House Bill 0751e1
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CS/HBs 751, 753 & 755, First Engrossed
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
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CS/HBs 751, 753 & 755, First Engrossed
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
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CS/HBs 751, 753 & 755, First Engrossed
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
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CS/HBs 751, 753 & 755, First Engrossed
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
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CS/HBs 751, 753 & 755, First Engrossed
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
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CS/HBs 751, 753 & 755, First Engrossed
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
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CS/HBs 751, 753 & 755, First Engrossed
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; revising provisions relating to
26 the probation of certain employees; amending s.
27 231.546, F.S.; specifying duties of the
28 Education Standards Commission; amending s.
29 231.600, F.S.; prescribing the responsibilities
30 of school district professional-development
31 programs; amending s. 236.08106, F.S.; revising
7
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CS/HBs 751, 753 & 755, First Engrossed
1 provisions of the Excellent Teaching Program;
2 providing for withholding of wages to repay the
3 certification fee subsidy owed the state by an
4 employee who defaults; providing exceptions;
5 authorizing the State Board of Education to
6 adopt rules; amending s. 240.529, F.S.;
7 requiring the Commissioner to appoint a Teacher
8 Preparation Program Committee to recommend core
9 curricula for state-approved teacher
10 preparation programs and requiring the State
11 Board of Education to adopt rules establishing
12 uniform core curricula; revising criteria for
13 initial and continuing approval of
14 teacher-preparation programs; increasing the
15 requirements for a student to enroll in and
16 graduate from a teacher-education program;
17 requiring preservice field experience programs
18 to include supervised contact with lower
19 achieving students; requiring annual reports of
20 program performance; creating s. 231.6135,
21 F.S.; establishing a statewide system for
22 in-service professional development;
23 authorizing professional development academies
24 to meet human resource development and
25 education instruction training needs of
26 educators, schools, and school districts;
27 providing for organization and operation by
28 public and private partners; providing for
29 funding; specifying duties of the Commissioner
30 of Education; repealing s. 231.601, F.S.,
31 relating to purpose of inservice training for
8
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CS/HBs 751, 753 & 755, First Engrossed
1 instructional personnel; amending s. 230.23,
2 F.S.; requiring school improvement plans to
3 include additional issues; amending s.
4 230.2316, F.S.; specifying the elements of
5 dropout prevention and academic intervention
6 programs; revising the intent of the program;
7 revising student eligibility and program
8 criteria; revising reporting requirements for
9 district evaluation; providing for applications
10 by school districts to the Department of
11 Education for grants to operate second chance
12 schools; establishing grant and program
13 requirements; providing for the generation of
14 operating funds through programs of the Florida
15 Education Finance Program; providing new
16 requirements for students seeking to reenter
17 traditional schools; amending s. 231.085, F.S.;
18 requiring principals to ensure the accuracy and
19 timeliness of school reports; requiring
20 principals to provide staff training
21 opportunities; creating s. 232.001, F.S.;
22 allowing certain district school boards to
23 implement pilot projects to raise the
24 compulsory age of attendance for children;
25 providing requirements for school boards that
26 choose to participate in pilot projects;
27 providing for the applicability of state law
28 and State Board of Education rule; providing an
29 exception from the provisions relating to a
30 declaration of intent to terminate school
31 enrollment; requiring a study; amending s.
9
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CS/HBs 751, 753 & 755, First Engrossed
1 232.09, F.S.; clarifying scope of reference to
2 term "criminal prosecution"; amending s.
3 232.17, F.S.; providing legislative findings;
4 placing responsibility on school district
5 superintendents for enforcing attendance;
6 establishing requirements for school board
7 policies; revising the current steps for
8 enforcing regular school attendance; requiring
9 public schools to follow the steps;
10 establishing the requirements for school
11 principals, primary teachers, child study
12 teams, and parents; providing for parents to
13 appeal; allowing the superintendent to seek
14 criminal prosecution for parental
15 noncompliance; requiring the parent or guardian
16 or the superintendent to file certain petitions
17 involving ungovernable children in certain
18 circumstances; requiring the superintendent to
19 provide the court with certain evidence;
20 allowing for court enforcement for children who
21 refuse to comply; revising the notice
22 requirements to parents, guardians, or others;
23 eliminating a current condition for notice;
24 eliminating the option for referral to case
25 staffing committees; requiring the
26 superintendent to take steps to bring about
27 criminal prosecution and requiring related
28 notice; authorizing superintendents to file
29 truancy petitions; allowing for the return of
30 absent children to additional locations;
31 requiring parental notification; deleting
10
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CS/HBs 751, 753 & 755, First Engrossed
1 certain provisions relating to escalating
2 series of truancy activities; amending s.
3 232.19, F.S., relating to habitual truancy;
4 authorizing superintendents to file truancy
5 petitions; requiring that a court order for
6 school attendance be obtained as a part of
7 services; revising the requirements that must
8 be met prior to filing a petition; amending s.
9 236.081, F.S.; amending procedures that must be
10 followed in determining the annual allocation
11 to each school district for operation;
12 requiring the average daily attendance of the
13 student membership to be calculated by school
14 and by district; requiring the district's FTE
15 membership to be adjusted by multiplying by the
16 average daily attendance factor; amending s.
17 240.529, F.S.; providing the criteria for
18 continued program approval; providing for the
19 requirements for instructors in postsecondary
20 teacher preparation programs who instruct or
21 supervise preservice field experience courses
22 or internships; eliminating the requirement
23 related to a commitment to teaching in the
24 public schools for a period of time; providing
25 additional requirements for school district and
26 instructional personnel who supervise or direct
27 certain teacher preparation students; amending
28 s. 984.03, F.S.; redefining the term "habitual
29 truant"; requiring the state attorney or the
30 appropriate jurisdictional agency to file a
31 child-in-need-of-services petition in certain
11
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CS/HBs 751, 753 & 755, First Engrossed
1 circumstances; eliminating the requirement for
2 referral for evaluation; providing definitions
3 for "truancy court" and "truancy petition";
4 creating s. 984.151, F.S.; providing procedure
5 for truancy petitions; providing for truancy
6 hearings and penalties; reenacting s.
7 24.121(5)(b) and (c), F.S., relating to the
8 Educational Enhancement Trust Fund, s.
9 120.81(1)(b), F.S., relating to tests, test
10 scoring criteria, or testing procedures, s.
11 228.056(9)(e), F.S., relating to charter
12 schools, s. 228.0565(6)(b), (c), and (d), F.S.,
13 relating to deregulated public schools, s.
14 228.301(1), F.S., relating to test security, s.
15 229.551(1)(c) and (3), F.S., relating to
16 educational management, s. 230.03(4), F.S.,
17 relating to school district management,
18 control, operation, administration, and
19 supervision, s. 230.2316(4)(b), F.S., relating
20 to dropout prevention, s. 231.24(3)(a), F.S.,
21 relating to the process for renewal of
22 professional certificates, s. 231.36(3)(e) and
23 (f), F.S., relating to contracts with
24 instructional staff, supervisors, and
25 principals, s. 232.2454(1), F.S., relating to
26 district student performance standards,
27 instruments, and assessment procedures, s.
28 232.246(5)(a) and (b), F.S., relating to
29 general requirements for high school
30 graduation, s. 232.248, F.S., relating to
31 confidentiality of assessment instruments, s.
12
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CS/HBs 751, 753 & 755, First Engrossed
1 232.2481(1), F.S., relating to graduation and
2 promotion requirements for publicly operated
3 schools, s. 233.09(4), F.S., relating to duties
4 of instructional materials committees, s.
5 233.165(1)(b), F.S., relating to the selection
6 of instructional materials, s. 233.25(3)(b),
7 F.S., relating to publishers and manufacturers
8 of instructional materials, s. 236.08106(2)(a)
9 and (c), F.S., relating to the Excellent
10 Teaching Program, s. 236.685(6), F.S., relating
11 to educational funding accountability, s.
12 239.101(7), F.S., relating to career education,
13 s. 239.229(1) and (3), F.S., relating to
14 vocational standards, s. 240.118(4), F.S.,
15 relating to postsecondary feedback of
16 information to high schools, s. 240.529(1),
17 F.S., relating to approval of teacher
18 preparation programs, to incorporate
19 references; providing rulemaking authority for
20 the State Board of Education to ensure access
21 for nonprofit professional teacher
22 associations; providing for severability;
23 providing effective dates.
24
25 WHEREAS, providing a system of high-quality public
26 education for children is an important goal of this state, and
27 WHEREAS, Floridians reemphasized their aspiration to
28 provide for a system of high-quality public education for
29 children in this state by amending Section 1 of Article IX of
30 the State Constitution in the November 1998 General Election,
31 and
13
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CS/HBs 751, 753 & 755, First Engrossed
1 WHEREAS, the Legislature recognizes that it has an
2 important but not exclusive role in providing children with
3 the opportunity to obtain a high-quality education in this
4 state, and
5 WHEREAS, success in obtaining a high-quality education
6 depends upon many influences, and
7 WHEREAS, among the most prominent influences on the
8 educational success of children are the positive influences of
9 parents on their children's lives and on their children's
10 desire to learn and the active involvement of parents in the
11 education of their children, and
12 WHEREAS, the presence of those influences is
13 indispensable to successfully providing a system that allows
14 students to obtain a high-quality education, and
15 WHEREAS, children will have the best opportunity to
16 obtain a high-quality education in the public education system
17 of this state and that system can best be enhanced when
18 positive parental influences are present, when we allocate
19 resources efficiently and concentrate resources to enhance a
20 safe, secure, and disciplined classroom learning environment,
21 when we support teachers, when we reinforce shared high
22 academic expectations, and when we promptly reward success and
23 promptly identify failure, as well as promptly appraise the
24 public of both successes and failures, NOW, THEREFORE,
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Section 229.0535, Florida Statutes, is
29 amended to read:
30 229.0535 Authority to enforce school improvement.--It
31 is the intent of the Legislature that all public schools be
14
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CS/HBs 751, 753 & 755, First Engrossed
1 held accountable for ensuring that students performing perform
2 at acceptable levels. A system of school improvement and
3 accountability that assesses student performance by school,
4 identifies schools in which students are not making not
5 providing adequate progress toward state standards, and
6 institutes appropriate measures for enforcing improvement, and
7 provides rewards and sanctions based on performance shall be
8 the responsibility of the State Board of Education.
9 (1) Pursuant to Art. IX of the State Constitution
10 prescribing the duty of the State Board of Education to
11 supervise Florida's public school system and notwithstanding
12 any other statutory provisions to the contrary, the State
13 Board of Education shall have the authority to intervene in
14 the operation of a district school system when in cases where
15 one or more schools in the a school district have failed to
16 make adequate progress for 2 3 consecutive school years in any
17 4-year period. The state board may determine that the school
18 district or and/or school has not taken steps sufficient for
19 to ensure that students in the school to be academically in
20 question are well served. Considering recommendations of the
21 Commissioner of Education, the state board shall is authorized
22 to recommend action to a district school board that is
23 intended to improve ensure improved educational services to
24 students in each school that is designated as performance
25 grade category "F" the low-performing schools in question.
26 Recommendations for actions to be taken in the school district
27 shall be made only after thorough consideration of the unique
28 characteristics of a school, which shall also include student
29 mobility rates, and the number and type of exceptional
30 students enrolled in the school, and whether or not the
31 students in the school have available options for improved
15
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CS/HBs 751, 753 & 755, First Engrossed
1 educational services. The state board shall adopt by rule
2 steps to follow in this process. Such steps shall provide
3 ensure that school districts have sufficient time to improve
4 student performance in schools and have had the opportunity to
5 present evidence of assistance and interventions that the
6 school board has implemented.
7 (2) The state board is specifically authorized to
8 recommend one or more of the following actions to school
9 boards to enable ensure that students in low-performing
10 schools designated as performance grade category "F" to be
11 academically are well served by the public school system:
12 (a) Provide additional resources, change certain
13 practices, and provide additional assistance if the state
14 board determines the causes of inadequate progress to be
15 related to school district policy or practice;
16 (b) Implement a plan that satisfactorily resolves the
17 education equity problems in the school;
18 (c) Contract for the educational services of the
19 school, or reorganize the school at the end of the school year
20 under a new principal who is authorized to hire new staff and
21 implement a plan that addresses the causes of inadequate
22 progress; or
23 (d) Allow parents of students in the school to send
24 their children to another district school of their choice, if
25 appropriate; or
26 (d)(e) Other action as deemed appropriate to improve
27 the school's performance.
28 (3) In recommending actions to school boards, the
29 State Board of Education shall specify the length of time
30 available to implement the recommended action. The state
31 board may adopt rules to further specify how it may respond in
16
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CS/HBs 751, 753 & 755, First Engrossed
1 specific circumstances. No action taken by the state board
2 shall relieve a school from state accountability requirements.
3 (4) The State Board of Education is authorized to
4 require the Department of Education or Comptroller to withhold
5 any transfer of state funds to the school district if, within
6 the timeframe specified in state board action, the school
7 district has failed to comply with the said action ordered to
8 improve the district's low-performing schools. Withholding the
9 transfer of funds shall occur only after all other recommended
10 actions for school improvement have failed to improve the
11 performance of the school. The State Board of Education may
12 invoke the same penalty to any school board that fails to
13 develop and implement a plan for assistance and intervention
14 for low-performing schools as specified in s. 230.23(16)(c).
15 Section 2. Section 229.0537, Florida Statutes, is
16 created to read:
17 229.0537 Opportunity Scholarship Program.--
18 (1) FINDINGS AND INTENT.--The purpose of this section
19 is to provide enhanced opportunity for students in this state
20 to gain the knowledge and skills necessary for postsecondary
21 education, a technical education, or the world of work. The
22 Legislature recognizes that the voters of the State of
23 Florida, in the November 1998 general election, amended
24 Article IX, Section 1, of the Florida Constitution so as to
25 make education a paramount duty of the state. The Legislature
26 finds that the State Constitution requires the state to
27 provide the opportunity to obtain a high-quality education.
28 The Legislature further finds that a student should not be
29 compelled, against the wishes of the student's parent or
30 guardian, to remain in a school found by the state to be
31 failing for 2 years. The Legislature shall make available
17
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CS/HBs 751, 753 & 755, First Engrossed
1 opportunity scholarships in order to give parents and
2 guardians the opportunity for their children to attend a
3 public school that is performing satisfactorily or to attend
4 an eligible private school when the parent or guardian chooses
5 to apply the equivalent of the public education funds
6 generated by his or her child to the cost of tuition in the
7 eligible private school as provided in paragraph (6)(a).
8 Eligibility of a private school shall include the control and
9 accountability requirements which, coupled with the exercise
10 of parental choice, are reasonably necessary to secure the
11 educational public purpose, as delineated in subsection (4).
12 (2) OPPORTUNITY SCHOLARSHIP ELIGIBILITY.--A public
13 school student's parent or guardian may request and receive
14 from the state an opportunity scholarship for the child to
15 enroll in and attend a private school in accordance with the
16 provisions of this section if:
17 (a) By assigned school attendance area or by special
18 assignment, the student has spent the prior school year in
19 attendance at a public school that has been designated
20 pursuant to s. 229.57 as performance grade category "F,"
21 failing to make adequate progress, and that has had 2 school
22 years of such low performance in any 4-year period, and the
23 student's attendance occurred during a school year in which
24 such designation was in effect; or the parent or guardian of a
25 student who has been in attendance elsewhere in the public
26 school system or who is entering kindergarten or first grade
27 has been notified that the student has been assigned to such
28 school for the next school year;
29 (b) The student is a Florida resident; and
30 (c) The parent or guardian has obtained acceptance for
31 admission of the student to a private school eligible for the
18
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CS/HBs 751, 753 & 755, First Engrossed
1 program pursuant to subsection (4), and has notified the
2 Department of Education and the school district of the request
3 for an opportunity scholarship no later than July 1 of the
4 first year in which the student intends to use the
5 scholarship.
6
7 The provisions of this section shall not apply to a student
8 who is enrolled in a school operating for the purpose of
9 providing educational services to youth in Department of
10 Juvenile Justice commitment programs. For purposes of
11 continuity of educational choice, the opportunity to continue
12 attending a private school shall remain in force until the
13 student graduates from high school or reenters the public
14 school system. However, at any time upon reasonable notice to
15 the Department of Education and the school district, the
16 student's parent or guardian may remove the student from the
17 private school and place the student in a public school, as
18 provided in subparagraph (3)(a)2.
19 (3) SCHOOL DISTRICT OBLIGATIONS.--
20 (a) A school district shall, for each student enrolled
21 in or assigned to a school that has been designated as
22 performance grade category "F" for 2 school years in any
23 4-year period:
24 1. Timely notify the parent or guardian of the student
25 as soon as such designation is made of all options available
26 pursuant to this section;
27 2. Offer that student's parent or guardian an
28 opportunity to enroll the student in the public school within
29 the district closest to the student's residence that has been
30 designated by the state pursuant to s. 229.67 as a school
31 performing higher than that in which the student is currently
19
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CS/HBs 751, 753 & 755, First Engrossed
1 enrolled or to which the student has been assigned, but not
2 less than performance grade category "C." The parent or
3 guardian is not required to accept this offer in lieu of
4 requesting a state opportunity scholarship to a private
5 school. The opportunity to continue attending a higher
6 performing public school shall remain in force until the
7 student graduates from high school; and
8 3. Timely notify the parent or guardian of the student
9 who is assigned or formerly attended the school during the
10 designation as soon as the designation of performance grade
11 category "F" has been removed.
12 (b) The parent or guardian of a student enrolled in or
13 assigned to a school that has been designated performance
14 grade category "F" for 2 school years in any 4-year period may
15 choose as an alternative to enroll the student in and
16 transport the student to a higher performing public school
17 that has available space in an adjacent school district, and
18 that school district shall accept the student and report the
19 student for purposes of the district's funding pursuant to the
20 Florida Education Finance Program.
21 (c) For students in the district who are participating
22 in the state opportunity scholarship program, the district
23 shall provide locations and times to take all statewide
24 assessments required pursuant to s. 229.57.
25 (d) Students with disabilities who are eligible to
26 receive services from the school district under federal or
27 state law, and who participate in this program, remain
28 eligible to receive services from the school district as
29 provided by federal or state law.
30 (e) If for any reason a qualified private school is
31 not available for the student or if the parent or guardian
20
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CS/HBs 751, 753 & 755, First Engrossed
1 chooses to request that the student be enrolled in the higher
2 performing public school, rather than choosing to request the
3 state opportunity scholarship, transportation costs to the
4 higher performing public school shall be the responsibility of
5 the school district. The district may utilize state
6 categorical transportation funds or state-appropriated public
7 school choice incentive funds for this purpose.
