of school personnel and

21         implementing the Sunshine State Standards;

22         amending s. 231.087, F.S.; requiring the State

23         Board of Education to adopt rules governing the

24         training of school district management

25         personnel; providing for review and repeal of

26         the Management Training Act; requiring

27         recommendations; amending s. 231.09, F.S.;

28         prescribing duties of instructional personnel;

29         amending s. 231.096, F.S.; requiring a school

30         board plan to ensure the competency of teachers

31         with out-of-field teaching assignments;

                                  6

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         amending s. 231.145, F.S.; revising purpose to

  2         reflect increased requirements for

  3         certification; amending s. 231.15, F.S.;

  4         authorizing certification based on demonstrated

  5         competencies; requiring rules of the State

  6         Board of Education to specify certain

  7         competencies; requiring consultation with

  8         postsecondary education boards; amending s.

  9         231.17, F.S.; revising prerequisites for

10         certification; increasing the requirement that

11         teachers know and use mathematics, technology,

12         and intervention strategies with students;

13         deleting alternative ways to demonstrate

14         general knowledge competency; requiring

15         demonstration of ability to maintain

16         collaborative relationships with students'

17         families; amending s. 231.1725, F.S.; providing

18         legal protections for clinical field experience

19         students; amending s. 231.174, F.S., relating

20         to district programs for adding certification

21         coverages; removing limitation to specific

22         certification areas; amending s. 231.29, F.S.;

23         revising assessment procedures for

24         instructional personnel and school

25         administrators; amending s. 231.546, F.S.;

26         specifying duties of the Education Standards

27         Commission; amending s. 231.600, F.S.;

28         prescribing the responsibilities of school

29         district professional-development programs;

30         amending s. 240.529, F.S.; revising criteria

31         for initial and continuing approval of

                                  7

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         teacher-preparation programs; increasing the

  2         requirements for a student to enroll in and

  3         graduate from a teacher-education program;

  4         requiring preservice field experience programs

  5         to include supervised contact with lower

  6         achieving students; requiring annual reports of

  7         program performance; creating s. 231.6135,

  8         F.S.; establishing a statewide system for

  9         in-service professional development;

10         authorizing professional development academies

11         to meet human resource development and

12         education instruction training needs of

13         educators, schools, and school districts;

14         providing for organization and operation by

15         public and private partners; providing for

16         funding; specifying duties of the Commissioner

17         of Education; repealing s. 231.601, F.S.,

18         relating to purpose of inservice training for

19         instructional personnel; amending s. 230.23,

20         F.S.; requiring school improvement plans to

21         include additional issues; amending s.

22         230.2316, F.S.; specifying the elements of

23         dropout prevention programs; specifying

24         additional contents for the education program;

25         requiring students in grades 1-12 to be

26         eligible for dropout prevention programs;

27         providing for applications by school districts

28         to the Department of Education for grants to

29         operate second chance schools; establishing

30         grant and program requirements; providing for

31         the generation of operating funds through

                                  8

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         programs of the Florida Education Finance

  2         Program; providing new requirements for

  3         students seeking to reenter traditional

  4         schools; amending s. 231.085, F.S.; requiring

  5         principals to ensure the accuracy and

  6         timeliness of school reports; requiring

  7         principals to provide staff training

  8         opportunities; creating s. 232.001, F.S.;

  9         allowing certain district school boards to

10         implement pilot projects to raise the

11         compulsory age of attendance for children;

12         providing requirements for school boards that

13         choose to participate in pilot projects;

14         providing for the applicability of state law

15         and State Board of Education rule; providing an

16         exception from the provisions relating to a

17         declaration of intent to terminate school

18         enrollment; requiring a study; amending s.

19         232.01, F.S.; applying compulsory school

20         attendance laws to kindergarten; providing that

21         compulsory school attendance requirements apply

22         until the student turns 18 or the parent or

23         guardian signs the student's declaration of

24         intent to terminate school enrollment; amending

25         s. 232.17, F.S.; providing legislative

26         findings; placing responsibility on school

27         district superintendents for enforcing

28         attendance; establishing requirements for

29         school board policies; revising the current

30         steps for enforcing regular school attendance;

31         requiring public schools to follow the steps;

                                  9

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         establishing the requirements for school

  2         principals, primary teachers, child study

  3         teams, and parents; providing for parents to

  4         appeal; allowing the superintendent to seek

  5         criminal prosecution for parental

  6         noncompliance; requiring the superintendent to

  7         file certain petitions involving ungovernable

  8         children in certain circumstances; requiring

  9         the superintendent to provide the court with

10         certain evidence; allowing for court

11         enforcement for children who refuse to comply;

12         revising the notice requirements to parents,

13         guardians, or others; eliminating a current

14         condition for notice; eliminating the option

15         for referral to case staffing committees;

16         requiring the superintendent to take steps to

17         bring about criminal prosecution and requiring

18         related notice; authorizing superintendents to

19         file truancy petitions; allowing for the return

20         of absent children to additional locations;

21         requiring parental notification; deleting

22         certain provisions relating to escalating

23         series of truancy activities; amending s.

24         232.19, F.S., relating to habitual truancy;

25         authorizing superintendents to file truancy

26         petitions; requiring that a court order for

27         school attendance be obtained as a part of

28         services; revising the requirements that must

29         be met prior to filing a petition; amending s.

30         236.081, F.S.; amending procedures that must be

31         followed in determining the annual allocation

                                  10

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         to each school district for operation;

  2         requiring the average daily attendance of the

  3         student membership to be calculated by school

  4         and by district; requiring the district's FTE

  5         membership to be adjusted by multiplying by the

  6         average daily attendance factor; amending s.

  7         240.529, F.S.; providing the criteria for

  8         continued program approval; providing for the

  9         requirements for instructors in postsecondary

10         teacher preparation programs who instruct or

11         supervise preservice field experience courses

12         or internships; eliminating the requirement

13         related to a commitment to teaching in the

14         public schools for a period of time; providing

15         additional requirements for school district and

16         instructional personnel who supervise or direct

17         certain teacher preparation students; amending

18         s. 984.03, F.S.; redefining the term "habitual

19         truant"; requiring the state attorney to file a

20         child-in-need-of-services petition in certain

21         circumstances; eliminating the requirement for

22         referral for evaluation; providing definitions

23         for "truancy court" and "truancy petition";

24         creating s. 984.151, F.S.; providing procedure

25         for truancy petitions; providing for truancy

26         hearings and penalties; reenacting s.

27         24.121(5)(b) and (c), F.S., relating to the

28         Educational Enhancement Trust Fund, s.

29         120.81(1)(b), F.S., relating to tests, test

30         scoring criteria, or testing procedures, s.

31         228.056(9)(e), F.S., relating to charter

                                  11

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         schools, s. 228.0565(6)(b), (c), and (d), F.S.,

  2         relating to deregulated public schools, s.

  3         228.301(1), F.S., relating to test security, s.

  4         229.551(1)(c) and (3), F.S., relating to

  5         educational management, s. 230.03(4), F.S.,

  6         relating to school district management,

  7         control, operation, administration, and

  8         supervision, s. 230.2316(4)(b), F.S., relating

  9         to dropout prevention, s. 231.24(3)(a), F.S.,

10         relating to the process for renewal of

11         professional certificates, s. 231.36(3)(e) and

12         (f), F.S., relating to contracts with

13         instructional staff, supervisors, and

14         principals, s. 232.2454(1), F.S., relating to

15         district student performance standards,

16         instruments, and assessment procedures, s.

17         232.246(5)(a) and (b), F.S., relating to

18         general requirements for high school

19         graduation, s. 232.248, F.S., relating to

20         confidentiality of assessment instruments, s.

21         232.2481(1), F.S., relating to graduation and

22         promotion requirements for publicly operated

23         schools, s. 233.09(4), F.S., relating to duties

24         of instructional materials committees, s.

25         233.165(1)(b), F.S., relating to the selection

26         of instructional materials, s. 233.25(3)(b),

27         F.S., relating to publishers and manufacturers

28         of instructional materials, s. 236.08106(2)(a)

29         and (c), F.S., relating to the Excellent

30         Teaching Program, s. 236.685(6), F.S., relating

31         to educational funding accountability, s.

                                  12

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         239.101(7), F.S., relating to career education,

  2         s. 239.229(1) and (3), F.S., relating to

  3         vocational standards, s. 240.118(4), F.S.,

  4         relating to postsecondary feedback of

  5         information to high schools, s. 240.529(1),

  6         F.S., relating to approval of teacher

  7         preparation programs, to incorporate

  8         references; providing effective dates.

  9

10         WHEREAS, the voters of the State of Florida, in the

11  November 1998 General Election, requested systemic change to

12  Florida's education system by amending Article IX, section 1,

13  of the Florida Constitution to state that "Adequate provision

14  shall be made by law for a uniform, efficient, safe, secure

15  and high quality system of free public schools that allows

16  students to obtain a high quality education. . .," and

17         WHEREAS, a high quality education system must hold high

18  academic expectations for students and must annually measure

19  their achievement, demanding as a benchmark goal that students

20  gain at least a year's worth of knowledge in a year, and

21         WHEREAS, a high quality education system can best

22  attain that benchmark goal by quickly rewarding success and

23  correcting failure, apprising the public of successes and

24  failures so that informed educational decisions can be made,

25  and concentrating resources on the academic progress of

26  students and the effectiveness of classroom teachers, and

27         WHEREAS, the most important influence a school can

28  contribute to the learning of any student is the attitude,

29  skills, knowledge, and understanding of the teacher, and

30         WHEREAS, a safe, secure, and high-quality education

31  system demands parental involvement in the education of their

                                  13

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  children, a disciplined classroom learning environment, and

  2  consistent student attendance at school, NOW, THEREFORE,

  3

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

  5

  6         Section 1.  Section 229.0535, Florida Statutes, is

  7  amended to read:

  8         229.0535  Authority to enforce school improvement.--It

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

10  held accountable for ensuring that students performing perform

11  at acceptable levels.  A system of school improvement and

12  accountability that assesses student performance by school,

13  identifies schools in which students are not making not

14  providing adequate progress toward state standards, and

15  institutes appropriate measures for enforcing improvement, and

16  provides rewards and sanctions based on performance shall be

17  the responsibility of the State Board of Education.

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

19  prescribing the duty of the State Board of Education to

20  supervise Florida's public school system and notwithstanding

21  any other statutory provisions to the contrary, the State

22  Board of Education shall have the authority to intervene in

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

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

25  make adequate progress for 2 3 consecutive school years in any

26  4-year period.  The state board may determine that the school

27  district or and/or school has not taken steps sufficient for

28  to ensure that students in the school to be academically in

29  question are well served.  Considering recommendations of the

30  Commissioner of Education, the state board shall is authorized

31  to recommend action to a district school board that is

                                  14

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  intended to improve ensure improved educational services to

  2  students in each school that is designated as performance

  3  grade category "F"  the low-performing schools in question.

  4  Recommendations for actions to be taken in the school district

  5  shall be made only after thorough consideration of the unique

  6  characteristics of a school, which shall also include student

  7  mobility rates, and the number and type of exceptional

  8  students enrolled in the school, and whether or not the

  9  students in the school have available options for improved

10  educational services. The state board shall adopt by rule

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

12  ensure that school districts have sufficient time to improve

13  student performance in schools and have had the opportunity to

14  present evidence of assistance and interventions that the

15  school board has implemented.

16         (2)  The state board is specifically authorized to

17  recommend one or more of the following actions to school

18  boards to enable ensure that students in low-performing

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

20  academically are well served by the public school system:

21         (a)  Provide additional resources, change certain

22  practices, and provide additional assistance if the state

23  board determines the causes of inadequate progress to be

24  related to school district policy or practice;

25         (b)  Implement a plan that satisfactorily resolves the

26  education equity problems in the school;

27         (c)  Contract for the educational services of the

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

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

30  implement a plan that addresses the causes of inadequate

31  progress; or

                                  15

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






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

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

  3  appropriate; or

  4         (d)(e)  Other action as deemed appropriate to improve

  5  the school's performance.

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

  7  State Board of Education shall specify the length of time

  8  available to implement the recommended action.  The state

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

10  specific circumstances.  No action taken by the state board

11  shall relieve a school from state accountability requirements.

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

13  require the Department of Education or Comptroller to withhold

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

15  the timeframe specified in state board action, the school

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

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

18  transfer of funds shall occur only after all other recommended

19  actions for school improvement have failed to improve the

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

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

22  develop and implement a plan for assistance and intervention

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

24         Section 2.  Section 229.0537, Florida Statutes, is

25  created to read:

26         229.0537  Opportunity Scholarship Program.--

27         (1)  FINDINGS AND INTENT.--This section represents a

28  covenant between the state and the citizens of Florida that

29  all children will have the opportunity to attend schools that

30  can meet their educational needs and in which they can gain

31  the knowledge and skills required to graduate from high school

                                  16

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  and be prepared for postsecondary education, technical

  2  education, or the world of work. The Legislature recognizes

  3  that the voters of the State of Florida, in the November 1998

  4  general election, amended Article IX, Section 1, of the

  5  Florida Constitution so as to make education a paramount duty

  6  of the state. The Legislature finds that the new

  7  constitutional requirements to provide a high quality

  8  education mandate that no student be compelled, against the

  9  wishes of the student's parent or guardian, to remain in a

10  school found by the state to be failing for 2 years in any

11  4-year period. It is therefore the intent of the Legislature

12  that parents and guardians be given the opportunity for their

13  children to attend a public school that is performing

14  satisfactorily; or, if the parent or guardian so chooses, it

15  is the intent of the Legislature to make state funds available

16  in order to apply the equivalent of the public education funds

17  generated by their child, in accordance with paragraph (6)(a),

18  to the cost of tuition in an eligible private school.

19  Eligibility of a private school shall include the control and

20  accountability requirements which, coupled with the exercise

21  of parental choice, are reasonably necessary to secure the

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

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

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

25  from the state an opportunity scholarship for the child to

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

27  provisions of this section if:

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

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

30  attendance at a public school that has been designated

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

                                  17

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  failing to make adequate progress, and that has had 2 school

  2  years of such low performance in any 4-year period, and the

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

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

  5  student who has been in attendance elsewhere in the public

  6  school system or who is entering kindergarten or first grade

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

  8  school for the next school year;

  9         (b)  The student is a Florida resident; and

10         (c)  The parent or guardian has obtained acceptance for

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

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

13  Department of Education and the school district of the request

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

15  first year in which the student intends to use the

16  scholarship.

17

18  For purposes of continuity of educational choice, the

19  opportunity to continue attending a private school shall

20  remain in force until the student graduates from high school

21  or reenters the public school system. However, at any time

22  upon reasonable notice to the Department of Education and the

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

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

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

26         (3)  SCHOOL DISTRICT OBLIGATIONS.--

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

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

29  performance grade category "F" for 2 school years in any

30  4-year period:

31

                                  18

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






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

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

  3  pursuant to this section; and

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

  5  opportunity to enroll the student in the public school within

  6  the district closest to the student's residence that has been

  7  designated by the state pursuant to s. 229.57 as a school

  8  performing higher than that in which the student is currently

  9  enrolled or to which the student has been assigned, but not

10  less than performance grade category "C." The parent or

11  guardian is not required to accept this offer in lieu of

12  requesting a state opportunity scholarship to a private

13  school. The opportunity to continue attending a higher

14  performing public school shall remain in force until the

15  student graduates from high school.

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

17  assigned to a school that has been designated performance

18  grade category "F" for 2 school years in any 4-year period may

19  choose as an alternative to enroll the student in and

20  transport the student to a higher performing public school

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

22  that school district shall accept the student and report the

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

24  Florida Education Finance Program.

25         (c)  For students in the district who are participating

26  in the state opportunity scholarship program, the district

27  shall provide locations and times to take all statewide

28  assessments required pursuant to s. 229.57.

29         (d)  Students with special needs who are eligible to

30  receive services from the state or school district under

31  federal or state law, and who participate in this program,

                                  19

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  remain eligible to receive services from the state or school

  2  district as provided by federal or state law.

  3         (e)  If for any reason a qualified private school is

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

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

  6  performing public school, rather than choosing to request the

  7  state opportunity scholarship, transportation costs to the

  8  higher performing public school shall be the responsibility of

  9  the school district. The district may utilize state

10  categorical transportation funds or state-appropriated public

11  school choice incentive funds for this purpose.

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

13  participate in the opportunity scholarship program, a private

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

15  nonsectarian, and must:

16         (a)  Except for the first year of implementation,

17  notify the Department of Education and the school district in

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

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

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

21  participate. The notice shall specify the grade levels and

22  services that the private school has available for the

23  opportunity scholarship program.

24         (b)  Comply with the antidiscrimination provisions of

25  42 U.S.C. section 2000d.

26         (c)  Meet state and local health and safety laws and

27  codes.

28         (d)  Determine, on an entirely random and

29  religious-neutral basis, which opportunity scholarship

30  students to accept; however, the private school may give

31  preference in accepting applications to siblings of students

                                  20

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  who have already been accepted on a random and

  2  religious-neutral basis.

  3         (e)  Be subject to instruction, curriculum, and

  4  attendance criteria adopted by an appropriate non-public

  5  school accrediting body and be academically accountable to the

  6  parent or guardian as meeting the educational needs of the

  7  student.  Upon the parent's or guardian's request, the school

  8  shall furnish the parent or guardian with a school profile

  9  that includes student performance information.

10         (f)  Comply with all state statutes relating to private

11  schools.

12         (g)  Accept as full tuition and fees the amount

13  provided by the state for each student.

14         (h)  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         (5)  OBLIGATION OF PROGRAM PARTICIPATION.--

18         (a)  Any student participating in the opportunity

19  scholarship program must remain in attendance throughout the

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

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

22  conduct.

23         (b)  The parent or guardian of each student

24  participating in the opportunity scholarship program must

25  comply fully with the private school's parental involvement

26  requirements, unless excused by the school for illness or

27  other good cause.

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

29  student participating in the opportunity scholarship program

30  takes all statewide assessments required pursuant to s.

31  229.57. Students participating in the opportunity scholarship

                                  21

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  program may take such tests at a location and at a time

  2  provided by the school district.

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

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

  5  an eligible student shall be a calculated amount equivalent to

  6  the base student allocation multiplied by the weighted cost

  7  factor for the educational program provided for the student in

  8  the district multiplied by the district cost differential. In

  9  addition, the calculated amount shall include the per student

10  share of instructional materials funding, technology funding,

11  and other categorical funds as provided for this purpose in

12  the General Appropriations Act.  The amount of the opportunity

13  scholarship shall be the calculated amount or the amount of

14  the private school's tuition and fees, whichever is less.

15  Fees eligible shall include textbook fees, lab fees, and other

16  fees related to instruction, including transportation.  The

17  district shall report all students who are attending a private

18  school under this program.  The students attending private

19  schools on opportunity scholarships shall be reported

20  separately from those students reported for purposes of the

21  Florida Education Finance Program.

22         2.  Following annual notification on July 1 of the

23  number of participants, the Department of Education shall

24  transfer from each school district's appropriated funds the

25  calculated amount from the Florida Education Finance Program

26  and authorized categorical accounts to a separate account for

27  the Opportunity Scholarship Program for quarterly disbursement

28  to the parents or guardians of participating students.

29         (b)  Upon proper documentation, the Comptroller shall

30  make opportunity scholarship payments in four equal amounts no

31  later than August 1, November 1, February 1, and April 1 of

                                  22

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  each academic year in which the opportunity scholarship is in

  2  force. The initial payment shall be made after verification of

  3  admission acceptance. Subsequent payments shall be made upon

  4  verification of continued enrollment and attendance at the

  5  private school. Payment must be by individual warrant made

  6  payable to the student's parent or guardian. The warrant shall

  7  be sent directly to the eligible private school chosen by the

  8  parent or guardian and the parent or guardian shall

  9  restrictively endorse the warrant to the private school.

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

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

12  scholarship.

13         (8)  RULES.--The State Board of Education may adopt

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

15  provisions of this section. Rules shall include penalties for

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

17  inclusion of eligible private schools within options available

18  to Florida public school students does not expand the

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

20  district to impose any additional regulation of private

21  schools beyond those reasonably necessary to enforce

22  requirements expressly set forth in this section.

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

24  Statutes, is amended, subsections (15) and (16) are renumbered

25  as subsections (18) and (19), respectively, and new

26  subsections (15), (16), and (17) are added to said section to

27  read:

28         229.512  Commissioner of Education; general powers and

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

30  educational officer of the state, and has the following

31  general powers and duties:

                                  23

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






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

  2  education accountability designed to provide all students the

  3  opportunity to make adequate learning gains in each year of

  4  school as provided by statute and State Board of Education

  5  rule which is based upon the achievement of the state

  6  education goals, recognizing the State Board of Education as

  7  the body corporate responsible for the supervision of the

  8  system of public education, the school board as responsible

  9  for school and student performance, and the individual school

10  as the unit for education accountability.;

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

12  distribution of materials relating to the state system of

13  public education which will supply information concerning

14  needs, problems, plans, and possibilities.;

15         (16)(a)  To prepare and publish annually reports giving

16  statistics and other useful information pertaining to the

17  state system of public education.; and

18         (b)  To prepare and publish annually reports giving

19  statistics and other useful information pertaining to the

20  opportunity scholarship program.

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

22  instruments, instructions, and regulations of the State Board

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

24  same.

25         Section 4.  Section 229.555, Florida Statutes, is

26  amended to read:

27         229.555  Educational planning and information

28  systems.--

29         (1)  EDUCATIONAL PLANNING.--

30         (a)  The commissioner shall be responsible for all

31  planning functions for the department, including collection,

                                  24

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






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

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

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

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

  5  Such planning shall include assembling data, conducting

  6  appropriate studies and surveys, and sponsoring research and

  7  development activities designed to provide information about

  8  educational needs and the effect of alternative educational

  9  practices.

10         (b)  Each district school board shall maintain a

11  continuing system of planning and budgeting which shall be

12  designed to aid in identifying and meeting the educational

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

14  coordination between district school boards and community

15  college district boards of trustees concerning the planning

16  for vocational and adult educational programs.  The major

17  emphasis of the system shall be upon locally determined goals

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

19  State minimum performance Standards developed by the

20  Department of Education and adopted by the State Board of

21  Education.  The district planning and budgeting system must

22  include consideration of student achievement data obtained

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

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

25  The system of planning and budgeting shall ensure that the

26  budget adopted by the district school board with reflect the

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

28  shall utilize its system of planning and budgeting to

29  emphasize a system of school-based management in which

30  individual school centers become the principal planning units

31

                                  25

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  and eventually to integrate planning and budgeting at the

  2  school level.

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

  4  commissioner shall develop and implement an integrated

  5  information system for educational management. The system must

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

  7  and school performance data required to ascertain the degree

  8  to which schools and school districts are meeting state

  9  performance standards, and must be capable of producing data

10  for a comprehensive annual report on school and district

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

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

13  of the department and at the individual school and district

14  levels.  Similar data elements among divisions and levels

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

16  conceptual design; the information needed for such decisions,

17  including fiscal, student, program, personnel, facility,

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

19  relationship between cost and effectiveness.  The system shall

20  be managed and administered by the commissioner and shall

21  include a district subsystem component to be administered at

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

23  control management committees.  Each district school system

24  with a unique management information system shall assure that

25  compatibility exists between its unique system and the

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

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

28  made available via electronic transfer and in the appropriate

29  input format.

30         (a)  The specific responsibilities of the commissioner

31  shall include:

                                  26

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         1.  Consulting with school district representatives in

  2  the development of the system design model and implementation

  3  plans for the management information system for public school

  4  education management;

  5         2.  Providing operational definitions for the proposed

  6  system;

  7         3.  Determining the information and specific data

  8  elements required for the management decisions made at each

  9  educational level, recognizing that the primary unit for

10  information input is shall be the individual school and

11  recognizing that time and effort of instructional personnel

12  expended in collection and compilation of data should be

13  minimized;

14         4.  Developing standardized terminology and procedures

15  to be followed at all levels of the system;

16         5.  Developing a standard transmittal format to be used

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

18         6.  Developing appropriate computer programs to assure

19  integration of the various information components dealing with

20  students, personnel, facilities, fiscal, program, community,

21  and evaluation data;

22         7.  Developing the necessary programs to provide

23  statistical analysis of the integrated data provided in

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

25  disseminated, comparisons may be made, and relationships may

26  be determined in order to provide the necessary information

27  for making management decisions at all levels;

28         8.  Developing output report formats which will provide

29  district school systems with information for making management

30  decisions at the various educational levels;

31

                                  27

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         9.  Developing a phased plan for distributing computer

  2  services equitably among all public schools and school

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

  4  shall describe alternatives available to the state in

  5  providing such computing services and shall contain estimates

  6  of the cost of each alternative, together with a

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

  8  feasibility of shared use of computing hardware and software

  9  by school districts, community colleges, and universities

10  shall be examined.  Laws or administrative rules regulating

11  procurement of data processing equipment, communication

12  services, or data processing services by state agencies shall

13  not be construed to apply to local agencies which share

14  computing facilities with state agencies;

15         10.  Assisting the district school systems in

16  establishing their subsystem components and assuring

17  compatibility with current district systems;

18         11.  Establishing procedures for continuous evaluation

19  of system efficiency and effectiveness;

20         12.  Initiating a reports-management and

21  forms-management system to ascertain that duplication in

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

23  for reporting under state and federal requirements and other

24  forms and reports are prepared in a logical and uncomplicated

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

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

27         13.  Initiating such other actions as are necessary to

28  carry out the intent of the Legislature that a management

29  information system for public school management needs be

30  implemented.  Such other actions shall be based on criteria

31  including, but not limited to:

                                  28

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         a.  The purpose of the reporting requirement;

  2         b.  The origination of the reporting requirement;

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

  4  and

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

  6         (b)  The specific responsibilities of each district

  7  school system shall include:

  8         1.  Establishing, at the district level, a

  9  reports-control and forms-control management system committee

10  composed of school administrators and classroom teachers.  The

11  district school board shall appoint school administrator

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

13  where appropriate, the classroom teacher members shall be

14  appointed by the bargaining agent. Teachers shall constitute a

15  majority of the committee membership. The committee shall

16  periodically recommend procedures to the district school board

17  for eliminating, reducing, revising, and consolidating

18  paperwork and data collection requirements and shall submit to

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

20         2.  With assistance from the commissioner, developing

21  systems compatibility between the state management information

22  system and unique local systems.

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

24  inservice training dealing with management information system

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

26  the use of output report information.

27         4.  Establishing a plan for continuous review and

28  evaluation of local management information system needs and

29  procedures.

30         5.  Advising the commissioner of all district

31  management information needs.

                                  29

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         6.  Transmitting required data input elements to the

  2  appropriate processing locations in accordance with guidelines

  3  established by the commissioner.

  4         7.  Determining required reports, comparisons, and

  5  relationships to be provided to district school systems by the

  6  system output reports, continuously reviewing these reports

  7  for usefulness and meaningfulness, and submitting recommended

  8  additions, deletions, and change requirements in accordance

  9  with the guidelines established by the commissioner.

10         8.  Being responsible for the accuracy of all data

11  elements transmitted to the department.

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

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

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

15  implementation of a comprehensive management information

16  system.

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

18  Statutes, is amended to read:

19         229.565  Educational evaluation procedures.--

20         (1)  STUDENT PERFORMANCE STANDARDS.--

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

22  performance standards in key academic subject areas and the

23  various program categories and chronological grade levels

24  which the Commissioner of Education designates as necessary

25  for maintaining a good educational system. The standards must

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

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

28  education, foreign language, reading, writing, history,

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

30  commissioner shall obtain opinions and advice from citizens,

31  educators, and members of the business community in developing

                                  30

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






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

  2  performance standard" means a statement describing a skill or

  3  competency students are expected to learn.

  4         (b)  The student performance standards must address the

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

  6  graduate from high school. The commissioner shall also develop

  7  performance standards for students who learn a higher level of

  8  skills and competencies.

  9         Section 6.  Section 229.57, Florida Statutes, 1998

10  Supplement, is amended to read:

11         229.57  Student assessment program.--

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

13  statewide assessment program are is to provide information

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

15  maximizing the learning gains of all students and to inform

16  parents of the educational progress of their public school

17  children.  The program must be designed to:

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

19  toward achieving the Sunshine State Standards appropriate for

20  the student's grade level.

21         (b)  Provide data for making decisions regarding school

22  accountability and recognition.

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

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

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

26  standard high school diploma.

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

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

29  state levels.

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

31  and development of educational programs and policies.

                                  31

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         (f)  Provide information on the performance of Florida

  2  students compared with others across the United States.

  3         (2)  NATIONAL EDUCATION COMPARISONS.--It is Florida's

  4  intent to participate in the measurement of national

  5  educational goals set by the President and governors of the

  6  United States.  The Commissioner of Education shall direct

  7  Florida is directed to provide for school districts to

  8  participate in the administration of the National Assessment

  9  of Educational Progress, or a similar national assessment

10  program, both for the national sample and for any

11  state-by-state comparison programs which may be initiated.

12  Such assessments must be conducted using the data collection

13  procedures, the student surveys, the educator surveys, and

14  other instruments included in the National Assessment of

15  Educational Progress or a similar program.  The results of

16  these assessments shall be included in the annual report of

17  the Commissioner of Education specified in this section.  The

18  administration of the National Assessment of Educational

19  Progress or a similar program shall be in addition to and

20  separate from the administration of the statewide assessment

21  program otherwise described in this section.

22         (3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner

23  shall is directed to design and implement a statewide program

24  of educational assessment that provides information for the

25  improvement of the operation and management of the public

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

27  as not to conflict with ongoing district assessment programs

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

29  Pursuant to the statewide assessment program, the commissioner

30  shall:

31

                                  32

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






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

  2  student skills and competencies to which the goals for

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

  4  not limited to, reading, writing, and mathematics.  The skills

  5  and competencies must include problem-solving and higher-order

  6  skills as appropriate and shall be known as the Sunshine State

  7  Standards.  The commissioner shall select such skills and

  8  competencies after receiving recommendations from educators,

  9  citizens, and members of the business community.  The

10  commissioner shall submit to the state board revisions to the

11  list of student skills and competencies in order to maintain

12  continuous progress toward improvements in student

13  proficiency.

14         (b)  Develop and implement a uniform system of

15  indicators to describe the performance of public school

16  students and the characteristics of the public school

17  districts and the public schools.  These indicators must

18  include, without limitation, information gathered by the

19  comprehensive management information system created pursuant

20  to s. 229.555 and student achievement information obtained

21  pursuant to this section.

22         (c)  Develop and implement a student achievement

23  testing program as part of the statewide assessment program,

24  to be administered annually in grades 3 through 10 at

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

26  levels to measure reading, writing, and mathematics.  The

27  testing program must be designed so that:

28         1.  The tests measure student skills and competencies

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

30  tests must measure and report student proficiency levels in

31  reading, writing, and mathematics.  Other content areas may be

                                  33

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  included as directed by the commissioner.  The commissioner

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

  3  appropriate, through contracts and project agreements with

  4  private vendors, public vendors, public agencies,

  5  postsecondary institutions, or school districts.  The

  6  commissioner shall obtain input with respect to the design and

  7  implementation of the testing program from state educators and

  8  the public.

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

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

11  the commissioner, items that require the student to produce

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

13  competencies he or she uses can be measured.

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

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

16  which students are required to produce writings which are then

17  scored by appropriate methods.

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

19  below which score a student's performance is deemed

20  inadequate.  The school districts shall provide appropriate

21  remedial instruction to students who score below these levels.

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

23  grade students take a high school competency test developed by

24  the state board to test minimum student performance skills and

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

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

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

28  the commissioner, the state board shall designate a passing

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

30  establishing passing scores, the state board shall consider

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

                                  34

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  The commissioner may establish criteria whereby a student who

  2  successfully demonstrates proficiency in either reading or

  3  mathematics or both may be exempted from taking the

  4  corresponding section of the high school competency test or

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

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

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

  8  diploma. The school districts shall provide appropriate

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

10  competency test.

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

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

13  assessment test described in this paragraph instead of the

14  high school competency test described in subparagraph 5. Such

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

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

17  recommendation of the commissioner, the state board shall

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

19  assessment test. In establishing passing scores, the state

20  board shall consider any possible negative impact of the test

21  on minority students.

22         7.6.  Participation in the testing program is mandatory

23  for all students, except as otherwise prescribed by the

24  commissioner.  The commissioner shall recommend rules to the

25  state board for the provision of test adaptations and

26  modifications of procedures as necessary for students in

27  exceptional education programs and for students who have

28  limited English proficiency.

29         8.7.  A student seeking an adult high school diploma

30  must meet the same testing requirements that a regular high

31  school student must meet.

                                  35

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         9.  School districts must provide instruction to

  2  prepare students to demonstrate proficiency on the skills and

  3  competencies necessary for successful grade-to-grade

  4  progression and high school graduation. The commissioner shall

  5  conduct studies as necessary to verify that the required

  6  skills and competencies are part of the district instructional

  7  programs.

  8

  9  The commissioner may design and implement student testing

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

11  procedures designated by the commissioner to monitor

12  educational achievement in the state.

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

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

15  10 to assist them in preparing for further education or

16  entering the workforce.  The statewide student assessment

17  program must include career planning assessment.

18         (e)  Conduct ongoing research to develop improved

19  methods of assessing student performance, including, without

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

21  of electronic transfer of data, the development of

22  work-product assessments, and the development of process

23  assessments.

24         (f)  Conduct ongoing research and analysis of student

25  achievement data, including, without limitation, monitoring

26  trends in student achievement, identifying school programs

27  that are successful, and analyzing correlates of school

28  achievement.

29         (g)  Provide technical assistance to school districts

30  in the implementation of state and district testing programs

31  and the use of the data produced pursuant to such programs.

                                  36

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         (4)  DISTRICT TESTING PROGRAMS.--Each district shall

  2  periodically assess student performance and achievement within

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

  4  based upon local goals and objectives that are compatible with

  5  the state plan for education and that supplement the skills

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

  7  school districts must participate in the state assessment

  8  program designed to measure annual student learning and school

  9  performance. All school districts shall report assessment

10  results as required by the management information system. In

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

12  normed achievement test selected from a list approved by the

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

14  provided to the Department of Education according to

15  procedures specified by the commissioner.  The commissioner

16  may request achievement data for other grade levels as

17  necessary.

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

19  unless specifically exempted by state board rule based on

20  serving a specialized population for which standardized

21  testing is not appropriate, shall participate in the state

22  assessment program. Student performance data shall be analyzed

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

24  performance data shall be used in developing objectives of the

25  school improvement plan, evaluation of instructional

26  personnel, evaluation of administrative personnel, assignment

27  of staff, allocation of resources, acquisition of

28  instructional materials and technology, and promotion and

29  assignment of students into educational programs administering

30  an achievement test, whether at the elementary, middle, or

31  high school level, and each public school administering the

                                  37

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  high school competency test, shall prepare an analysis of the

  2  resultant data after each administration.  The analysis of

  3  student performance data also must identify strengths and

  4  needs in the educational program and trends over time.  The

  5  analysis must be used in conjunction with the budgetary

  6  planning processes developed pursuant to s. 229.555 and the

  7  development of the programs of remediation described in s.

  8  233.051.

  9         (6)  ANNUAL REPORTS.--The commissioner shall prepare

10  annual reports of the results of the statewide assessment

11  program which describe student achievement in the state, each

12  district, and each school.  The commissioner shall prescribe

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

14  without limitation, descriptions of the performance of all

15  schools participating in the assessment program and all of

16  their major student populations as determined by the

17  Commissioner of Education, and must also include the median

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

19  25th percentile of the state in the previous school year

20  students at both low levels and exemplary levels, as well as

21  the performance of students scoring in the middle 50 percent

22  of the test population. Until such time as annual assessments

23  prescribed in this section are fully implemented, annual

24  reports shall include student performance data based on

25  existing assessments.

26         (7)  SCHOOL PERFORMANCE GRADE CATEGORIES.--Beginning

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

28  performance data, the annual report shall identify schools as

29  being in one of the following grade categories defined

30  according to rules of the state board:

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

                                  38

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






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

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

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

  4  progress.

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

  6

  7  Beginning in the 1999-2000 school year, each school designated

  8  in performance grade category "A," making excellent progress,

  9  or as having improved at least two performance grade

10  categories, shall have greater authority over the allocation

11  of the school's total budget generated from the FEFP, state

12  categoricals, lottery funds, grants, and local funds, as

13  specified in state board rule.

14         (8)  DESIGNATION OF SCHOOL PERFORMANCE GRADE

15  CATEGORIES.--School performance grade category designations

16  itemized in subsection (7) shall be based on the following:

17         (a)  Timeframes.--

18         1.  School performance grade category designations

19  shall be based on one school year of performance.

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

21  performance grade category designation shall be determined by

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

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

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

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

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

27  school's performance grade category designation shall be based

28  on a combination of student achievement scores as measured by

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

30  students, and on other appropriate performance data,

31

                                  39

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






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

  2  school discipline data, and student readiness for college.

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

  4  thereafter, a school's performance grade category designation

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

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

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

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

  9  readiness for college.

10

11  For the purpose of implementing ss. 229.0535 and 229.0537,

12  each school identified as critically low performing based on

13  both 1996-1997 and 1997-1998 school performance data and state

14  board-adopted criteria, and that receives a performance grade

15  category designation of "F" based on 1998-1999 school

16  performance data pursuant to this section, shall be considered

17  as having failed to make adequate progress for 2 years. All

18  other schools that receive a performance grade category

19  designation of "F" based on 1998-1999 school performance data

20  shall be considered as having failed to make adequate progress

21  for 1 year.

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

23  used in determining school performance grade categories shall

24  include:

25         1.  The median scores of all students enrolled in the

26  school who have been assessed on the FCAT.

27         2.  The median scores of all students enrolled in the

28  school who have been assessed on the FCAT and who have scored

29  at or in the lowest 25th percentile of students in the state

30  who have been assessed on the FCAT in the previous school

31  year.

                                  40

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1

  2  The state board shall adopt appropriate criteria for each

  3  school performance grade category so as to ensure that school

  4  performance grade category designations reflect each school's

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

  6  The criteria must also give added weight to student

  7  achievement in reading. Schools designated as performance

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

  9  required to demonstrate that adequate progress has been made

10  by students who have scored at or in the lowest 25 percent of

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

12  students in the school.

13         (9)  SCHOOL IMPROVEMENT RATINGS.--Beginning with the

14  1999-2000 school year's student and school performance data,

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

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

17  improvement rating shall be based on a comparison of the

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

19  performance data. Schools that improve at least one

20  performance grade category are eligible for school recognition

21  awards pursuant to s. 231.2905.

22         (10)  SCHOOL PERFORMANCE GRADE CATEGORY AND IMPROVEMENT

23  RATING REPORTS.--School performance grade category

24  designations and improvement ratings shall apply to each

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

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

27  published annually by the Department of Education and the

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

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

30  the school in which their child is enrolled.

31

                                  41

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         (11)  STATEWIDE ASSESSMENTS.--The Department of

  2  Education is authorized, subject to appropriation, to

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

  4  testing, and implementation of annual assessments of students

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

  6  following criteria:

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

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

  9  Standards for that grade level and above.

10         (b)  Assessments shall be capable of measuring the

11  annual progress each student makes in mastering the Sunshine

12  State Standards.

13         (c)  Assessments shall include measures in reading and

14  mathematics in each grade level and must include writing in

15  grades 4, 8, and 10.

16         (d)  Assessments shall include a norm-referenced

17  subtest that allows for comparisons of Florida students with

18  the performance of students nationally.

19         (e)  The annual testing program shall be administered

20  to provide for valid statewide comparisons of learning gains

21  to be made for purposes of accountability and recognition.

22  Annual assessments that do not contain performance items shall

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

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

25  academic year.  Subtests that contain performance items may be

26  given earlier than March, provided that the remaining subtests

27  are sufficient to provide valid data on comparisons of student

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

29  be aligned such that a comparable amount of instructional time

30  is measured in all school districts.  District school boards

31

                                  42

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  shall not establish school calendars that jeopardize or limit

  2  the valid testing and comparison of student learning gains.

  3         (f)  Assessments shall be implemented statewide no

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

  5         (12)  LOCAL ASSESSMENTS.--Measurement of the learning

  6  gains of students in all subjects and grade levels other than

  7  subjects and grade levels required for the state assessment

  8  program is the responsibility of the school districts.

  9         (13)(7)  APPLICABILITY OF TESTING STANDARDS.--A student

10  must meet the testing requirements for high school graduation

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

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

13         (14)(8)  RULES.--The State Board of Education shall

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

15  to implement the provisions of this section.

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

17  factor in the performance of schools in calculating any

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

19  annual General Appropriations Act.

20         Section 7.  Section 229.58, Florida Statutes, 1998

21  Supplement, is amended to read:

22         229.58  District and school advisory councils.--

23         (1)  ESTABLISHMENT.--

24         (a)  The school board shall establish an advisory

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

26  procedures for the election and appointment of advisory

27  council members. Each school advisory council shall include in

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

29  advisory council shall be the sole body responsible for final

30  decisionmaking at the school relating to implementation of the

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

                                  43

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






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

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

  3  shall be composed of the principal and an appropriately

  4  balanced number of teachers, education support employees,

  5  students, parents, and other business and community citizens

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

  7  community served by the school.  Vocational-technical center

  8  and high school advisory councils shall include students, and

  9  middle and junior high school advisory councils may include

10  students.  School advisory councils of vocational-technical

11  and adult education centers are not required to include

12  parents as members.  Council members representing teachers,

13  education support employees, students, and parents shall be

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

15  fair and equitable manner as follows:

16         1.  Teachers shall be elected by teachers.

17         2.  Education support employees shall be elected by

18  education support employees.

19         3.  Students shall be elected by students.

20         4.  Parents shall be elected by parents.

21

22  The school board shall establish procedures for use by schools

23  in selecting business and community members. Such procedures

24  shall include means of ensuring wide notice of vacancies and

25  for taking input on possible members from local business,

26  chambers of commerce, community and civic organizations and

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

28  the membership composition of each advisory council.  Should

29  the school board determine that the membership elected by the

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

31  economic community served by the school, the board shall

                                  44

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  appoint additional members to achieve proper representation.

  2  The Commissioner of Florida Commission on Education Reform and

  3  Accountability shall serve as a review body to determine if

  4  schools have maximized their efforts to include on their

  5  advisory councils minority persons and persons of lower

  6  socioeconomic status. Although schools should be strongly

  7  encouraged to establish school advisory councils, any school

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

  9  establish a district advisory council which shall include at

10  least one duly elected teacher from each school in the

11  district.  For the purposes of school advisory councils and

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

13  classroom teachers, certified student services personnel, and

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

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

16  not defined as instructional or administrative personnel

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

18  hours in each normal working week.

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

20  council representative of the district and composed of

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

22  advisory council which may be comprised of representatives of

23  each school advisory council.  Recognized schoolwide support

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

25  function as school advisory councils.

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

27  functions as are prescribed by regulations of the  school

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

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

30  Each school advisory council shall assist in the preparation

31  and evaluation of the school improvement plan required

                                  45

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






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

  2  with technical assistance from the Department of Education,

  3  each school advisory council shall assist in the preparation

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

  5  229.555(1). A portion of funds provided in the annual General

  6  Appropriations Act for use by school advisory councils must be

  7  used for implementing the school improvement plan.

  8         Section 8.  Section 229.591, Florida Statutes, 1998

  9  Supplement, is amended to read:

10         229.591  Comprehensive revision of Florida's system of

11  school improvement and education accountability.--

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

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

14  precious resource.  To provide these developing citizens with

15  the sound education needed to grow to a satisfying and

16  productive adulthood, the Legislature intends that, by the

17  year 2000, Florida establish a system of school improvement

18  and education accountability based on the performance of

19  students and educational programs. The intent of the

20  Legislature is to provide clear guidelines for achieving this

21  purpose and for returning the responsibility for education to

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

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

24  its ultimate responsibility and that of the Governor, the

25  Commissioner of Education, and the State Board of Education

26  and other state policymaking bodies in providing the strong

27  leadership needed to forge a new concept of school improvement

28  and in making adequate provision by law provisions for a

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

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

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

                                  46

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  build upon the foundation established by the Educational

  2  Accountability Act of 1976 and to implement a program of

  3  education accountability and school improvement based upon the

  4  achievement of state goals, recognizing the State Board of

  5  Education as the body corporate responsible for the

  6  supervision of the system of public education, the district

  7  school board as responsible for school and student

  8  performance, and the individual school as the unit for

  9  education accountability.

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

11  improvement and education accountability shall:

12         (a)  Establish state and local educational goals.

13         (b)  Increase the use of educational outcomes over

14  educational processes in assessing educational programs.

15         (c)  Redirect state fiscal and human resources to

16  assist school districts and schools to meet state and local

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

18         (d)  Provide methods for measuring, and public

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

20  progress toward the education goals.

21         (e)  Recognize successful schools.

22         (f)  Provide for Ensure that unsuccessful schools

23  designated as performance grate categories "D" and "F" to

24  receive are provided assistance and intervention sufficient to

25  attain adequate such that improvement occurs, and provide

26  further ensure that action that should occur when schools do

27  not improve.

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

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

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

31

                                  47

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  progress, as defined in state board rule, for two school

  2  years.

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

  4  toward the following goals:

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

  6  schools collaborate in a statewide comprehensive school

  7  readiness program to prepare children and families for

  8  children's success in school.

  9         (b)  Graduation rate and readiness for postsecondary

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

11  to enter the workforce and postsecondary education.

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

13  learning gains sufficient to acquire the knowledge, skills,

14  and competencies needed to master state standards,

15  successfully compete at the highest levels nationally and

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

17  thoughtful, and healthy lifelong decisions.

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

19  learning environment conducive to teaching and learning, in

20  which education programs are based on student performance

21  data, and which strive to eliminate achievement gaps by

22  improving the learning of all students.

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

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

25  students' health, safety, and civil rights.

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

27  postsecondary institutions, and state work collaboratively to

28  provide ensure professional teachers and staff who possess the

29  competencies and demonstrate the performance needed to

30  maximize learning among all students.

31

                                  48

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






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

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

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

  4  exercise the rights and responsibilities of citizenship.

  5         (h)  Parental involvement.--Communities, school boards,

  6  and schools provide opportunities for involving parents and

  7  guardians as active partners in achieving school improvement

  8  and education accountability. The State Board of Education

  9  shall adopt standards for indicating progress toward this

10  state education goal by January 1, 1997.

11         Section 9.  Section 229.592, Florida Statutes, 1998

12  Supplement, is amended to read:

13         229.592  Implementation of state system of school

14  improvement and education accountability.--

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

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

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

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

19  school year.  Vocational standards considered pursuant to s.

20  239.229 shall be incorporated into the school improvement plan

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

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

23  prepare school report cards incorporating such standards,

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

25  order to accomplish this, the Commissioner of Florida

26  Commission on Education Reform and Accountability and the

27  school districts and schools shall carry out the duties

28  assigned to them by s. ss. 229.594 and 230.23(16),

29  respectively.

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

31  the Florida Commission on Education Reform and Accountability,

                                  49

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  the Legislature may enact such laws as it considers necessary

  2  to establish and maintain a state system of school improvement

  3  and accountability.  If, after considering the recommendations

  4  of the commission, the Legislature determines an adequate

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

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

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

  8  improvement.

  9         (2)(3)  COMMISSIONER.--The commissioner shall be

10  responsible for implementing and maintaining a system of

11  intensive school improvement and stringent education

12  accountability, which shall include policies and programs to.

13         (a)  Based on the recommendations of The Florida

14  Commission on Education Reform and Accountability, the

15  commissioner shall develop and implement the following

16  programs and procedures:

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

18  will improve information about the educational success of

19  individual students and schools. The information and analyses

20  must be capable of identifying educational programs or

21  activities in need of improvement, and reports prepared

22  pursuant to this paragraph subparagraph shall be distributed

23  to the appropriate school boards prior to distribution to the

24  general public.  This provision shall not preclude access to

25  public records as provided in chapter 119.

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

27  analyze information to identify schools, educational programs,

28  or educational activities in need of improvement.

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

30  districts and schools to improve.

31

                                  50

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






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

  2  educational goals and school improvement plans any other state

  3  program that creates incentives for school improvement.

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

  5  the implementation and maintenance of the system of school

  6  improvement and education accountability outlined in this

  7  section subsection.  There shall be an annual determination of

  8  whether adequate progress is being made toward implementing

  9  and maintaining a system of school improvement and education

10  accountability.

11         (4)(c)  The annual feedback report shall be developed

12  by the commission and the Department of Education.

13         (5)(d)  The commissioner and the commission shall

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

15  findings to the State Board of Education.  If adequate

16  progress is not being made toward implementing and maintaining

17  a system of school improvement and education accountability,

18  the State Board of Education shall direct the commissioner to

19  prepare and implement a corrective action plan. The

20  commissioner and State Board of Education shall monitor the

21  development and implementation of the corrective action plan.