8 (4) PRIVATE SCHOOL ELIGIBILITY.--To be eligible to
9 participate in the opportunity scholarship program, a private
10 school must be a Florida private school, may be sectarian or
11 nonsectarian, and must:
12 (a) Except for the first year of implementation,
13 notify the Department of Education and the school district in
14 whose service area the school is located of its intent to
15 participate in the program under this section by May 1 of the
16 school year preceding the school year in which it intends to
17 participate. The notice shall specify the grade levels and
18 services that the private school has available for the
19 opportunity scholarship program.
20 (b) Comply with the antidiscrimination provisions of
21 42 U.S.C. section 2000d.
22 (c) Meet state and local health and safety laws and
23 codes.
24 (d) Accept scholarship students on an entirely random
25 and religious-neutral basis without regard to the student's
26 past academic history; however, the private school may give
27 preference in accepting applications to siblings of students
28 who have already been accepted on a random and
29 religious-neutral basis.
30 (e) Be subject to instruction, curriculum, and
31 attendance criteria adopted by an appropriate non-public
21
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CS/HBs 751, 753 & 755, First Engrossed
1 school accrediting body and be academically accountable to the
2 parent or guardian as meeting the educational needs of the
3 student. Upon the parent's or guardian's request, the school
4 shall furnish the parent or guardian with a school profile
5 that includes student performance information.
6 (f) Comply with qualifications for school personnel
7 consistent with s. 231.02(2) and s. 231.045.
8 (g) Comply with all state statutes relating to private
9 schools.
10 (h) Accept as full tuition and fees the amount
11 provided by the state for each student.
12 (i) Agree not to compel any student attending the
13 private school on an opportunity scholarship to profess a
14 specific ideological belief, to pray, or to worship.
15 (5) OBLIGATION OF PROGRAM PARTICIPATION.--
16 (a) Any student participating in the opportunity
17 scholarship program must remain in attendance throughout the
18 school year, unless excused by the school for illness or other
19 good cause, and must comply fully with the school's code of
20 conduct.
21 (b) The parent or guardian of each student
22 participating in the opportunity scholarship program must
23 comply fully with the private school's parental involvement
24 requirements, unless excused by the school for illness or
25 other good cause.
26 (c) The parent or guardian shall ensure that the
27 student participating in the opportunity scholarship program
28 takes all statewide assessments required pursuant to s.
29 229.57. Students participating in the opportunity scholarship
30 program may take such tests at a location and at a time
31 provided by the school district.
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CS/HBs 751, 753 & 755, First Engrossed
1 (6) OPPORTUNITY SCHOLARSHIP FUNDING AND PAYMENT.--
2 (a)1. The maximum opportunity scholarship granted for
3 an eligible student shall be a calculated amount equivalent to
4 the base student allocation multiplied by the weighted cost
5 factor for the educational program provided for the student in
6 the district multiplied by the district cost differential. In
7 addition, the calculated amount shall include the per student
8 share of instructional materials funding, technology funding,
9 and other categorical funds as provided for this purpose in
10 the General Appropriations Act. The amount of the opportunity
11 scholarship shall be the calculated amount or the amount of
12 the private school's tuition and fees, whichever is less.
13 Fees eligible shall include textbook fees, lab fees, and other
14 fees related to instruction, including transportation. The
15 district shall report all students who are attending a private
16 school under this program. The students attending private
17 schools on opportunity scholarships shall be reported
18 separately from those students reported for purposes of the
19 Florida Education Finance Program. The public or private
20 school that provides services to students with disabilities
21 shall receive the weighted funding for such services at the
22 appropriate funding level consistent with the provisions of s.
23 236.025.
24 2. For purposes of calculating the opportunity
25 scholarship, a student will be eligible for the amount of the
26 appropriate basic cost factor if:
27 a. The student currently participates in a Group I
28 program funded at the basic cost factor and is not
29 subsequently identified as having a disability; or
30 b. The student currently participates in a Group II
31 program and the parent or guardian has chosen a private school
23
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CS/HBs 751, 753 & 755, First Engrossed
1 that does not provide the additional services funded by the
2 Group II program.
3 3. Following annual notification on July 1 of the
4 number of participants, the Department of Education shall
5 transfer from each school district's appropriated funds the
6 calculated amount from the Florida Education Finance Program
7 and authorized categorical accounts to a separate account for
8 the Opportunity Scholarship Program for quarterly disbursement
9 to the parents or guardians of participating students.
10 (b) Upon proper documentation, the Comptroller shall
11 make opportunity scholarship payments in four equal amounts no
12 later than August 1, November 1, February 1, and April 1 of
13 each academic year in which the opportunity scholarship is in
14 force. The initial payment shall be made after verification of
15 admission acceptance. Subsequent payments shall be made upon
16 verification of continued enrollment and attendance at the
17 private school. Payment must be by individual warrant made
18 payable to the student's parent or guardian. The warrant shall
19 be sent directly to the eligible private school chosen by the
20 parent or guardian and the parent or guardian shall
21 restrictively endorse the warrant to the private school.
22 (7) LIABILITY.--No liability shall arise on the part
23 of the state based on any grant or use of an opportunity
24 scholarship.
25 (8) RULES.--The State Board of Education may adopt
26 rules pursuant to ss. 120.536(1) and 120.54 to implement the
27 provisions of this section. Rules shall include penalties for
28 noncompliance with subsections (3) and (5). However, the
29 inclusion of eligible private schools within options available
30 to Florida public school students does not expand the
31 regulatory authority of the state, its officers, or any school
24
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CS/HBs 751, 753 & 755, First Engrossed
1 district to impose any additional regulation of private
2 schools beyond those reasonably necessary to enforce
3 requirements expressly set forth in this section.
4 Section 3. Subsection (14) of section 229.512, Florida
5 Statutes, is amended, subsections (15) and (16) are renumbered
6 as subsections (18) and (19), respectively, and new
7 subsections (15), (16), and (17) are added to said section to
8 read:
9 229.512 Commissioner of Education; general powers and
10 duties.--The Commissioner of Education is the chief
11 educational officer of the state, and has the following
12 general powers and duties:
13 (14) To implement a program of school improvement and
14 education accountability designed to provide all students the
15 opportunity to make adequate learning gains in each year of
16 school as provided by statute and State Board of Education
17 rule which is based upon the achievement of the state
18 education goals, recognizing the State Board of Education as
19 the body corporate responsible for the supervision of the
20 system of public education, the school board as responsible
21 for school and student performance, and the individual school
22 as the unit for education accountability.;
23 (15) To arrange for the preparation, publication, and
24 distribution of materials relating to the state system of
25 public education which will supply information concerning
26 needs, problems, plans, and possibilities.;
27 (16)(a) To prepare and publish annually reports giving
28 statistics and other useful information pertaining to the
29 state system of public education.; and
30
31
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CS/HBs 751, 753 & 755, First Engrossed
1 (b) To prepare and publish annually reports giving
2 statistics and other useful information pertaining to the
3 opportunity scholarship program.
4 (17) To have printed copies of school laws, forms,
5 instruments, instructions, and regulations of the State Board
6 of Education and to provide for their the distribution of the
7 same.
8 Section 4. Section 229.555, Florida Statutes, is
9 amended to read:
10 229.555 Educational planning and information
11 systems.--
12 (1) EDUCATIONAL PLANNING.--
13 (a) The commissioner shall be responsible for all
14 planning functions for the department, including collection,
15 analysis, and interpretation of all data, information, test
16 results, evaluations, and other indicators that are used to
17 formulate policy, identify areas of concern and need, and
18 serve as the basis for short-range and long-range planning.
19 Such planning shall include assembling data, conducting
20 appropriate studies and surveys, and sponsoring research and
21 development activities designed to provide information about
22 educational needs and the effect of alternative educational
23 practices.
24 (b) Each district school board shall maintain a
25 continuing system of planning and budgeting which shall be
26 designed to aid in identifying and meeting the educational
27 needs of students and the public. Provision shall be made for
28 coordination between district school boards and community
29 college district boards of trustees concerning the planning
30 for vocational and adult educational programs. The major
31 emphasis of the system shall be upon locally determined goals
26
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CS/HBs 751, 753 & 755, First Engrossed
1 and objectives, the state plan for education, and the Sunshine
2 State minimum performance Standards developed by the
3 Department of Education and adopted by the State Board of
4 Education. The district planning and budgeting system must
5 include consideration of student achievement data obtained
6 pursuant to s. 229.57. The system shall be structured to meet
7 the specific management needs of the district and to align.
8 The system of planning and budgeting shall ensure that the
9 budget adopted by the district school board with reflect the
10 plan the board has also adopted. Each district school board
11 shall utilize its system of planning and budgeting to
12 emphasize a system of school-based management in which
13 individual school centers become the principal planning units
14 and eventually to integrate planning and budgeting at the
15 school level.
16 (2) COMPREHENSIVE MANAGEMENT INFORMATION SYSTEMS.--The
17 commissioner shall develop and implement an integrated
18 information system for educational management. The system must
19 be designed to collect, via electronic transfer, all student
20 and school performance data required to ascertain the degree
21 to which schools and school districts are meeting state
22 performance standards, and must be capable of producing data
23 for a comprehensive annual report on school and district
24 performance. In addition, the system shall support, as
25 feasible, the management decisions to be made in each division
26 of the department and at the individual school and district
27 levels. Similar data elements among divisions and levels
28 shall be compatible. The system shall be based on an overall
29 conceptual design; the information needed for such decisions,
30 including fiscal, student, program, personnel, facility,
31 community, evaluation, and other relevant data; and the
27
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CS/HBs 751, 753 & 755, First Engrossed
1 relationship between cost and effectiveness. The system shall
2 be managed and administered by the commissioner and shall
3 include a district subsystem component to be administered at
4 the district level, with input from the reports-and-forms
5 control management committees. Each district school system
6 with a unique management information system shall assure that
7 compatibility exists between its unique system and the
8 district component of the state system so to the extent that
9 all data required as input to the state system is shall be
10 made available via electronic transfer and in the appropriate
11 input format.
12 (a) The specific responsibilities of the commissioner
13 shall include:
14 1. Consulting with school district representatives in
15 the development of the system design model and implementation
16 plans for the management information system for public school
17 education management;
18 2. Providing operational definitions for the proposed
19 system;
20 3. Determining the information and specific data
21 elements required for the management decisions made at each
22 educational level, recognizing that the primary unit for
23 information input is shall be the individual school and
24 recognizing that time and effort of instructional personnel
25 expended in collection and compilation of data should be
26 minimized;
27 4. Developing standardized terminology and procedures
28 to be followed at all levels of the system;
29 5. Developing a standard transmittal format to be used
30 for collection of data from the various levels of the system;
31
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CS/HBs 751, 753 & 755, First Engrossed
1 6. Developing appropriate computer programs to assure
2 integration of the various information components dealing with
3 students, personnel, facilities, fiscal, program, community,
4 and evaluation data;
5 7. Developing the necessary programs to provide
6 statistical analysis of the integrated data provided in
7 subparagraph 6. in such a way that required reports may be
8 disseminated, comparisons may be made, and relationships may
9 be determined in order to provide the necessary information
10 for making management decisions at all levels;
11 8. Developing output report formats which will provide
12 district school systems with information for making management
13 decisions at the various educational levels;
14 9. Developing a phased plan for distributing computer
15 services equitably among all public schools and school
16 districts in the this state as rapidly as possible. The plan
17 shall describe alternatives available to the state in
18 providing such computing services and shall contain estimates
19 of the cost of each alternative, together with a
20 recommendation for action. In developing the such plan, the
21 feasibility of shared use of computing hardware and software
22 by school districts, community colleges, and universities
23 shall be examined. Laws or administrative rules regulating
24 procurement of data processing equipment, communication
25 services, or data processing services by state agencies shall
26 not be construed to apply to local agencies which share
27 computing facilities with state agencies;
28 10. Assisting the district school systems in
29 establishing their subsystem components and assuring
30 compatibility with current district systems;
31
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CS/HBs 751, 753 & 755, First Engrossed
1 11. Establishing procedures for continuous evaluation
2 of system efficiency and effectiveness;
3 12. Initiating a reports-management and
4 forms-management system to ascertain that duplication in
5 collection of data does not exist and that forms and reports
6 for reporting under state and federal requirements and other
7 forms and reports are prepared in a logical and uncomplicated
8 format, resulting in a reduction in the number and complexity
9 of required reports, particularly at the school level; and
10 13. Initiating such other actions as are necessary to
11 carry out the intent of the Legislature that a management
12 information system for public school management needs be
13 implemented. Such other actions shall be based on criteria
14 including, but not limited to:
15 a. The purpose of the reporting requirement;
16 b. The origination of the reporting requirement;
17 c. The date of origin of the reporting requirement;
18 and
19 d. The date of repeal of the reporting requirement.
20 (b) The specific responsibilities of each district
21 school system shall include:
22 1. Establishing, at the district level, a
23 reports-control and forms-control management system committee
24 composed of school administrators and classroom teachers. The
25 district school board shall appoint school administrator
26 members and classroom teacher members; or, in school districts
27 where appropriate, the classroom teacher members shall be
28 appointed by the bargaining agent. Teachers shall constitute a
29 majority of the committee membership. The committee shall
30 periodically recommend procedures to the district school board
31 for eliminating, reducing, revising, and consolidating
30
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CS/HBs 751, 753 & 755, First Engrossed
1 paperwork and data collection requirements and shall submit to
2 the district school board an annual report of its findings.
3 2. With assistance from the commissioner, developing
4 systems compatibility between the state management information
5 system and unique local systems.
6 3. Providing, with the assistance of the department,
7 inservice training dealing with management information system
8 purposes and scope, a method of transmitting input data, and
9 the use of output report information.
10 4. Establishing a plan for continuous review and
11 evaluation of local management information system needs and
12 procedures.
13 5. Advising the commissioner of all district
14 management information needs.
15 6. Transmitting required data input elements to the
16 appropriate processing locations in accordance with guidelines
17 established by the commissioner.
18 7. Determining required reports, comparisons, and
19 relationships to be provided to district school systems by the
20 system output reports, continuously reviewing these reports
21 for usefulness and meaningfulness, and submitting recommended
22 additions, deletions, and change requirements in accordance
23 with the guidelines established by the commissioner.
24 8. Being responsible for the accuracy of all data
25 elements transmitted to the department.
26 (c) It is the intent of the Legislature that the
27 expertise in the state system of public education, as well as
28 contracted services, be utilized to hasten the plan for full
29 implementation of a comprehensive management information
30 system.
31
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CS/HBs 751, 753 & 755, First Engrossed
1 Section 5. Subsection (1) of section 229.565, Florida
2 Statutes, is amended to read:
3 229.565 Educational evaluation procedures.--
4 (1) STUDENT PERFORMANCE STANDARDS.--
5 (a) The State Board of Education shall approve student
6 performance standards in key academic subject areas and the
7 various program categories and chronological grade levels
8 which the Commissioner of Education designates as necessary
9 for maintaining a good educational system. The standards must
10 apply, without limitation, to language arts, mathematics,
11 science, social studies, the arts, health and physical
12 education, foreign language, reading, writing, history,
13 government, geography, economics, and computer literacy. The
14 commissioner shall obtain opinions and advice from citizens,
15 educators, and members of the business community in developing
16 the standards. For purposes of this section, the term "student
17 performance standard" means a statement describing a skill or
18 competency students are expected to learn.
19 (b) The student performance standards must address the
20 skills and competencies that a student must learn in order to
21 graduate from high school. The commissioner shall also develop
22 performance standards for students who learn a higher level of
23 skills and competencies.
24 Section 6. Section 229.57, Florida Statutes, 1998
25 Supplement, is amended to read:
26 229.57 Student assessment program.--
27 (1) PURPOSE.--The primary purposes purpose of the
28 statewide assessment program are is to provide information
29 needed to improve for the improvement of the public schools by
30 maximizing the learning gains of all students and to inform
31
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CS/HBs 751, 753 & 755, First Engrossed
1 parents of the educational progress of their public school
2 children. The program must be designed to:
3 (a) Assess the annual learning gains of each student
4 toward achieving the Sunshine State Standards appropriate for
5 the student's grade level.
6 (b) Provide data for making decisions regarding school
7 accountability and recognition.
8 (c)(a) Identify the educational strengths and needs of
9 students and the readiness of students to be promoted to the
10 next grade level or to graduate from high school with a
11 standard high school diploma.
12 (d)(b) Assess how well educational goals and
13 performance standards are met at the school, district, and
14 state levels.
15 (e)(c) Provide information to aid in the evaluation
16 and development of educational programs and policies.
17 (f) Provide information on the performance of Florida
18 students compared with others across the United States.
19 (2) NATIONAL EDUCATION COMPARISONS.--It is Florida's
20 intent to participate in the measurement of national
21 educational goals set by the President and governors of the
22 United States. The Commissioner of Education shall direct
23 Florida is directed to provide for school districts to
24 participate in the administration of the National Assessment
25 of Educational Progress, or a similar national assessment
26 program, both for the national sample and for any
27 state-by-state comparison programs which may be initiated.
28 Such assessments must be conducted using the data collection
29 procedures, the student surveys, the educator surveys, and
30 other instruments included in the National Assessment of
31 Educational Progress or a similar program. The results of
33
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CS/HBs 751, 753 & 755, First Engrossed
1 these assessments shall be included in the annual report of
2 the Commissioner of Education specified in this section. The
3 administration of the National Assessment of Educational
4 Progress or a similar program shall be in addition to and
5 separate from the administration of the statewide assessment
6 program otherwise described in this section.
7 (3) STATEWIDE ASSESSMENT PROGRAM.--The commissioner
8 shall is directed to design and implement a statewide program
9 of educational assessment that provides information for the
10 improvement of the operation and management of the public
11 schools. The program must be designed, as far as possible, so
12 as not to conflict with ongoing district assessment programs
13 and so as to use information obtained from district programs.
14 Pursuant to the statewide assessment program, the commissioner
15 shall:
16 (a) Submit to the state board a list that specifies
17 student skills and competencies to which the goals for
18 education specified in the state plan apply, including, but
19 not limited to, reading, writing, and mathematics. The skills
20 and competencies must include problem-solving and higher-order
21 skills as appropriate and shall be known as the Sunshine State
22 Standards. The commissioner shall select such skills and
23 competencies after receiving recommendations from educators,
24 citizens, and members of the business community. The
25 commissioner shall submit to the state board revisions to the
26 list of student skills and competencies in order to maintain
27 continuous progress toward improvements in student
28 proficiency.
29 (b) Develop and implement a uniform system of
30 indicators to describe the performance of public school
31 students and the characteristics of the public school
34
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CS/HBs 751, 753 & 755, First Engrossed
1 districts and the public schools. These indicators must
2 include, without limitation, information gathered by the
3 comprehensive management information system created pursuant
4 to s. 229.555 and student achievement information obtained
5 pursuant to this section.
6 (c) Develop and implement a student achievement
7 testing program as part of the statewide assessment program,
8 to be administered annually in grades 3 through 10 at
9 designated times at the elementary, middle, and high school
10 levels to measure reading, writing, and mathematics. The
11 testing program must be designed so that:
12 1. The tests measure student skills and competencies
13 adopted by the state board as specified in paragraph (a). The
14 tests must measure and report student proficiency levels in
15 reading, writing, and mathematics. Other content areas may be
16 included as directed by the commissioner. The commissioner
17 shall provide for the tests to be developed or obtained, as
18 appropriate, through contracts and project agreements with
19 private vendors, public vendors, public agencies,
20 postsecondary institutions, or school districts. The
21 commissioner shall obtain input with respect to the design and
22 implementation of the testing program from state educators and
23 the public.
24 2. The tests are a combination of norm-referenced and
25 criterion-referenced and include, to the extent determined by
26 the commissioner, items that require the student to produce
27 information or perform tasks in such a way that the skills and
28 competencies he or she uses can be measured.
29 3. Each testing program, whether at the elementary,
30 middle, or high school level, includes a test of writing in
31
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CS/HBs 751, 753 & 755, First Engrossed
1 which students are required to produce writings which are then
2 scored by appropriate methods.
3 4. A score is designated for each subject area tested,
4 below which score a student's performance is deemed
5 inadequate. The school districts shall provide appropriate
6 remedial instruction to students who score below these levels.
7 5. Except as provided in subparagraph 6., all 11th
8 grade students take a high school competency test developed by
9 the state board to test minimum student performance skills and
10 competencies in reading, writing, and mathematics. The test
11 must be based on the skills and competencies adopted by the
12 state board pursuant to paragraph (a). Upon recommendation of
13 the commissioner, the state board shall designate a passing
14 score for each part of the high school competency test. In
15 establishing passing scores, the state board shall consider
16 any possible negative impact of the test on minority students.
17 The commissioner may establish criteria whereby a student who
18 successfully demonstrates proficiency in either reading or
19 mathematics or both may be exempted from taking the
20 corresponding section of the high school competency test or
21 the college placement test. A student must earn a passing
22 score or have been exempted from each part of the high school
23 competency test in order to qualify for a regular high school
24 diploma. The school districts shall provide appropriate
25 remedial instruction to students who do not pass part of the
26 competency test.
27 6. Students who enroll in grade 9 in the fall of 1999
28 and thereafter must earn a passing score on the grade 10
29 assessment test described in this paragraph instead of the
30 high school competency test described in subparagraph 5. Such
31 students must earn a passing score in reading, writing, and
36
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CS/HBs 751, 753 & 755, First Engrossed
1 mathematics to qualify for a regular high school diploma. Upon
2 recommendation of the commissioner, the state board shall
3 designate a passing score for each part of the grade 10
4 assessment test. In establishing passing scores, the state
5 board shall consider any possible negative impact of the test
6 on minority students.
7 7.6. Participation in the testing program is mandatory
8 for all students, except as otherwise prescribed by the
9 commissioner. The commissioner shall recommend rules to the
10 state board for the provision of test adaptations and
11 modifications of procedures as necessary for students in
12 exceptional education programs and for students who have
13 limited English proficiency.
14 8.7. A student seeking an adult high school diploma
15 must meet the same testing requirements that a regular high
16 school student must meet.
17 9. School districts must provide instruction to
18 prepare students to demonstrate proficiency on the skills and
19 competencies necessary for successful grade-to-grade
20 progression and high school graduation. The commissioner shall
21 conduct studies as necessary to verify that the required
22 skills and competencies are part of the district instructional
23 programs.
24
25 The commissioner may design and implement student testing
26 programs for any grade level and subject area, based on
27 procedures designated by the commissioner to monitor
28 educational achievement in the state.
29 (d) Obtain or develop a career planning assessment to
30 be administered to students, at their option, in grades 7 and
31 10 to assist them in preparing for further education or
37
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CS/HBs 751, 753 & 755, First Engrossed
1 entering the workforce. The statewide student assessment
2 program must include career planning assessment.
3 (e) Conduct ongoing research to develop improved
4 methods of assessing student performance, including, without
5 limitation, the use of technology to administer tests, the use
6 of electronic transfer of data, the development of
7 work-product assessments, and the development of process
8 assessments.
9 (f) Conduct ongoing research and analysis of student
10 achievement data, including, without limitation, monitoring
11 trends in student achievement, identifying school programs
12 that are successful, and analyzing correlates of school
13 achievement.
14 (g) Provide technical assistance to school districts
15 in the implementation of state and district testing programs
16 and the use of the data produced pursuant to such programs.
17 (4) DISTRICT TESTING PROGRAMS.--Each district shall
18 periodically assess student performance and achievement within
19 each school of the district. The assessment programs must be
20 based upon local goals and objectives that are compatible with
21 the state plan for education and that supplement the skills
22 and competencies adopted by the State Board of Education. All
23 school districts must participate in the state assessment
24 program designed to measure annual student learning and school
25 performance. All school districts shall report assessment
26 results as required by the management information system. In
27 grades 4 and 8, each district shall administer a nationally
28 normed achievement test selected from a list approved by the
29 state board; the data resulting from these tests must be
30 provided to the Department of Education according to
31 procedures specified by the commissioner. The commissioner
38
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CS/HBs 751, 753 & 755, First Engrossed
1 may request achievement data for other grade levels as
2 necessary.
3 (5) SCHOOL TESTING PROGRAMS.--Each public school,
4 unless specifically exempted by state board rule based on
5 serving a specialized population for which standardized
6 testing is not appropriate, shall participate in the state
7 assessment program. Student performance data shall be analyzed
8 and reported to parents, the community, and the state. Student
9 performance data shall be used in developing objectives of the
10 school improvement plan, evaluation of instructional
11 personnel, evaluation of administrative personnel, assignment
12 of staff, allocation of resources, acquisition of
13 instructional materials and technology, and promotion and
14 assignment of students into educational programs administering
15 an achievement test, whether at the elementary, middle, or
16 high school level, and each public school administering the
17 high school competency test, shall prepare an analysis of the
18 resultant data after each administration. The analysis of
19 student performance data also must identify strengths and
20 needs in the educational program and trends over time. The
21 analysis must be used in conjunction with the budgetary
22 planning processes developed pursuant to s. 229.555 and the
23 development of the programs of remediation described in s.
24 233.051.
25 (6) ANNUAL REPORTS.--The commissioner shall prepare
26 annual reports of the results of the statewide assessment
27 program which describe student achievement in the state, each
28 district, and each school. The commissioner shall prescribe
29 the design and content of these reports which must include,
30 without limitation, descriptions of the performance of all
31 schools participating in the assessment program and all of
39
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1 their major student populations as determined by the
2 Commissioner of Education, and must also include the median
3 scores of all eligible students who scored at or in the lowest
4 25th percentile of the state in the previous school year
5 students at both low levels and exemplary levels, as well as
6 the performance of students scoring in the middle 50 percent
7 of the test population. Until such time as annual assessments
8 prescribed in this section are fully implemented, annual
9 reports shall include student performance data based on
10 existing assessments.
11 (7) SCHOOL PERFORMANCE GRADE CATEGORIES.--Beginning
12 with the 1998-1999 school year's student and school
13 performance data, the annual report shall identify schools as
14 being in one of the following grade categories defined
15 according to rules of the state board:
16 (a) "A," schools making excellent progress.
17 (b) "B," schools making above average progress.
18 (c) "C," schools making satisfactory progress.
19 (d) "D," schools making less than satisfactory
20 progress.
21 (e) "F," schools failing to make adequate progress.
22
23 Beginning in the 1999-2000 school year, each school designated
24 in performance grade category "A," making excellent progress,
25 or as having improved at least two performance grade
26 categories, shall have greater authority over the allocation
27 of the school's total budget generated from the FEFP, state
28 categoricals, lottery funds, grants, and local funds, as
29 specified in state board rule.
30
31
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1 (8) DESIGNATION OF SCHOOL PERFORMANCE GRADE
2 CATEGORIES.--School performance grade category designations
3 itemized in subsection (7) shall be based on the following:
4 (a) Timeframes.--
5 1. School performance grade category designations
6 shall be based on one school year of performance.
7 2. In school years 1998-1999 and 1999-2000, a school's
8 performance grade category designation shall be determined by
9 the student achievement levels on the FCAT, and on other
10 appropriate performance data, including, but not limited to,
11 attendance, dropout rate, school discipline data, and student
12 readiness for college, in accordance with state board rule.
13 3. Beginning with the 2000-2001 school year, a
14 school's performance grade category designation shall be based
15 on a combination of student achievement scores as measured by
16 the FCAT, on the degree of measured learning gains of the
17 students, and on other appropriate performance data,
18 including, but not limited to, attendance, dropout rate,
19 school discipline data, and student readiness for college.
20 4. Beginning with the 2001-2002 school year and
21 thereafter, a school's performance grade category designation
22 shall be based on student learning gains as measured by annual
23 FCAT assessments in grades 3 through 10, and on other
24 appropriate performance data, including, but not limited to,
25 attendance, dropout rate, school discipline data, and student
26 readiness for college.
27
28 For the purpose of implementing ss. 229.0535 and 229.0537,
29 each school identified as critically low performing based on
30 both 1996-1997 and 1997-1998 school performance data and state
31 board-adopted criteria, and that receives a performance grade
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CS/HBs 751, 753 & 755, First Engrossed
1 category designation of "F" based on 1998-1999 school
2 performance data pursuant to this section, shall be considered
3 as having failed to make adequate progress for 2 years in a
4 4-year period. All other schools that receive a performance
5 grade category designation of "F" based on 1998-1999 school
6 performance data shall be considered as having failed to make
7 adequate progress for 1 year.
8 (b) Student assessment data.--Student assessment data
9 used in determining school performance grade categories shall
10 include:
11 1. The median scores of all students enrolled in the
12 school who have been assessed on the FCAT.
13 2. The median scores of all students enrolled in the
14 school who have been assessed on the FCAT and who have scored
15 at or in the lowest 25th percentile of students in the state
16 who have been assessed on the FCAT in the previous school
17 year.
18
19 The state board shall adopt appropriate criteria for each
20 school performance grade category so as to ensure that school
21 performance grade category designations reflect each school's
22 accountability for the learning of all students in the school.
23 The criteria must also give added weight to student
24 achievement in reading. Schools designated as performance
25 grade category "C," making satisfactory progress, shall be
26 required to demonstrate that adequate progress has been made
27 by students who have scored at or in the lowest 25 percent of
28 students in the state as well as by the overall population of
29 students in the school.
30 (9) SCHOOL IMPROVEMENT RATINGS.--Beginning with the
31 1999-2000 school year's student and school performance data,
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CS/HBs 751, 753 & 755, First Engrossed
1 the annual report shall identify each school's performance as
2 having improved, remained the same, or declined. This school
3 improvement rating shall be based on a comparison of the
4 current year's and previous year's student and school
5 performance data. Schools that improve at least one
6 performance grade category are eligible for school recognition
7 awards pursuant to s. 231.2905.
8 (10) SCHOOL PERFORMANCE GRADE CATEGORY AND IMPROVEMENT
9 RATING REPORTS.--School performance grade category
10 designations and improvement ratings shall apply to each
11 school's performance for the year in which performance is
12 measured. Each school's designation and rating shall be
13 published annually by the Department of Education and the
14 school district. Parents and guardians shall be entitled to an
15 easy-to-read report card about the designation and rating of
16 the school in which their child is enrolled.
17 (11) STATEWIDE ASSESSMENTS.--The Department of
18 Education is authorized, subject to appropriation, to
19 negotiate a multi-year contract for the development, field
20 testing, and implementation of annual assessments of students
21 in grades 3 through 10. Such assessments must comply with the
22 following criteria:
23 (a) Assessments for each grade level shall be capable
24 of measuring each student's mastery of the Sunshine State
25 Standards for that grade level and above.
26 (b) Assessments shall be capable of measuring the
27 annual progress each student makes in mastering the Sunshine
28 State Standards.
29 (c) Assessments shall include measures in reading and
30 mathematics in each grade level and must include writing in
31 grades 4, 8, and 10.
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CS/HBs 751, 753 & 755, First Engrossed
1 (d) Assessments shall be designed to protect the
2 integrity of the data and prevent score inflation.
3 (e) The assessment system shall use measures of
4 student learning to determine student, classroom, school, and
5 district statistical distributions.
6 (f) These distributions shall be determined using
7 available data from the FCAT, and other data collection as
8 deemed appropriate by the Department of Education, to measure
9 the differences in student prior year achievement against the
10 current year achievement or lack thereof, such that the
11 effects of instruction to a student by a teacher, school, and
12 school district may be estimated on a per student and constant
13 basis.
14 (g) To the extent possible, these distributions shall
15 be able to be expressed in linear scales such that the effects
16 of ceiling and floor dispersions are minimized.
17 (h) The statistical system shall provide for an
18 approach which provides for best linear unbiased prediction
19 for the teacher, school, and school district effects on pupil
20 progress. These estimates should adequately be able to
21 determine effects of and compare teachers who teach multiple
22 subjects to the same groups of students, and team teaching
23 situations where teachers teach a single subject to multiple
24 groups of students, or other teaching situations as
25 appropriate.
26 1. The department, in consultation with the Office of
27 Program Policy Analysis and Government Accountability, and
28 other sources as appropriate, shall use recognized approaches
29 to statistical variance and estimating random effects.
30
31
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CS/HBs 751, 753 & 755, First Engrossed
1 2. The approach used by the department shall be
2 approved by the State Board of Education before implementation
3 for pupil progression assessment.
4 (i) The assessment system must provide diagnostic
5 information on appropriate measures of student learning gains
6 at the student, classroom, school, and district levels to
7 isolate various subpopulations based on previous achievement
8 levels in order to provide diagnostic information for
9 teachers, principals, administrators, and other appropriate
10 persons.
11 (j) Assessments shall include a norm-referenced
12 subtest that allows for comparisons of Florida students with
13 the performance of students nationally.
14 (k) The annual testing program shall be administered
15 to provide for valid statewide comparisons of learning gains
16 to be made for purposes of accountability and recognition.
17 Annual assessments that do not contain performance items shall
18 be administered no earlier than March of each school year,
19 with results being returned to schools prior to the end of the
20 academic year. Subtests that contain performance items may be
21 given earlier than March, provided that the remaining subtests
22 are sufficient to provide valid data on comparisons of student
23 learning from year to year. The time of administration shall
24 be aligned such that a comparable amount of instructional time
25 is measured in all school districts. District school boards
26 shall not establish school calendars that jeopardize or limit
27 the valid testing and comparison of student learning gains.
28 (l) Assessments shall be implemented statewide no
29 later than the spring of the 2000-2001 school year.
30 (12) LOCAL ASSESSMENTS.--Measurement of the learning
31 gains of students in all subjects and grade levels other than
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CS/HBs 751, 753 & 755, First Engrossed
1 subjects and grade levels required for the state assessment
2 program is the responsibility of the school districts.
3 (13)(7) APPLICABILITY OF TESTING STANDARDS.--A student
4 must meet the testing requirements for high school graduation
5 which were in effect at the time the student entered 9th
6 grade, provided the student's enrollment was continuous.
7 (14)(8) RULES.--The State Board of Education shall
8 adopt rules pursuant to ss. 120.536(1) and 120.54 as necessary
9 to implement the provisions of this section.
10 (15) PERFORMANCE-BASED FUNDING.--The Legislature may
11 factor in the performance of schools in calculating any
12 performance-based funding policy that is provided for in the
13 annual General Appropriations Act.
14 Section 7. Section 229.58, Florida Statutes, 1998
15 Supplement, is amended to read:
16 229.58 District and school advisory councils.--
17 (1) ESTABLISHMENT.--
18 (a) The school board shall establish an advisory
19 council for each school in the district, and shall develop
20 procedures for the election and appointment of advisory
21 council members. Each school advisory council shall include in
22 its name the words "school advisory council." The school
23 advisory council shall be the sole body responsible for final
24 decisionmaking at the school relating to implementation of the
25 provisions of ss. 229.591, 229.592, and 230.23(16). A majority
26 of the members of each school advisory council must be persons
27 who are not employed by the school. Each advisory council
28 shall be composed of the principal and an appropriately
29 balanced number of teachers, education support employees,
30 students, parents, and other business and community citizens
31 who are representative of the ethnic, racial, and economic
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CS/HBs 751, 753 & 755, First Engrossed
1 community served by the school. Vocational-technical center
2 and high school advisory councils shall include students, and
3 middle and junior high school advisory councils may include
4 students. School advisory councils of vocational-technical
5 and adult education centers are not required to include
6 parents as members. Council members representing teachers,
7 education support employees, students, and parents shall be
8 elected by their respective peer groups at the school in a
9 fair and equitable manner as follows:
10 1. Teachers shall be elected by teachers.
11 2. Education support employees shall be elected by
12 education support employees.
13 3. Students shall be elected by students.
14 4. Parents shall be elected by parents.
15
16 The school board shall establish procedures for use by schools
17 in selecting business and community members. Such procedures
18 shall include means of ensuring wide notice of vacancies and
19 for taking input on possible members from local business,
20 chambers of commerce, community and civic organizations and
21 groups, and the public at large. The school board shall review
22 the membership composition of each advisory council. Should
23 the school board determine that the membership elected by the
24 school is not representative of the ethnic, racial, and
25 economic community served by the school, the board shall
26 appoint additional members to achieve proper representation.
27 The Commissioner of Florida Commission on Education Reform and
28 Accountability shall serve as a review body to determine if
29 schools have maximized their efforts to include on their
30 advisory councils minority persons and persons of lower
31 socioeconomic status. Although schools should be strongly
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CS/HBs 751, 753 & 755, First Engrossed
1 encouraged to establish school advisory councils, any school
2 district that has a student population of 10,000 or fewer may
3 establish a district advisory council which shall include at
4 least one duly elected teacher from each school in the
5 district. For the purposes of school advisory councils and
6 district advisory councils, the term "teacher" shall include
7 classroom teachers, certified student services personnel, and
8 media specialists. For purposes of this paragraph, "education
9 support employee" means any person employed by a school who is
10 not defined as instructional or administrative personnel
11 pursuant to s. 228.041 and whose duties require 20 or more
12 hours in each normal working week.