22         (6)(e)  As co-chair of the Florida Commission on

23  Education Reform and Accountability,  The commissioner shall

24  appear before the appropriate committees of the Legislature

25  annually in October to report to the Legislature and recommend

26  changes in state policy necessary to foster school improvement

27  and education accountability.  The report shall reflect the

28  recommendations of the Florida Commission on Education Reform

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

30  the schools for which school boards have developed assistance

31  and intervention plans and an analysis of the various

                                  51

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






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

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

  3  according to guidelines adopted by the State Board of

  4  Education.

  5         (7)(4)  DEPARTMENT.--

  6         (a)  The Department of Education shall implement a

  7  training program to develop among state and district educators

  8  a cadre of facilitators of school improvement.  These

  9  facilitators shall assist schools and districts to conduct

10  needs assessments and develop and implement school improvement

11  plans to meet state goals.

12         (b)  Upon request, the department shall provide

13  technical assistance and training to any school, school

14  advisory council, district, or school board for conducting

15  needs assessments, developing and implementing school

16  improvement plans, developing and implementing assistance and

17  intervention plans, or implementing other components of school

18  improvement and accountability. Priority for these services

19  shall be given to schools designated as performance grade

20  categories "D" and "F" and school districts in rural and

21  sparsely populated areas of the state.

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

23  not release funds from the Educational Enhancement Trust Fund

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

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

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

27  comply with school advisory council membership composition

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

29  send a technical assistance team to each school without an

30  approved plan to develop such school improvement plan or to

31  each school without appropriate school advisory council

                                  52

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  membership composition to develop a strategy for corrective

  2  action.  The department shall release the funds upon approval

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

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

  5  department's intervention and shall identify each school

  6  without a plan or without appropriate school advisory council

  7  membership composition.

  8         (8)(5)  STATE BOARD.--The State Board of Education

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

10  necessary to implement a state system of school improvement

11  and education accountability and shall specify required annual

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

13  based on recommendations of the Commission on Education Reform

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

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

16  Education Enhancement Trust Fund allocations to the district

17  and the school and how those allocations were used for

18  educational enhancement and supporting school improvement.

19         (9)(6)  EXCEPTIONS TO LAW.--To facilitate innovative

20  practices and to allow local selection of educational methods,

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

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

23  School Code that relate to instruction and school operations,

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

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

26  authorized to grant waivers for any provisions of law

27  pertaining to the allocation and appropriation of state and

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

29  and organization of school board members and superintendents;

30  graduation and state accountability standards; financial

31  reporting requirements; reporting of out-of-field teaching

                                  53

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  assignments under s. 231.095; public meetings; public records;

  2  or due process hearings governed by chapter 120. Prior to

  3  approval, the commissioner shall report pending waiver

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

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

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

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

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

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

10  the commissioner shall report to the President and Minority

11  Leader of the Senate and the Speaker and Minority Leader of

12  the House of Representatives all approved waiver requests in

13  the preceding year.

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

15  by demonstrating performance of intended outcomes for any

16  course in the Course Code Directory unless a waiver is

17  approved by the commissioner. In developing procedures for

18  awarding credits based on performance outcomes, districts may

19  request waivers from State Board of Education rules relating

20  to curriculum frameworks and credits for courses and programs

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

22  program beyond that allowed by the Course Code Directory

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

24  district, the commissioner shall evaluate and establish

25  procedures for variations in academic credits awarded toward

26  graduation by a high school offering six periods per day

27  compared to those awarded by high schools operating on other

28  schedules.

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

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

31  required to implement districtwide improvements.

                                  54

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






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

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

  3  school board by a school advisory council established pursuant

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

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

  6  board shall report annually to the Commissioner of Florida

  7  Commission on Education Reform and Accountability, in

  8  conjunction with the feedback report required pursuant to this

  9  section subsection (3), the number of waivers requested by

10  school advisory councils, the number of such waiver requests

11  approved and submitted to the commissioner, and the number of

12  such waiver requests not approved and not submitted to the

13  commissioner. For each waiver request not approved, the school

14  board shall report the statute or rule for which the waiver

15  was requested, the rationale for the school advisory council

16  request, and the reason the request was not approved.

17         3.  When approved by the commissioner, a waiver

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

19  period.

20         (b)  Notwithstanding the provisions of chapter 120 and

21  for the purpose of implementing this subsection, the

22  commissioner may waive State Board of Education rules if the

23  school board has submitted a written request to the

24  commissioner for approval pursuant to this subsection.

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

26  must indicate at least how the general statutory purpose will

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

28  improving student outcomes related to the student performance

29  standards adopted by the state board pursuant to subsection

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

31  reported. In considering any waiver, The commissioner shall

                                  55

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  not grant any waiver that would impair the ensure protection

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

  3  students or the and protection of the public interest.

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

  5  commissioner must state with particularity the grounds or

  6  basis for the denial. The commissioner shall report the

  7  specific statutes and rules for which waivers are requested

  8  and the number and disposition of such requests to the

  9  Legislature and the State Board of Education Florida

10  Commission on Education Reform and Accountability for use in

11  determining which statutes and rules stand in the way of

12  school improvement.

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

14  "A," making excellent progress, shall, upon the request of the

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

16  228.0565(5), (7), (8), (9), and (10).

17         2.  Schools that have improved at least two performance

18  grade categories and that meet the criteria of the Florida

19  School Recognition Program pursuant to s. 231.2905 may be

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

21  (8), (9), and (10).

22         Section 10.  Section 229.593, Florida Statutes, 1998

23  Supplement, is repealed.

24         Section 11.  Section 229.594, Florida Statutes, is

25  repealed.

26         Section 12.  Subsection (5) of section 229.595, Florida

27  Statutes, is amended to read:

28         229.595  Implementation of state system of education

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

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

31  school, the school shall Any assessment required for student

                                  56

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  receipt of a high school diploma shall include items designed

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

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

  4  guardian with the results of such assessment. The Commissioner

  5  of Florida Commission on Education Reform and Accountability

  6  shall identify the employability skills associated with

  7  successful entry into the workforce from which such items

  8  shall be derived.

  9         Section 13.  Paragraphs (c) and (g) of subsection (5),

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

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

12  amended, subsection (18) is amended and renumbered as

13  subsection (19), and a new subsection (18) is added to said

14  section, to read:

15         230.23  Powers and duties of school board.--The school

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

17  perform all duties listed below:

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

19  prescribe qualifications for those positions, and provide for

20  the appointment, compensation, promotion, suspension, and

21  dismissal of employees as follows, subject to the requirements

22  of chapter 231:

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

24  schedule or salary schedules designed to furnish incentives

25  for improvement in training and for continued efficient

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

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

28  to furnish incentive for improvement in training and for

29  continued and efficient service and fix and authorize the

30  compensation of school employees on the basis thereof of such

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

                                  57

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  schedule for instructional personnel, must base a portion of

  2  each employee's compensation on performance demonstrated under

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

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

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

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

  7  teachers, and representatives of the business community.

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

  9  district employees, students, school volunteers, and or

10  advisory committee members who have contributed outstanding

11  and meritorious service in their fields or service areas.

12  After considering recommendations of the superintendent, the

13  board shall adopt rules establishing and regulating the

14  meritorious service awards necessary for the efficient

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

16  this paragraph may not be considered in determining the salary

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

18  limited to persons who propose procedures or ideas which are

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

20  reducing school board expenditures or improving district or

21  school center operations.  Nonmonetary awards shall include,

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

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

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

25  granted under the provisions of this paragraph shall exceed

26  $2,000 or 10 percent of the first year's gross savings,

27  whichever is greater.

28         (7)  COURSES OF STUDY AND OTHER INSTRUCTIONAL

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

30  follows and in accordance with the requirements of chapter

31  233.

                                  58

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






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

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

  3  instructional materials textbooks and other books furnished by

  4  the state and furnish such other instructional materials

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

  6  is responsible for assuring that instructional materials used

  7  in the district are consistent with the district goals and

  8  objectives and the curriculum frameworks approved by the State

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

10  performance standards provided for in ss. 229.565 and

11  232.2454.

12         (16)  IMPLEMENT SCHOOL IMPROVEMENT AND

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

14  education accountability as provided by statute and State

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

16  education accountability shall be consistent with, and

17  implemented through, the district's continuing system of

18  planning and budgeting required by this section and ss.

19  229.555 and 237.041. This system of school improvement and

20  education accountability shall include, but is not be limited

21  to, the following:

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

23  require implementation of a new, amended, or continuation

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

25  plan shall be designed to achieve the state education goals

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

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

28  address issues relative to budget, training, instructional

29  materials, technology, staffing, student support services, and

30  other matters of resource allocation, as determined by school

31

                                  59

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  board policy, and shall be based on an analysis of student

  2  achievement and other school performance data.

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

  4  of a school improvement plan presented by an individual school

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

  6  approve a school improvement plan after exhausting this

  7  process, the Department of Education Florida Commission on

  8  Education Reform and Accountability shall be notified of the

  9  need for assistance.

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

11  3-year plan of increasing individualized assistance and

12  intervention for each school in danger of that does not

13  meeting state standards meet or making make adequate progress,

14  based upon the recommendations of the commission, as defined

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

16  meeting the goals and standards of its approved school

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

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

19  danger of failing and must be provided assistance and

20  intervention.

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

22  Florida Commission on Education Reform and Accountability and

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

24  make adequate progress toward meeting the goals and standards

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

26  years of failing to make adequate progress in any 4-year

27  period district assistance and intervention and proceed

28  according to guidelines developed pursuant to statute and

29  State Board of Education rule. School districts shall provide

30  intervention and assistance to schools in danger of being

31

                                  60

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  designated as performance grade category "F," failing to make

  2  adequate progress.

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

  4  performance of students and educational programs as required

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

  6  system of school reports as required by statute and State

  7  Board of Education rule. Annual public disclosure reports

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

  9  include the school's student and school performance grade

10  category designation and performance data as specified in

11  state board rule.

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

13  schools for developing and implementing school improvement

14  plans. Such funds shall include those funds appropriated for

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

16         (17)  LOCAL-LEVEL DECISIONMAKING.--

17         (a)  Adopt policies that clearly encourage and enhance

18  maximum decisionmaking appropriate to the school site. Such

19  policies must include guidelines for schools in the adoption

20  and purchase of district and school site instructional

21  materials and technology, staff training, school advisory

22  council member training, student support services, budgeting,

23  and the allocation of staff resources.

24         (b)  Adopt waiver process policies to enable all

25  schools to exercise maximum flexibility and notify advisory

26  councils of processes to waive school district and state

27  policies.

28         (c)  Develop policies for periodically monitoring the

29  membership composition of school advisory councils to ensure

30  compliance with requirements established in s. 229.58.

31

                                  61

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         (d)  Adopt policies that assist in giving greater

  2  autonomy to schools designated as performance grade category

  3  "A," making excellent progress, and schools rated as having

  4  improved at least two performance grade categories.

  5         (18)  OPPORTUNITY SCHOLARSHIPS.--Adopt policies

  6  allowing students attending schools that have been designated

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

  8  progress, for 2 school years in any 4-year period to attend a

  9  higher performing school in the district or an adjoining

10  district or be granted a state opportunity scholarship to a

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

12  board rule.

13         (19)(18)  ADOPT RULES.--Adopt rules pursuant to ss.

14  120.536(1) and 120.54 to implement the provisions of this

15  section.

16         Section 14.  Paragraph (a) of subsection (3) of section

17  231.29, Florida Statutes, 1998 Supplement, is amended to read:

18         231.29  Assessment procedures and criteria.--

19         (3)  The assessment procedure for instructional

20  personnel shall comply with, but shall not be limited to, the

21  following requirements:

22         (a)  An assessment shall be conducted for each employee

23  at least once a year. The assessment shall be based upon sound

24  educational principles and contemporary research in effective

25  educational practices. Beginning with the full implementation

26  of an annual assessment of learning gains, the assessment must

27  primarily use data and indicators of improvement in student

28  performance assessed annually as specified in s. 229.57 and

29  may consider results of peer reviews in evaluating the

30  employee's performance. The assessment criteria must include,

31

                                  62

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  but are not limited to, indicators that relate to the

  2  following:

  3         1.  Ability to maintain appropriate discipline.

  4         2.  Knowledge of subject matter. The district school

  5  board shall make special provisions for evaluating teachers

  6  who are assigned to teach out-of-field.

  7         3.  Ability to plan and deliver instruction.

  8         4.  Ability to evaluate instructional needs.

  9         5.  Ability to communicate with parents.

10         6.  Other professional competencies, responsibilities,

11  and requirements as established by rules of the State Board of

12  Education and policies of the district school board.

13         Section 15.  Subsection (2) of section 231.2905,

14  Florida Statutes, is amended, and a new subsection (3) is

15  added to said section, to read:

16         231.2905  Florida School Recognition Program.--

17         (2)  The Florida School Recognition Program is created

18  to provide greater autonomy and financial awards to faculty

19  and staff of schools that sustain high performance or that

20  demonstrate exemplary improvement due to innovation and

21  effort.  The Commissioner of Education shall establish

22  statewide objective criteria for schools to be invited to

23  apply for the Florida School Recognition Program. The

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

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

26  school district must have incorporated a performance incentive

27  program into its employee salary structure. All public

28  schools, including charter schools, are eligible to

29  participate in the program.

30

31

                                  63

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         (a)  Initial criteria for identification of schools

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

  3  include, but is not be limited to:

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

  5  data.

  6         (b)2.  Statewide student achievement data.

  7         (c)  Student learning gains when such data becomes

  8  available.

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

10         (e)4.  Dropout rates.

11         (f)5.  Attendance rates.

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

13  identified, schools must apply for final recognition and

14  financial awards based on established criteria.  Criteria must

15  include, but not be limited to:

16         1.  School climate, including rates of school violence

17  and crime.

18         2.  Indicators of innovation in teaching and learning.

19         3.  Indicators of successful challenging school

20  improvement plans.

21         4.  Parent, community, and student involvement in

22  learning.

23         (c)  After identification of schools for final

24  recognition and financial awards, awards must be distributed

25  based on employee performance criteria established in district

26  school board policy.

27         (3)  The School Recognition Program shall utilize the

28  school performance grade category designations in s. 229.57.

29         Section 16.  Section 232.245, Florida Statutes, is

30  amended to read:

31

                                  64

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         232.245  Pupil progression; remedial instruction;

  2  reporting requirements.--

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

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

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

  6  mathematics; that school district policies facilitate such

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

  8  legal guardian be informed of that student's academic

  9  progress.

10         (2)  Each district school board shall establish a

11  comprehensive program for pupil progression which must

12  include:

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

14  including how well he or she masters the performance standards

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

16         (b)  Specific levels of performance in reading,

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

18  levels of performance on statewide assessments at selected

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

20  school as defined by the Commissioner of Education, below

21  which a student must receive remediation, or and may be

22  retained, or both. No student may be assigned to a grade level

23  based solely on age or other factors that constitute social

24  promotion. School boards shall allocate remedial and

25  supplemental instruction resources first to students who fail

26  to meet achievement performance levels required for promotion.

27  The state board shall adopt rules to prescribe limited

28  circumstances in which a student may be promoted without

29  meeting the specific assessment performance levels prescribed

30  by the district's pupil progression plan.

31

                                  65

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         (3)  Each student must participate in the statewide

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

  3  not meet specific levels of performance as determined by the

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

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

  6  performance, determined by the Commissioner of Education, on

  7  statewide assessments at selected grade levels, must be

  8  provided with additional diagnostic assessments to determine

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

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

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

12  guardian, and must implement an academic improvement plan

13  designed to assist the student in meeting state and district

14  expectations for proficiency. Each plan must include the

15  provision of intensive remedial instruction in the areas of

16  weakness through one or more of the following activities, as

17  considered appropriate by the school administration:

18         (a)  Summer school coursework;

19         (b)  Extended-day services;

20         (c)  Parent tutorial programs;

21         (d)  Contracted academic services;

22         (e)  Exceptional education services; or

23         (f)  Suspension of curriculum other than reading,

24  writing, and mathematics. Remedial instruction provided during

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

26  credits required for graduation.

27

28  Upon subsequent evaluation, if the documented deficiency has

29  not been corrected in accordance with the academic improvement

30  plan, the student shall may be retained. Each student who does

31  not meet the minimum performance expectations defined by the

                                  66

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  Commissioner of Education for the statewide assessment tests

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

  3  assessment test in the subject area of deficiency and must

  4  continue remedial or supplemental instruction until the

  5  expectations are met or the student graduates from high school

  6  or is not subject to compulsory school attendance.

  7         (4)  Any student who exhibits substantial deficiency in

  8  reading skills, based on locally determined assessments

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

10  or based on teacher recommendation, must be given intensive

11  reading instruction immediately following the identification

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

13  must be reassessed by locally determined assessment or based

14  on teacher recommendation at the beginning of the grade

15  following the intensive reading instruction, and the student

16  must continue to be given intensive reading instruction until

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

18  deficiency, as determined by the locally determined

19  assessment at grades 1 and 2 or by the statewide assessment at

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

21  3, or if the student scores below the specific level of

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

23  statewide assessment test in reading and writing given in

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

25  school board may exempt a student from mandatory retention for

26  good cause.

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

28  student who exhibits substantial deficiency in reading skills,

29  based on locally determined assessments conducted at the

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

31  teacher recommendation, must be given intensive reading

                                  67

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  instruction immediately following the identification of the

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

  3  reassessed by locally determined assessment or based on

  4  teacher recommendation at the beginning of the grade following

  5  the intensive reading instruction, and the student must

  6  continue to be given intensive reading instruction until the

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

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

  9  may be retained.

10         (5)(6)  Each district must annually report to the

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

12  student towards achieving state and district expectations for

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

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

15  results on each statewide assessment test. The evaluation of

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

17  classroom work, observations, tests, district and state

18  assessments, and other relevant information. Progress

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

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

21         (6)(7)  The Commissioner of Education shall adopt rules

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

23  administration of this section.

24         (7)(8)  The Department of Education shall provide

25  technical assistance as needed to aid school districts in

26  administering this section.

27         Section 17.  Subsections (3), (8), and (12) of section

28  228.053, Florida Statutes, are amended to read:

29         228.053  Developmental research schools.--

30         (3)  MISSION.--The mission of a developmental research

31  school shall be the provision of a vehicle for the conduct of

                                  68

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  research, demonstration, and evaluation regarding management,

  2  teaching, and learning. Programs to achieve the mission of a

  3  developmental research school shall embody the goals and

  4  standards of "Blueprint 2000" established pursuant to ss.

  5  229.591 and 229.592 and shall ensure an appropriate education

  6  for its students.

  7         (a)  Each developmental research school shall emphasize

  8  mathematics, science, computer science, and foreign languages.

  9  The primary goal of a developmental research school is to

10  enhance instruction and research in such specialized subjects

11  by using the resources available on a state university campus,

12  while also providing an education in nonspecialized subjects.

13  Each developmental research school shall provide sequential

14  elementary and secondary instruction where appropriate. A

15  developmental research school may not provide instruction at

16  grade levels higher than grade 12 without authorization from

17  the State Board of Education. Each developmental research

18  school shall develop and implement a school improvement plan

19  pursuant to s. 230.23(16).

20         (b)  Research, demonstration, and evaluation conducted

21  at a developmental research school may be generated by the

22  college of education with which the school is affiliated.

23         (c)  Research, demonstration, and evaluation conducted

24  at a developmental research school may be generated by the

25  Education Standards Commission. Such research shall respond to

26  the needs of the education community at large, rather than the

27  specific needs of the affiliated college.

28         (d)  Research, demonstration, and evaluation conducted

29  at a developmental research school may consist of pilot

30  projects to be generated by the affiliated college, the

31  Education Standards Commission, or the Legislature.

                                  69

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         (e)  The exceptional education programs offered at a

  2  developmental research school shall be determined by the

  3  research and evaluation goals and the availability of students

  4  for efficiently sized programs. The fact that a developmental

  5  research school offers an exceptional education program in no

  6  way lessens the general responsibility of the local school

  7  district to provide exceptional education programs.

  8         (8)  ADVISORY BOARDS.--"Blueprint 2000" provisions and

  9  intent specify that Each public school in the state shall

10  establish a school advisory council that is reflective of the

11  population served by the school, pursuant to s. 229.58, and is

12  responsible for the development and implementation of the

13  school improvement plan pursuant to s. 230.23(16).

14  Developmental research schools shall comply with the

15  provisions of s. 229.58 in one of two ways:

16         (a)  Two advisory bodies.--Each developmental research

17  school may:

18         1.  Establish an advisory body pursuant to the

19  provisions and requirements of s. 229.58 to be responsible for

20  the development and implementation of the school improvement

21  plan, pursuant to s. 230.23(16).

22         2.  Establish an advisory board to provide general

23  oversight and guidance. The dean of the affiliated college of

24  education shall be a standing member of the board, and the

25  president of the university shall appoint three faculty

26  members from the college of education, one layperson who

27  resides in the county in which the school is located, and two

28  parents or legal guardians of students who attend the

29  developmental research school to serve on the advisory board.

30  The term of each member shall be for 2 years, and any vacancy

31  shall be filled with a person of the same classification as

                                  70

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  his or her predecessor for the balance of the unexpired term.

  2  The president shall stagger the terms of the initial

  3  appointees in a manner that results in the expiration of terms

  4  of no more than two members in any year. The president shall

  5  call the organizational meeting of the board. The board shall

  6  annually elect a chair and a vice chair. There shall be no

  7  limitation on successive appointments to the board or

  8  successive terms that may be served by a chair or vice chair.

  9  The board shall adopt internal organizational procedures or

10  bylaws necessary for efficient operation as provided in

11  chapter 120. Board members shall not receive per diem or

12  travel expenses for the performance of their duties.  The

13  board shall:

14         a.  Meet at least quarterly.

15         b.  Monitor the operations of the school and the

16  distribution of moneys allocated for such operations.

17         c.  Establish necessary policy, program, and

18  administration modifications.

19         d.  Evaluate biennially the performance of the director

20  and principal and recommend corresponding action to the dean

21  of the college of education.

22         e.  Annually review evaluations of the school's

23  operation and research findings.

24         (b)  One advisory body.--Each developmental research

25  school may establish an advisory body responsible for the

26  development and implementation of the school improvement plan,

27  pursuant to s. 230.23(16), in addition to general oversight

28  and guidance responsibilities. The advisory body shall reflect

29  the membership composition requirements established in s.

30  229.58, but may also include membership by the dean of the

31  college of education and additional members appointed by the

                                  71

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  president of the university that represent faculty members

  2  from the college of education, the university, or other bodies

  3  deemed appropriate for the mission of the school.

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

  5  practices and facilitate the mission of the developmental

  6  research schools, in addition to the exceptions to law

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

  8  permitted for developmental research schools:

  9         (a)  The methods and requirements of the following

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

11  230.03; 230.04; 230.05; 230.061; 230.08; 230.10; 230.105;

12  230.11; 230.12; 230.15; 230.16; 230.17; 230.173; 230.18;

13  230.19; 230.201; 230.202; 230.21; 230.22; 230.2215; 230.2318;

14  230.232; 230.24; 230.241; 230.26; 230.28; 230.30; 230.303;

15  230.31; 230.32; 230.321; 230.33; 230.35; 230.39; 230.63;

16  230.64; 230.643; 234.01; 234.021; 234.112; 236.25; 236.261;

17  236.29; 236.31; 236.32; 236.35; 236.36; 236.37; 236.38;

18  236.39; 236.40; 236.41; 236.42; 236.43; 236.44; 236.45;

19  236.46; 236.47; 236.48; 236.49; 236.50; 236.51; 236.52;

20  236.55; 236.56; 237.051; 237.071; 237.091; 237.201; 237.40;

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

22  230.23, s. 230.23 shall be held in abeyance. Reference to

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

24  university or the president's designee.

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

26  waived for any developmental research school so requesting,

27  provided the general statutory purpose of each section is met

28  and the developmental research school has submitted a written

29  request to the Joint Developmental Research School Planning,

30  Articulation, and Evaluation Committee for approval pursuant

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

                                  72

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  233.34; 237.01; 237.02; 237.031; 237.041; 237.061; 237.081;

  2  237.111; 237.121; 237.131; 237.141; 237.151; 237.161; 237.162;

  3  237.171; 237.181; 237.211; and 237.34. Notwithstanding

  4  reference to the responsibilities of the superintendent or

  5  school board in chapter 237, developmental research schools

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

  7  least, adhere to the general state agency accounting

  8  procedures established in s. 11.46.

  9         1.  Two or more developmental research schools may

10  jointly originate a request for waiver and submit the request

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

12  advisory council of each developmental research school

13  desiring the waiver.

14         2.  A developmental research school may submit a

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

16  presented by a school advisory council established pursuant to

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

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

19  request is made using forms established pursuant to s.

20  229.592(6). The Joint Developmental Research School Planning,

21  Articulation, and Evaluation Committee shall monitor the

22  waiver activities of all developmental research schools and

23  shall report annually to the department and the Florida

24  Commission on Education Reform and Accountability, in

25  conjunction with the feedback report required pursuant to s.