13 (b) The school board may establish a district advisory
14 council representative of the district and composed of
15 teachers, students, parents, and other citizens or a district
16 advisory council which may be comprised of representatives of
17 each school advisory council. Recognized schoolwide support
18 groups which meet all criteria established by law or rule may
19 function as school advisory councils.
20 (2) DUTIES.--Each advisory council shall perform such
21 functions as are prescribed by regulations of the school
22 board; however, no advisory council shall have any of the
23 powers and duties now reserved by law to the school board.
24 Each school advisory council shall assist in the preparation
25 and evaluation of the school improvement plan required
26 pursuant to s. 230.23(16). By the 1999-2000 academic year,
27 with technical assistance from the Department of Education,
28 each school advisory council shall assist in the preparation
29 of the school's annual budget and plan as required by s.
30 229.555(1). A portion of funds provided in the annual General
31
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CS/HBs 751, 753 & 755, First Engrossed
1 Appropriations Act for use by school advisory councils must be
2 used for implementing the school improvement plan.
3 Section 8. Section 229.591, Florida Statutes, 1998
4 Supplement, is amended to read:
5 229.591 Comprehensive revision of Florida's system of
6 school improvement and education accountability.--
7 (1) INTENT.--The Legislature recognizes that the
8 children and youth of the state are its future and its most
9 precious resource. To provide these developing citizens with
10 the sound education needed to grow to a satisfying and
11 productive adulthood, the Legislature intends that, by the
12 year 2000, Florida establish a system of school improvement
13 and education accountability based on the performance of
14 students and educational programs. The intent of the
15 Legislature is to provide clear guidelines for achieving this
16 purpose and for returning the responsibility for education to
17 those closest to the students, their that is the schools,
18 teachers, and parents. The Legislature recognizes, however,
19 its ultimate responsibility and that of the Governor, the
20 Commissioner of Education, and the State Board of Education
21 and other state policymaking bodies in providing the strong
22 leadership needed to forge a new concept of school improvement
23 and in making adequate provision by law provisions for a
24 uniform, efficient, safe, secure, and high-quality system of
25 free public schools as required by s. 1, Art. IX of the State
26 Constitution. It is further the intent of the Legislature to
27 build upon the foundation established by the Educational
28 Accountability Act of 1976 and to implement a program of
29 education accountability and school improvement based upon the
30 achievement of state goals, recognizing the State Board of
31 Education as the body corporate responsible for the
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CS/HBs 751, 753 & 755, First Engrossed
1 supervision of the system of public education, the district
2 school board as responsible for school and student
3 performance, and the individual school as the unit for
4 education accountability.
5 (2) REQUIREMENTS.--Florida's system for school
6 improvement and education accountability shall:
7 (a) Establish state and local educational goals.
8 (b) Increase the use of educational outcomes over
9 educational processes in assessing educational programs.
10 (c) Redirect state fiscal and human resources to
11 assist school districts and schools to meet state and local
12 goals for student success in school and in later life.
13 (d) Provide methods for measuring, and public
14 reporting of, state, school district, and individual school
15 progress toward the education goals.
16 (e) Recognize successful schools.
17 (f) Provide for Ensure that unsuccessful schools
18 designated as performance grate categories "D" and "F" to
19 receive are provided assistance and intervention sufficient to
20 attain adequate such that improvement occurs, and provide
21 further ensure that action that should occur when schools do
22 not improve.
23 (g) Provide that parents or guardians are not required
24 to send their children to schools that have been designated in
25 performance grade category "F," failing to make adequate
26 progress, as defined in state board rule, for two school years
27 in a 4-year period.
28 (3) EDUCATION GOALS.--The state as a whole shall work
29 toward the following goals:
30 (a) Readiness to start school.--Communities and
31 schools collaborate in a statewide comprehensive school
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CS/HBs 751, 753 & 755, First Engrossed
1 readiness program to prepare children and families for
2 children's success in school.
3 (b) Graduation rate and readiness for postsecondary
4 education and employment.--Students graduate and are prepared
5 to enter the workforce and postsecondary education.
6 (c) Student performance.--Students make annual
7 learning gains sufficient to acquire the knowledge, skills,
8 and competencies needed to master state standards,
9 successfully compete at the highest levels nationally and
10 internationally, and be are prepared to make well-reasoned,
11 thoughtful, and healthy lifelong decisions.
12 (d) Learning environment.--School boards provide a
13 learning environment conducive to teaching and learning, in
14 which education programs are based on student performance
15 data, and which strive to eliminate achievement gaps by
16 improving the learning of all students.
17 (e) School safety and environment.--Communities and
18 schools provide an environment that is drug-free and protects
19 students' health, safety, and civil rights.
20 (f) Teachers and staff.--The schools, district, all
21 postsecondary institutions, and state work collaboratively to
22 provide ensure professional teachers and staff who possess the
23 competencies and demonstrate the performance needed to
24 maximize learning among all students.
25 (g) Adult literacy.--Adult Floridians are literate and
26 have the knowledge and skills needed to compete in a global
27 economy, prepare their children for success in school, and
28 exercise the rights and responsibilities of citizenship.
29 (h) Parental, family, and community
30 involvement.--Communities, school boards, and schools provide
31 opportunities for involving parents, families, and guardians,
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CS/HBs 751, 753 & 755, First Engrossed
1 and other community stakeholders as collaborative active
2 partners in achieving school improvement and education
3 accountability. The State Board of Education shall adopt
4 standards for indicating progress toward this state education
5 goal by January 1, 1997.
6 Section 9. Section 229.592, Florida Statutes, 1998
7 Supplement, is amended to read:
8 229.592 Implementation of state system of school
9 improvement and education accountability.--
10 (1) DEVELOPMENT.--It is the intent of the Legislature
11 that every public school in the state shall have a school
12 improvement plan, as required by s. 230.23(16), fully
13 implemented and operational by the beginning of the 1993-1994
14 school year. Vocational standards considered pursuant to s.
15 239.229 shall be incorporated into the school improvement plan
16 for each area technical center operated by a school board by
17 the 1994-1995 school year, and area technical centers shall
18 prepare school report cards incorporating such standards,
19 pursuant to s. 230.23(16), for the 1995-1996 school year. In
20 order to accomplish this, the Commissioner of Florida
21 Commission on Education Reform and Accountability and the
22 school districts and schools shall carry out the duties
23 assigned to them by s. ss. 229.594 and 230.23(16),
24 respectively.
25 (2) ESTABLISHMENT.--Based upon the recommendations of
26 the Florida Commission on Education Reform and Accountability,
27 the Legislature may enact such laws as it considers necessary
28 to establish and maintain a state system of school improvement
29 and accountability. If, after considering the recommendations
30 of the commission, the Legislature determines an adequate
31 system of accountability to be in place to protect the public
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CS/HBs 751, 753 & 755, First Engrossed
1 interest, the Legislature may repeal or revise laws, including
2 fiscal policies, deemed to stand in the way of school
3 improvement.
4 (2)(3) COMMISSIONER.--The commissioner shall be
5 responsible for implementing and maintaining a system of
6 intensive school improvement and stringent education
7 accountability, which shall include policies and programs to.
8 (a) Based on the recommendations of The Florida
9 Commission on Education Reform and Accountability, the
10 commissioner shall develop and implement the following
11 programs and procedures:
12 (a)1. A system of data collection and analysis that
13 will improve information about the educational success of
14 individual students and schools. The information and analyses
15 must be capable of identifying educational programs or
16 activities in need of improvement, and reports prepared
17 pursuant to this paragraph subparagraph shall be distributed
18 to the appropriate school boards prior to distribution to the
19 general public. This provision shall not preclude access to
20 public records as provided in chapter 119.
21 (b)2. A program of school improvement that will
22 analyze information to identify schools, educational programs,
23 or educational activities in need of improvement.
24 (c)3. A method of delivering services to assist school
25 districts and schools to improve.
26 (d)4. A method of coordinating with the state
27 educational goals and school improvement plans any other state
28 program that creates incentives for school improvement.
29 (3)(b) The commissioner shall be held responsible for
30 the implementation and maintenance of the system of school
31 improvement and education accountability outlined in this
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CS/HBs 751, 753 & 755, First Engrossed
1 section subsection. There shall be an annual determination of
2 whether adequate progress is being made toward implementing
3 and maintaining a system of school improvement and education
4 accountability.
5 (4)(c) The annual feedback report shall be developed
6 by the commission and the Department of Education.
7 (5)(d) The commissioner and the commission shall
8 review each school board's feedback report and submit its
9 findings to the State Board of Education. If adequate
10 progress is not being made toward implementing and maintaining
11 a system of school improvement and education accountability,
12 the State Board of Education shall direct the commissioner to
13 prepare and implement a corrective action plan. The
14 commissioner and State Board of Education shall monitor the
15 development and implementation of the corrective action plan.
16 (6)(e) As co-chair of the Florida Commission on
17 Education Reform and Accountability, The commissioner shall
18 appear before the appropriate committees of the Legislature
19 annually in October to report to the Legislature and recommend
20 changes in state policy necessary to foster school improvement
21 and education accountability. The report shall reflect the
22 recommendations of the Florida Commission on Education Reform
23 and Accountability. Included in the report shall be a list of
24 the schools for which school boards have developed assistance
25 and intervention plans and an analysis of the various
26 strategies used by the school boards. School reports shall be
27 distributed pursuant to this paragraph and s. 230.23(16)(e)
28 according to guidelines adopted by the State Board of
29 Education.
30 (7)(4) DEPARTMENT.--
31
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CS/HBs 751, 753 & 755, First Engrossed
1 (a) The Department of Education shall implement a
2 training program to develop among state and district educators
3 a cadre of facilitators of school improvement. These
4 facilitators shall assist schools and districts to conduct
5 needs assessments and develop and implement school improvement
6 plans to meet state goals.
7 (b) Upon request, the department shall provide
8 technical assistance and training to any school, school
9 advisory council, district, or school board for conducting
10 needs assessments, developing and implementing school
11 improvement plans, developing and implementing assistance and
12 intervention plans, or implementing other components of school
13 improvement and accountability. Priority for these services
14 shall be given to schools designated as performance grade
15 categories "D" and "F" and school districts in rural and
16 sparsely populated areas of the state.
17 (c) Pursuant to s. 24.121(5)(d), the department shall
18 not release funds from the Educational Enhancement Trust Fund
19 to any district in which a school does not have an approved
20 school improvement plan, pursuant to s. 230.23(16), after 1
21 full school year of planning and development, or does not
22 comply with school advisory council membership composition
23 requirements pursuant to s. 229.58(1). The department shall
24 send a technical assistance team to each school without an
25 approved plan to develop such school improvement plan or to
26 each school without appropriate school advisory council
27 membership composition to develop a strategy for corrective
28 action. The department shall release the funds upon approval
29 of the plan or upon establishment of a plan of corrective
30 action. Notice shall be given to the public of the
31 department's intervention and shall identify each school
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CS/HBs 751, 753 & 755, First Engrossed
1 without a plan or without appropriate school advisory council
2 membership composition.
3 (8)(5) STATE BOARD.--The State Board of Education
4 shall adopt rules pursuant to ss. 120.536(1) and 120.54
5 necessary to implement a state system of school improvement
6 and education accountability and shall specify required annual
7 reports by schools and school districts. Such rules must be
8 based on recommendations of the Commission on Education Reform
9 and Accountability and must include, but need not be limited
10 to, a requirement that each school report identify the annual
11 Education Enhancement Trust Fund allocations to the district
12 and the school and how those allocations were used for
13 educational enhancement and supporting school improvement.
14 (9)(6) EXCEPTIONS TO LAW.--To facilitate innovative
15 practices and to allow local selection of educational methods,
16 the commissioner may waive, upon the request of a school
17 board, requirements of chapters 230 through 239 of the Florida
18 School Code that relate to instruction and school operations,
19 except those pertaining to civil rights, and student health,
20 safety, and welfare. The Commissioner of Education is not
21 authorized to grant waivers for any provisions of law
22 pertaining to the allocation and appropriation of state and
23 local funds for public education; the election, compensation,
24 and organization of school board members and superintendents;
25 graduation and state accountability standards; financial
26 reporting requirements; reporting of out-of-field teaching
27 assignments under s. 231.095; public meetings; public records;
28 or due process hearings governed by chapter 120. Prior to
29 approval, the commissioner shall report pending waiver
30 requests to the state board on a monthly basis, and shall,
31 upon request of any state board member, bring a waiver request
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CS/HBs 751, 753 & 755, First Engrossed
1 to the state board for consideration. If, within 2 weeks of
2 receiving the report, no member requests that a waiver be
3 considered by the state board, the commissioner may act on the
4 original waiver request. No later than January 1 of each year,
5 the commissioner shall report to the President and Minority
6 Leader of the Senate and the Speaker and Minority Leader of
7 the House of Representatives all approved waiver requests in
8 the preceding year.
9 (a) Graduation requirements in s. 232.246 must be met
10 by demonstrating performance of intended outcomes for any
11 course in the Course Code Directory unless a waiver is
12 approved by the commissioner. In developing procedures for
13 awarding credits based on performance outcomes, districts may
14 request waivers from State Board of Education rules relating
15 to curriculum frameworks and credits for courses and programs
16 in the Course Code Directory. Credit awarded for a course or
17 program beyond that allowed by the Course Code Directory
18 counts as credit for electives. Upon request by any school
19 district, the commissioner shall evaluate and establish
20 procedures for variations in academic credits awarded toward
21 graduation by a high school offering six periods per day
22 compared to those awarded by high schools operating on other
23 schedules.
24 1. A school board may originate a request for waiver
25 and submit the request to the commissioner if such a waiver is
26 required to implement districtwide improvements.
27 2. A school board may submit a request to the
28 commissioner for a waiver if such request is presented to the
29 school board by a school advisory council established pursuant
30 to s. 229.58 and if such a waiver is required to implement a
31 school improvement plan required by s. 230.23(16). The school
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CS/HBs 751, 753 & 755, First Engrossed
1 board shall report annually to the Commissioner of Florida
2 Commission on Education Reform and Accountability, in
3 conjunction with the feedback report required pursuant to this
4 section subsection (3), the number of waivers requested by
5 school advisory councils, the number of such waiver requests
6 approved and submitted to the commissioner, and the number of
7 such waiver requests not approved and not submitted to the
8 commissioner. For each waiver request not approved, the school
9 board shall report the statute or rule for which the waiver
10 was requested, the rationale for the school advisory council
11 request, and the reason the request was not approved.
12 3. When approved by the commissioner, a waiver
13 requested under this paragraph is effective for a 5-year
14 period.
15 (b) Notwithstanding the provisions of chapter 120 and
16 for the purpose of implementing this subsection, the
17 commissioner may waive State Board of Education rules if the
18 school board has submitted a written request to the
19 commissioner for approval pursuant to this subsection.
20 (c) The written request for waiver of statute or rule
21 must indicate at least how the general statutory purpose will
22 be met, how granting the waiver will assist schools in
23 improving student outcomes related to the student performance
24 standards adopted by the state board pursuant to subsection
25 (5), and how student improvement will be evaluated and
26 reported. In considering any waiver, The commissioner shall
27 not grant any waiver that would impair the ensure protection
28 of the health, safety, welfare, or and civil rights of the
29 students or the and protection of the public interest.
30 (d) Upon denying a request for a waiver, the
31 commissioner must state with particularity the grounds or
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1 basis for the denial. The commissioner shall report the
2 specific statutes and rules for which waivers are requested
3 and the number and disposition of such requests to the
4 Legislature and the State Board of Education Florida
5 Commission on Education Reform and Accountability for use in
6 determining which statutes and rules stand in the way of
7 school improvement.
8 (e)1. Schools designated in performance grade category
9 "A," making excellent progress, shall, upon the request of the
10 school, be given deregulated status as specified in s.
11 228.0565(5), (7), (8), (9), and (10).
12 2. Schools that have improved at least two performance
13 grade categories and that meet the criteria of the Florida
14 School Recognition Program pursuant to s. 231.2905 may be
15 given deregulated status as specified in s. 228.0565(5), (7),
16 (8), (9), and (10).
17 Section 10. Section 229.593, Florida Statutes, 1998
18 Supplement, is repealed.
19 Section 11. Section 229.594, Florida Statutes, is
20 repealed.
21 Section 12. Subsection (5) of section 229.595, Florida
22 Statutes, is amended to read:
23 229.595 Implementation of state system of education
24 accountability for school-to-work transition.--
25 (5) Prior to each student's graduation from high
26 school, the school shall Any assessment required for student
27 receipt of a high school diploma shall include items designed
28 to assess the student's student preparation to enter the
29 workforce and provide the student and the student's parent or
30 guardian with the results of such assessment. The Commissioner
31 of Florida Commission on Education Reform and Accountability
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1 shall identify the employability skills associated with
2 successful entry into the workforce from which such items
3 shall be derived.
4 Section 13. Paragraphs (c) and (g) of subsection (5),
5 paragraph (b) of subsection (7), and subsections (16) and (17)
6 of section 230.23, Florida Statutes, 1998 Supplement, are
7 amended, subsection (18) is amended and renumbered as
8 subsection (19), and a new subsection (18) is added to said
9 section, to read:
10 230.23 Powers and duties of school board.--The school
11 board, acting as a board, shall exercise all powers and
12 perform all duties listed below:
13 (5) PERSONNEL.--Designate positions to be filled,
14 prescribe qualifications for those positions, and provide for
15 the appointment, compensation, promotion, suspension, and
16 dismissal of employees as follows, subject to the requirements
17 of chapter 231:
18 (c) Compensation and salary schedules.--Adopt a salary
19 schedule or salary schedules designed to furnish incentives
20 for improvement in training and for continued efficient
21 service to be used as a basis for paying all school employees,
22 such schedules to be arranged, insofar as practicable, so as
23 to furnish incentive for improvement in training and for
24 continued and efficient service and fix and authorize the
25 compensation of school employees on the basis thereof of such
26 schedules. A district school board, in determining the salary
27 schedule for instructional personnel, must base a portion of
28 each employee's compensation on performance demonstrated under
29 s. 231.29 and must consider the prior teaching experience of a
30 person who has been designated state teacher of the year by
31 any state in the United States. In developing the salary
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1 schedule, the school board shall seek input from parents,
2 teachers, and representatives of the business community.