26  229.592(3), the number of waivers requested and submitted to

27  the committee by developmental research schools, and the

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

29  request not approved, the committee shall report the statute

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

31

                                  73

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  the developmental research school request, and the reason the

  2  request was not approved.

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

  4  shall indicate at least how the general statutory purpose will

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

  6  improving student outcomes related to the student performance

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

  8  improvement will be evaluated and reported. In considering any

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

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

11  protection of the public interest.

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

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

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

15  not issued. Notwithstanding the request provisions of s.

16  229.592(6), developmental research schools shall request all

17  waivers through the Joint Developmental Research School

18  Planning, Articulation, and Evaluation Committee, as

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

20  disapprove said requests pursuant to this subsection and s.

21  229.592(6); however, the Commissioner of Education shall have

22  standing to challenge any decision of the committee should it

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

24  of the students or public interest. The department shall

25  immediately notify the committee and developmental research

26  school of the decision and provide a rationale therefor.

27         Section 18.  Paragraph (e) of subsection (2) of section

28  228.054, Florida Statutes, is amended to read:

29         228.054  Joint Developmental Research School Planning,

30  Articulation, and Evaluation Committee.--

31

                                  74

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         (2)  The committee shall have the duty and

  2  responsibility to:

  3         (e)  Provide assistance to schools in the waiver

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

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

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

  7  the Legislature additional barriers and statutes that hinder

  8  the implementation of s. 228.053.

  9         Section 19.  Paragraph (f) of subsection (9) of section

10  228.056, Florida Statutes, 1998 Supplement, is amended to

11  read:

12         228.056  Charter schools.--

13         (9)  CHARTER.--The major issues involving the operation

14  of a charter school shall be considered in advance and written

15  into the charter. The charter shall be signed by the governing

16  body of the charter school and the sponsor, following a public

17  hearing to ensure community input.

18         (f)  Upon receipt of the annual report required by

19  paragraph (d), the Department of Education shall provide to

20  the State Board of Education, the Commissioner of Education,

21  the President of the Senate, and the Speaker of the House of

22  Representatives an analysis and comparison of the overall

23  performance of charter school students, to include all

24  students whose scores are counted as part of the state

25  assessment program norm-referenced assessment tests, versus

26  comparable public school students in the district as

27  determined by state assessment program norm-referenced

28  assessment tests currently administered in the school

29  district, and, as appropriate, the Florida Writes Assessment

30  Test, the High School Competency Test, and other assessments

31  administered pursuant to s. 229.57(3).

                                  75

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         Section 20.  Subsection (3) of section 233.17, Florida

  2  Statutes, is amended to read:

  3         233.17  Term of adoption for instructional materials.--

  4         (3)  The department shall publish annually an official

  5  schedule of subject areas to be called for adoption for each

  6  of the succeeding 2 years, and a tentative schedule for years

  7  3, 4, 5, and 6. If extenuating circumstances warrant, the

  8  Commissioner of Education may order the department to add one

  9  or more subject areas to the official schedule, in which event

10  the commissioner shall develop criteria for such additional

11  subject area or areas pursuant to s. 229.512(18)(15) and make

12  them available to publishers as soon as practicable.

13  Notwithstanding the provisions of s. 229.512(18)(15), the

14  criteria for such additional subject area or areas may be

15  provided to publishers less than 24 months before the date on

16  which bids are due. The schedule shall be developed so as to

17  promote balance among the subject areas so that the required

18  expenditure for new instructional materials is approximately

19  the same each year in order to maintain curricular

20  consistency.

21         Section 21.  Subsection (6) of section 236.685, Florida

22  Statutes, is amended to read:

23         236.685  Educational funding accountability.--

24         (6)  The annual school public accountability report

25  required by ss. 229.592(5) and 230.23(16)(18) must include a

26  school financial report. The purpose of the school financial

27  report is to better inform parents and the public concerning

28  how revenues were spent to operate the school during the prior

29  fiscal year. Each school's financial report must follow a

30  uniform, districtwide format that is easy to read and

31  understand.

                                  76

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         (a)  Total revenue must be reported at the school,

  2  district, and state levels. The revenue sources that must be

  3  addressed are state and local funds, other than lottery funds;

  4  lottery funds; federal funds; and private donations.

  5         (b)  Expenditures must be reported as the total

  6  expenditures per unweighted full-time equivalent student at

  7  the school level and the average expenditures per full-time

  8  equivalent student at the district and state levels in each of

  9  the following categories and subcategories:

10         1.  Teachers, excluding substitute teachers, and

11  teacher aides who provide direct classroom instruction to

12  students enrolled in programs classified by s. 236.081 as:

13         a.  Basic programs;

14         b.  Students-at-risk programs;

15         c.  Special programs for exceptional students;

16         d.  Career education programs; and

17         e.  Adult programs.

18         2.  Substitute teachers.

19         3.  Other instructional personnel, including

20  school-based instructional specialists and their assistants.

21         4.  Contracted instructional services, including

22  training for instructional staff and other contracted

23  instructional services.

24         5.  School administration, including school-based

25  administrative personnel and school-based education support

26  personnel.

27         6.  The following materials, supplies, and operating

28  capital outlay:

29         a.  Textbooks;

30         b.  Computer hardware and software;

31         c.  Other instructional materials;

                                  77

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         d.  Other materials and supplies; and

  2         e.  Library media materials.

  3         7.  Food services.

  4         8.  Other support services.

  5         9.  Operation and maintenance of the school plant.

  6         (c)  The school financial report must also identify the

  7  types of district-level expenditures that support the school's

  8  operations. The total amount of these district-level

  9  expenditures must be reported and expressed as total

10  expenditures per full-time equivalent student.

11

12  As used in this subsection, the term "school" means a "school

13  center" as defined by s. 228.041.

14         Section 22.  Subsection (6) of section 20.15, Florida

15  Statutes, 1998 Supplement, is amended to read:

16         20.15  Department of Education.--There is created a

17  Department of Education.

18         (6)  COUNCILS AND COMMITTEES.--Notwithstanding anything

19  contained in law to the contrary, the Commissioner of

20  Education shall appoint all members of all councils and

21  committees of the Department of Education, except the Board of

22  Regents, the State Board of Community Colleges, the community

23  college district boards of trustees, the Postsecondary

24  Education Planning Commission, the Education Practices

25  Commission, the Education Standards Commission, the State

26  Board of Independent Colleges and Universities, the Florida

27  Commission on Education Reform and Accountability, and the

28  State Board of Nonpublic Career Education.

29         Section 23.  Effective July 1, 1999, section 236.08104,

30  Florida Statutes, is created to read:

31

                                  78

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         236.08104  Supplemental academic instruction;

  2  categorical fund.--

  3         (1)  There is created a categorical fund to provide

  4  supplemental academic instruction to students in kindergarten

  5  through grade 12.  This section may be cited as the

  6  "Supplemental Academic Achievement Categorical Fund."

  7         (2)  The Legislature finds that when appropriate types

  8  of supplemental instruction are provided at appropriate times,

  9  students who might otherwise fall behind can acquire the

10  skills and knowledge needed to be promoted to the next grade

11  level and to receive a high school diploma.  Failure to

12  provide a student with needed supplemental instruction at the

13  appropriate time can result in nonpromotion or dropping out of

14  school.  The Legislature further finds that for schools and

15  classrooms to provide flexible supplemental instruction to

16  meet the needs of students, they must have resources which can

17  be used with equal flexibility.

18         (3)  It is the intent of the Legislature that all

19  students gain at least a year's worth of knowledge for each

20  year in school and that no student be left behind by his or

21  her peers.  In order for some students to achieve this goal

22  they may need supplemental instruction.  All students will not

23  need the same kind or the same amount.  Some may need

24  supplemental instruction during the school day using

25  specialized skills development curriculum, others may need

26  lower student-teacher ratios, some may need tutoring after

27  school or at home, some may benefit from Saturday morning

28  sessions, some may need specialized or intensive help during

29  the summer, and others may need modified curriculum.  It is

30  the intent of the Legislature that supplemental instruction be

31  provided throughout the year at the time it can be most

                                  79

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  effective and that it not be limited to summer school.  It is

  2  also the intent of the Legislature that funds be allocated

  3  specifically to provide supplemental academic instruction and

  4  that schools and classrooms have ample flexibility to use

  5  these funds to meet student needs.

  6         (4)  Categorical funds for supplemental academic

  7  instruction shall be allocated annually to each school

  8  district in the amount provided in the General Appropriations

  9  Act.  These funds shall be in addition to the funds

10  appropriated on the basis of full-time equivalent student

11  (FTE) membership in the Florida Education Finance Program and

12  shall be included in the total potential funds of each

13  district.  These funds shall be used only to provide

14  supplemental academic instruction to students enrolled in the

15  K-12 program and programs such as mentoring, alternative

16  programs, alternative schools, behavioral contracts, and peer

17  tutoring for disruptive students, as provided in the General

18  Appropriations Act.  Supplemental instruction may include

19  lowering class size as one method for improving student

20  achievement and may be provided to a student in any manner and

21  at any time during or beyond the regular 180-day term

22  identified by the school as being the most effective and

23  efficient way to best help that student progress from grade to

24  grade and to graduate.

25         (5)  Effective with the 1999-2000 fiscal year, funding

26  on the basis of FTE membership beyond the 180-day regular term

27  shall be provided in the FEFP only for students enrolled

28  pursuant to s. 236.013(2)(c)2.a.  Funding for instruction

29  beyond the regular 180-day school year for all other K-12

30  students shall be provided through the supplemental academic

31  instruction categorical fund and other state, federal, and

                                  80

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  local fund sources with ample flexibility for schools to

  2  provide supplemental instruction to enable students to gain a

  3  year's worth knowledge for each year in school, not fall

  4  behind, to progress from grade to grade, and to receive a high

  5  school diploma.

  6         (6)  Beginning in the 1999-2000 school year, dropout

  7  prevention programs shall be included in Group 1 programs

  8  under s. 236.081(1)(d)3.

  9         Section 24.  Effective July 1, 1999, paragraph (c) of

10  subsection (2) of section 236.013, Florida Statutes, is

11  amended to read:

12         236.013  Definitions.--Notwithstanding the provisions

13  of s. 228.041, the following terms are defined as follows for

14  the purposes of this act:

15         (2)  A "full-time equivalent student" in each program

16  of the district is defined in terms of full-time students and

17  part-time students as follows:

18         (c)1.  A "full-time equivalent student" is:

19         a.  A full-time student in any one of the programs

20  listed in s. 236.081(1)(c); or

21         b.  A combination of full-time or part-time students in

22  any one of the programs listed in s. 236.081(1)(c) which is

23  the equivalent of one full-time student based on the following

24  calculations:

25         (I)  A full-time student, except a postsecondary or

26  adult student or a senior high school student enrolled in

27  adult education when such courses are required for high school

28  graduation, in a combination of programs listed in s.

29  236.081(1)(c) shall be a fraction of a full-time equivalent

30  membership in each special program equal to the number of net

31  hours per school year for which he or she is a member, divided

                                  81

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  by the appropriate number of hours set forth in subparagraph

  2  (a)1. or subparagraph (a)2.; the difference between that

  3  fraction or sum of fractions and the maximum value as set

  4  forth in subsection (5) for each full-time student is presumed

  5  to be the balance of the student's time not spent in such

  6  special education programs and shall be recorded as time in

  7  the appropriate basic program.

  8         (II)  A student in the basic half-day kindergarten

  9  program of not less than 450 net hours shall earn one-half of

10  a full-time equivalent membership.

11         (III)  A half-day kindergarten student in a combination

12  of programs listed in s. 236.081(1)(c) is a fraction of a

13  full-time equivalent membership in each special program equal

14  to the number of net hours or major portion thereof per school

15  year for which he or she is a member divided by the number of

16  hours set forth in sub-sub-subparagraph (II); the difference

17  between that fraction and the number of hours set forth in

18  sub-sub-subparagraph (II) for each full-time student in

19  membership in a half-day kindergarten program is presumed to

20  be the balance of the student's time not spent in such special

21  education programs and shall be recorded as time in the

22  appropriate basic program.

23         (IV)  A part-time student, except a postsecondary or

24  adult student, is a fraction of a full-time equivalent

25  membership in each basic and special program equal to the

26  number of net hours or major fraction thereof per school year

27  for which he or she is a member, divided by the appropriate

28  number of hours set forth in subparagraph (a)1. or

29  subparagraph (a)2.

30         (V)  A postsecondary or adult student or a senior high

31  school student enrolled in adult education when such courses

                                  82

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  are required for high school graduation is a portion of a

  2  full-time equivalent membership in each special program equal

  3  to the net hours or major fraction thereof per fiscal year for

  4  which he or she is a member, divided by the appropriate number

  5  of hours set forth in subparagraph (a)1. or subparagraph (a)2.

  6         (VI)  A full-time student who is part of a program

  7  authorized by subparagraph (a)3. in a combination of programs

  8  listed in s. 236.081(1)(c) is a fraction of a full-time

  9  equivalent membership in each regular or special program equal

10  to the number of net hours per school year for which he or she

11  is a member, divided by the appropriate number of hours set

12  forth in subparagraph (a)1. or subparagraph (a)2.

13         (II)(VII)  A prekindergarten handicapped student shall

14  meet the requirements specified for kindergarten students.

15         2.  A student in membership in a program scheduled for

16  more or less than 180 school days is a fraction of a full-time

17  equivalent membership equal to the number of instructional

18  hours in membership divided by the appropriate number of hours

19  set forth in subparagraph (a)1.; however, for the purposes of

20  this subparagraph, membership in programs scheduled for more

21  than 180 days is limited to:

22         a.  Support level III, IV, and V Special programs for

23  exceptional students;

24         b.  Special vocational-technical programs;

25         c.  Special adult general education programs;

26         b.d.  Dropout prevention programs as defined in s.

27  230.2316 for students in residential programs operated by the

28  Department of Children and Family Services; Residential

29  programs operated by the Department of Juvenile Justice as

30  defined in s. 230.23161 in which students receive educational

31  services; or teenage parent programs as defined in s.

                                  83

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  230.23166 for students who are in need of such additional

  2  instruction;

  3         c.e.  Dropout prevention programs as defined in s.

  4  230.2316 in which students are placed for academic or

  5  disciplinary purposes or Programs in English for speakers of

  6  other languages as defined in s. 233.058 for students who were

  7  in membership for all of the last 15 days of the 180-day term

  8  or a total of 30 days within the 180-day term and are in need

  9  of such additional instruction;

10         f.  Other basic programs offered for promotion or

11  credit instruction as defined by rules of the state board; and

12         g.  Programs which modify the school year to

13  accommodate the needs of children who have moved with their

14  parents for the purpose of engaging in the farm labor or fish

15  industries, provided such programs are approved by the

16  commissioner.

17

18  The department shall determine and implement an equitable

19  method of equivalent funding for experimental schools and for

20  schools operating under emergency conditions, which schools

21  have been approved by the department under the provisions of

22  s. 228.041(13) to operate for less than the minimum school

23  day.

24         Section 25.  Subsection (7) of section 239.101, Florida

25  Statutes, is amended to read:

26         239.101  Legislative intent.--

27         (7)  The Legislature finds that career education is a

28  crucial component of the educational programs conducted within

29  school districts and community colleges. Accordingly, career

30  education must be represented in accountability processes

31  undertaken for educational institutions. It is the intent of

                                  84

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  the Legislature that the vocational standards articulated in

  2  s. 239.229(2) be considered in the development of

  3  accountability measures for public schools pursuant to ss.

  4  229.591, 229.592, 229.593, 229.594, and 230.23(16) and for

  5  community colleges pursuant to s. 240.324.

  6         Section 26.  Subsection (1) of section 239.229, Florida

  7  Statutes, 1998 Supplement, is amended to read:

  8         239.229  Vocational standards.--

  9         (1)  The purpose of career education is to enable

10  students who complete vocational programs to attain and

11  sustain employment and realize economic self-sufficiency.  The

12  purpose of this section is to identify issues related to

13  career education for which school boards and community college

14  boards of trustees are accountable.  It is the intent of the

15  Legislature that the standards articulated in subsection (2)

16  be considered in the development of accountability standards

17  for public schools pursuant to ss. 229.591, 229.592, 229.593,

18  229.594, and 230.23(16) and for community colleges pursuant to

19  s. 240.324.

20         Section 27.  Subsection (1) of section 240.529, Florida

21  Statutes, is amended to read:

22         240.529  Public accountability and state approval for

23  teacher preparation programs.--

24         (1)  INTENT.--The Legislature recognizes that skilled

25  teachers make the most important contribution to a quality

26  educational system and that competent teachers are produced by

27  effective and accountable teacher preparation programs. The

28  intent of the Legislature is to establish a system for

29  development and approval of teacher preparation programs that

30  will free postsecondary teacher preparation institutions to

31  employ varied and innovative teacher preparation techniques

                                  85

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  while being held accountable for producing teachers with the

  2  competencies and skills for achieving the state education

  3  goals and sustaining the state system of school improvement

  4  and education accountability established pursuant to ss.

  5  229.591 and, 229.592, and 229.593.

  6         Section 28.  Section 231.002, Florida Statutes, is

  7  created to read:

  8         231.002  Teacher quality; legislative findings and

  9  purpose.--

10         (1)  The Legislature finds that the most important

11  influence the school can contribute to the learning of any

12  student is the attitude, skills, knowledge, and understanding

13  of the teacher. The Legislature intends to implement a

14  comprehensive approach to increase students' academic

15  achievement and improve teaching quality. The Legislature

16  recognizes that professional educators shape the future of

17  this state and the nation by developing the knowledge and

18  skills of our future workforce and laying the foundation for

19  good citizenship and full participation in community and civic

20  life. The Legislature also recognizes its critical role in

21  meeting the state's educational goals and preparing all

22  students to achieve at the high levels set by the Sunshine

23  State Standards.

24         (2)  The purpose of this act is to raise standards for

25  certifying professional educators; establish a statewide

26  system for in-service professional development; increase

27  accountability for postsecondary programs that prepare future

28  educators; and increase accountability for administrators who

29  evaluate teacher performance. To further this initiative, the

30  Department of Education must review the provisions of chapter

31  231, Florida Statutes, and related administrative rules

                                  86

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  governing the certification of individuals who must hold state

  2  certification as a condition of employment in any district

  3  school system. The purpose of the review is to identify ways

  4  to make the certification process more efficient and

  5  responsive to the needs of district school systems and

  6  educators; to maintain rigorous standards for initial and

  7  continuing certification; and to provide more alternative

  8  certification options for individuals who have specific

  9  subject-area expertise but have not completed a standard

10  teacher preparation program. The department must evaluate the

11  rigor of the assessment instruments and passing scores

12  required for certification and should consider components of

13  more rigorous and efficient certification systems in other

14  states. The department may request assistance from the

15  Education Standards Commission. By January 1, 2000, the

16  department must submit its findings and recommendations for

17  revision of statutes and administrative rules to the presiding

18  officers of the Senate, the House of Representatives, and the

19  State Board of Education.

20         Section 29.  Paragraph (d) of subsection (5) of section

21  24.121, Florida Statutes, 1998 Supplement, is amended to read:

22         24.121  Allocation of revenues and expenditure of funds

23  for public education.--

24         (5)

25         (d)  No funds shall be released for any purpose from

26  the Educational Enhancement Trust Fund to any school district

27  in which one or more schools do not have an approved school

28  improvement plan pursuant to s. 230.23(16) or do not comply

29  with school advisory council membership composition

30  requirements pursuant to s. 229.58(1). Effective July 1, 2002,

31  the Commissioner of Education shall withhold disbursements

                                  87

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  from the trust fund to any school district that fails to adopt

  2  and implement the performance pay policy required by s.

  3  230.23(5).

  4         Section 30.  Paragraph (c) of subsection (5) of section

  5  230.23, Florida Statutes, 1998 Supplement, is amended to read:

  6         230.23  Powers and duties of school board.--The school

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

  8  perform all duties listed below:

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

10  prescribe qualifications for those positions, and provide for

11  the appointment, compensation, promotion, suspension, and

12  dismissal of employees as follows, subject to the requirements

13  of chapter 231:

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

15  schedule or salary schedules to be used as a basis for paying

16  all school employees, such schedules to be arranged, insofar

17  as practicable, so as to furnish incentive for improvement in

18  training and for continued and efficient service and fix and

19  authorize the compensation of school employees on the basis of

20  such schedules.  A district school board, in determining the

21  salary schedule for instructional personnel, must base a

22  portion of each employee's compensation on performance

23  demonstrated under s. 231.29 and must consider the prior

24  teaching experience of a person who has been designated state

25  teacher of the year by any state in the United States. In

26  developing the salary schedule, the school board shall seek

27  input from parents, teachers, and representatives of the

28  business community. By June 30, 2002, the salary schedule

29  adopted by the school board must base at least 5 percent of

30  the salary of school administrators and instructional

31  personnel on annual performance measured under s. 231.29. The

                                  88

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  district's performance-pay policy is subject to negotiation as

  2  provided in chapter 447; however, the adopted salary schedule

  3  must allow employees who demonstrate outstanding performance

  4  to earn 5 percent of their individual salary. The Commissioner

  5  of Education shall determine whether the board's adopted

  6  salary schedule complies with the requirement for

  7  performance-based pay. If the board fails to comply by June

  8  30, 2002, the commissioner shall withhold disbursements from

  9  the Education Enhancement Trust Fund to the district until

10  compliance is verified.

11         Section 31.  Subsection (1) of section 231.02, Florida

12  Statutes, 1998 Supplement, is amended to read:

13         231.02  Qualifications of personnel.--

14         (1)  To be eligible for appointment in any position in

15  any district school system, a person shall be of good moral

16  character; shall have attained the age of 18 years, if he or

17  she is to be employed in an instructional capacity; and shall,

18  when required by law, hold a certificate or license issued

19  under rules of the State Board of Education or the Department

20  of Health and Rehabilitative Services, except when employed

21  pursuant to s. 231.15 or under the emergency provisions of s.

22  236.0711.  Previous residence in this state shall not be

23  required in any school of the state as a prerequisite for any

24  person holding a valid Florida certificate or license to serve

25  in an instructional capacity.

26         Section 32.  Subsection (2) of section 231.0861,

27  Florida Statutes, is amended to read:

28         231.0861  Principals and assistant principals;

29  selection.--

30         (2)  By July 1, 1986, Each district school board shall

31  adopt and implement an objective-based process for the

                                  89

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  screening, selection, and appointment of assistant principals

  2  and principals in the public schools of this state which meets

  3  the criteria approved by the State Board of Education Florida

  4  Council on Educational Management.  Each school district may

  5  contract with other local school districts, agencies,

  6  associations, private entities, or universities to conduct the

  7  assessments, evaluations, and training programs required under

  8  this section.

  9         Section 33.  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 is responsible for the performance of all

16  personnel employed by the school board and assigned to the

17  school to which the principal is assigned. The principal shall

18  faithfully and effectively apply the personnel-assessment

19  system approved by the school board pursuant to s. 231.29.

20  Each principal shall perform such duties as may be assigned by

21  the superintendent pursuant to the rules of the school board.

22  Such rules shall include, but not be limited to, rules

23  relating to administrative responsibility, instructional

24  leadership in implementing the Sunshine State Standards and of

25  the overall educational program of the school to which the

26  principal is assigned, submission of personnel recommendations

27  to the superintendent, administrative responsibility for

28  records and reports, administration of corporal punishment,

29  and student suspension.  Each principal shall provide

30  leadership in the development or revision and implementation

31  of a school improvement plan pursuant to s. 230.23(16).

                                  90

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         Section 34.  Paragraph (a) of subsection (5) of section

  2  231.087, Florida Statutes, is amended, and subsection (7) is

  3  added to that section, to read:

  4         231.087  Management Training Act; Florida Council on

  5  Educational Management; Florida Academy for School Leaders;

  6  Center for Interdisciplinary Advanced Graduate Study.--

  7         (5)  DISTRICT MANAGEMENT TRAINING PROGRAMS.--

  8         (a)  Pursuant to rules guidelines to be adopted by the

  9  State Board of Education Florida Council on Educational

10  Management, each school board may submit to the commissioner a

11  proposed program designed to train district administrators and

12  school-based managers, including principals, assistant

13  principals, school site administrators, and persons who are

14  potential candidates for employment in such administrative

15  positions, in the competencies which have been identified by

16  the Florida Council on Educational Management council as being

17  necessary for effective school management. The proposed

18  program shall include a statement of the number of individuals

19  to be included in the program and an itemized statement of the

20  estimated total cost of the program, which shall be paid in

21  part by the district and in part by the department.