3 (g) Awards and incentives.--Provide for recognition of
4 district employees, students, school volunteers, and or
5 advisory committee members who have contributed outstanding
6 and meritorious service in their fields or service areas.
7 After considering recommendations of the superintendent, the
8 board shall adopt rules establishing and regulating the
9 meritorious service awards necessary for the efficient
10 operation of the program. An award or incentive granted under
11 this paragraph may not be considered in determining the salary
12 schedules required by paragraph (c). Monetary awards shall be
13 limited to persons who propose procedures or ideas which are
14 adopted by the board and which will result in eliminating or
15 reducing school board expenditures or improving district or
16 school center operations. Nonmonetary awards shall include,
17 but are need not be limited to, certificates, plaques, medals,
18 ribbons, and photographs. The school board may is authorized
19 to expend funds for such recognition and awards. No award
20 granted under the provisions of this paragraph shall exceed
21 $2,000 or 10 percent of the first year's gross savings,
22 whichever is greater.
23 (7) COURSES OF STUDY AND OTHER INSTRUCTIONAL
24 AIDS.--Provide adequate instructional aids for all children as
25 follows and in accordance with the requirements of chapter
26 233.
27 (b) Textbooks.--Provide for proper requisitioning,
28 distribution, accounting, storage, care, and use of all
29 instructional materials textbooks and other books furnished by
30 the state and furnish such other instructional materials
31 textbooks and library books as may be needed. The school board
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1 is responsible for assuring that instructional materials used
2 in the district are consistent with the district goals and
3 objectives and the curriculum frameworks approved by the State
4 Board of Education, as well as with the state and district
5 performance standards provided for in ss. 229.565 and
6 232.2454.
7 (16) IMPLEMENT SCHOOL IMPROVEMENT AND
8 ACCOUNTABILITY.--Maintain a system of school improvement and
9 education accountability as provided by statute and State
10 Board of Education rule. This system of school improvement and
11 education accountability shall be consistent with, and
12 implemented through, the district's continuing system of
13 planning and budgeting required by this section and ss.
14 229.555 and 237.041. This system of school improvement and
15 education accountability shall include, but is not be limited
16 to, the following:
17 (a) School improvement plans.--Annually approve and
18 require implementation of a new, amended, or continuation
19 school improvement plan for each school in the district. Such
20 plan shall be designed to achieve the state education goals
21 and student performance standards pursuant to ss. 229.591(3)
22 and 229.592. Beginning in 1999-2000, each plan shall also
23 address issues relative to budget, training, instructional
24 materials, technology, staffing, student support services, and
25 other matters of resource allocation, as determined by school
26 board policy, and shall be based on an analysis of student
27 achievement and other school performance data.
28 (b) Approval process.--Develop a process for approval
29 of a school improvement plan presented by an individual school
30 and its advisory council. In the event a board does not
31 approve a school improvement plan after exhausting this
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1 process, the Department of Education Florida Commission on
2 Education Reform and Accountability shall be notified of the
3 need for assistance.
4 (c) Assistance and intervention.--Develop a 2-year
5 3-year plan of increasing individualized assistance and
6 intervention for each school in danger of that does not
7 meeting state standards meet or making make adequate progress,
8 based upon the recommendations of the commission, as defined
9 pursuant to statute and State Board of Education rule, toward
10 meeting the goals and standards of its approved school
11 improvement plan. A school that is identified as being in
12 performance grade category "D" pursuant to s. 229.57 is in
13 danger of failing and must be provided assistance and
14 intervention.
15 (d) After 2 3 years.--Notify the Commissioner of
16 Florida Commission on Education Reform and Accountability and
17 the State Board of Education in the event any school does not
18 make adequate progress toward meeting the goals and standards
19 of a school improvement plan by the end of 2 3 consecutive
20 years of failing to make adequate progress in any 4-year
21 period district assistance and intervention and proceed
22 according to guidelines developed pursuant to statute and
23 State Board of Education rule. School districts shall provide
24 intervention and assistance to schools in danger of being
25 designated as performance grade category "F," failing to make
26 adequate progress.
27 (e) Public disclosure.--Provide information regarding
28 performance of students and educational programs as required
29 pursuant to ss. s. 229.555 and 229.57(5) and implement a
30 system of school reports as required by statute and State
31 Board of Education rule. Annual public disclosure reports
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1 shall be in an easy-to-read report card format, and shall
2 include the school's student and school performance grade
3 category designation and performance data as specified in
4 state board rule.
5 (f) School improvement funds.--Provide funds to
6 schools for developing and implementing school improvement
7 plans. Such funds shall include those funds appropriated for
8 the purpose of school improvement pursuant to s. 24.121(5)(c).
9 (17) LOCAL-LEVEL DECISIONMAKING.--
10 (a) Adopt policies that clearly encourage and enhance
11 maximum decisionmaking appropriate to the school site. Such
12 policies must include guidelines for schools in the adoption
13 and purchase of district and school site instructional
14 materials and technology, staff training, school advisory
15 council member training, student support services, budgeting,
16 and the allocation of staff resources.
17 (b) Adopt waiver process policies to enable all
18 schools to exercise maximum flexibility and notify advisory
19 councils of processes to waive school district and state
20 policies.
21 (c) Develop policies for periodically monitoring the
22 membership composition of school advisory councils to ensure
23 compliance with requirements established in s. 229.58.
24 (d) Adopt policies that assist in giving greater
25 autonomy to schools designated as performance grade category
26 "A," making excellent progress, and schools rated as having
27 improved at least two performance grade categories.
28 (18) OPPORTUNITY SCHOLARSHIPS.--Adopt policies
29 allowing students attending schools that have been designated
30 as performance grade category "F," failing to make adequate
31 progress, for 2 school years in any 4-year period to attend a
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1 higher performing school in the district or an adjoining
2 district or be granted a state opportunity scholarship to a
3 private school, in conformance with s. 229.0537 and state
4 board rule.
5 (19)(18) ADOPT RULES.--Adopt rules pursuant to ss.
6 120.536(1) and 120.54 to implement the provisions of this
7 section.
8 Section 14. Paragraph (a) of subsection (3) of section
9 231.29, Florida Statutes, 1998 Supplement, is amended to read:
10 231.29 Assessment procedures and criteria.--
11 (3) The assessment procedure for instructional
12 personnel shall comply with, but shall not be limited to, the
13 following requirements:
14 (a) An assessment shall be conducted for each employee
15 at least once a year. The assessment shall be based upon sound
16 educational principles and contemporary research in effective
17 educational practices. Beginning with the full implementation
18 of an annual assessment of learning gains, the assessment must
19 primarily use data and indicators of improvement in student
20 performance assessed annually as specified in s. 229.57 and
21 may consider results of peer reviews in evaluating the
22 employee's performance. The assessment criteria must include,
23 but are not limited to, indicators that relate to the
24 following:
25 1. Ability to maintain appropriate discipline.
26 2. Knowledge of subject matter. The district school
27 board shall make special provisions for evaluating teachers
28 who are assigned to teach out-of-field.
29 3. Ability to plan and deliver instruction.
30 4. Ability to evaluate instructional needs.
31 5. Ability to communicate with parents.
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1 6. Other professional competencies, responsibilities,
2 and requirements as established by rules of the State Board of
3 Education and policies of the district school board.
4 Section 15. Subsection (2) of section 231.2905,
5 Florida Statutes, is amended, and a new subsection (3) is
6 added to said section, to read:
7 231.2905 Florida School Recognition Program.--
8 (2) The Florida School Recognition Program is created
9 to provide greater autonomy and financial awards to faculty
10 and staff of schools that sustain high performance or that
11 demonstrate exemplary improvement due to innovation and
12 effort. The Commissioner of Education shall establish
13 statewide objective criteria for schools to be invited to
14 apply for the Florida School Recognition Program. The
15 selection of schools must be based on at least 2 school years
16 of data, when available. To participate in the program, a
17 school district must have incorporated a performance incentive
18 program into its employee salary structure. All public
19 schools, including charter schools, are eligible to
20 participate in the program.
21 (a) Initial criteria for identification of schools
22 must rely on the school's data and statewide data and must
23 include, but is not be limited to:
24 (a)1. Improvement in the school's student achievement
25 data.
26 (b)2. Statewide student achievement data.
27 (c) Student learning gains when such data becomes
28 available.
29 (d)3. Readiness for postsecondary education data.
30 (e)4. Dropout rates.
31 (f)5. Attendance rates.
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1 (b) After a pool of eligible schools has been
2 identified, schools must apply for final recognition and
3 financial awards based on established criteria. Criteria must
4 include, but not be limited to:
5 1. School climate, including rates of school violence
6 and crime.
7 2. Indicators of innovation in teaching and learning.
8 3. Indicators of successful challenging school
9 improvement plans.
10 4. Parent, community, and student involvement in
11 learning.
12 (c) After identification of schools for final
13 recognition and financial awards, awards must be distributed
14 based on employee performance criteria established in district
15 school board policy.
16 (3) The School Recognition Program shall utilize the
17 school performance grade category designations in s. 229.57.
18 Section 16. Section 232.245, Florida Statutes, is
19 amended to read:
20 232.245 Pupil progression; remedial instruction;
21 reporting requirements.--
22 (1) It is the intent of the Legislature that each
23 student's progression from one grade to another be determined,
24 in part, upon proficiency in reading, writing, and
25 mathematics; that school district policies facilitate such
26 proficiency; and that each student and his or her parent or
27 legal guardian be informed of that student's academic
28 progress.
29 (2) Each district school board shall establish a
30 comprehensive program for pupil progression which must
31 include:
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1 (a) Standards for evaluating each pupil's performance,
2 including how well he or she masters the performance standards
3 approved by the state board according to s. 229.565; and
4 (b) Specific levels of performance in reading,
5 writing, and mathematics for each grade level, including the
6 levels of performance on statewide assessments at selected
7 grade levels in elementary school, middle school, and high
8 school as defined by the Commissioner of Education, below
9 which a student must receive remediation, or and may be
10 retained with an intensive program that is different from the
11 previous year's program and that takes into account the
12 student's learning style. No student may be assigned to a
13 grade level based solely on age or other factors that
14 constitute social promotion. School boards shall allocate
15 remedial and supplemental instruction resources first to
16 students who fail to meet achievement performance levels
17 required for promotion. The state board shall adopt rules to
18 prescribe limited circumstances in which a student may be
19 promoted without meeting the specific assessment performance
20 levels prescribed by the district's pupil progression plan.
21 (3) Each student must participate in the statewide
22 assessment tests required by s. 229.57. Each student who does
23 not meet specific levels of performance as determined by the
24 district school board in reading, writing, and mathematics for
25 each grade level, or who does not meet specific levels of
26 performance, determined by the Commissioner of Education, on
27 statewide assessments at selected grade levels, must be
28 provided with additional diagnostic assessments to determine
29 the nature of the student's difficulty and areas of academic
30 need. The school in which the student is enrolled must
31 develop, in consultation with the student's parent or legal
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1 guardian, and must implement an academic improvement plan
2 designed to assist the student in meeting state and district
3 expectations for proficiency. Each plan must include the
4 provision of intensive remedial instruction in the areas of
5 weakness through one or more of the following activities, as
6 considered appropriate by the school administration:
7 (a) Summer school coursework;
8 (b) Extended-day services;
9 (c) Parent tutorial programs;
10 (d) Contracted academic services;
11 (e) Exceptional education services; or
12 (f) Suspension of curriculum other than reading,
13 writing, and mathematics. Remedial instruction provided during
14 high school may not be in lieu of English and mathematics
15 credits required for graduation.
16
17 Upon subsequent evaluation, if the documented deficiency has
18 not been corrected in accordance with the academic improvement
19 plan, the student shall may be retained. Each student who does
20 not meet the minimum performance expectations defined by the
21 Commissioner of Education for the statewide assessment tests
22 in reading, writing, and mathematics must retake the state
23 assessment test in the subject area of deficiency and must
24 continue remedial or supplemental instruction until the
25 expectations are met or the student graduates from high school
26 or is not subject to compulsory school attendance.
27 (4) Any student who exhibits substantial deficiency in
28 reading skills, based on locally determined assessments
29 conducted before the end of grade 1 or, grade 2, and grade 3,
30 or based on teacher recommendation, must be given intensive
31 reading instruction immediately following the identification
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1 of the reading deficiency. The student's reading proficiency
2 must be reassessed by locally determined assessment or based
3 on teacher recommendation at the beginning of the grade
4 following the intensive reading instruction, and the student
5 must continue to be given intensive reading instruction until
6 the reading deficiency is remedied. If the student's reading
7 deficiency, as determined by the locally determined
8 assessment at grades 1 and 2 or by the statewide assessment at
9 grade 3, is not remedied by the end of grade 4, and 2 or grade
10 3, or if the student scores below the specific level of
11 performance, determined by the local school board, on the
12 statewide assessment test in reading and writing given in
13 elementary school, the student must be retained. The local
14 school board may exempt a student from mandatory retention for
15 good cause.
16 (5) Beginning with the 1997-1998 school year, any
17 student who exhibits substantial deficiency in reading skills,
18 based on locally determined assessments conducted at the
19 beginning of grade 2, grade 3, and grade 4, or based on
20 teacher recommendation, must be given intensive reading
21 instruction immediately following the identification of the
22 reading deficiency. The student's reading proficiency must be
23 reassessed by locally determined assessment or based on
24 teacher recommendation at the beginning of the grade following
25 the intensive reading instruction, and the student must
26 continue to be given intensive reading instruction until the
27 reading deficiency is remedied. If the student's reading
28 deficiency is not remedied by the end of grade 5, the student
29 may be retained.
30 (5)(6) Each district must annually report to the
31 parent or legal guardian of each student the progress of the
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1 student towards achieving state and district expectations for
2 proficiency in reading, writing, and mathematics. The district
3 must report to the parent or legal guardian the student's
4 results on each statewide assessment test. The evaluation of
5 each student's progress must be based upon the student's
6 classroom work, observations, tests, district and state
7 assessments, and other relevant information. Progress
8 reporting must be provided to the parent or legal guardian in
9 writing in a format adopted by the district school board.
10 (6)(7) The Commissioner of Education shall adopt rules
11 pursuant to ss. 120.536(1) and 120.54 necessary for the
12 administration of this section.
13 (7)(8) The Department of Education shall provide
14 technical assistance as needed to aid school districts in
15 administering this section.
16 Section 17. Subsections (3), (8), and (12) of section
17 228.053, Florida Statutes, are amended to read:
18 228.053 Developmental research schools.--
19 (3) MISSION.--The mission of a developmental research
20 school shall be the provision of a vehicle for the conduct of
21 research, demonstration, and evaluation regarding management,
22 teaching, and learning. Programs to achieve the mission of a
23 developmental research school shall embody the goals and
24 standards of "Blueprint 2000" established pursuant to ss.
25 229.591 and 229.592 and shall ensure an appropriate education
26 for its students.
27 (a) Each developmental research school shall emphasize
28 mathematics, science, computer science, and foreign languages.
29 The primary goal of a developmental research school is to
30 enhance instruction and research in such specialized subjects
31 by using the resources available on a state university campus,
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1 while also providing an education in nonspecialized subjects.
2 Each developmental research school shall provide sequential
3 elementary and secondary instruction where appropriate. A
4 developmental research school may not provide instruction at
5 grade levels higher than grade 12 without authorization from
6 the State Board of Education. Each developmental research
7 school shall develop and implement a school improvement plan
8 pursuant to s. 230.23(16).
9 (b) Research, demonstration, and evaluation conducted
10 at a developmental research school may be generated by the
11 college of education with which the school is affiliated.
12 (c) Research, demonstration, and evaluation conducted
13 at a developmental research school may be generated by the
14 Education Standards Commission. Such research shall respond to
15 the needs of the education community at large, rather than the
16 specific needs of the affiliated college.
17 (d) Research, demonstration, and evaluation conducted
18 at a developmental research school may consist of pilot
19 projects to be generated by the affiliated college, the
20 Education Standards Commission, or the Legislature.
21 (e) The exceptional education programs offered at a
22 developmental research school shall be determined by the
23 research and evaluation goals and the availability of students
24 for efficiently sized programs. The fact that a developmental
25 research school offers an exceptional education program in no
26 way lessens the general responsibility of the local school
27 district to provide exceptional education programs.
28 (8) ADVISORY BOARDS.--"Blueprint 2000" provisions and
29 intent specify that Each public school in the state shall
30 establish a school advisory council that is reflective of the
31 population served by the school, pursuant to s. 229.58, and is
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1 responsible for the development and implementation of the
2 school improvement plan pursuant to s. 230.23(16).
3 Developmental research schools shall comply with the
4 provisions of s. 229.58 in one of two ways:
5 (a) Two advisory bodies.--Each developmental research
6 school may:
7 1. Establish an advisory body pursuant to the
8 provisions and requirements of s. 229.58 to be responsible for
9 the development and implementation of the school improvement
10 plan, pursuant to s. 230.23(16).
11 2. Establish an advisory board to provide general
12 oversight and guidance. The dean of the affiliated college of
13 education shall be a standing member of the board, and the
14 president of the university shall appoint three faculty
15 members from the college of education, one layperson who
16 resides in the county in which the school is located, and two
17 parents or legal guardians of students who attend the
18 developmental research school to serve on the advisory board.
19 The term of each member shall be for 2 years, and any vacancy
20 shall be filled with a person of the same classification as
21 his or her predecessor for the balance of the unexpired term.
22 The president shall stagger the terms of the initial
23 appointees in a manner that results in the expiration of terms
24 of no more than two members in any year. The president shall
25 call the organizational meeting of the board. The board shall
26 annually elect a chair and a vice chair. There shall be no
27 limitation on successive appointments to the board or
28 successive terms that may be served by a chair or vice chair.
29 The board shall adopt internal organizational procedures or
30 bylaws necessary for efficient operation as provided in
31 chapter 120. Board members shall not receive per diem or
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1 travel expenses for the performance of their duties. The
2 board shall:
3 a. Meet at least quarterly.
4 b. Monitor the operations of the school and the
5 distribution of moneys allocated for such operations.
6 c. Establish necessary policy, program, and
7 administration modifications.
8 d. Evaluate biennially the performance of the director
9 and principal and recommend corresponding action to the dean
10 of the college of education.
11 e. Annually review evaluations of the school's
12 operation and research findings.