22         (7)  REPEAL AND REVIEW OF MANAGEMENT ACT.--The Office

23  of Program Policy Analysis and Governmental Accountability, in

24  consultation with the Department of Education, shall conduct a

25  comprehensive review of the Management Training Act to

26  determine its effectiveness and by January 1, 2000, shall make

27  recommendations to the presiding officers of the Legislature

28  for the repeal, revision, or reauthorization of the act. This

29  section is repealed effective June 30, 2000.

30         Section 35.  Section 231.09, Florida Statutes, is

31  amended to read:

                                  91

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         231.09  Duties of instructional personnel.--The primary

  2  duty of instructional personnel is to work diligently and

  3  faithfully to help students meet or exceed annual learning

  4  goals, to meet state and local achievement requirements, and

  5  to master the skills required to graduate from high school

  6  prepared for postsecondary education, technical school, or

  7  work. This duty applies to instructional personnel whether

  8  they teach or function in a support role. Members of the

  9  instructional staff of the public schools shall perform duties

10  prescribed by rules of the school board.  Such rules shall

11  include, but not be limited to, rules relating to a teacher's

12  duty to help students master challenging standards and meet

13  all state and local requirements for achievement; teaching

14  efficiently and faithfully, using prescribed materials and

15  methods; recordkeeping; and fulfilling the terms of any

16  contract, unless released from the contract by the school

17  board.

18         Section 36.  Section 231.096, Florida Statutes, 1998

19  Supplement, is amended to read:

20         231.096  Teacher teaching out-of-field;

21  assistance.--Each school district school board shall adopt and

22  implement have a plan to assist any teacher teaching

23  out-of-field, and priority consideration in professional

24  development activities shall be given to teachers who are

25  teaching out-of-field. The school board shall require that

26  such teachers participate in a certification,

27  staff-development, or peer assistance program designed to

28  ensure that the teacher has the competencies required for the

29  assigned duties.  The cost of the program must be funded by

30  the school board.  The board-approved assistance plan must

31  include duties of administrative personnel and other

                                  92

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  instructional personnel to help the out-of-field teacher

  2  ensure that students receive high-quality instructional

  3  services.

  4         Section 37.  Section 231.145, Florida Statutes, is

  5  amended to read:

  6         231.145  Purpose of instructional personnel

  7  certification.--It is the intent of the Legislature that

  8  school personnel certified in this state possess the

  9  credentials, knowledge, and skills necessary to provide a

10  high-quality quality education in the public schools.  The

11  purpose of school personnel certification is to protect the

12  educational interests of students, parents, and the public at

13  large by assuring that teachers in this state are

14  professionally qualified.  In fulfillment of its duty to the

15  citizens of this state, the Legislature has established

16  certification requirements to assure that educational

17  personnel in public schools possess appropriate skills in

18  reading, writing, and mathematics, and adequate pedagogical

19  knowledge and relevant subject matter competence so as to and

20  can demonstrate an acceptable level of professional

21  performance.  Further, the Legislature has established a

22  certificate renewal process which promotes the continuing

23  professional improvement of school personnel, thereby

24  enhancing public education in all areas of the state.

25         Section 38.  Section 231.15, Florida Statutes, 1998

26  Supplement, is amended to read:

27         231.15  Positions for which certificates required.--

28         (1)  The State Board of Education shall classify school

29  services, designate the certification subject areas, establish

30  competencies and certification requirements for all

31  school-based personnel, and prescribe rules in accordance with

                                  93

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  which the professional, temporary, and part-time certificates

  2  shall be issued by the Department of Education to applicants

  3  who meet the standards prescribed by such rules for their

  4  class of service. The rules must allow the holder of a valid

  5  professional certificate to add an area of certification

  6  without completing the associated course requirements if the

  7  certificateholder attains a passing score on an examination of

  8  competency in the subject area to be added and provides

  9  evidence of at least 2 years of satisfactory performance

10  evaluations that considered the performance of students taught

11  by the certificateholder. The rules must allow individuals who

12  have specific subject area expertise but who have not

13  completed a standard teacher preparation program to

14  participate in a state-designed alternative certification

15  program for a professional certificate. This program must

16  provide for demonstration of the following competency areas in

17  lieu of completion of a specific number of college course

18  credit hours:

19         (a)  Assessment.

20         (b)  Communication.

21         (c)  Critical thinking.

22         (d)  Human development and learning.

23         (e)  Classroom management.

24         (f)  Planning.

25         (g)  Technology.

26         (h)  Diversity.

27         (i)  Teacher responsibility.

28         (j)  Code of ethics.

29         (k)  Continuous professional improvement.

30

31

                                  94

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  The State Board of Education shall consult with the State

  2  Board of Independent Colleges and Universities, the State

  3  Board of Nonpublic Career Education, the Board of Regents, and

  4  the State Board of Community Colleges before adopting any

  5  changes to training requirements relating to entry into the

  6  profession in cases affecting their jurisdiction. This

  7  consultation must allow the educational board to provide

  8  advice regarding the impact of the proposed changes in terms

  9  of the length of time necessary to complete the training

10  program and the fiscal impact of the changes. Each person

11  employed or occupying a position as school supervisor,

12  principal, teacher, library media specialist, school

13  counselor, athletic coach, or other position in which the

14  employee serves in an instructional capacity, in any public

15  school of any district of this state shall hold the

16  certificate required by law and by rules of the state board in

17  fulfilling the requirements of the law for the type of service

18  rendered.  However, the state board shall adopt rules

19  authorizing school boards to employ selected noncertificated

20  personnel to provide instructional services in the

21  individuals' fields of specialty or to assist instructional

22  staff members as education paraprofessionals.

23         (2)  Each person who is employed and renders service as

24  an athletic coach in any public school in any district of this

25  state shall hold a valid part-time, temporary, or professional

26  certificate. The provisions of this subsection do not apply to

27  any athletic coach who voluntarily renders service and who is

28  not employed by any public school district of this state.

29         (3)  Each person employed as a school nurse shall hold

30  a license to practice nursing in the state, and each person

31  employed as a school physician shall hold a license to

                                  95

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  practice medicine in the state.  The provisions of this

  2  subsection shall not apply to any athletic coach who renders

  3  service in a voluntary capacity and who is not employed by any

  4  public school of any district in this state.

  5         (4)(2)  A commissioned or noncommissioned military

  6  officer who is an instructor of junior reserve officer

  7  training shall be exempt from requirements for teacher

  8  certification, except for the filing of fingerprints pursuant

  9  to s. 231.02, if he or she meets the following qualifications:

10         (a)  Is retired from active military duty with at least

11  20 years of service and draws retirement pay or is retired, or

12  transferred to retired reserve status, with at least 20 years

13  of active service and draws retirement pay or retainer pay.

14         (b)  Satisfies criteria established by the appropriate

15  military service for certification by the service as a junior

16  reserve officer training instructor.

17         (c)  Has an exemplary military record.

18

19  If such instructor is assigned instructional duties other than

20  junior reserve officer training, he or she shall hold the

21  certificate required by law and rules of the state board for

22  the type of service rendered.

23         Section 39.  Paragraph (c) of subsection (3) and

24  subsections (4), (5), and (8) of section 231.17, Florida

25  Statutes, 1998 Supplement, are amended to read:

26         231.17  Official statements of eligibility and

27  certificates granted on application to those meeting

28  prescribed requirements.--

29         (3)  TEMPORARY CERTIFICATE.--

30         (c)  To qualify for a temporary certificate, the

31  applicant must:

                                  96

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         1.  File a written statement under oath that the

  2  applicant subscribes to and will uphold the principles

  3  incorporated in the Constitutions of the United States and of

  4  the State of Florida.

  5         2.  Be at least 18 years of age.

  6         3.  Document receipt of a bachelor's or higher degree

  7  from an accredited institution of higher learning, as defined

  8  by state board rule. Credits and degrees awarded by a newly

  9  created Florida state institution that is part of the State

10  University System shall be considered as granted by an

11  accredited institution of higher learning during the first 2

12  years of course offerings while accreditation is gained.

13  Degrees from foreign institutions, or degrees from other

14  institutions of higher learning that are in the accreditation

15  process, may be validated by a process established in state

16  board rule. Once accreditation is gained, the institution

17  shall be considered as accredited beginning with the 2-year

18  period prior to the date of accreditation. The bachelor's or

19  higher degree may not be required in areas approved in rule by

20  the State Board of Education as nondegreed areas. Each

21  applicant seeking initial certification must have attained at

22  least a 2.5 overall grade point average on a 4.0 scale in the

23  applicant's major field of study. The applicant may document

24  the required education by submitting official transcripts from

25  institutions of higher education or by authorizing the direct

26  submission of such official transcripts through established

27  electronic network systems.

28         4.  Be competent and capable of performing the duties,

29  functions, and responsibilities of a teacher.

30         5.  Be of good moral character.

31

                                  97

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         6.  Demonstrate mastery of general knowledge, including

  2  the ability to read, write, and compute. Individuals who apply

  3  for certification on or after July 1, 2000, must demonstrate

  4  these minimum competencies in order to receive a temporary

  5  certificate.  Acceptable means of demonstrating such mastery

  6  is an individual's achievement of passing scores on other

  7  states' general knowledge examinations or a valid standard

  8  teaching certificate issued by another state that requires

  9  mastery of general knowledge.

10

11  Rules adopted pursuant to this section shall provide for the

12  review and acceptance of credentials from foreign institutions

13  of higher learning.

14         (4)  PROFESSIONAL CERTIFICATE.--The department shall

15  issue a professional certificate for a period not to exceed 5

16  years to any applicant who meets the requirements for a

17  temporary certificate and documents mastery of the minimum

18  competencies required by subsection (5). Mastery of the

19  minimum competencies must be documented on a comprehensive

20  written examination or through other criteria as specified by

21  rules of the state board. Mastery of minimum competencies

22  required under subsection (5) must be demonstrated in the

23  following areas:

24         (a)  General knowledge, including the ability to read,

25  write, and compute.

26         (b)  Professional skills and knowledge of the standards

27  of professional practice.

28         (c)  The subject matter in each area for which

29  certification is sought.

30         (5)  MINIMUM COMPETENCIES FOR PROFESSIONAL

31  CERTIFICATE.--

                                  98

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         (a)  The state board must specify, by rule, the minimum

  2  essential competencies that educators must possess and

  3  demonstrate in order to qualify to teach students the

  4  standards of student performance adopted by the state board.

  5  The minimum competencies must include but are not limited to

  6  the ability to:

  7         1.  Write and speak in a logical and understandable

  8  style with appropriate grammar and sentence structure.

  9         2.  Read, comprehend, and interpret professional and

10  other written material.

11         3.  Comprehend and work with fundamental mathematical

12  concepts, including algebra.

13         4.  Recognize signs of severe emotional distress in

14  students and apply techniques of crisis intervention with an

15  emphasis on suicide prevention and positive emotional

16  development.

17         5.  Recognize signs of alcohol and drug abuse in

18  students and refer such students to counseling and assistance

19  programs designed to prevent apply counseling techniques with

20  emphasis on intervention and prevention of future abuse.

21         6.  Recognize the physical and behavioral indicators of

22  child abuse and neglect, know rights and responsibilities

23  regarding reporting, know how to care for a child's needs

24  after a report is made, and know recognition, intervention,

25  and prevention strategies pertaining to child abuse and

26  neglect which can be related to children in a classroom

27  setting in a nonthreatening, positive manner.

28         7.  Comprehend patterns of physical, social, and

29  academic development in students, including exceptional

30  students in the regular classroom, and counsel these students

31  concerning their needs in these areas.

                                  99

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         8.  Recognize and be aware of the instructional needs

  2  of exceptional students.

  3         9.  Comprehend patterns of normal development in

  4  students and employ appropriate intervention strategies for

  5  disorders of development.

  6         10.  Identify and comprehend the codes and standards of

  7  professional ethics, performance, and practices adopted

  8  pursuant to s. 231.546(2)(b), the grounds for disciplinary

  9  action provided by s. 231.28, and the procedures for resolving

10  complaints filed pursuant to this chapter, including appeal

11  processes.

12         11.  Recognize and demonstrate awareness of the

13  educational needs of students who have limited proficiency in

14  English and employ appropriate teaching strategies.

15         12.  Use and integrate appropriate technology in

16  teaching and learning processes and in managing, evaluating,

17  and improving instruction.

18         13.  Use assessment and other diagnostic strategies to

19  assist the continuous development of the learner.

20         14.  Use teaching and learning strategies that include

21  considering each student's culture, learning styles, special

22  needs, and socioeconomic background.

23         15.  Demonstrate knowledge and understanding of the

24  subject matter that is aligned with the subject knowledge and

25  skills specified in the Sunshine State Standards and student

26  performance standards approved by the state board.

27         16.  Demonstrate knowledge and skill in managing

28  student behavior inside and outside the classroom. Such

29  knowledge and skill must include techniques for preventing and

30  effectively responding to incidents of disruptive or violent

31  behavior.

                                 100

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         17.  Demonstrate knowledge of and skill in developing

  2  and administering appropriate classroom assessment instruments

  3  designed to measure student learning gains.

  4         18.  Demonstrate the ability to maintain a positive

  5  collaborative relationship with students' families to increase

  6  student achievement.

  7         19.  Recognize the early signs of truancy in students

  8  and identify effective interventions to avoid or resolve

  9  nonattendance behavior.

10         (b)  The state board shall designate the certification

11  areas for subject area tests. However, an applicant may

12  satisfy the subject area and professional knowledge testing

13  requirements by attaining scores on corresponding tests from

14  the National Teachers Examination series, and successors to

15  that series, that meet standards established by the state

16  board. The College Level Academic Skills Test, a similar test

17  approved by the state board, or corresponding tests from,

18  beginning January 1, 1996, the National Teachers Examination

19  series must be used by degreed personnel to demonstrate

20  mastery of general knowledge as required in paragraphs (3)(c)

21  and paragraph (4)(a). All required tests may be taken prior to

22  graduation. The College Level Academic Skills Test shall be

23  waived for any applicant who passed the reading, writing, and

24  mathematics subtest of the former Florida Teacher

25  Certification Examination or the College Level Academic Skills

26  Test and subsequently obtained a certificate pursuant to this

27  chapter.

28         (8)  EXAMINATIONS.--

29         (a)  The commissioner, with the approval of the state

30  board, may contract for developing, printing, administering,

31

                                 101

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  scoring, and appropriate analysis of the written tests

  2  required.

  3         (b)  The state board shall, by rule, specify the

  4  examination scores that are required for the issuance of a

  5  professional certificate and certain temporary certificate

  6  certificates. When the College Level Academic Skills Test is

  7  used to demonstrate general knowledge, Such rules must provide

  8  an alternative method by which an applicant may demonstrate

  9  mastery of general knowledge, including the ability to read,

10  write, or compute; must define generic subject area

11  competencies; and must establish uniform evaluation

12  guidelines. Individuals who apply for their professional

13  certificate before July 1, 2000, may demonstrate mastery of

14  general knowledge pursuant to the alternative method specified

15  by state board rule which The alternative method must:

16         1.  Apply only to an applicant who has successfully

17  completed all prerequisites for issuance of the professional

18  certificate, except passing one specific subtest of the

19  College Level Academic Skills Test, and who has taken and

20  failed to achieve a passing score on that subtest at least

21  four times.

22         2.  Require notification from the superintendent of the

23  employing school district, the governing authority of the

24  employing developmental research school, or the governing

25  authority of the employing state-supported school or nonpublic

26  school that the applicant has satisfactorily demonstrated

27  mastery of the subject area covered by that specific subtest

28  through successful experience in the professional application

29  of generic subject area competencies and proficient academic

30  performance in that subject area. The decision of the

31  superintendent or governing authority shall be based on a

                                 102

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  review of the applicant's official academic transcript and

  2  notification from the applicant's principal, a peer teacher,

  3  and a district-level supervisor that the applicant has

  4  demonstrated successful professional experience in that

  5  subject area.

  6         (c)  If an applicant takes an examination developed by

  7  this state and does not achieve the score necessary for

  8  certification, the applicant may review his or her completed

  9  examination and bring to the attention of the department any

10  errors that would result in a passing score.

11         (d)  The department and the board shall maintain

12  confidentiality of the examination, developmental materials,

13  and workpapers, and the examination, developmental materials,

14  and workpapers are exempt from s. 119.07(1).

15         Section 40.  Subsection (3) is added to section

16  231.1725, Florida Statutes, 1998 Supplement, to read:

17         231.1725  Employment of substitute teachers, teachers

18  of adult education, and nondegreed teachers of career

19  education; students performing clinical field experience.--

20         (3)  A student who is enrolled in a state-approved

21  teacher preparation program in an institution of higher

22  education approved by rules of the State Board of Education

23  and who is jointly assigned by such institution of higher

24  education and a school board to perform a clinical field

25  experience under the direction of a regularly employed and

26  certified educator shall be accorded the same protection of

27  laws as that accorded the certified educator while serving

28  such supervised clinical field experience, except for the

29  right to bargain collectively as employees of the school

30  board.

31

                                 103

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         Section 41.  Section 231.174, Florida Statutes, is

  2  amended to read:

  3         231.174  Alternative preparation programs for certified

  4  teachers to add additional coverage.--A district school board

  5  may design alternative teacher preparation programs to enable

  6  persons already certificated to add an additional coverage to

  7  their certificates to teach exceptional education classes or

  8  in other areas of critical shortage.  Each alternative teacher

  9  preparation program shall be reviewed and approved by the

10  Department of Education to assure that persons who complete

11  the program are competent in the necessary areas of subject

12  matter specialization.  Two or more school districts may

13  jointly participate in an alternative preparation program for

14  teachers.

15         Section 42.  Subsection (3) of section 231.29, Florida

16  Statutes, 1998 Supplement, is amended to read:

17         231.29  Assessment procedures and criteria.--

18         (3)  The assessment procedure for instructional

19  personnel and school administrators must shall comply with,

20  but need shall not be limited to, the following requirements:

21         (a)  An assessment must shall be conducted for each

22  employee at least once a year. The assessment must shall be

23  based upon sound educational principles and contemporary

24  research in effective educational practices. The assessment

25  must use data and indicators of improvement in student

26  performance and may consider results of peer reviews in

27  evaluating the employee's performance.  The assessment

28  criteria must include, but are not limited to, indicators that

29  relate to the following:

30         1.  Performance of students as measured by state

31  assessments required under s. 229.57 and by local assessments

                                 104

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  for subjects and grade levels not measured by the state

  2  assessment program.

  3         2.1.  Ability to maintain appropriate discipline.

  4         3.2.  Knowledge of subject matter. The district school

  5  board shall make special provisions for evaluating teachers

  6  who are assigned to teach out-of-field.

  7         4.3.  Ability to plan and deliver instruction.

  8         5.4.  Ability to evaluate instructional needs.

  9         6.5.  Ability to establish and maintain a positive

10  collaborative relationship with students' families to increase

11  student achievement communicate with parents.

12         7.6.  Other professional competencies,

13  responsibilities, and requirements as established by rules of

14  the State Board of Education and policies of the district

15  school board.

16         (b)  All personnel must shall be fully informed of the

17  criteria and procedures associated with the assessment process

18  before the assessment takes place.

19         (c)  The individual responsible for supervising the

20  employee must assess the employee's performance. The evaluator

21  must submit a written report of the assessment to the

22  superintendent for the purpose of reviewing the employee's

23  contract. The evaluator must submit the written report to the

24  employee no later than 10 days after the assessment takes

25  place.  The evaluator must discuss the written report of

26  assessment with the employee. The employee shall have the

27  right to initiate a written response to the assessment, and

28  the response shall become a permanent attachment to his or her

29  personnel file.

30         (d)  If an employee is not performing his or her duties

31  in a satisfactory manner, the evaluator shall notify the

                                 105

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  employee in writing of such determination. The notice must

  2  describe such unsatisfactory performance and include notice of

  3  the following procedural requirements:

  4         1.  Upon delivery of a notice of unsatisfactory

  5  performance, the evaluator must confer with the employee, make

  6  recommendations with respect to specific areas of

  7  unsatisfactory performance, and provide assistance in helping

  8  to correct deficiencies within a prescribed period of time.

  9         2.  The employee shall be placed on performance

10  probation and governed by the provisions of this section for

11  90 calendar days from the receipt of the notice of

12  unsatisfactory performance to demonstrate corrective action.

13  School holidays and school vacation periods are not counted

14  when calculating the 90-calendar-day period. During the 90

15  calendar days, the employee must be evaluated periodically and

16  apprised of progress achieved and must be provided assistance

17  and inservice training opportunities to help correct the noted

18  performance deficiencies. At any time during the 90 calendar

19  days, the employee may request a transfer to another

20  appropriate position with a different supervising

21  administrator; however, a transfer does not extend the period

22  for correcting performance deficiencies.

23         3.  Within 14 days after the close of the 90 calendar

24  days, the evaluator must assess whether the performance

25  deficiencies have been corrected and forward a recommendation

26  to the superintendent. Within 14 days after receiving the

27  evaluator's recommendation, the superintendent must notify the

28  employee in writing whether the performance deficiencies have

29  been satisfactorily corrected and whether the superintendent

30  will recommend that the school board continue or terminate his

31  or her employment contract. If the employee wishes to contest

                                 106

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  the superintendent's recommendation, the employee must, within

  2  15 days after receipt of the superintendent's recommendation,

  3  submit a written request for a hearing. Such hearing shall be

  4  conducted at the school board's election in accordance with

  5  one of the following procedures:

  6         a.  A direct hearing conducted by the school board

  7  within 60 days after receipt of the written appeal. The

  8  hearing shall be conducted in accordance with the provisions

  9  of ss. 120.569 and 120.57. A majority vote of the membership

10  of the school board shall be required to sustain the

11  superintendent's recommendation. The determination of the

12  school board shall be final as to the sufficiency or

13  insufficiency of the grounds for termination of employment; or

14         b.  A hearing conducted by an administrative law judge

15  assigned by the Division of Administrative Hearings of the

16  Department of Management Services. The hearing shall be

17  conducted within 60 days after receipt of the written appeal

18  in accordance with chapter 120. The recommendation of the

19  administrative law judge shall be made to the school board. A

20  majority vote of the membership of the school board shall be

21  required to sustain or change the administrative law judge's

22  recommendation. The determination of the school board shall be

23  final as to the sufficiency or insufficiency of the grounds

24  for termination of employment.

25         Section 43.  Paragraph (a) of subsection (1) of section

26  231.546, Florida Statutes, 1998 Supplement, is amended to

27  read:

28         231.546  Education Standards Commission; powers and

29  duties.--

30         (1)  The Education Standards Commission shall have the

31  duty to:

                                 107

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         (a)  Recommend to the state board high desirable

  2  standards relating to programs and policies for the

  3  development, certification and certification extension,

  4  improvement, and maintenance of competencies of educational

  5  personnel, including teacher interns. Such standards must be

  6  consistent with the state's duty to provide a high-quality

  7  system of public education to all students.

  8         Section 44.  Subsections (1) and (3) and paragraph (b)

  9  of subsection (4) of section 231.600, Florida Statutes, 1998

10  Supplement, are amended, and subsections (8) and (9) are added

11  to that section, to read:

12         231.600  School Community Professional Development

13  Act.--

14         (1)  The Department of Education, public community

15  colleges and universities, public school districts, and public

16  schools in this state shall collaborate to establish a

17  coordinated system of professional development. The purpose of

18  the professional development system is to enable the school

19  community to meet state and local student achievement

20  standards and the state education goals and to succeed in

21  school improvement as described in s. 229.591.

22         (3)  The activities designed to implement this section

23  must:

24         (a)  Increase the success of educators in guiding

25  student learning and development so as to implement state and

26  local educational standards, goals, and initiatives;

27         (b)  Assist the school community in providing

28  stimulating educational activities that encourage and motivate

29  students to achieve at the highest levels and to become

30  developing in school children the dispositions that will

31  motivate them to be active learners; and

                                 108

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         (c)  Provide continuous support as well as, rather than

  2  temporary intervention for education professionals who need

  3  improvement in knowledge, skills, and performance, for

  4  improving the performance of teachers and others who assist

  5  children in their learning.

  6         (4)  The Department of Education, school districts,

  7  schools, and public colleges and universities share the

  8  responsibilities described in this section.  These

  9  responsibilities include the following:

10         (b)  Each district school board shall consult with

11  teachers and representatives of college and university

12  faculty, community agencies, and other interested citizen

13  groups to establish policy and procedures to guide the

14  operation of the district professional development program.

15  The professional development system must:

16         1.  Require that principals and schools use student

17  achievement data, school discipline data, school environment

18  surveys, assessments of parental satisfaction, and other

19  performance indicators to identify school and student needs

20  that can be met by improved professional performance, and

21  assist principals and schools in making these identifications;

22         2.  Provide training activities coupled with followup

23  support that is appropriate to accomplish district-level and

24  school-level improvement goals and standards; and

25         3.  Provide for systematic consultation with regional

26  and state personnel designated to provide technical assistance

27  and evaluation of local professional development programs;.

28         4.  Provide for delivery of professional development by

29  distance learning and other technology-based delivery systems

30  to reach more educators at lower costs; and

31

                                 109

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         5.  Continuously evaluate the quality and effectiveness

  2  of professional development programs in order to eliminate

  3  ineffective programs and strategies and to expand effective

  4  ones. Evaluations must consider the impact of such activities

  5  on the performance of participating educators and their

  6  students' achievement and behavior.

  7         (8)  This section does not limit or discourage a

  8  district school board from contracting with independent

  9  entities for professional-development services and inservice

10  education if the school board believes that, through such a

11  contract, a better product can be acquired or its goals for

12  education improvement can be better met.

13         (9)  For teachers and administrators who have been

14  evaluated as less than satisfactory, a school board may

15  require participation in a specific professional development

16  program or peer assistance and review program as part of the

17  improvement prescription.

18         Section 45.  Subsection (1), paragraph (b) of

19  subsection (3), and subsections (4) and (5) of section

20  240.529, Florida Statutes, are amended to read:

21         240.529  Public accountability and state approval for

22  teacher preparation programs.--

23         (1)  INTENT.--The Legislature recognizes that skilled

24  teachers make the most important contribution to a quality

25  educational system and that competent teachers are produced by

26  effective and accountable teacher preparation programs. The

27  intent of the Legislature is to establish a system for

28  development and approval of teacher preparation programs that

29  will free postsecondary teacher preparation institutions to

30  employ varied and innovative teacher preparation techniques

31  while being held accountable for producing graduates teachers

                                 110

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  with the competencies and skills necessary to achieve for

  2  achieving the state education goals; help students meet high

  3  standards for academic achievement; maintain safe, secure

  4  classroom learning environments; and sustain sustaining the

  5  state system of school improvement and education

  6  accountability established pursuant to ss. 229.591, 229.592,

  7  and 229.593.

  8         (3)  INITIAL STATE PROGRAM APPROVAL.--

  9         (b)  Each teacher preparation program approved by the

10  Department of Education, as provided for by this section,

11  shall require students to meet one of the following as

12  prerequisites a prerequisite for admission into the program:

13         1.  That a student receive a passing score at the 40th

14  percentile or above, as established by state board rule, on a

15  nationally standardized college entrance examination;

16         1.2.  That a student Have a grade point average of at

17  least 2.5 on a 4.0 scale for the general education component

18  of undergraduate studies; or

19         2.3.  That a student Have completed the requirements

20  for a baccalaureate degree with a minimum grade point average

21  of 2.5 on a 4.0 scale from any college or university

22  accredited by a regional accrediting association as defined by

23  state board rule; and.

24         3.  Beginning with the 2000-2001 academic year,

25  demonstrate mastery of general knowledge, including the

26  ability to read, write, and compute by passing the College

27  Level Academic Skills Test, a corresponding component of the

28  National Teachers Examination series, or a similar test

29  pursuant to rules of the State Board of Education.

30

31

                                 111

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  The State Board of Education may shall provide by rule for a

  2  waiver of these requirements. The rule shall require that 90

  3  percent of those admitted to each teacher education program

  4  meet the requirements of this paragraph and that the program

  5  implement strategies to ensure that students admitted under a

  6  waiver receive assistance to demonstrate competencies to

  7  successfully meet requirements for certification.

  8         (4)  CONTINUED PROGRAM APPROVAL.--Notwithstanding

  9  subsection (3), failure by a public or nonpublic teacher

10  preparation program to meet the criteria for continued program

11  approval shall result in loss of program approval. The

12  Department of Education, in collaboration with the departments

13  and colleges of education, shall develop procedures for

14  continued program approval which document the continuous

15  improvement of program processes and graduates' performance.

16         (a)  Continued approval of specific teacher preparation

17  programs at each public and nonpublic institution of higher

18  education within the state is contingent upon the passing of

19  the written examination required by s. 231.17 by at least 90

20  80 percent of the graduates of the program who take the

21  examination. On request of an institution, the Department of

22  Education shall provide an analysis of the performance of the

23  graduates of such institution with respect to the competencies

24  assessed by the examination required by s. 231.17.

25         (b)  Additional criteria for continued program approval

26  for public institutions may be developed by the Education

27  Standards Commission and approved by the State Board of

28  Education. Such criteria must emphasize outcome measures and

29  must may include, but need not be limited to, program

30  graduates' satisfaction with training and the unit's

31  responsiveness to local school districts. Additional criteria

                                 112

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  for continued program approval for nonpublic institutions

  2  shall be developed in the same manner as for public

  3  institutions; however, such criteria must be based upon

  4  significant, objective, and quantifiable graduate performance

  5  measures. Responsibility for collecting data on outcome

  6  measures through survey instruments and other appropriate

  7  means shall be shared by the institutions of higher education,

  8  the Board of Regents, the State Board of Independent Colleges

  9  and Universities, and the Department of Education. By January

10  1 of each year, the Department of Education, in cooperation

11  with the Board of Regents and the State Board of Independent

12  Colleges and Universities, shall report this information for

13  each postsecondary institution that has state-approved

14  programs of teacher education to the Governor, the

15  Commissioner of Education, the Chancellor of the State

16  University System, the President of the Senate, the Speaker of

17  the House of Representatives, all Florida postsecondary

18  teacher preparation programs, and interested members of the

19  public. This report must analyze the data and make

20  recommendations for improving teacher preparation programs in

21  the state.

22         (c)  Beginning July 1, 1997, Continued approval for a

23  teacher preparation program is contingent upon the results of

24  annual reviews of the program conducted by the institution of

25  higher education, using procedures and criteria outlined in an

26  institutional program evaluation plan approved by the

27  Department of Education. This plan must incorporate the

28  criteria established in paragraphs (a) and (b) and include

29  provisions for involving primary stakeholders, such as program

30  graduates, district school personnel, classroom teachers,

31  principals, community agencies, parents of school-aged

                                 113

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  children, and business representatives in the evaluation

  2  process. Upon request by an institution, the department shall

  3  provide assistance in developing, enhancing, or reviewing the

  4  institutional program evaluation plan and training evaluation

  5  team members.

  6         (d)  Beginning July 1, 1997, Continued approval for a

  7  teacher preparation program is contingent upon standards being

  8  in place that are designed to adequately prepare elementary,

  9  middle, and high school teachers to instruct their students in

10  higher-level mathematics concepts at the appropriate grade

11  level.

12         (e)  Beginning July 1, 2000, continued approval of

13  teacher preparation programs is contingent upon the receipt of

14  at least a satisfactory rating from public schools and

15  nonpublic schools that employ graduates of the program.

16  Employer satisfaction shall be determined by an annually

17  administered survey instrument approved by the Department of

18  Education.

19         (f)  Beginning with the 2000-2001 academic year, each

20  public and private institution that offers a teacher

21  preparation program in this state must annually report in the

22  institution's student catalogue the prior year's performance

23  of the teacher preparation program. Each annual report must

24  address at least the following measures:

25         1.  Quality of students entering the program, as

26  evidenced by mean grade point average and average score on

27  examinations of general knowledge required by chapter 231 for

28  issuance of a temporary or professional certificate.

29         2.  Graduation rates.

30         3.  Time-to-graduation data.

31

                                 114

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         4.  Ability of graduates to perform at preprofessional

  2  and professional levels as evidenced by the percentage of

  3  graduates who pass the examinations required by chapter 231

  4  and demonstrate competencies required for issuance of the

  5  temporary certificate, professional certificate, and

  6  certificate of competency in various subject areas.

  7         5.  Percentage of graduates rehired to teach after the

  8  first year of employment in a public or private school.

  9         6.  Percentage of graduates remaining in teaching for

10  at least 4 years.

11         7.  Satisfaction of graduates of the program as

12  evidenced by a common survey.

13         8.  Satisfaction of employers as evidenced by a common

14  survey of public and private schools that employ graduates of

15  the program.

16         (g)  Beginning July 1, 2000, continued program approval

17  for teacher preparation programs is contingent upon compliance

18  with the entrance requirements itemized in subsection (3).

19         (5)  PRESERVICE FIELD EXPERIENCE.--All postsecondary

20  instructors, school district personnel and instructional

21  personnel, and school sites preparing instructional personnel

22  through preservice field experience courses and internships

23  shall meet special requirements.

24         (a)  All instructors in postsecondary teacher

25  preparation programs who instruct or supervise preservice

26  field experience courses or internships shall have at least

27  one of the following: specialized training in clinical

28  supervision; a valid professional teaching certificate

29  pursuant to ss. 231.17 and 231.24; or at least 3 years of

30  successful teaching experience in prekindergarten through

31  grade 12; or a commitment to spend periods of time specified

                                 115

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  by State Board of Education rule teaching in the public

  2  schools.

  3         (b)  All school district personnel and instructional

  4  personnel who supervise or direct teacher preparation students

  5  during field experience courses or internships must have

  6  evidence of "clinical educator" training and must successfully

  7  demonstrate effective classroom management strategies that

  8  consistently result in improved student performance. The

  9  Education Standards Commission shall recommend, and the state

10  board shall approve, the training requirements.

11         (c)  Preservice field experience programs must provide

12  specific guidance and demonstration of effective classroom

13  management strategies, modeling strategies for incorporating

14  technology into classroom instruction, and ways to link

15  instructional plans to the Sunshine State Standards, as

16  appropriate. Such experience must include at least 1 week of

17  supervised student contact with lower achieving students. The

18  length of structured field experiences may be extended to

19  ensure that candidates achieve the competencies needed to meet

20  certification requirements.

21         (d)(c)  Postsecondary teacher preparation programs in

22  cooperation with district school boards and approved nonpublic

23  school associations shall select the school sites for

24  preservice field experience activities. These sites must

25  represent the full spectrum of school communities, including,

26  but not limited to, schools located in urban settings. In

27  order to be selected, school sites must demonstrate commitment

28  to the education of public school students and to the

29  preparation of future teachers. A nonpublic school

30  association, in order to be approved, must have a

31

                                 116

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  state-approved master inservice program plan in accordance

  2  with s. 236.0811.

  3         Section 46.  Section 231.6135, Florida Statutes, is

  4  created to read:

  5         231.6135  Statewide system for in-service professional

  6  development.--The intent of this section is to establish a

  7  statewide system of professional development that provides a

  8  wide range of targeted in-service training to teachers and

  9  administrators designed to upgrade skills and knowledge needed

10  to reach world class standards in education. The system shall

11  consist of a network of professional development academies in

12  each region of the state that are operated in partnership with

13  area business partners to develop and deliver high quality

14  training programs purchased by school districts. The academies

15  shall be established to meet the human resource development

16  needs of professional educators, schools, and school

17  districts. Funds appropriated for the initiation of

18  professional development academies shall be allocated by the

19  Commissioner of Education, unless otherwise provided in an

20  appropriations act. To be eligible for startup funds, the

21  academy must:

22         (1)  Demonstrate the capacity to provide effective

23  training to improve teaching skills in the areas of elementary

24  or secondary reading and mathematics, the use of instructional

25  technology, high school algebra, and classroom management, and

26  to deliver such training using face-to-face, distance

27  learning, and individualized computer-based delivery systems.

28         (2)  Propose a plan for responding in an effective and

29  timely manner to the professional development needs of

30  teachers, administrators, schools, and school districts

31

                                 117

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  relating to improving student achievement and meeting state

  2  and local education goals.

  3         (3)  Be established by the collaborative efforts of one

  4  or more district school boards, members of the business

  5  community, and the postsecondary institutions that will award

  6  college credits for courses taught at the academy.

  7         (4)  Demonstrate the ability to provide high-quality

  8  trainers and training, appropriate followup and coaching for

  9  all participants, and support school personnel in positively

10  impacting student performance.

11         (5)  Be operated under contract with its public

12  partners and governed by an independent board of directors,

13  which should include at least one superintendent and one

14  school board chairman from the participating school districts,

15  the president of the collective bargaining unit that

16  represents the majority of the region's teachers, and at least

17  three individuals who are not employees or elected or

18  appointed officials of the participating school districts.

19         (6)  Be financed during the first year of operation by

20  an equal or greater match from private funding sources and

21  demonstrate the ability to be self-supporting within 1 year

22  after opening through fees for services, grants, or private

23  contributions.

24         (7)  Own or lease a facility that can be used to

25  deliver training on-site and through distance learning and

26  other technology-based delivery systems. The participating

27  district school boards may lease a site or facility to the

28  academy for a nominal fee and may pay all or part of the costs

29  of renovating a facility to accommodate the academy. The

30  academy is responsible for all operational, maintenance, and

31  repair costs.

                                 118

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         (8)  Provide professional development services for the

  2  participating school districts as specified in the contract

  3  and may provide professional development services to other

  4  school districts, private schools, and individuals on a

  5  fee-for-services basis.

  6         Section 47.  Section 231.601, Florida Statutes, is

  7  repealed.

  8         Section 48.  Paragraph (a) of subsection (16) of

  9  section 230.23, Florida Statutes, 1998 Supplement, is amended

10  to read:

11         230.23  Powers and duties of school board.--The school

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

13  perform all duties listed below:

14         (16)  IMPLEMENT SCHOOL IMPROVEMENT AND

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

16  education accountability as provided by statute and State

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

18  education accountability shall be consistent with, and

19  implemented through, the district's continuing system of

20  planning and budgeting required by this section and ss.

21  229.555 and 237.041. This system of school improvement and

22  education accountability shall include, but not be limited to,

23  the following:

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

25  require implementation of a new, amended, or continuation

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

27  plan shall be designed to achieve the state education goals

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

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

30  address issues relative to budget, training, instructional

31  materials, technology, staffing, student support services,

                                 119

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  specific school safety and discipline strategies, and other

  2  matters of resource allocation, as determined by school board

  3  policy.

  4         Section 49.  Subsection (3) of section 230.2316,

  5  Florida Statutes, 1998 Supplement, is amended to read:

  6         230.2316  Dropout prevention.--

  7         (3)  STUDENT ELIGIBILITY AND PROGRAM CRITERIA.--

  8         (a)  Dropout prevention programs shall differ from

  9  traditional education programs and schools in scheduling,

10  administrative structure, philosophy, curriculum, or setting

11  and shall employ alternative teaching methodologies,

12  curricula, learning activities, and or diagnostic and

13  assessment procedures in order to meet the needs, interests,

14  abilities, and talents of eligible students. The educational

15  program shall provide curricula, character development and law

16  education as provided in s. 233.0612, and related services

17  which support the program goals and lead to completion of a

18  high school diploma. Student participation in such programs

19  shall be voluntary. Districts may, however,  assign students

20  to a program for disruptive students. The minimum period of

21  time during which the student participates in the program

22  shall be equivalent to two instructional periods per day

23  unless the program utilizes a student support and assistance

24  component rather than regularly scheduled courses.

25         (b)  Students in grades 1-12 4-12 shall be eligible for

26  dropout prevention programs. Eligible dropout prevention

27  students shall be reported 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

                                 120

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  enrolled full time in a regular classroom. The student support

  2  and assistance component shall include auxiliary services

  3  provided to students or teachers, or both. Students

  4  participating in this model shall generate funding only for

  5  the time that they receive extra services or auxiliary help.

  6         (c)  A student shall be identified as being a potential

  7  dropout based upon one of the following criteria:

  8         1.  The student has shown a lack of motivation in

  9  school through grades which are not commensurate with

10  documented ability levels or high absenteeism or habitual

11  truancy as defined in s. 228.041(28).

12         2.  The student has not been successful in school as

13  determined by retentions, failing grades, or low achievement

14  test scores and has needs and interests that cannot be met

15  through traditional programs.

16         3.  The student has been identified as a potential

17  school dropout by student services personnel using district

18  criteria. District criteria that are used as a basis for

19  student referral to an educational alternatives program shall

20  identify specific student performance indicators that the

21  educational alternative program seeks to address.

22         4.  The student has documented drug-related or

23  alcohol-related problems, or has immediate family members with

24  documented drug-related or alcohol-related problems that

25  adversely affect the student's performance in school.

26         5.  The student has a history of disruptive behavior in

27  school or has committed an offense that warrants out-of-school

28  suspension or expulsion from school according to the district

29  code of student conduct. For the purposes of this program,

30  "disruptive behavior" is behavior that:

31

                                 121

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         a.  Interferes with the student's own learning or the

  2  educational process of others and requires attention and

  3  assistance beyond that which the traditional program can

  4  provide or results in frequent conflicts of a disruptive

  5  nature while the student is under the jurisdiction of the

  6  school either in or out of the classroom; or

  7         b.  Severely threatens the general welfare of students

  8  or others with whom the student comes into contact.

  9         6.  The student is assigned to a program provided

10  pursuant to chapter 39, chapter 984, or chapter 985 which is

11  sponsored by a state-based or community-based agency or is

12  operated or contracted for by the Department of Children and

13  Family Services or the Department of Juvenile Justice.

14         (d)1.  "Second chance schools" means school district

15  programs provided through cooperative agreements between the

16  Department of Juvenile Justice, private providers, state or

17  local law enforcement agencies, or other state agencies for

18  students who have been disruptive or violent or who have

19  committed serious offenses.  As partnership programs, second

20  chance schools are eligible for waivers by the Commissioner of

21  Education from chapters 230-235 and 239 and State Board of

22  Education rules that prevent the provision of appropriate

23  educational services to violent, severely disruptive, or

24  delinquent students in small nontraditional settings or in

25  court-adjudicated settings.

26         2.  School districts seeking to enter into a

27  partnership with a private entity or public entity to operate

28  a second chance school for disruptive students may apply to

29  the Department of Education for start-up grants from the

30  Department of Education. These grants must be available for 1

31  year and must be used to offset the start-up costs for

                                 122

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  implementing such programs off public school campuses. General

  2  operating funds must be generated through the appropriate

  3  programs of the Florida Education Finance Program. Grants

  4  approved under this program shall be for the full operation of

  5  the school by a private nonprofit or for-profit provider or

  6  the public entity. This program must operate under rules

  7  adopted by the Department of Education and must be implemented

  8  to the extent funded by the Legislature.

  9         3.2.  A student enrolled in a sixth, seventh, eighth,

10  ninth, or tenth grade class may be assigned to a second chance

11  school if the student meets the following criteria:

12         a.  The student is a habitual truant as defined in s.

13  228.041(28).

14         b.  The student's excessive absences have detrimentally

15  affected the student's academic progress and the student may

16  have unique needs that a traditional school setting may not

17  meet.

18         c.  The student's high incidences of truancy have been

19  directly linked to a lack of motivation.

20         d.  The student has been identified as at risk of

21  dropping out of school.

22         4.3.  A student who is habitually truant may be

23  assigned to a second chance school only if the case staffing

24  committee, established pursuant to s. 984.12, determines that

25  such placement could be beneficial to the student and the

26  criteria included in subparagraph 2. are met.

27         5.4.  A student may be assigned to a second chance

28  school if the school district in which the student resides has

29  a second chance school and if the student meets one of the

30  following criteria:

31

                                 123

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         a.  The student habitually exhibits disruptive behavior

  2  in violation of the code of student conduct adopted by the

  3  school board.

  4         b.  The student interferes with the student's own

  5  learning or the educational process of others and requires

  6  attention and assistance beyond that which the traditional

  7  program can provide, or, while the student is under the

  8  jurisdiction of the school either in or out of the classroom,

  9  frequent conflicts of a disruptive nature occur.

10         c.  The student has committed a serious offense which

11  warrants suspension or expulsion from school according to the

12  district code of student conduct.  For the purposes of this

13  program, "serious offense" is behavior which:

14         (I)  Threatens the general welfare of students or

15  others with whom the student comes into contact;

16         (II)  Includes violence;

17         (III)  Includes possession of weapons or drugs; or

18         (IV)  Is harassment or verbal abuse of school personnel

19  or other students.

20         6.5.  Prior to assignment of students to second chance

21  schools, school boards are encouraged to use alternative

22  programs, such as in-school suspension, which provide

23  instruction and counseling leading to improved student

24  behavior, a reduction in the incidence of truancy, and the

25  development of more effective interpersonal skills.

26         7.6.  Students assigned to second chance schools must

27  be evaluated by the school's local child study team before

28  placement in a second chance school. The study team shall

29  ensure that students are not eligible for placement in a

30  program for emotionally disturbed children.

31

                                 124

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         8.7.  Students who exhibit academic and social progress

  2  and who wish to return to a traditional school shall complete

  3  a character development and law education program, as provided

  4  in s. 233.0612, and demonstrate preparedness to reenter the

  5  regular school setting be evaluated by school district

  6  personnel prior to reentering a traditional school.

  7         9.8.  Second chance schools shall be funded at the

  8  dropout prevention program weight pursuant to s. 236.081 and

  9  may receive school safety funds or other funds as appropriate.

10         Section 50.  Section 231.085, Florida Statutes, is

11  amended to read:

12         231.085  Duties of principals.--A district school board

13  shall employ, through written contract, public school

14  principals who shall supervise the operation and management of

15  the schools and property as the board determines necessary.

16  Each principal shall perform such duties as may be assigned by

17  the superintendent pursuant to the rules of the school board.

18  Such rules shall include, but not be limited to, rules

19  relating to administrative responsibility, instructional

20  leadership of the educational program of the school to which

21  the principal is assigned, submission of personnel

22  recommendations to the superintendent, administrative

23  responsibility for records and reports, administration of

24  corporal punishment, and student suspension.  Each principal

25  shall provide leadership in the development or revision and

26  implementation of a school improvement plan pursuant to s.

27  230.23(16). Each principal must make the necessary provisions

28  to ensure that all school reports are accurate and timely, and

29  must provide the necessary training opportunities for staff to

30  accurately report attendance, FTE program participation,

31  student performance, teacher appraisal, and school safety and

                                 125

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  discipline data.  A principal who fails to comply with this

  2  section shall be ineligible for any portion of the performance

  3  pay policy incentive under s. 230.23(5)(c).

  4         Section 51.  Section 232.001, Florida Statutes, is

  5  created to read:

  6         232.001  Pilot projects.--It is the purpose of this

  7  section to authorize at least three district school boards

  8  identified in the General Appropriations Act to implement

  9  pilot projects that raise the compulsory age of attendance for

10  children from the age of 16 years to 18 years, except for

11  those students who graduate from high school before reaching

12  18 years of age. The pilot project applies to each child who

13  has not attained the age of 16 years by September 30 of the

14  school year in which a school board policy is adopted.

15         (1)  Beginning July 1, 1999, the district school boards

16  as identified in the General Appropriations Act may implement

17  a pilot project consistent with policy adopted by each of the

18  school boards to raise the compulsory age of attendance for

19  children from the age of 16 years to 18 years, except for

20  those students who graduate from high school before reaching

21  18 years of age.

22         (2)  Before the beginning of the school year, each

23  district school board that chooses to participate in the pilot

24  project must adopt a policy for raising the compulsory age of

25  attendance for children from the age of 16 years to 18 years,

26  except for those students who graduate from high school before

27  reaching 18 years of age.

28         (a)  Before the adoption of the policy, each district

29  school board must provide a notice of intent to adopt a policy

30  to raise the compulsory age of attendance for children from

31  the age of 16 years to 18 years, except for those students who

                                 126

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  graduate from high school before reaching 18 years of age. The

  2  notice must be provided to the parent or legal guardian of

  3  each child who is the age of 15 years and who is enrolled in a

  4  school in the district.

  5         (b)  Within 2 weeks after adoption of the school board

  6  policy, each district school board must provide notice of the

  7  policy to the parent or legal guardian of each child who is

  8  the age of 15 years and who is enrolled in a school in the

  9  district. The notice must also provide information related to

10  the penalties for refusing or failing to comply with the

11  compulsory attendance requirements and information on

12  alternative education programs offered within the school

13  district.

14         (3)  All state laws and State Board of Education rules

15  related to students subject to compulsory school attendance

16  apply to a district school board that chooses to participate

17  in a pilot project. Notwithstanding the provisions of s.

18  232.01, the formal declaration of intent to terminate school

19  enrollment does not apply to a district school board that

20  chooses to participate in a pilot project.

21         (4)  Each district school board that chooses to

22  participate in the pilot project must evaluate the effect of

23  the adopted school board policy for raising the compulsory age

24  of attendance on school attendance and the school district's

25  dropout rate, as well as the costs associated with the pilot

26  project. Each school district shall report the findings to the

27  President of the Senate, the Speaker of the House of

28  Representatives, the minority leader of each house, the

29  Governor, and the Commissioner of Education not later than

30  August 1 following each year that the pilot project is in

31  operation.