13 (b) One advisory body.--Each developmental research
14 school may establish an advisory body responsible for the
15 development and implementation of the school improvement plan,
16 pursuant to s. 230.23(16), in addition to general oversight
17 and guidance responsibilities. The advisory body shall reflect
18 the membership composition requirements established in s.
19 229.58, but may also include membership by the dean of the
20 college of education and additional members appointed by the
21 president of the university that represent faculty members
22 from the college of education, the university, or other bodies
23 deemed appropriate for the mission of the school.
24 (12) EXCEPTIONS TO LAW.--To encourage innovative
25 practices and facilitate the mission of the developmental
26 research schools, in addition to the exceptions to law
27 specified in s. 229.592(6), the following exceptions shall be
28 permitted for developmental research schools:
29 (a) The methods and requirements of the following
30 statutes shall be held in abeyance: ss. 230.01; 230.02;
31 230.03; 230.04; 230.05; 230.061; 230.08; 230.10; 230.105;
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1 230.11; 230.12; 230.15; 230.16; 230.17; 230.173; 230.18;
2 230.19; 230.201; 230.202; 230.21; 230.22; 230.2215; 230.2318;
3 230.232; 230.24; 230.241; 230.26; 230.28; 230.30; 230.303;
4 230.31; 230.32; 230.321; 230.33; 230.35; 230.39; 230.63;
5 230.64; 230.643; 234.01; 234.021; 234.112; 236.25; 236.261;
6 236.29; 236.31; 236.32; 236.35; 236.36; 236.37; 236.38;
7 236.39; 236.40; 236.41; 236.42; 236.43; 236.44; 236.45;
8 236.46; 236.47; 236.48; 236.49; 236.50; 236.51; 236.52;
9 236.55; 236.56; 237.051; 237.071; 237.091; 237.201; 237.40;
10 and 316.75. With the exception of subsection (16) of s.
11 230.23, s. 230.23 shall be held in abeyance. Reference to
12 school boards in s. 230.23(16) shall mean the president of the
13 university or the president's designee.
14 (b) The following statutes or related rules may be
15 waived for any developmental research school so requesting,
16 provided the general statutory purpose of each section is met
17 and the developmental research school has submitted a written
18 request to the Joint Developmental Research School Planning,
19 Articulation, and Evaluation Committee for approval pursuant
20 to this subsection: ss. 229.555; 231.291; 232.2462; 232.36;
21 233.34; 237.01; 237.02; 237.031; 237.041; 237.061; 237.081;
22 237.111; 237.121; 237.131; 237.141; 237.151; 237.161; 237.162;
23 237.171; 237.181; 237.211; and 237.34. Notwithstanding
24 reference to the responsibilities of the superintendent or
25 school board in chapter 237, developmental research schools
26 shall follow the policy intent of the chapter and shall, at
27 least, adhere to the general state agency accounting
28 procedures established in s. 11.46.
29 1. Two or more developmental research schools may
30 jointly originate a request for waiver and submit the request
31 to the committee if such waiver is approved by the school
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1 advisory council of each developmental research school
2 desiring the waiver.
3 2. A developmental research school may submit a
4 request to the committee for a waiver if such request is
5 presented by a school advisory council established pursuant to
6 s. 229.58, if such waiver is required to implement a school
7 improvement plan required by s. 230.23(16), and if such
8 request is made using forms established pursuant to s.
9 229.592(6). The Joint Developmental Research School Planning,
10 Articulation, and Evaluation Committee shall monitor the
11 waiver activities of all developmental research schools and
12 shall report annually to the department and the Florida
13 Commission on Education Reform and Accountability, in
14 conjunction with the feedback report required pursuant to s.
15 229.592(3), the number of waivers requested and submitted to
16 the committee by developmental research schools, and the
17 number of such waiver requests not approved. For each waiver
18 request not approved, the committee shall report the statute
19 or rule for which the waiver was requested, the rationale for
20 the developmental research school request, and the reason the
21 request was not approved.
22 (c) The written request for waiver of statute or rule
23 shall indicate at least how the general statutory purpose will
24 be met, how granting the waiver will assist schools in
25 improving student outcomes related to the student performance
26 standards adopted pursuant to s. 229.592(5), and how student
27 improvement will be evaluated and reported. In considering any
28 waiver, the committee shall ensure protection of the health,
29 safety, welfare, and civil rights of the students and
30 protection of the public interest.
31
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1 (d) The procedure established in s. 229.592(6)(f)
2 shall be followed for any request for a waiver which is not
3 denied, or for which a request for additional information is
4 not issued. Notwithstanding the request provisions of s.
5 229.592(6), developmental research schools shall request all
6 waivers through the Joint Developmental Research School
7 Planning, Articulation, and Evaluation Committee, as
8 established in s. 228.054. The committee shall approve or
9 disapprove said requests pursuant to this subsection and s.
10 229.592(6); however, the Commissioner of Education shall have
11 standing to challenge any decision of the committee should it
12 adversely affect the health, safety, welfare, or civil rights
13 of the students or public interest. The department shall
14 immediately notify the committee and developmental research
15 school of the decision and provide a rationale therefor.
16 Section 18. Paragraph (e) of subsection (2) of section
17 228.054, Florida Statutes, is amended to read:
18 228.054 Joint Developmental Research School Planning,
19 Articulation, and Evaluation Committee.--
20 (2) The committee shall have the duty and
21 responsibility to:
22 (e) Provide assistance to schools in the waiver
23 process established under s. 228.053(12), review and approve
24 or disapprove waivers requested pursuant to ss. 228.053(12)
25 and 229.592(6), and annually review, identify, and report to
26 the Legislature additional barriers and statutes that hinder
27 the implementation of s. 228.053.
28 Section 19. Paragraph (f) of subsection (9) of section
29 228.056, Florida Statutes, 1998 Supplement, is amended to
30 read:
31 228.056 Charter schools.--
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CS/HBs 751, 753 & 755, First Engrossed
1 (9) CHARTER.--The major issues involving the operation
2 of a charter school shall be considered in advance and written
3 into the charter. The charter shall be signed by the governing
4 body of the charter school and the sponsor, following a public
5 hearing to ensure community input.
6 (f) Upon receipt of the annual report required by
7 paragraph (d), the Department of Education shall provide to
8 the State Board of Education, the Commissioner of Education,
9 the President of the Senate, and the Speaker of the House of
10 Representatives an analysis and comparison of the overall
11 performance of charter school students, to include all
12 students whose scores are counted as part of the state
13 assessment program norm-referenced assessment tests, versus
14 comparable public school students in the district as
15 determined by state assessment program norm-referenced
16 assessment tests currently administered in the school
17 district, and, as appropriate, the Florida Writes Assessment
18 Test, the High School Competency Test, and other assessments
19 administered pursuant to s. 229.57(3).
20 Section 20. Subsection (3) of section 233.17, Florida
21 Statutes, is amended to read:
22 233.17 Term of adoption for instructional materials.--
23 (3) The department shall publish annually an official
24 schedule of subject areas to be called for adoption for each
25 of the succeeding 2 years, and a tentative schedule for years
26 3, 4, 5, and 6. If extenuating circumstances warrant, the
27 Commissioner of Education may order the department to add one
28 or more subject areas to the official schedule, in which event
29 the commissioner shall develop criteria for such additional
30 subject area or areas pursuant to s. 229.512(18)(15) and make
31 them available to publishers as soon as practicable.
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1 Notwithstanding the provisions of s. 229.512(18)(15), the
2 criteria for such additional subject area or areas may be
3 provided to publishers less than 24 months before the date on
4 which bids are due. The schedule shall be developed so as to
5 promote balance among the subject areas so that the required
6 expenditure for new instructional materials is approximately
7 the same each year in order to maintain curricular
8 consistency.
9 Section 21. Subsection (6) of section 236.685, Florida
10 Statutes, is amended to read:
11 236.685 Educational funding accountability.--
12 (6) The annual school public accountability report
13 required by ss. 229.592(5) and 230.23(16)(18) must include a
14 school financial report. The purpose of the school financial
15 report is to better inform parents and the public concerning
16 how revenues were spent to operate the school during the prior
17 fiscal year. Each school's financial report must follow a
18 uniform, districtwide format that is easy to read and
19 understand.
20 (a) Total revenue must be reported at the school,
21 district, and state levels. The revenue sources that must be
22 addressed are state and local funds, other than lottery funds;
23 lottery funds; federal funds; and private donations.
24 (b) Expenditures must be reported as the total
25 expenditures per unweighted full-time equivalent student at
26 the school level and the average expenditures per full-time
27 equivalent student at the district and state levels in each of
28 the following categories and subcategories:
29 1. Teachers, excluding substitute teachers, and
30 teacher aides who provide direct classroom instruction to
31 students enrolled in programs classified by s. 236.081 as:
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1 a. Basic programs;
2 b. Students-at-risk programs;
3 c. Special programs for exceptional students;
4 d. Career education programs; and
5 e. Adult programs.
6 2. Substitute teachers.
7 3. Other instructional personnel, including
8 school-based instructional specialists and their assistants.
9 4. Contracted instructional services, including
10 training for instructional staff and other contracted
11 instructional services.
12 5. School administration, including school-based
13 administrative personnel and school-based education support
14 personnel.
15 6. The following materials, supplies, and operating
16 capital outlay:
17 a. Textbooks;
18 b. Computer hardware and software;
19 c. Other instructional materials;
20 d. Other materials and supplies; and
21 e. Library media materials.
22 7. Food services.
23 8. Other support services.
24 9. Operation and maintenance of the school plant.
25 (c) The school financial report must also identify the
26 types of district-level expenditures that support the school's
27 operations. The total amount of these district-level
28 expenditures must be reported and expressed as total
29 expenditures per full-time equivalent student.
30
31
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1 As used in this subsection, the term "school" means a "school
2 center" as defined by s. 228.041.
3 Section 22. Subsection (6) of section 20.15, Florida
4 Statutes, 1998 Supplement, is amended to read:
5 20.15 Department of Education.--There is created a
6 Department of Education.
7 (6) COUNCILS AND COMMITTEES.--Notwithstanding anything
8 contained in law to the contrary, the Commissioner of
9 Education shall appoint all members of all councils and
10 committees of the Department of Education, except the Board of
11 Regents, the State Board of Community Colleges, the community
12 college district boards of trustees, the Postsecondary
13 Education Planning Commission, the Education Practices
14 Commission, the Education Standards Commission, the State
15 Board of Independent Colleges and Universities, the Florida
16 Commission on Education Reform and Accountability, and the
17 State Board of Nonpublic Career Education.
18 Section 23. Effective July 1, 1999, section 236.08104,
19 Florida Statutes, is created to read:
20 236.08104 Supplemental academic instruction;
21 categorical fund.--
22 (1) There is created a categorical fund to provide
23 supplemental academic instruction to students in kindergarten
24 through grade 12. This section may be cited as the
25 "Supplemental Academic Achievement Categorical Fund."
26 (2) Categorical funds for supplemental academic
27 instruction shall be allocated annually to each school
28 district in the amount provided in the General Appropriations
29 Act. These funds shall be in addition to the funds
30 appropriated on the basis of full-time equivalent student
31 (FTE) membership in the Florida Education Finance Program and
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1 shall be included in the total potential funds of each
2 district. These funds shall be used only to provide
3 supplemental academic instruction to students enrolled in K-12
4 programs. Supplemental instruction may include methods such as
5 lowering class size, providing after-school tutoring, holding
6 Saturday morning sessions, and other methods for improving
7 student achievement and may be provided to a student in any
8 manner and at any time during or beyond the regular 180-day
9 term identified by the school as being the most effective and
10 efficient way to best help that student progress from grade to
11 grade and to graduate.
12 (3) Effective with the 1999-2000 fiscal year, funding
13 on the basis of FTE membership beyond the 180-day regular term
14 shall be provided in the FEFP only for students enrolled
15 pursuant to s. 236.013(2)(c)2. Funding for instruction beyond
16 the regular 180-day school year for all other K-12 students
17 shall be provided through the supplemental academic
18 instruction categorical fund and other state, federal, and
19 local fund sources with ample flexibility for schools to
20 provide supplemental instruction to assist students in
21 progressing from grade to grade and graduating.
22 (4) The Florida State University School (FSUS), as a
23 developmental research school, is authorized to expend from
24 its FEFP or Lottery Enhancement Trust Fund allocation the cost
25 to the student of remediation in reading, writing, or
26 mathematics for any graduate who requires remediation at a
27 postsecondary institution.
28 (5) Beginning in the 1999-2000 school year, dropout
29 prevention programs as defined in s. 230.2316(3)(a), (b), and
30 (c) shall be included in Group 1 programs under s.
31 236.081(1)(d)3.
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1 (6) Each school district receiving funds from the
2 Supplemental Academic Achievement Categorical Fund shall
3 submit to the Department of Education a plan which identifies
4 the students to be served and the scope of supplemental
5 academic instruction to be provided. Districts shall also
6 submit information through the department's database
7 documenting the district's progress in the areas of academic
8 improvement, graduation rate, dropout rate, attendance rate,
9 and retention/promotion rate. The department shall compile
10 this information into an annual report which shall be
11 submitted to the presiding officers of the Legislature by
12 February 15.
13 Section 24. Effective July 1, 1999, paragraph (c) of
14 subsection (2) of section 236.013, Florida Statutes, is
15 amended to read:
16 236.013 Definitions.--Notwithstanding the provisions
17 of s. 228.041, the following terms are defined as follows for
18 the purposes of this act:
19 (2) A "full-time equivalent student" in each program
20 of the district is defined in terms of full-time students and
21 part-time students as follows:
22 (c)1. A "full-time equivalent student" is:
23 a. A full-time student in any one of the programs
24 listed in s. 236.081(1)(c); or
25 b. A combination of full-time or part-time students in
26 any one of the programs listed in s. 236.081(1)(c) which is
27 the equivalent of one full-time student based on the following
28 calculations:
29 (I) A full-time student, except a postsecondary or
30 adult student or a senior high school student enrolled in
31 adult education when such courses are required for high school
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CS/HBs 751, 753 & 755, First Engrossed
1 graduation, in a combination of programs listed in s.
2 236.081(1)(c) shall be a fraction of a full-time equivalent
3 membership in each special program equal to the number of net
4 hours per school year for which he or she is a member, divided
5 by the appropriate number of hours set forth in subparagraph
6 (a)1. or subparagraph (a)2.; the difference between that
7 fraction or sum of fractions and the maximum value as set
8 forth in subsection (5) for each full-time student is presumed
9 to be the balance of the student's time not spent in such
10 special education programs and shall be recorded as time in
11 the appropriate basic program.
12 (II) A student in the basic half-day kindergarten
13 program of not less than 450 net hours shall earn one-half of
14 a full-time equivalent membership.
15 (III) A half-day kindergarten student in a combination
16 of programs listed in s. 236.081(1)(c) is a fraction of a
17 full-time equivalent membership in each special program equal
18 to the number of net hours or major portion thereof per school
19 year for which he or she is a member divided by the number of
20 hours set forth in sub-sub-subparagraph (II); the difference
21 between that fraction and the number of hours set forth in
22 sub-sub-subparagraph (II) for each full-time student in
23 membership in a half-day kindergarten program is presumed to
24 be the balance of the student's time not spent in such special
25 education programs and shall be recorded as time in the
26 appropriate basic program.
27 (IV) A part-time student, except a postsecondary or
28 adult student, is a fraction of a full-time equivalent
29 membership in each basic and special program equal to the
30 number of net hours or major fraction thereof per school year
31 for which he or she is a member, divided by the appropriate
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CS/HBs 751, 753 & 755, First Engrossed
1 number of hours set forth in subparagraph (a)1. or
2 subparagraph (a)2.
3 (V) A postsecondary or adult student or a senior high
4 school student enrolled in adult education when such courses
5 are required for high school graduation is a portion of a
6 full-time equivalent membership in each special program equal
7 to the net hours or major fraction thereof per fiscal year for
8 which he or she is a member, divided by the appropriate number
9 of hours set forth in subparagraph (a)1. or subparagraph (a)2.
10 (VI) A full-time student who is part of a program
11 authorized by subparagraph (a)3. in a combination of programs
12 listed in s. 236.081(1)(c) is a fraction of a full-time
13 equivalent membership in each regular or special program equal
14 to the number of net hours per school year for which he or she
15 is a member, divided by the appropriate number of hours set
16 forth in subparagraph (a)1. or subparagraph (a)2.
17 (II)(VII) A prekindergarten handicapped student shall
18 meet the requirements specified for kindergarten students.
19 2. A student in membership in a program scheduled for
20 more or less than 180 school days is a fraction of a full-time
21 equivalent membership equal to the number of instructional
22 hours in membership divided by the appropriate number of hours
23 set forth in subparagraph (a)1.; however, for the purposes of
24 this subparagraph, membership in programs scheduled for more
25 than 180 days is limited to:
26 a. Support level III, IV, and V Special programs for
27 exceptional students;
28 b. Special vocational-technical programs;
29 c. Special adult general education programs;
30 b.d. Dropout prevention programs as defined in s.
31 230.2316 for students in residential programs operated by the
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CS/HBs 751, 753 & 755, First Engrossed
1 Department of Children and Family Services; Day treatment and
2 residential programs operated by or under contract and quality
3 assurance review with the Department of Juvenile Justice
4 pursuant to as defined in s. 230.23161 in which students
5 receive educational services; or teenage parent programs as
6 defined in s. 230.23166 for students who are in need of such
7 additional instruction;
8 c.e. Dropout prevention programs as defined in s.
9 230.2316 in which students are placed for academic or
10 disciplinary purposes or Programs in English for speakers of
11 other languages as defined in s. 233.058 for students who were
12 in membership for all of the last 15 days of the 180-day term
13 or a total of 30 days within the 180-day term and are in need
14 of such additional instruction;
15 f. Other basic programs offered for promotion or
16 credit instruction as defined by rules of the state board; and
17 g. Programs which modify the school year to
18 accommodate the needs of children who have moved with their
19 parents for the purpose of engaging in the farm labor or fish
20 industries, provided such programs are approved by the
21 commissioner.
22
23 The department shall determine and implement an equitable
24 method of equivalent funding for experimental schools and for
25 schools operating under emergency conditions, which schools
26 have been approved by the department under the provisions of
27 s. 228.041(13) to operate for less than the minimum school
28 day.
29 Section 25. Subsection (7) of section 239.101, Florida
30 Statutes, is amended to read:
31 239.101 Legislative intent.--
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CS/HBs 751, 753 & 755, First Engrossed
1 (7) The Legislature finds that career education is a
2 crucial component of the educational programs conducted within
3 school districts and community colleges. Accordingly, career
4 education must be represented in accountability processes
5 undertaken for educational institutions. It is the intent of
6 the Legislature that the vocational standards articulated in
7 s. 239.229(2) be considered in the development of
8 accountability measures for public schools pursuant to ss.
9 229.591, 229.592, 229.593, 229.594, and 230.23(16) and for
10 community colleges pursuant to s. 240.324.
11 Section 26. Subsection (1) of section 239.229, Florida
12 Statutes, 1998 Supplement, is amended to read:
13 239.229 Vocational standards.--
14 (1) The purpose of career education is to enable
15 students who complete vocational programs to attain and
16 sustain employment and realize economic self-sufficiency. The
17 purpose of this section is to identify issues related to
18 career education for which school boards and community college
19 boards of trustees are accountable. It is the intent of the
20 Legislature that the standards articulated in subsection (2)
21 be considered in the development of accountability standards
22 for public schools pursuant to ss. 229.591, 229.592, 229.593,
23 229.594, and 230.23(16) and for community colleges pursuant to
24 s. 240.324.
25 Section 27. Subsection (1) of section 240.529, Florida
26 Statutes, is amended to read:
27 240.529 Public accountability and state approval for
28 teacher preparation programs.--
29 (1) INTENT.--The Legislature recognizes that skilled
30 teachers make an the most important contribution to a quality
31 educational system that allows students to obtain a
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CS/HBs 751, 753 & 755, First Engrossed
1 high-quality education and that competent teachers are
2 produced by effective and accountable teacher preparation
3 programs. The intent of the Legislature is to establish a
4 system for development and approval of teacher preparation
5 programs that will free postsecondary teacher preparation
6 institutions to employ varied and innovative teacher
7 preparation techniques while being held accountable for
8 producing teachers with the competencies and skills for
9 achieving the state education goals and sustaining the state
10 system of school improvement and education accountability
11 established pursuant to ss. 229.591 and, 229.592, and 229.593.
12 Section 28. Section 231.002, Florida Statutes, is
13 created to read:
14 231.002 Teacher quality; legislative findings and
15 purpose.--
16 (1) The Legislature finds that the most important
17 influence the school can contribute to the learning of any
18 student is the attitude, skills, knowledge, and understanding
19 of the teacher. The Legislature intends to implement a
20 comprehensive approach to increase students' academic
21 achievement and improve teaching quality. The Legislature
22 recognizes that professional educators shape the future of
23 this state and the nation by developing the knowledge and
24 skills of our future workforce and laying the foundation for
25 good citizenship and full participation in community and civic
26 life. The Legislature also recognizes its critical role in
27 meeting the state's educational goals and preparing all
28 students to achieve at the high levels set by the Sunshine
29 State Standards.
30 (2) The purpose of this act is to raise standards for
31 certifying professional educators; establish a statewide
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CS/HBs 751, 753 & 755, First Engrossed
1 system for in-service professional development; increase
2 accountability for postsecondary programs that prepare future
3 educators; and increase accountability for administrators who
4 evaluate teacher performance. To further this initiative, the
5 Department of Education must review the provisions of chapter
6 231, Florida Statutes, and related administrative rules
7 governing the certification of individuals who must hold state
8 certification as a condition of employment in any district
9 school system. The purpose of the review is to identify ways
10 to make the certification process more efficient and
11 responsive to the needs of district school systems and
12 educators; to maintain rigorous standards for initial and
13 continuing certification; and to provide more alternative
14 certification options for individuals who have specific
15 subject-area expertise but have not completed a standard
16 teacher preparation program. The department must evaluate the
17 rigor of the assessment instruments and passing scores
18 required for certification and should consider components of
19 more rigorous and efficient certification systems in other
20 states. The department may request assistance from the
21 Education Standards Commission. By January 1, 2000, the
22 department must submit its findings and recommendations for
23 revision of statutes and administrative rules to the presiding
24 officers of the Senate, the House of Representatives, and the
25 State Board of Education.
26 Section 29. Paragraph (d) of subsection (5) of section
27 24.121, Florida Statutes, 1998 Supplement, is amended to read:
28 24.121 Allocation of revenues and expenditure of funds
29 for public education.--
30 (5)
31
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CS/HBs 751, 753 & 755, First Engrossed
1 (d) No funds shall be released for any purpose from
2 the Educational Enhancement Trust Fund to any school district
3 in which one or more schools do not have an approved school
4 improvement plan pursuant to s. 230.23(16) or do not comply
5 with school advisory council membership composition
6 requirements pursuant to s. 229.58(1). Effective July 1, 2002,
7 the Commissioner of Education shall withhold disbursements
8 from the trust fund to any school district that fails to adopt
9 and implement the performance pay policy required by s.
10 230.23(5).
11 Section 30. Paragraph (c) of subsection (5) of section
12 230.23, Florida Statutes, 1998 Supplement, is amended to read:
13 230.23 Powers and duties of school board.--The school
14 board, acting as a board, shall exercise all powers and
15 perform all duties listed below:
16 (5) PERSONNEL.--Designate positions to be filled,
17 prescribe qualifications for those positions, and provide for
18 the appointment, compensation, promotion, suspension, and
19 dismissal of employees as follows, subject to the requirements
20 of chapter 231:
21 (c) Compensation and salary schedules.--Adopt a salary
22 schedule or salary schedules to be used as a basis for paying
23 all school employees, such schedules to be arranged, insofar
24 as practicable, so as to furnish incentive for improvement in
25 training and for continued and efficient service and fix and
26 authorize the compensation of school employees on the basis of
27 such schedules. A district school board, in determining the
28 salary schedule for instructional personnel, must base a
29 portion of each employee's compensation on performance
30 demonstrated under s. 231.29 and must consider the prior
31 teaching experience of a person who has been designated state
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CS/HBs 751, 753 & 755, First Engrossed
1 teacher of the year by any state in the United States. In
2 developing the salary schedule, the school board shall seek
3 input from parents, teachers, and representatives of the
4 business community. By June 30, 2002, the salary schedule
5 adopted by the school board must base at least 5 percent of
6 the salary of school administrators and instructional
7 personnel on annual performance measured under s. 231.29. The
8 district's performance-pay policy is subject to negotiation as
9 provided in chapter 447; however, the adopted salary schedule
10 must allow employees who demonstrate outstanding performance
11 to earn 5 percent of their individual salary. The Commissioner
12 of Education shall determine whether the board's adopted
13 salary schedule complies with the requirement for
14 performance-based pay. If the board fails to comply by June
15 30, 2002, the commissioner shall withhold disbursements from
16 the Education Enhancement Trust Fund to the district until
17 compliance is verified.
18 Section 31. Subsection (1) of section 231.02, Florida
19 Statutes, 1998 Supplement, is amended to read:
20 231.02 Qualifications of personnel.--
21 (1) To be eligible for appointment in any position in
22 any district school system, a person shall be of good moral
23 character; shall have attained the age of 18 years, if he or
24 she is to be employed in an instructional capacity; and shall,
25 when required by law, hold a certificate or license issued
26 under rules of the State Board of Education or the Department
27 of Health and Rehabilitative Services, except when employed
28 pursuant to s. 231.15 or under the emergency provisions of s.
29 236.0711. Previous residence in this state shall not be
30 required in any school of the state as a prerequisite for any
31
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CS/HBs 751, 753 & 755, First Engrossed
1 person holding a valid Florida certificate or license to serve
2 in an instructional capacity.
3 Section 32. Subsection (2) of section 231.0861,
4 Florida Statutes, is amended to read:
5 231.0861 Principals and assistant principals;
6 selection.--
7 (2) By July 1, 1986, Each district school board shall
8 adopt and implement an objective-based process for the
9 screening, selection, and appointment of assistant principals
10 and principals in the public schools of this state which meets
11 the criteria approved by the State Board of Education Florida
12 Council on Educational Management. Each school district may
13 contract with other local school districts, agencies,
14 associations, private entities, or universities to conduct the
15 assessments, evaluations, and training programs required under
16 this section.
17 Section 33. Section 231.085, Florida Statutes, is
18 amended to read:
19 231.085 Duties of principals.--A district school board
20 shall employ, through written contract, public school
21 principals who shall supervise the operation and management of
22 the schools and property as the board determines necessary.
23 Each principal is responsible for the performance of all
24 personnel employed by the school board and assigned to the
25 school to which the principal is assigned. The principal shall
26 faithfully and effectively apply the personnel-assessment
27 system approved by the school board pursuant to s. 231.29.
28 Each principal shall perform such duties as may be assigned by
29 the superintendent pursuant to the rules of the school board.
30 Such rules shall include, but not be limited to, rules
31 relating to administrative responsibility, instructional
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CS/HBs 751, 753 & 755, First Engrossed
1 leadership in implementing the Sunshine State Standards and of
2 the overall educational program of the school to which the
3 principal is assigned, submission of personnel recommendations
4 to the superintendent, administrative responsibility for
5 records and reports, administration of corporal punishment,
6 and student suspension. Each principal shall provide
7 leadership in the development or revision and implementation
8 of a school improvement plan pursuant to s. 230.23(16).
9 Section 34. Paragraph (a) of subsection (5) of section
10 231.087, Florida Statutes, is amended, and subsection (7) is
11 added to that section, to read:
12 231.087 Management Training Act; Florida Council on
13 Educational Management; Florida Academy for School Leaders;
14 Center for Interdisciplinary Advanced Graduate Study.--
15 (5) DISTRICT MANAGEMENT TRAINING PROGRAMS.--
16 (a) Pursuant to rules guidelines to be adopted by the
17 State Board of Education Florida Council on Educational
18 Management, each school board may submit to the commissioner a
19 proposed program designed to train district administrators and
20 school-based managers, including principals, assistant
21 principals, school site administrators, and persons who are
22 potential candidates for employment in such administrative
23 positions, in the competencies which have been identified by
24 the Florida Council on Educational Management council as being
25 necessary for effective school management. The proposed
26 program shall include a statement of the number of individuals
27 to be included in the program and an itemized statement of the
28 estimated total cost of the program, which shall be paid in
29 part by the district and in part by the department.
30 (7) REPEAL AND REVIEW OF MANAGEMENT ACT.--The Office
31 of Program Policy Analysis and Governmental Accountability, in
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CS/HBs 751, 753 & 755, First Engrossed
1 consultation with the Department of Education, shall conduct a
2 comprehensive review of the Management Training Act to
3 determine its effectiveness and by January 1, 2000, shall make
4 recommendations to the presiding officers of the Legislature
5 for the repeal, revision, or reauthorization of the act. This
6 section is repealed effective June 30, 2000.
7 Section 35. Section 231.09, Florida Statutes, is
8 amended to read:
9 231.09 Duties of instructional personnel.--The primary
10 duty of instructional personnel is to work diligently and
11 faithfully to help students meet or exceed annual learning
12 goals, to meet state and local achievement requirements, and
13 to master the skills required to graduate from high school
14 prepared for postsecondary education, technical school, or
15 work. This duty applies to instructional personnel whether
16 they teach or function in a support role. Members of the
17 instructional staff of the public schools shall perform duties
18 prescribed by rules of the school board. Such rules shall
19 include, but not be limited to, rules relating to a teacher's
20 duty to help students master challenging standards and meet
21 all state and local requirements for achievement; teaching
22 efficiently and faithfully, using prescribed materials and
23 methods; recordkeeping; and fulfilling the terms of any
24 contract, unless released from the contract by the school
25 board.
26 Section 36. Section 231.096, Florida Statutes, 1998
27 Supplement, is amended to read:
28 231.096 Teacher teaching out-of-field;
29 assistance.--Each school district school board shall adopt and
30 implement have a plan to assist any teacher teaching
31 out-of-field, and priority consideration in professional
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1 development activities shall be given to teachers who are
2 teaching out-of-field. The school board shall require that
3 such teachers participate in a certification,
4 staff-development, or peer assistance program designed to
5 ensure that the teacher has the competencies required for the
6 assigned duties. The cost of the program must be funded by
7 the school board. The board-approved assistance plan must
8 include duties of administrative personnel and other
9 instructional personnel to help the out-of-field teacher
10 ensure that students receive high-quality instructional
11 services.
12 Section 37. Section 231.145, Florida Statutes, is
13 amended to read:
14 231.145 Purpose of instructional personnel
15 certification.--It is the intent of the Legislature that
16 school personnel certified in this state possess the
17 credentials, knowledge, and skills necessary to provide a
18 high-quality quality education in the public schools. The
19 purpose of school personnel certification is to protect the
20 educational interests of students, parents, and the public at
21 large by assuring that teachers in this state are
22 professionally qualified. In fulfillment of its duty to the
23 citizens of this state, the Legislature has established
24 certification requirements to assure that educational
25 personnel in public schools possess appropriate skills in
26 reading, writing, and mathematics, and adequate pedagogical
27 knowledge and relevant subject matter competence so as to and
28 can demonstrate an acceptable level of professional
29 performance. Further, the Legislature has established a
30 certificate renewal process which promotes the continuing
31
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1 professional improvement of school personnel, thereby
2 enhancing public education in all areas of the state.
3 Section 38. Section 231.15, Florida Statutes, 1998
4 Supplement, is amended to read:
5 231.15 Positions for which certificates required.--
6 (1) The State Board of Education shall classify school
7 services, designate the certification subject areas, establish
8 competencies and certification requirements for all
9 school-based personnel, and prescribe rules in accordance with
10 which the professional, temporary, and part-time certificates
11 shall be issued by the Department of Education to applicants
12 who meet the standards prescribed by such rules for their
13 class of service. The rules must allow the holder of a valid
14 professional certificate to add an area of certification
15 without completing the associated course requirements if the
16 certificateholder attains a passing score on an examination of
17 competency in the subject area to be added and provides
18 evidence of at least 2 years of satisfactory performance
19 evaluations that considered the performance of students taught
20 by the certificateholder. The rules must allow individuals who
21 have specific subject area expertise but who have not
22 completed a standard teacher preparation program to
23 participate in a state-designed alternative certification
24 program for a professional certificate. This program must
25 provide for demonstration of the following competency areas in
26 lieu of completion of a specific number of college course
27 credit hours:
28 (a) Assessment.
29 (b) Communication.
30 (c) Critical thinking.
31 (d) Human development and learning.
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1 (e) Classroom management.
2 (f) Planning.
3 (g) Technology.
4 (h) Diversity.
5 (i) Teacher responsibility.
6 (j) Code of ethics.
7 (k) Continuous professional improvement.
8
9 The State Board of Education shall consult with the State
10 Board of Independent Colleges and Universities, the State
11 Board of Nonpublic Career Education, the Board of Regents, and
12 the State Board of Community Colleges before adopting any
13 changes to training requirements relating to entry into the
14 profession in cases affecting their jurisdiction. This
15 consultation must allow the educational board to provide
16 advice regarding the impact of the proposed changes in terms
17 of the length of time necessary to complete the training
18 program and the fiscal impact of the changes. Each person
19 employed or occupying a position as school supervisor,
20 principal, teacher, library media specialist, school
21 counselor, athletic coach, or other position in which the
22 employee serves in an instructional capacity, in any public
23 school of any district of this state shall hold the
24 certificate required by law and by rules of the state board in
25 fulfilling the requirements of the law for the type of service
26 rendered. However, the state board shall adopt rules
27 authorizing school boards to employ selected noncertificated
28 personnel to provide instructional services in the
29 individuals' fields of specialty or to assist instructional
30 staff members as education paraprofessionals.
31
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1 (2) Each person who is employed and renders service as
2 an athletic coach in any public school in any district of this
3 state shall hold a valid part-time, temporary, or professional
4 certificate. The provisions of this subsection do not apply to
5 any athletic coach who voluntarily renders service and who is
6 not employed by any public school district of this state.
7 (3) Each person employed as a school nurse shall hold
8 a license to practice nursing in the state, and each person
9 employed as a school physician shall hold a license to
10 practice medicine in the state. The provisions of this
11 subsection shall not apply to any athletic coach who renders
12 service in a voluntary capacity and who is not employed by any
13 public school of any district in this state.
14 (4)(2) A commissioned or noncommissioned military
15 officer who is an instructor of junior reserve officer
16 training shall be exempt from requirements for teacher
17 certification, except for the filing of fingerprints pursuant
18 to s. 231.02, if he or she meets the following qualifications:
19 (a) Is retired from active military duty with at least
20 20 years of service and draws retirement pay or is retired, or
21 transferred to retired reserve status, with at least 20 years
22 of active service and draws retirement pay or retainer pay.
23 (b) Satisfies criteria established by the appropriate
24 military service for certification by the service as a junior
25 reserve officer training instructor.
26 (c) Has an exemplary military record.
27
28 If such instructor is assigned instructional duties other than
29 junior reserve officer training, he or she shall hold the
30 certificate required by law and rules of the state board for
31 the type of service rendered.
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1 Section 39. Paragraph (c) of subsection (3) and
2 subsections (4), (5), and (8) of section 231.17, Florida
3 Statutes, 1998 Supplement, are amended to read:
4 231.17 Official statements of eligibility and
5 certificates granted on application to those meeting
6 prescribed requirements.--
7 (3) TEMPORARY CERTIFICATE.--
8 (c) To qualify for a temporary certificate, the
9 applicant must:
10 1. File a written statement under oath that the
11 applicant subscribes to and will uphold the principles
12 incorporated in the Constitutions of the United States and of
13 the State of Florida.
14 2. Be at least 18 years of age.
15 3. Document receipt of a bachelor's or higher degree
16 from an accredited institution of higher learning, as defined
17 by state board rule. Credits and degrees awarded by a newly
18 created Florida state institution that is part of the State
19 University System shall be considered as granted by an
20 accredited institution of higher learning during the first 2
21 years of course offerings while accreditation is gained.
22 Degrees from foreign institutions, or degrees from other
23 institutions of higher learning that are in the accreditation
24 process, may be validated by a process established in state
25 board rule. Once accreditation is gained, the institution
26 shall be considered as accredited beginning with the 2-year
27 period prior to the date of accreditation. The bachelor's or
28 higher degree may not be required in areas approved in rule by
29 the State Board of Education as nondegreed areas. Each
30 applicant seeking initial certification must have attained at
31 least a 2.5 overall grade point average on a 4.0 scale in the
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1 applicant's major field of study. The applicant may document
2 the required education by submitting official transcripts from
3 institutions of higher education or by authorizing the direct
4 submission of such official transcripts through established
5 electronic network systems.