                                 127

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         Section 52.  Effective July 1, 1999, paragraphs (a),

  2  (b), and (c) of subsection (1) of section 232.01, Florida

  3  Statutes, 1998 Supplement, are amended to read:

  4         232.01  School attendance.--

  5         (1)(a)1.  All children who have attained the age of 6

  6  years or who will have attained the age of 6 years by February

  7  1 of any school year or who are older than 6 years of age but

  8  who have not attained the age of 16 years, except as

  9  hereinafter provided, are required to attend school regularly

10  during the entire school term.

11         1.2.  All children who will have attained the age of 5

12  years on or before September 1 of the school year or who are

13  older than 5 years of age but who have not attained the age of

14  16 years, except as hereinafter provided, are required to

15  attend school regularly during the entire school term are

16  eligible for admission to public kindergartens during that

17  school year under rules prescribed by the school board.

18         2.3.  Children who will have attained the age of 3

19  years on or before September 1 of the school year are eligible

20  for admission to prekindergarten early intervention programs

21  during that school year as provided in s. 230.2305 or a

22  preschool program as provided in s. 228.061.

23         (b)  Any child who has attained the age of 5 6 years on

24  or before September 1 of the school year and who has been

25  enrolled in a public school or who has attained the age of 6

26  years on or before September 1 and has satisfactorily

27  completed the requirements for kindergarten in a nonpublic

28  school from which the district school board accepts transfer

29  of academic credit, or who otherwise meets the criteria for

30  admission or transfer in a manner similar to that applicable

31  to other grades, shall progress according to the district's

                                 128

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  pupil progression plan; provided, however, that each

  2  district's pupil progression plan shall include kindergarten

  3  for the full length of the regular school day. However,

  4  nothing in this section shall authorize the state or any

  5  school district to oversee or exercise control over the

  6  curricula or academic programs of nonpublic schools or home

  7  education programs.

  8         (c)  A child who attains the age of 16 years during the

  9  school year is not subject to compulsory school attendance

10  beyond the date upon which he or she attains that age if the

11  child files a formal declaration of intent to terminate school

12  enrollment with the district school board. The declaration

13  must acknowledge that terminating school enrollment is likely

14  to reduce the student's earning potential and must be signed

15  by the child and the child's parent or legal guardian. The

16  school district must notify the child's parent or legal

17  guardian of receipt of the child's declaration of intent to

18  terminate school enrollment.  Compulsory school attendance

19  requirements shall apply until such time as the student turns

20  18, unless the student graduates before reaching 18 years of

21  age, or until the parent or legal guardian signs the

22  declaration.  A child who attains the age of 18 years during

23  the school year is not subject to compulsory school attendance

24  beyond the date upon which he or she attains that age.

25         Section 53.  Section 232.17, Florida Statutes, 1998

26  Supplement, is amended to read:

27         232.17  Enforcement of school attendance.--The

28  Legislature finds that poor academic performance is associated

29  with nonattendance and that schools must take an active role

30  in enforcing attendance as a means of improving the

31  performance of many students. It is the policy of the state

                                 129

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  that the superintendent of each school district be responsible

  2  for enforcing school attendance of all children and youth

  3  subject to the compulsory school age in the school district.

  4  The responsibility includes recommending to the school board

  5  policies and procedures to ensure that schools respond in a

  6  timely manner to every unexcused absence, or absence for which

  7  the reason is unknown, of students enrolled in the schools.

  8  School board policies must require each parent or guardian of

  9  a student to justify each absence of the student, and that

10  justification will be evaluated based on adopted school board

11  policies that define excused and unexcused absences. The

12  policies must provide that schools track excused and unexcused

13  absences and contact the home in the case of an unexcused

14  absence from school, or absence for which the reason is

15  unknown, to prevent the development of patterns of

16  nonattendance. The Legislature finds that early intervention

17  in school attendance matters is the most effective way of

18  producing good attendance habits that will lead to improved

19  student learning and achievement. Each public school shall

20  implement the following steps to enforce regular school

21  attendance:

22         (1)  CONTACT, REFER, AND ENFORCE.--

23         (a)  Upon each unexcused absence, or absence for which

24  the reason is unknown, the school principal or his or her

25  designee shall contact the home to determine the reason for

26  the absence. If the absence is an excused absence, as defined

27  by school board policy, the school shall provide opportunities

28  for the student to make up assigned work and not receive an

29  academic penalty unless the work is not made up within a

30  reasonable time.

31

                                 130

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         (b)  If a student has had at least five unexcused

  2  absences, or absences for which the reason is unknown, within

  3  a calendar month or ten unexcused absences, or absences for

  4  which the reason is unknown, within a 90 calendar day period,

  5  the student's primary teacher shall report to the school

  6  principal or his or her designee that the student may be

  7  exhibiting a pattern of nonattendance. The principal shall,

  8  unless there is clear evidence that the absences are not a

  9  pattern of nonattendance, refer the case to the school's child

10  study team to determine if early patterns of truancy are

11  developing. If the child study team finds that a pattern of

12  nonattendance is developing, whether the absences are excused

13  or not, a meeting with the parent must be scheduled to

14  identify potential remedies.

15         (c)  If an initial meeting does not resolve the

16  problem, the child study team shall implement interventions

17  that best address the problem. The interventions may include,

18  but need not be limited to:

19         1.  Frequent communication between the teacher and the

20  family;

21         2.  Changes in the learning environment;

22         3.  Mentoring;

23         4.  Student counseling;

24         5.  Tutoring, including peer tutoring;

25         6.  Placement into different classes;

26         7.  Evaluation for alternative education programs;

27         8.  Attendance contracts;

28         9.  Referral to other agencies for family services; or

29         10.  Other interventions.

30         (d)  The child study team shall be diligent in

31  facilitating intervention services and shall report the case

                                 131

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  to the superintendent only when all reasonable efforts to

  2  resolve the nonattendance behavior are exhausted.

  3         (e)  If the parent, guardian, or other person in charge

  4  of the child refuses to participate in the remedial strategies

  5  because he or she believes that those strategies are

  6  unnecessary or inappropriate, the parent, guardian, or other

  7  person in charge of the child may appeal to the school board.

  8  The school board may provide a hearing officer and the hearing

  9  officer shall make a recommendation for final action to the

10  board.  If the board's final determination is that the

11  strategies of the child study team are appropriate, and the

12  parent, guardian, or other person in charge of the child still

13  refuses to participate or cooperate, the superintendent may

14  seek criminal prosecution for noncompliance with compulsory

15  school attendance.

16         (f)  If the parent, guardian, or other person in charge

17  of the child reports to the child study team or other

18  designated school representative that the child subject to

19  compulsory school attendance is ungovernable and will not

20  comply with attempts to enforce school attendance, then the

21  superintendent shall file a child-in-need-of-services petition

22  or family-in-need-of-services petition seeking services from

23  the Department of Juvenile Justice and a court order to attend

24  school. The superintendent shall provide evidence to the court

25  that the school system is prepared to provide a learning

26  environment for the student that is responsive to the

27  student's learning needs and that all reasonable efforts to

28  resolve the nonattendance behavior have been exhausted. The

29  court may enforce a contempt of court order if the child

30  refuses to comply. Pursuant to procedures established by the

31  district school board, a designated school representative must

                                 132

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  complete activities designed to determine the cause and

  2  attempt the remediation of truant behavior, as provided in

  3  this section.

  4         (1)  INVESTIGATE NONENROLLMENT AND UNEXCUSED

  5  ABSENCES.--A designated school representative shall

  6  investigate cases of nonenrollment and unexcused absences from

  7  school of all children subject to compulsory school

  8  attendance.

  9         (2)  GIVE WRITTEN NOTICE.--

10         (a)  Under the direction of the superintendent, a

11  designated school representative shall give written notice, in

12  person or by return-receipt mail, to the parent, guardian, or

13  other person having control when no valid reason is found for

14  a child's nonenrollment in school which requires or when the

15  child has a minimum of 3 but fewer than 6 unexcused absences

16  within 90 calendar days, requiring enrollment and or

17  attendance within 3 days after the date of notice. If the

18  notice and requirement are ignored, the designated school

19  representative shall report the case to the superintendent,

20  and may refer the case to the case staffing committee,

21  established pursuant to s. 984.12, if the conditions of s.

22  232.19(3) have been met. the superintendent shall may take

23  such steps as are necessary to bring criminal prosecution

24  against the parent, guardian, or other person having control.

25         (b)  Subsequent to the activities required under

26  subsection (1), the superintendent or his or her designee

27  shall give written notice in person or by return-receipt mail

28  to the parent, guardian, or other person in charge of the

29  child that criminal prosecution is being sought for

30  nonattendance.  The superintendent may file a truancy petition

31

                                 133

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  in truancy court, as defined in s. 984.03, following the

  2  procedures outlined in s. 984.151.

  3         (3)  RETURN CHILD TO PARENT.--A designated school

  4  representative shall visit the home or place of residence of a

  5  child and any other place in which he or she is likely to find

  6  any child who is required to attend school when such child is

  7  not enrolled or is absent from school during school hours

  8  without an excuse, and, when the child is found, shall return

  9  the child to his or her parent or to the principal or teacher

10  in charge of the school, or to the private tutor from whom

11  absent, or to the juvenile assessment center or other location

12  established by the school board to receive students who are

13  absent from school. Upon receipt of the student, the parent

14  shall be immediately notified.

15         (4)  REPORT TO THE DIVISION OF JOBS AND BENEFITS.--A

16  designated school representative shall report to the Division

17  of Jobs and Benefits of the Department of Labor and Employment

18  Security or to any person acting in similar capacity who may

19  be designated by law to receive such notices, all violations

20  of the Child Labor Law that may come to his or her knowledge.

21         (5)  RIGHT TO INSPECT.--A designated school

22  representative shall have the same right of access to, and

23  inspection of, establishments where minors may be employed or

24  detained as is given by law to the Division of Jobs and

25  Benefits only for the purpose of ascertaining whether children

26  of compulsory school age are actually employed there and are

27  actually working there regularly. The designated school

28  representative shall, if he or she finds unsatisfactory

29  working conditions or violations of the Child Labor Law,

30  report his or her findings to the Division of Jobs and

31  Benefits or its agents.

                                 134

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         (6)  RESUMING SERIES.--If a child repeats a pattern of

  2  nonattendance within one school year, the designated school

  3  representative shall resume the series of escalating

  4  activities at the point at which he or she had previously left

  5  off.

  6         Section 54.  Subsection (3) of section 232.19, Florida

  7  Statutes, 1998 Supplement, is amended to read:

  8         232.19  Court procedure and penalties.--The court

  9  procedure and penalties for the enforcement of the provisions

10  of this chapter, relating to compulsory school attendance,

11  shall be as follows:

12         (3)  HABITUAL TRUANCY CASES.--The superintendent is

13  authorized to file a truancy petition in truancy court, as

14  defined in s. 984.03, following the procedures outlined in s.

15  984.151. If the superintendent chooses not to file a truancy

16  petition, procedures for filing a child-in-need-of-services

17  petition shall be commenced pursuant to this subsection.  In

18  accordance with procedures established by the district school

19  board, the designated school representative shall refer a

20  student who is habitually truant and the student's family to

21  the children-in-need-of-services and

22  families-in-need-of-services provider or the case staffing

23  committee, established pursuant to s. 984.12, as determined by

24  the cooperative agreement required in this section.  The case

25  staffing committee may request the Department of Juvenile

26  Justice or its designee to file a child-in-need-of-services

27  petition based upon the report and efforts of the school

28  district or other community agency or may seek to resolve the

29  truant behavior through the school or community-based

30  organizations or agencies. Prior to and subsequent to the

31  filing of a child-in-need-of-services petition due to habitual

                                 135

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  truancy, the appropriate governmental agencies must allow a

  2  reasonable time to complete actions required by this

  3  subsection to remedy the conditions leading to the truant

  4  behavior. However, a court order requiring school attendance

  5  shall be obtained as a necessary part of such services. The

  6  following criteria must be met and documented in writing Prior

  7  to the filing of a petition, the school district must have

  8  complied with the requirements of s. 232.17, and those efforts

  9  must have been unsuccessful.:

10         (a)  The child must have 15 unexcused absences within

11  90 calendar days with or without the knowledge or consent of

12  the child's parent or legal guardian, must be subject to

13  compulsory school attendance, and must not be exempt under s.

14  232.06, s. 232.09, or any other exemption specified by law or

15  the rules of the State Board of Education.

16         (b)  In addition to the actions described in s. 232.17,

17  the school administration must have completed the following

18  activities to determine the cause, and to attempt the

19  remediation, of the child's truant behavior:

20         1.  After a minimum of 3 and prior to 6 unexcused

21  absences within 90 calendar days, one or more meetings must

22  have been held, either in person or by phone, between a

23  designated school representative, the child's parent or

24  guardian, and the child, if necessary, to report and to

25  attempt to solve the truancy problem. However, if the

26  designated school representative has documented the refusal of

27  the parent or guardian to participate in the meetings, this

28  requirement has been met.

29         2.  Educational counseling must have been provided to

30  determine whether curriculum changes would help solve the

31  truancy problem, and, if any changes were indicated, such

                                 136

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  changes must have been instituted but proved unsuccessful in

  2  remedying the truant behavior. Such curriculum changes may

  3  include enrollment of the child in a dropout prevention

  4  program that meets the specific educational and behavioral

  5  needs of the child, including a second chance school, as

  6  provided for in s. 230.2316, designed to resolve truant

  7  behavior.

  8         3.  Educational evaluation, which may include

  9  psychological evaluation, must have been provided to assist in

10  determining the specific condition, if any, that is

11  contributing to the child's nonattendance.  The evaluation

12  must have been supplemented by specific efforts by the school

13  to remedy any diagnosed condition.

14

15  If a child who is subject to compulsory school attendance is

16  responsive to the interventions described in this paragraph

17  and has completed the necessary requirements to pass the

18  current grade as indicated in the district pupil progression

19  plan, the child shall be passed.

20         Section 55.  Effective July 1, 1999, paragraph (a) of

21  subsection (1) of section 236.081, Florida Statutes, 1998

22  Supplement, is amended to read:

23         236.081  Funds for operation of schools.--If the annual

24  allocation from the Florida Education Finance Program to each

25  district for operation of schools is not determined in the

26  annual appropriations act or the substantive bill implementing

27  the annual appropriations act, it shall be determined as

28  follows:

29         (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR

30  OPERATION.--The following procedure shall be followed in

31

                                 137

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  determining the annual allocation to each district for

  2  operation:

  3         (a)  Determination of full-time equivalent

  4  membership.--During each of several school weeks, including

  5  scheduled intersessions of a year-round school program during

  6  the fiscal year, a program membership survey of each school

  7  shall be made by each district by aggregating the full-time

  8  equivalent student membership of each program by school and by

  9  district.  The department shall establish the number and

10  interval of membership calculations, except that for basic and

11  special programs such calculations shall not exceed nine for

12  any fiscal year.  The district's full-time equivalent

13  membership shall be computed and currently maintained in

14  accordance with regulations of the commissioner. Beginning

15  with school year 1999-2000, each school district shall also

16  document the daily attendance of each student in membership by

17  school and by district. An average daily attendance factor

18  shall be computed by dividing the total daily attendance of

19  all students by the total number of students in membership and

20  then by the number of days in the regular school year.

21  Beginning with school year 2001-2002, the district's full-time

22  equivalent membership shall be adjusted by multiplying by the

23  average daily attendance factor.

24         Section 56.  Paragraph (b) of subsection (4), and

25  paragraphs (a) and (b) of subsection (5) of section 240.529,

26  Florida Statutes, are amended to read:

27         240.529  Public accountability and state approval for

28  teacher preparation programs.--

29         (4)  CONTINUED PROGRAM APPROVAL.--Notwithstanding

30  subsection (3), failure by a public or nonpublic teacher

31  preparation program to meet the criteria for continued program

                                 138

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  approval shall result in loss of program approval. The

  2  Department of Education, in collaboration with the departments

  3  and colleges of education, shall develop procedures for

  4  continued program approval which document the continuous

  5  improvement of program processes and graduates' performance.

  6         (b)  Additional criteria for continued program approval

  7  for public institutions may be developed by the Education

  8  Standards Commission and approved by the State Board of

  9  Education. Such criteria must emphasize outcome measures of

10  student performance in the areas of classroom management and

11  improving the performance of students who have traditionally

12  failed to meet student achievement goals and have been

13  overrepresented in school suspensions and other disciplinary

14  actions, and may include, but need not be limited to, program

15  graduates' satisfaction with training and the unit's

16  responsiveness to local school districts. Additional criteria

17  for continued program approval for nonpublic institutions

18  shall be developed in the same manner as for public

19  institutions; however, such criteria must be based upon

20  significant, objective, and quantifiable graduate performance

21  measures. Responsibility for collecting data on outcome

22  measures through survey instruments and other appropriate

23  means shall be shared by the institutions of higher education,

24  the Board of Regents, the State Board of Independent Colleges

25  and Universities, and the Department of Education. By January

26  1 of each year, the Department of Education, in cooperation

27  with the Board of Regents and the State Board of Independent

28  Colleges and Universities, shall report this information for

29  each postsecondary institution that has state-approved

30  programs of teacher education to the Governor, the

31  Commissioner of Education, the Chancellor of the State

                                 139

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  University System, the President of the Senate, the Speaker of

  2  the House of Representatives, all Florida postsecondary

  3  teacher preparation programs, and interested members of the

  4  public. This report must analyze the data and make

  5  recommendations for improving teacher preparation programs in

  6  the state.

  7         (5)  PRESERVICE FIELD EXPERIENCE.--All postsecondary

  8  instructors, school district personnel and instructional

  9  personnel, and school sites preparing instructional personnel

10  through preservice field experience courses and internships

11  shall meet special requirements.

12         (a)  All instructors in postsecondary teacher

13  preparation programs who instruct or supervise preservice

14  field experience courses or internships shall have at least

15  one of the following: specialized training in clinical

16  supervision; a valid professional teaching certificate

17  pursuant to ss. 231.17 and 231.24; or at least 3 years of

18  successful teaching experience in prekindergarten through

19  grade 12; or a commitment to spend periods of time specified

20  by State Board of Education rule teaching in the public

21  schools.

22         (b)  All school district personnel and instructional

23  personnel who supervise or direct teacher preparation students

24  during field experience courses or internships must have

25  evidence of "clinical educator" training. The Education

26  Standards Commission shall recommend, and the state board

27  shall approve, the training requirements.

28         Section 57.  Subsection (29) of section 984.03, Florida

29  Statutes, 1998 Supplement, is amended, subsection (57) of said

30  section is renumbered as subsection (59), and new subsections

31  (57) and (58) are added to said section, to read:

                                 140

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         984.03  Definitions.--When used in this chapter, the

  2  term:

  3         (29)  "Habitually truant" means that:

  4         (a)  The child has 15 unexcused absences within 90

  5  calendar days with or without the knowledge or justifiable

  6  consent of the child's parent or legal guardian, is subject to

  7  compulsory school attendance under s. 232.01, and is not

  8  exempt under s. 232.06, s. 232.09, or any other exemptions

  9  specified by law or the rules of the State Board of Education.

10         (b)  Escalating Activities to determine the cause, and

11  to attempt the remediation, of the child's truant behavior

12  under ss. 232.17 and 232.19 have been completed.

13

14  If a child who is subject to compulsory school attendance is

15  responsive to the interventions described in ss. 232.17 and

16  232.19 and has completed the necessary requirements to pass

17  the current grade as indicated in the district pupil

18  progression plan, the child shall not be determined to be

19  habitually truant and shall be passed. If a child within the

20  compulsory school attendance age has 15 unexcused absences

21  within 90 calendar days or fails to enroll in school, the

22  State Attorney shall may file a child-in-need-of-services

23  petition unless,. Prior to filing a petition, the child must

24  be referred to the appropriate agency for evaluation. after

25  consulting with the evaluating agency, the State Attorney

26  determines that another alternative placement is preferable

27  may elect to file a child-in-need-of-services petition.

28         (c)  A school representative, designated according to

29  school board policy, and a juvenile probation officer of the

30  Department of Juvenile Justice have jointly investigated the

31  truancy problem or, if that was not feasible, have performed

                                 141

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  separate investigations to identify conditions that may be

  2  contributing to the truant behavior; and if, after a joint

  3  staffing of the case to determine the necessity for services,

  4  such services were determined to be needed, the persons who

  5  performed the investigations met jointly with the family and

  6  child to discuss any referral to appropriate community

  7  agencies for economic services, family or individual

  8  counseling, or other services required to remedy the

  9  conditions that are contributing to the truant behavior.

10         (d)  The failure or refusal of the parent or legal

11  guardian or the child to participate, or make a good faith

12  effort to participate, in the activities prescribed to remedy

13  the truant behavior, or the failure or refusal of the child to

14  return to school after participation in activities required by

15  this subsection, or the failure of the child to stop the

16  truant behavior after the school administration and the

17  Department of Juvenile Justice have worked with the child as

18  described in s. 232.19(3) and (4) shall be handled as

19  prescribed in s. 232.19.

20         (57)  "Truancy court" means the circuit court's chosen

21  delegation of the authority to hear a truancy petition to a

22  hearing officer who shall have all the authority of the

23  circuit court for the purpose of hearing the truancy petition

24  and ordering sanctions under s. 984.151.

25         (58)  "Truancy petition" means a petition filed by the

26  school superintendent alleging that a student subject to

27  compulsory school attendance has had more than 15 unexcused

28  absences in a 90 calendar day period.  A truancy petition is

29  filed in truancy court and processed under s. 984.151.

30         Section 58.  Section 984.151, Florida Statutes, is

31  created to read:

                                 142

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         984.151  Truancy court; petition; prosecution;

  2  disposition.--

  3         (1)  If the school determines that a student subject to

  4  compulsory school attendance has had more than 15 unexcused

  5  absences in a 90 calendar day period, the superintendent may

  6  file a truancy petition in truancy court.

  7         (2)  The petition shall be filed in the circuit where

  8  the student is enrolled in school.

  9         (3)  Original jurisdiction to hear a truancy petition

10  shall be in the circuit court; however, the circuit court may

11  choose to delegate this authority to a special hearing master

12  trained in truancy issues.

13         (4)  The petition shall contain the following:  name,

14  age, and address of the student, name and address of the

15  student's parent or guardian; school where the student is

16  enrolled; what efforts the school has made to get the student

17  to attend school; number of out-of-school contacts between the

18  school system and student's parent or guardian; number of days

19  and dates of days the student has missed school.  The petition

20  shall be sworn to by the superintendent or his or her

21  designee.

22         (5)  Once the petition is filed, the truancy court

23  shall hear the petition within 30 days.

24         (6)  The student and the student's parent or guardian

25  shall attend the hearing.

26         (7)  If the court determines that the student did miss

27  any of the alleged days, the court shall order the student to

28  attend school and the parent to ensure that the student

29  attends school, and may order any of the following:  the

30  student to participate in alternative sanctions to include

31  mandatory attendance at alternative classes to be followed by

                                 143

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  mandatory community services hours for a period up to 6

  2  months; the student and the student's parent or guardian to

  3  participate in homemaker or parent aide services; the student

  4  or the student's parent or guardian to participate in

  5  intensive crisis counseling; the student or the student's

  6  parent or guardian to participate in community mental health

  7  services if available and applicable; the student and the

  8  student's parent or guardian to participate in service

  9  provided by voluntary or community agencies as available; the

10  student or the student's parent or guardian to participate in

11  vocational, job training, or employment services.

12         (8)  If the student does not successfully complete the

13  sanctions ordered in subsection (7), the case shall be

14  referred to the case staffing committee under s. 984.12 with a

15  recommendation to file a child-in-need-of-services petition

16  under s. 984.15.

17         Section 59.  For the purpose of incorporating

18  amendments to sections or subdivisions of the Florida Statutes

19  included in sections 1 through 16 of this act in references

20  thereto, the sections or subdivisions of Florida Statutes or

21  Florida Statutes, 1998 Supplement, set forth below are

22  reenacted to read:

23         24.121  Allocation of revenues and expenditure of funds

24  for public education.--

25         (5)

26         (b)  Except as provided in paragraphs (c), (d), and

27  (e), the Legislature shall equitably apportion moneys in the

28  trust fund among public schools, community colleges, and

29  universities.

30         (c)  A portion of such net revenues, as determined

31  annually by the Legislature, shall be distributed to each

                                 144

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  school district and shall be made available to each public

  2  school in the district for enhancing school performance

  3  through development and implementation of a school improvement

  4  plan pursuant to s. 230.23(16). A portion of these moneys, as

  5  determined annually in the General Appropriations Act, must be

  6  allocated to each school in an equal amount for each student

  7  enrolled.  These moneys may be expended only on programs or

  8  projects selected by the school advisory council or by a

  9  parent advisory committee created pursuant to this paragraph.

10  If a school does not have a school advisory council, the

11  district advisory council must appoint a parent advisory

12  committee composed of parents of students enrolled in that

13  school, which committee is representative of the ethnic,

14  racial, and economic community served by the school, to advise

15  the school's principal on the programs or projects to be

16  funded.  A principal may not override the recommendations of

17  the school advisory council or the parent advisory committee.

18  These moneys may not be used for capital improvements, nor may

19  they be used for any project or program that has a duration of

20  more than 1 year; however, a school advisory council or parent

21  advisory committee may independently determine that a program

22  or project formerly funded under this paragraph should receive

23  funds in a subsequent year.

24         120.81  Exceptions and special requirements; general

25  areas.--

26         (1)  EDUCATIONAL UNITS.--

27         (b)  Notwithstanding s. 120.52(15), any tests, test

28  scoring criteria, or testing procedures relating to student

29  assessment which are developed or administered by the

30  Department of Education pursuant to s. 229.57, s. 232.245, s.

31

                                 145

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  232.246, or s. 232.247, or any other statewide educational

  2  tests required by law, are not rules.

  3         228.056  Charter schools.--

  4         (9)  CHARTER.--The major issues involving the operation

  5  of a charter school shall be considered in advance and written

  6  into the charter. The charter shall be signed by the governing

  7  body of the charter school and the sponsor, following a public

  8  hearing to ensure community input.

  9         (e)  A sponsor shall ensure that the charter is

10  innovative and consistent with the state education goals

11  established by s. 229.591.

12         228.0565  Deregulated public schools.--

13         (6)  ELEMENTS OF THE PROPOSAL.--The major issues

14  involving the operation of a deregulated public school shall

15  be considered in advance and written into the proposal.

16         (b)  The school shall make annual progress reports to

17  the district, which upon verification shall be forwarded to

18  the Commissioner of Education at the same time as other annual

19  school accountability reports.  The report shall contain at

20  least the following information:

21         1.  The school's progress towards achieving the goals

22  outlined in its proposal.

23         2.  The information required in the annual school

24  report pursuant to s. 229.592.

25         3.  Financial records of the school, including revenues

26  and expenditures.

27         4.  Salary and benefit levels of school employees.

28         (c)  A school district shall ensure that the proposal

29  is innovative and consistent with the state education goals

30  established by s. 229.591.

31

                                 146

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         (d)  Upon receipt of the annual report required by

  2  paragraph (b), the Department of Education shall provide to

  3  the State Board of Education, the Commissioner of Education,

  4  the President of the Senate, and the Speaker of the House of

  5  Representatives with a copy of each report and an analysis and

  6  comparison of the overall performance of students, to include

  7  all students in deregulated public schools whose scores are

  8  counted as part of the norm-referenced assessment tests,

  9  versus comparable public school students in the district as

10  determined by norm-referenced assessment tests currently

11  administered in the school district, and, as appropriate, the

12  Florida Writes Assessment Test, the High School Competency

13  Test, and other assessments administered pursuant to s.

14  229.57(3).

15         228.301  Test security.--

16         (1)  It is unlawful for anyone knowingly and willfully

17  to violate test security rules adopted by the State Board of

18  Education or the Commissioner of Education for mandatory tests

19  administered by or through the State Board of Education or the

20  Commissioner of Education to students, educators, or

21  applicants for certification or administered by school

22  districts pursuant to s. 229.57, or, with respect to any such

23  test, knowingly and willfully to:

24         (a)  Give examinees access to test questions prior to

25  testing;

26         (b)  Copy, reproduce, or use in any manner inconsistent

27  with test security rules all or any portion of any secure test

28  booklet;

29         (c)  Coach examinees during testing or alter or

30  interfere with examinees' responses in any way;

31         (d)  Make answer keys available to examinees;

                                 147

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         (e)  Fail to follow security rules for distribution and

  2  return of secure test as directed, or fail to account for all

  3  secure test materials before, during, and after testing;

  4         (f)  Fail to follow test administration directions

  5  specified in the test administration manuals; or

  6         (g)  Participate in, direct, aid, counsel, assist in,

  7  or encourage any of the acts prohibited in this section.

  8         229.551  Educational management.--

  9         (1)  The department is directed to identify all

10  functions which under the provisions of this act contribute

11  to, or comprise a part of, the state system of educational

12  accountability and to establish within the department the

13  necessary organizational structure, policies, and procedures

14  for effectively coordinating such functions.  Such policies

15  and procedures shall clearly fix and delineate

16  responsibilities for various aspects of the system and for

17  overall coordination of the total system.  The commissioner

18  shall perform the following duties and functions:

19         (c)  Development of database definitions and all other

20  items necessary for full implementation of a comprehensive

21  management information system as required by s. 229.555;

22         (3)  As a part of the system of educational

23  accountability, the department shall:

24         (a)  Develop minimum performance standards for various

25  grades and subject areas, as required in ss. 229.565 and

26  229.57.

27         (b)  Administer the statewide assessment testing

28  program created by s. 229.57.

29         (c)  Develop and administer an educational evaluation

30  program, including the provisions of the Plan for Educational

31

                                 148

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  Assessment developed pursuant to s. 9, chapter 70-399, Laws of

  2  Florida, and adopted by the State Board of Education.

  3         (d)  Review the school advisory councils of each

  4  district as required by s. 229.58.

  5         (e)  Conduct the program evaluations required by s.

  6  229.565.

  7         (f)  Maintain a listing of college-level communication

  8  and computation skills defined by the Articulation

  9  Coordinating Committee as being associated with successful

10  student performance through the baccalaureate level and submit

11  the same to the State Board of Education for approval.

12         (g)  Maintain a listing of tests and other assessment

13  procedures which measure and diagnose student achievement of

14  college-level communication and computation skills and submit

15  the same to the State Board of Education for approval.

16         (h)  Maintain for the information of the State Board of

17  Education and the Legislature a file of data compiled by the

18  Articulation Coordinating Committee to reflect achievement of

19  college-level communication and computation competencies by

20  students in state universities and community colleges.

21         (i)  Develop or contract for, and submit to the State

22  Board of Education for approval, tests which measure and

23  diagnose student achievement of college-level communication

24  and computation skills.  Any tests and related documents

25  developed are exempt from the provisions of s. 119.07(1).  The

26  commissioner shall maintain statewide responsibility for the

27  administration of such tests and may assign administrative

28  responsibilities for the tests to any public university or

29  community college.  The state board, upon recommendation of

30  the commissioner, is authorized to enter into contracts for

31  such services beginning in one fiscal year and continuing into

                                 149

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  the next year which are paid from the appropriation for either

  2  or both fiscal years.

  3         (j)  Perform any other functions that may be involved

  4  in educational planning, research, and evaluation or that may

  5  be required by the commissioner, the State Board of Education,

  6  or law.

  7         230.03  Management, control, operation, administration,

  8  and supervision.--The district school system must be managed,

  9  controlled, operated, administered, and supervised as follows:

10         (4)  PRINCIPAL OR HEAD OF SCHOOL.--Responsibility for

11  the administration of any school or schools at a given school

12  center, for the supervision of instruction therein, and for

13  providing leadership in the development or revision and

14  implementation of a school improvement plan required pursuant

15  to s. 230.23(16) shall be delegated to the principal or head

16  of the school or schools as hereinafter set forth and in

17  accordance with rules established by the school board.

18         230.2316  Dropout prevention.--

19         (4)  PROGRAM IMPLEMENTATION.--

20         (b)  Each school that establishes or continues a

21  dropout prevention program at that school site shall reflect

22  that program in the school improvement plan as required under

23  s. 230.23(16).

24         231.24  Process for renewal of professional

25  certificates.--

26         (3)  For the renewal of a professional certificate, the

27  following requirements must be met:

28         (a)  The applicant must earn a minimum of 6 college

29  credits or 120 inservice points or a combination thereof. For

30  each area of specialization to be retained on a certificate,

31  the applicant must earn at least 3 of the required credit

                                 150

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  hours or equivalent inservice points in the specialization

  2  area. Education in "clinical educator" training pursuant to s.

  3  240.529(5)(b) and credits or points that provide training in

  4  the area of exceptional student education, normal child

  5  development, and the disorders of development may be applied

  6  toward any specialization area. Credits or points that provide

  7  training in the areas of drug abuse, child abuse and neglect,

  8  strategies in teaching students having limited proficiency in

  9  English, or dropout prevention, or training in areas

10  identified in the educational goals and performance standards

11  adopted pursuant to ss. 229.591(3) and 229.592 may be applied

12  toward any specialization area. Credits or points earned

13  through approved summer institutes may be applied toward the

14  fulfillment of these requirements. Inservice points may also

15  be earned by participation in professional growth components

16  approved by the State Board of Education and specified

17  pursuant to s. 236.0811 in the district's approved master plan

18  for inservice educational training, including, but not limited

19  to, serving as a trainer in an approved teacher training

20  activity, serving on an instructional materials committee or a

21  state board or commission that deals with educational issues,

22  or serving on an advisory council created pursuant to s.

23  229.58.

24         231.36  Contracts with instructional staff,

25  supervisors, and principals.--

26         (3)

27         (e)  A professional service contract shall be renewed

28  each year unless the superintendent, after receiving the

29  recommendations required by s. 231.29, charges the employee

30  with unsatisfactory performance and notifies the employee of

31  performance deficiencies as required by s. 231.29. An employee

                                 151

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  who holds a professional service contract on July 1, 1997, is

  2  subject to the procedures set forth in paragraph (f) during

  3  the term of the existing professional service contract. The

  4  employee is subject to the procedures set forth in s.

  5  231.29(3)(d) upon the next renewal of the professional service

  6  contract; however, if the employee is notified of performance

  7  deficiencies before the next contract renewal date, the

  8  procedures of s. 231.29(3)(d) do not apply until the

  9  procedures set forth in paragraph (f) have been exhausted and

10  the professional service contract is subsequently renewed.

11         (f)  The superintendent shall notify an employee who

12  holds a professional service contract on July 1, 1997, in

13  writing, no later than 6 weeks prior to the end of the

14  postschool conference period, of performance deficiencies

15  which may result in termination of employment, if not

16  corrected during the subsequent year of employment (which

17  shall be granted for an additional year in accordance with the

18  provisions in subsection (1)). Except as otherwise hereinafter

19  provided, this action shall not be subject to the provisions

20  of chapter 120, but the following procedures shall apply:

21         1.  On receiving notice of unsatisfactory performance,

22  the employee, on request, shall be accorded an opportunity to

23  meet with the superintendent or the superintendent's designee

24  for an informal review of the determination of unsatisfactory

25  performance.

26         2.  An employee notified of unsatisfactory performance

27  may request an opportunity to be considered for a transfer to

28  another appropriate position, with a different supervising

29  administrator, for the subsequent year of employment.

30         3.  During the subsequent year, the employee shall be

31  provided assistance and inservice training opportunities to

                                 152

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  help correct the noted performance deficiencies.  The employee

  2  shall also be evaluated periodically so that he or she will be

  3  kept apprised of progress achieved.

  4         4.  Not later than 6 weeks prior to the close of the

  5  postschool conference period of the subsequent year, the

  6  superintendent, after receiving and reviewing the

  7  recommendation required by s. 231.29, shall notify the

  8  employee, in writing, whether the performance deficiencies

  9  have been corrected.  If so, a new professional service

10  contract shall be issued to the employee.  If the performance

11  deficiencies have not been corrected, the superintendent may

12  notify the school board and the employee, in writing, that the

13  employee shall not be issued a new professional service

14  contract; however, if the recommendation of the superintendent

15  is not to issue a new professional service contract, and if

16  the employee wishes to contest such recommendation, the

17  employee will have 15 days from receipt of the

18  superintendent's recommendation to demand, in writing, a

19  hearing. In such hearing, the employee may raise as an issue,

20  among other things, the sufficiency of the superintendent's

21  charges of unsatisfactory performance.  Such hearing shall be

22  conducted at the school board's election in accordance with

23  one of the following procedures:

24         a.  A direct hearing conducted by the school board

25  within 60 days of receipt of the written appeal. The hearing

26  shall be conducted in accordance with the provisions of ss.

27  120.569 and 120.57. A majority vote of the membership of the

28  school board shall be required to sustain the superintendent's

29  recommendation.  The determination of the school board shall

30  be final as to the sufficiency or insufficiency of the grounds

31  for termination of employment; or

                                 153

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         b.  A hearing conducted by an administrative law judge

  2  assigned by the Division of Administrative Hearings of the

  3  Department of Management Services. The hearing shall be

  4  conducted within 60 days of receipt of the written appeal in

  5  accordance with chapter 120. The recommendation of the

  6  administrative law judge shall be made to the school board.  A

  7  majority vote of the membership of the school board shall be

  8  required to sustain or change the administrative law judge's

  9  recommendation. The determination of the school board shall be

10  final as to the sufficiency or insufficiency of the grounds

11  for termination of employment.

12         232.2454  District student performance standards,

13  instruments, and assessment procedures.--

14         (1)  School districts are required to obtain or develop

15  and implement assessments of student achievement as necessary

16  to accurately measure student progress and to report this

17  progress to parents or legal guardians according to s.

18  232.245. Each school district shall implement the assessment

19  program pursuant to the procedures it adopts.

20         232.246  General requirements for high school

21  graduation.--

22         (5)  Each district school board shall establish

23  standards for graduation from its schools, and these standards

24  must include:

25         (a)  Earning passing scores on the high school

26  competency test defined in s. 229.57(3)(c).

27         (b)  Completion of all other applicable requirements

28  prescribed by the district school board pursuant to s.

29  232.245.

30         232.248  Confidentiality of assessment

31  instruments.--All examination and assessment instruments,

                                 154

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  including developmental materials and workpapers directly

  2  related thereto, which are prepared, prescribed, or

  3  administered pursuant to ss. 229.57, 232.245, 232.246, and

  4  232.247 shall be confidential and exempt from the provisions

  5  of s. 119.07(1) and from ss. 229.781 and 230.331.  Provisions

  6  governing access, maintenance, and destruction of such

  7  instruments and related materials shall be prescribed by rules

  8  of the state board.

  9         232.2481  Graduation and promotion requirements for

10  publicly operated schools.--

11         (1)  Each state or local public agency, including the

12  Department of Health and Rehabilitative Services, the

13  Department of Corrections, the Board of Regents, boards of

14  trustees of community colleges, and the Board of Trustees of

15  the Florida School for the Deaf and the Blind, which agency is

16  authorized to operate educational programs for students at any

17  level of grades kindergarten through 12 shall be subject to

18  all applicable requirements of ss. 232.245, 232.246, 232.247,

19  and 232.248.  Within the content of these cited statutes each

20  such state or local public agency shall be considered a

21  "district school board."

22         233.09  Duties of each state instructional materials

23  committee.--The duties of each state instructional materials

24  committee shall be:

25         (4)  EVALUATION OF INSTRUCTIONAL MATERIALS.--To

26  evaluate carefully all instructional materials submitted, to

27  ascertain which instructional materials, if any, submitted for

28  consideration best implement the selection criteria developed

29  by the Commissioner of Education and those curricular

30  objectives included within applicable performance standards

31  provided for in s. 229.565.

                                 155

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         (a)  When recommending instructional materials for use

  2  in the schools, each committee shall include only

  3  instructional materials that accurately portray the ethnic,

  4  socioeconomic, cultural, and racial diversity of our society,

  5  including men and women in professional, vocational, and

  6  executive roles, and the role and contributions of the

  7  entrepreneur and labor in the total development of this state

  8  and the United States.

  9         (b)  When recommending instructional materials for use

10  in the schools, each committee shall include only materials

11  which accurately portray, whenever appropriate, humankind's

12  place in ecological systems, including the necessity for the

13  protection of our environment and conservation of our natural

14  resources and the effects on the human system of the use of

15  tobacco, alcohol, controlled substances, and other dangerous

16  substances.

17         (c)  When recommending instructional materials for use

18  in the schools, each committee shall require such materials as

19  it deems necessary and proper to encourage thrift, fire

20  prevention, and humane treatment of people and animals.

21         (d)  When recommending instructional materials for use

22  in the schools, each committee shall require, when appropriate

23  to the comprehension of pupils, that materials for social

24  science, history, or civics classes contain the Declaration of

25  Independence and the Constitution of the United States.  No

26  instructional materials shall be recommended by any committee

27  for use in the schools which contain any matter reflecting

28  unfairly upon persons because of their race, color, creed,

29  national origin, ancestry, gender, or occupation.

30         (e)  All instructional materials recommended by each

31  committee for use in the schools shall be, to the satisfaction

                                 156

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  of each committee, accurate, objective, and current and suited

  2  to the needs and comprehension of pupils at their respective

  3  grade levels. Instructional materials committees shall

  4  consider for adoption materials developed for academically

  5  talented students such as those enrolled in advanced placement

  6  courses.

  7         (f)  When recommending instructional materials for use

  8  in the schools, each committee shall have the recommendations

  9  of all districts which submit evaluations on the materials

10  submitted for adoption in that particular subject area

11  aggregated and presented to the members to aid them in the

12  selection process; however, such aggregation shall be weighted

13  in accordance with the full-time equivalent student percentage

14  of each district. Each committee shall prepare an additional

15  aggregation, unweighted, with each district recommendation

16  given equal consideration.  No instructional materials shall

17  be evaluated or recommended for adoption unless each of the

18  district committees shall have been loaned the specified

19  number of samples.

20         (g)  In addition to relying on statements of publishers

21  or manufacturers of instructional material, any committee may

22  conduct, or cause to be conducted, an independent

23  investigation as to the compliance of submitted materials with

24  the requirements of this section.

25         233.165  Standards for selection.--

26         (1)  In the selection of instructional materials,

27  library books, and other reading material used in the public

28  school system, the standards used to determine the propriety

29  of the material shall include:

30         (b)  The educational purpose to be served by the

31  material. In considering instructional materials for classroom

                                 157

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  use, priority shall be given to the selection of materials

  2  which encompass the state and district performance standards

  3  provided for in ss. 229.565 and 232.2454 and which include the

  4  instructional objectives contained within the curriculum

  5  frameworks approved by the State Board of Education, to the

  6  extent that appropriate curriculum frameworks have been

  7  approved by the board.

  8         233.25  Duties, responsibilities, and requirements of

  9  publishers and manufacturers of instructional

10  materials.--Publishers and manufacturers of instructional

11  materials, or their representatives, shall:

12         (3)  Submit, at a time designated in s. 233.14, the

13  following information:

14         (b)  Written proof that the publisher has provided

15  written correlations to appropriate curricular objectives

16  included within applicable performance standards provided for

17  in s. 229.565.

18         236.08106  Excellent Teaching Program.--

19         (2)  The Excellent Teaching Program is created to

20  provide categorical funding for monetary incentives and

21  bonuses for teaching excellence. The Department of Education

22  shall allocate and distribute to each school district an

23  amount as prescribed annually by the Legislature for the

24  Excellent Teaching Program. Unless otherwise provided in the

25  General Appropriations Act, each school district's annual

26  allocation shall be the sum of the amounts earned for the

27  following incentives and bonuses:

28         (a)  A fee subsidy to be paid by the school district to

29  the NBPTS on behalf of each individual who is an employee of

30  the district school board or a public school within that

31  school district, who is certified by the district to have

                                 158

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  demonstrated satisfactory teaching performance pursuant to s.

  2  231.29 and who satisfies the prerequisites for participating

  3  in the NBPTS certification program, and who agrees, in

  4  writing, to pay 10 percent of the NBPTS participation fee and

  5  to participate in the NBPTS certification program during the

  6  school year for which the fee subsidy is provided. The fee

  7  subsidy for each eligible participant shall be an amount equal

  8  to 90 percent of the fee charged for participating in the

  9  NBPTS certification program, but not more than $1,800 per

10  eligible participant. The fee subsidy is a one-time award and

11  may not be duplicated for any individual.

12         (c)  An annual bonus equal to 10 percent of the prior

13  fiscal year's statewide average salary for classroom teachers

14  to be paid to each individual who holds NBPTS certification

15  and is employed by the district school board or by a public

16  school within that school district. The district school board

17  shall distribute the annual bonus to each individual who meets

18  the requirements of this paragraph and who is certified

19  annually by the district to have demonstrated satisfactory

20  teaching performance pursuant to s. 231.29. The annual bonus

21  may be paid as a single payment or divided into not more than

22  three payments.

23         236.685  Educational funding accountability.--

24         (6)  The annual school public accountability report

25  required by ss. 229.592(5) and 230.23(18) must include a

26  school financial report. The purpose of the school financial

27  report is to better inform parents and the public concerning

28  how revenues were spent to operate the school during the prior

29  fiscal year. Each school's financial report must follow a

30  uniform, districtwide format that is easy to read and

31  understand.

                                 159

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         (a)  Total revenue must be reported at the school,

  2  district, and state levels. The revenue sources that must be

  3  addressed are state and local funds, other than lottery funds;

  4  lottery funds; federal funds; and private donations.

  5         (b)  Expenditures must be reported as the total

  6  expenditures per unweighted full-time equivalent student at

  7  the school level and the average expenditures per full-time

  8  equivalent student at the district and state levels in each of

  9  the following categories and subcategories:

10         1.  Teachers, excluding substitute teachers, and

11  teacher aides who provide direct classroom instruction to

12  students enrolled in programs classified by s. 236.081 as:

13         a.  Basic programs;

14         b.  Students-at-risk programs;

15         c.  Special programs for exceptional students;

16         d.  Career education programs; and

17         e.  Adult programs.

18         2.  Substitute teachers.

19         3.  Other instructional personnel, including

20  school-based instructional specialists and their assistants.

21         4.  Contracted instructional services, including

22  training for instructional staff and other contracted

23  instructional services.

24         5.  School administration, including school-based

25  administrative personnel and school-based education support

26  personnel.

27         6.  The following materials, supplies, and operating

28  capital outlay:

29         a.  Textbooks;

30         b.  Computer hardware and software;

31         c.  Other instructional materials;

                                 160

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1         d.  Other materials and supplies; and

  2         e.  Library media materials.

  3         7.  Food services.

  4         8.  Other support services.

  5         9.  Operation and maintenance of the school plant.

  6         (c)  The school financial report must also identify the

  7  types of district-level expenditures that support the school's

  8  operations. The total amount of these district-level

  9  expenditures must be reported and expressed as total

10  expenditures per full-time equivalent student.

11

12  As used in this subsection, the term "school" means a "school

13  center" as defined by s. 228.041.

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         239.229  Vocational standards.--

26         (1)  The purpose of career education is to enable

27  students who complete vocational programs to attain and

28  sustain employment and realize economic self-sufficiency.  The

29  purpose of this section is to identify issues related to

30  career education for which school boards and community college

31  boards of trustees are accountable.  It is the intent of the

                                 161

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  Legislature that the standards articulated in subsection (2)

  2  be considered in the development of accountability standards

  3  for public schools pursuant to ss. 229.591, 229.592, 229.593,

  4  229.594, and 230.23(16) and for community colleges pursuant to

  5  s. 240.324.

  6         (3)  Each area technical center operated by a school

  7  board shall establish a center advisory council pursuant to s.

  8  229.58.  The center advisory council shall assist in the

  9  preparation and evaluation of center improvement plans

10  required pursuant to s. 230.23(16) and may provide assistance,

11  upon the request of the center director, in the preparation of

12  the center's annual budget and plan as required by s.

13  229.555(1).

14         240.118  Postsecondary feedback of information to high

15  schools.--

16         (4)  As a part of the school improvement plan pursuant

17  to s. 229.592, the State Board of Education shall ensure that

18  each school district and high school develops strategies to

19  improve student readiness for the public postsecondary level

20  based on annual analysis of the feedback report data.

21         240.529  Public accountability and state approval for

22  teacher preparation programs.--

23         (1)  INTENT.--The Legislature recognizes that skilled

24  teachers make the most important contribution to a quality

25  educational system and that competent teachers are produced by

26  effective and accountable teacher preparation programs. The

27  intent of the Legislature is to establish a system for

28  development and approval of teacher preparation programs that

29  will free postsecondary teacher preparation institutions to

30  employ varied and innovative teacher preparation techniques

31  while being held accountable for producing teachers with the

                                 162

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






    Florida House of Representatives - 1999      CS/HBs 751, 753 &
                                                               755
    690-100A-99






  1  competencies and skills for achieving the state education

  2  goals and sustaining the state system of school improvement

  3  and education accountability established pursuant to ss.

  4  229.591, 229.592, and 229.593.

  5         Section 60.  If any provision of this act or the

  6  application thereof to any person or circumstance is held

  7  invalid, the invalidity shall not affect other provisions or

  8  applications of the act which can be given effect without the

  9  invalid provision or application, and to this end the

10  provisions of this act are declared severable.

11         Section 61.  Except as otherwise provided herein, this

12  act shall take effect upon becoming a law.

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                 163