6 4. Be competent and capable of performing the duties,
7 functions, and responsibilities of a teacher.
8 5. Be of good moral character.
9 6. Demonstrate mastery of general knowledge, including
10 the ability to read, write, and compute. Individuals who apply
11 for certification on or after July 1, 2000, must demonstrate
12 these minimum competencies in order to receive a temporary
13 certificate. Acceptable means of demonstrating such mastery
14 is an individual's achievement of passing scores on other
15 states' general knowledge examinations or a valid standard
16 teaching certificate issued by another state that requires
17 mastery of general knowledge.
18
19 Rules adopted pursuant to this section shall provide for the
20 review and acceptance of credentials from foreign institutions
21 of higher learning.
22 (4) PROFESSIONAL CERTIFICATE.--The department shall
23 issue a professional certificate for a period not to exceed 5
24 years to any applicant who meets the requirements for a
25 temporary certificate and documents mastery of the minimum
26 competencies required by subsection (5). Mastery of the
27 minimum competencies must be documented on a comprehensive
28 written examination or through other criteria as specified by
29 rules of the state board. Mastery of minimum competencies
30 required under subsection (5) must be demonstrated in the
31 following areas:
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1 (a) General knowledge, including the ability to read,
2 write, and compute.
3 (b) Professional skills and knowledge of the standards
4 of professional practice.
5 (c) The subject matter in each area for which
6 certification is sought.
7 (5) MINIMUM COMPETENCIES FOR PROFESSIONAL
8 CERTIFICATE.--
9 (a) The state board must specify, by rule, the minimum
10 essential competencies that educators must possess and
11 demonstrate in order to qualify to teach students the
12 standards of student performance adopted by the state board.
13 The minimum competencies must include but are not limited to
14 the ability to:
15 1. Write and speak in a logical and understandable
16 style with appropriate grammar and sentence structure.
17 2. Read, comprehend, and interpret professional and
18 other written material.
19 3. Comprehend and work with fundamental mathematical
20 concepts, including algebra.
21 4. Comprehend the reading process and provide
22 instruction or referral for appropriate remediation in
23 accordance with the developmental reading levels of individual
24 students.
25 5.4. Recognize signs of severe emotional distress in
26 students and apply techniques of crisis intervention with an
27 emphasis on suicide prevention and positive emotional
28 development.
29 6.5. Recognize signs of alcohol and drug abuse in
30 students and refer such students to counseling and assistance
31
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1 programs designed to prevent apply counseling techniques with
2 emphasis on intervention and prevention of future abuse.
3 7.6. Recognize the physical and behavioral indicators
4 of child abuse and neglect, know rights and responsibilities
5 regarding reporting, know how to care for a child's needs
6 after a report is made, and know recognition, intervention,
7 and prevention strategies pertaining to child abuse and
8 neglect which can be related to children in a classroom
9 setting in a nonthreatening, positive manner.
10 8.7. Comprehend patterns of physical, social, and
11 academic development in students, including exceptional
12 students in the regular classroom, and counsel these students
13 concerning their needs in these areas.
14 9.8. Recognize and be aware of the instructional needs
15 of exceptional students.
16 10.9. Comprehend patterns of normal development in
17 students and employ appropriate intervention strategies for
18 disorders of development.
19 11.10. Identify and comprehend the codes and standards
20 of professional ethics, performance, and practices adopted
21 pursuant to s. 231.546(2)(b), the grounds for disciplinary
22 action provided by s. 231.28, and the procedures for resolving
23 complaints filed pursuant to this chapter, including appeal
24 processes.
25 12.11. Recognize and demonstrate awareness of the
26 educational needs of students who have limited proficiency in
27 English and employ appropriate teaching strategies.
28 13.12. Use and integrate appropriate technology in
29 teaching and learning processes and in managing, evaluating,
30 and improving instruction.
31
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1 14.13. Use assessment and other diagnostic strategies
2 to assist the continuous development of the learner.
3 15.14. Use teaching and learning strategies that
4 include considering each student's culture, learning styles,
5 special needs, and socioeconomic background.
6 16.15. Demonstrate knowledge and understanding of the
7 subject matter that is aligned with the subject knowledge and
8 skills specified in the Sunshine State Standards and student
9 performance standards approved by the state board.
10 17. Demonstrate knowledge and skill in managing
11 student behavior inside and outside the classroom. Such
12 knowledge and skill must include techniques for preventing and
13 effectively responding to incidents of disruptive or violent
14 behavior.
15 18. Demonstrate knowledge of and skill in developing
16 and administering appropriate classroom assessment instruments
17 designed to measure student learning gains.
18 19. Demonstrate the ability to maintain a positive
19 collaborative relationship with students' families to increase
20 student achievement.
21 20. Recognize the early signs of truancy in students
22 and identify effective interventions to avoid or resolve
23 nonattendance behavior.
24 (b) The state board shall designate the certification
25 areas for subject area tests. However, an applicant may
26 satisfy the subject area and professional knowledge testing
27 requirements by attaining scores on corresponding tests from
28 the National Teachers Examination series, and successors to
29 that series, that meet standards established by the state
30 board. The College Level Academic Skills Test, a similar test
31 approved by the state board, or corresponding tests from,
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1 beginning January 1, 1996, the National Teachers Examination
2 series must be used by degreed personnel to demonstrate
3 mastery of general knowledge as required in paragraphs (3)(c)
4 and paragraph (4)(a). All required tests may be taken prior to
5 graduation. The College Level Academic Skills Test shall be
6 waived for any applicant who passed the reading, writing, and
7 mathematics subtest of the former Florida Teacher
8 Certification Examination or the College Level Academic Skills
9 Test and subsequently obtained a certificate pursuant to this
10 chapter.
11 (8) EXAMINATIONS.--
12 (a) The commissioner, with the approval of the state
13 board, may contract for developing, printing, administering,
14 scoring, and appropriate analysis of the written tests
15 required.
16 (b) The state board shall, by rule, specify the
17 examination scores that are required for the issuance of a
18 professional certificate and certain temporary certificate
19 certificates. When the College Level Academic Skills Test is
20 used to demonstrate general knowledge, Such rules must provide
21 an alternative method by which an applicant may demonstrate
22 mastery of general knowledge, including the ability to read,
23 write, or compute; must define generic subject area
24 competencies; and must establish uniform evaluation
25 guidelines. Individuals who apply for their professional
26 certificate before July 1, 2000, may demonstrate mastery of
27 general knowledge pursuant to the alternative method specified
28 by state board rule which The alternative method must:
29 1. Apply only to an applicant who has successfully
30 completed all prerequisites for issuance of the professional
31 certificate, except passing one specific subtest of the
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CS/HBs 751, 753 & 755, First Engrossed
1 College Level Academic Skills Test, and who has taken and
2 failed to achieve a passing score on that subtest at least
3 four times.
4 2. Require notification from the superintendent of the
5 employing school district, the governing authority of the
6 employing developmental research school, or the governing
7 authority of the employing state-supported school or nonpublic
8 school that the applicant has satisfactorily demonstrated
9 mastery of the subject area covered by that specific subtest
10 through successful experience in the professional application
11 of generic subject area competencies and proficient academic
12 performance in that subject area. The decision of the
13 superintendent or governing authority shall be based on a
14 review of the applicant's official academic transcript and
15 notification from the applicant's principal, a peer teacher,
16 and a district-level supervisor that the applicant has
17 demonstrated successful professional experience in that
18 subject area.
19 (c) If an applicant takes an examination developed by
20 this state and does not achieve the score necessary for
21 certification, the applicant may review his or her completed
22 examination and bring to the attention of the department any
23 errors that would result in a passing score.
24 (d) The department and the board shall maintain
25 confidentiality of the examination, developmental materials,
26 and workpapers, and the examination, developmental materials,
27 and workpapers are exempt from s. 119.07(1).
28 Section 40. Subsection (3) is added to section
29 231.1725, Florida Statutes, 1998 Supplement, to read:
30
31
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CS/HBs 751, 753 & 755, First Engrossed
1 231.1725 Employment of substitute teachers, teachers
2 of adult education, and nondegreed teachers of career
3 education; students performing clinical field experience.--
4 (3) A student who is enrolled in a state-approved
5 teacher preparation program in an institution of higher
6 education approved by rules of the State Board of Education
7 and who is jointly assigned by such institution of higher
8 education and a school board to perform a clinical field
9 experience under the direction of a regularly employed and
10 certified educator shall be accorded the same protection of
11 laws as that accorded the certified educator while serving
12 such supervised clinical field experience, except for the
13 right to bargain collectively as employees of the school
14 board.
15 Section 41. Section 231.174, Florida Statutes, is
16 amended to read:
17 231.174 Alternative preparation programs for certified
18 teachers to add additional coverage.--A district school board
19 may design alternative teacher preparation programs to enable
20 persons already certificated to add an additional coverage to
21 their certificates to teach exceptional education classes or
22 in other areas of critical shortage. Each alternative teacher
23 preparation program shall be reviewed and approved by the
24 Department of Education to assure that persons who complete
25 the program are competent in the necessary areas of subject
26 matter specialization. Two or more school districts may
27 jointly participate in an alternative preparation program for
28 teachers.
29 Section 42. Subsection (3) of section 231.29, Florida
30 Statutes, 1998 Supplement, is amended to read:
31 231.29 Assessment procedures and criteria.--
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CS/HBs 751, 753 & 755, First Engrossed
1 (3) The assessment procedure for instructional
2 personnel and school administrators must shall comply with,
3 but need shall not be limited to, the following requirements:
4 (a) An assessment must shall be conducted for each
5 employee at least once a year. The assessment must shall be
6 based upon sound educational principles and contemporary
7 research in effective educational practices. The assessment
8 must use data and indicators of improvement in student
9 performance and may consider results of peer reviews in
10 evaluating the employee's performance. The assessment
11 criteria must include, but are not limited to, indicators that
12 relate to the following:
13 1. Performance of students as measured by state
14 assessments required under s. 229.57 and by local assessments
15 for subjects and grade levels not measured by the state
16 assessment program.
17 2.1. Ability to maintain appropriate discipline.
18 3.2. Knowledge of subject matter. The district school
19 board shall make special provisions for evaluating teachers
20 who are assigned to teach out-of-field.
21 4.3. Ability to plan and deliver instruction.
22 5.4. Ability to evaluate instructional needs.
23 6.5. Ability to establish and maintain a positive
24 collaborative relationship with students' families to increase
25 student achievement communicate with parents.
26 7.6. Other professional competencies,
27 responsibilities, and requirements as established by rules of
28 the State Board of Education and policies of the district
29 school board.
30
31
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CS/HBs 751, 753 & 755, First Engrossed
1 (b) All personnel must shall be fully informed of the
2 criteria and procedures associated with the assessment process
3 before the assessment takes place.
4 (c) The individual responsible for supervising the
5 employee must assess the employee's performance. The evaluator
6 must submit a written report of the assessment to the
7 superintendent for the purpose of reviewing the employee's
8 contract. The evaluator must submit the written report to the
9 employee no later than 10 days after the assessment takes
10 place. The evaluator must discuss the written report of
11 assessment with the employee. The employee shall have the
12 right to initiate a written response to the assessment, and
13 the response shall become a permanent attachment to his or her
14 personnel file.
15 (d) If an employee is not performing his or her duties
16 in a satisfactory manner, the evaluator shall notify the
17 employee in writing of such determination. The notice must
18 describe such unsatisfactory performance and include notice of
19 the following procedural requirements:
20 1. Upon delivery of a notice of unsatisfactory
21 performance, the evaluator must confer with the employee, make
22 recommendations with respect to specific areas of
23 unsatisfactory performance, and provide assistance in helping
24 to correct deficiencies within a prescribed period of time.
25 2.a. If the employee holds a professional service
26 contract as provided in s. 231.36, the employee shall be
27 placed on performance probation and governed by the provisions
28 of this section for 90 calendar days following from the
29 receipt of the notice of unsatisfactory performance to
30 demonstrate corrective action. School holidays and school
31 vacation periods are not counted when calculating the
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CS/HBs 751, 753 & 755, First Engrossed
1 90-calendar-day period. During the 90 calendar days, the
2 employee who holds a professional service contract must be
3 evaluated periodically and apprised of progress achieved and
4 must be provided assistance and inservice training
5 opportunities to help correct the noted performance
6 deficiencies. At any time during the 90 calendar days, the
7 employee who holds a professional service contract may request
8 a transfer to another appropriate position with a different
9 supervising administrator; however, a transfer does not extend
10 the period for correcting performance deficiencies.
11 b.3. Within 14 days after the close of the 90 calendar
12 days, the evaluator must assess whether the performance
13 deficiencies have been corrected and forward a recommendation
14 to the superintendent. Within 14 days after receiving the
15 evaluator's recommendation, the superintendent must notify the
16 employee who holds a professional service contract in writing
17 whether the performance deficiencies have been satisfactorily
18 corrected and whether the superintendent will recommend that
19 the school board continue or terminate his or her employment
20 contract. If the employee wishes to contest the
21 superintendent's recommendation, the employee must, within 15
22 days after receipt of the superintendent's recommendation,
23 submit a written request for a hearing. Such hearing shall be
24 conducted at the school board's election in accordance with
25 one of the following procedures:
26 (I)a. A direct hearing conducted by the school board
27 within 60 days after receipt of the written appeal. The
28 hearing shall be conducted in accordance with the provisions
29 of ss. 120.569 and 120.57. A majority vote of the membership
30 of the school board shall be required to sustain the
31 superintendent's recommendation. The determination of the
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CS/HBs 751, 753 & 755, First Engrossed
1 school board shall be final as to the sufficiency or
2 insufficiency of the grounds for termination of employment; or
3 (II)b. A hearing conducted by an administrative law
4 judge assigned by the Division of Administrative Hearings of
5 the Department of Management Services. The hearing shall be
6 conducted within 60 days after receipt of the written appeal
7 in accordance with chapter 120. The recommendation of the
8 administrative law judge shall be made to the school board. A
9 majority vote of the membership of the school board shall be
10 required to sustain or change the administrative law judge's
11 recommendation. The determination of the school board shall be
12 final as to the sufficiency or insufficiency of the grounds
13 for termination of employment.
14 Section 43. Paragraph (a) of subsection (1) of section
15 231.546, Florida Statutes, 1998 Supplement, is amended to
16 read:
17 231.546 Education Standards Commission; powers and
18 duties.--
19 (1) The Education Standards Commission shall have the
20 duty to:
21 (a) Recommend to the state board high desirable
22 standards relating to programs and policies for the
23 development, certification and certification extension,
24 improvement, and maintenance of competencies of educational
25 personnel, including teacher interns. Such standards must be
26 consistent with the state's duty to provide a high-quality
27 system of public education to all students.
28 Section 44. Subsections (1) and (3) and paragraph (b)
29 of subsection (4) of section 231.600, Florida Statutes, 1998
30 Supplement, are amended, and subsections (8) and (9) are added
31 to that section, to read:
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1 231.600 School Community Professional Development
2 Act.--
3 (1) The Department of Education, public community
4 colleges and universities, public school districts, and public
5 schools in this state shall collaborate to establish a
6 coordinated system of professional development. The purpose of
7 the professional development system is to enable the school
8 community to meet state and local student achievement
9 standards and the state education goals and to succeed in
10 school improvement as described in s. 229.591.
11 (3) The activities designed to implement this section
12 must:
13 (a) Increase the success of educators in guiding
14 student learning and development so as to implement state and
15 local educational standards, goals, and initiatives;
16 (b) Assist the school community in providing
17 stimulating educational activities that encourage and motivate
18 students to achieve at the highest levels and to become
19 developing in school children the dispositions that will
20 motivate them to be active learners; and
21 (c) Provide continuous support as well as, rather than
22 temporary intervention for education professionals who need
23 improvement in knowledge, skills, and performance, for
24 improving the performance of teachers and others who assist
25 children in their learning.
26 (4) The Department of Education, school districts,
27 schools, and public colleges and universities share the
28 responsibilities described in this section. These
29 responsibilities include the following:
30 (b) Each district school board shall consult with
31 teachers and representatives of college and university
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1 faculty, community agencies, and other interested citizen
2 groups to establish policy and procedures to guide the
3 operation of the district professional development program.
4 The professional development system must:
5 1. Require that principals and schools use student
6 achievement data, school discipline data, school environment
7 surveys, assessments of parental satisfaction, and other
8 performance indicators to identify school and student needs
9 that can be met by improved professional performance, and
10 assist principals and schools in making these identifications;
11 2. Provide training activities coupled with followup
12 support that is appropriate to accomplish district-level and
13 school-level improvement goals and standards; and
14 3. Provide for systematic consultation with regional
15 and state personnel designated to provide technical assistance
16 and evaluation of local professional development programs;.
17 4. Provide for delivery of professional development by
18 distance learning and other technology-based delivery systems
19 to reach more educators at lower costs; and
20 5. Continuously evaluate the quality and effectiveness
21 of professional development programs in order to eliminate
22 ineffective programs and strategies and to expand effective
23 ones. Evaluations must consider the impact of such activities
24 on the performance of participating educators and their
25 students' achievement and behavior.
26 (8) This section does not limit or discourage a
27 district school board from contracting with independent
28 entities for professional-development services and inservice
29 education if the school board believes that, through such a
30 contract, a better product can be acquired or its goals for
31 education improvement can be better met.
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1 (9) For teachers and administrators who have been
2 evaluated as less than satisfactory, a school board may
3 require participation in a specific professional development
4 program or peer assistance and review program as part of the
5 improvement prescription.
6 Section 45. Subsection (2) of section 236.08106,
7 Florida Statutes, 1998 Supplement, is amended, and a new
8 subsection (4) is added to said section, to read:
9 236.08106 Excellent Teaching Program.--
10 (2) The Excellent Teaching Program is created to
11 provide categorical funding for monetary incentives and
12 bonuses for teaching excellence. The Department of Education
13 shall allocate and distribute to each school district or to
14 the NBPTS an amount as prescribed annually by the Legislature
15 for the Excellent Teaching Program. Unless otherwise provided
16 in the General Appropriations Act, each distribution school
17 district's annual allocation shall be the sum of the amounts
18 earned for the following incentives and bonuses:
19 (a) A fee subsidy to be paid by the Department of
20 Education school district to the NBPTS on behalf of each
21 individual who is an employee of the district school board or
22 a public school within that school district, who is certified
23 by the district to have demonstrated satisfactory teaching
24 performance pursuant to s. 231.29 and who satisfies the
25 prerequisites for participating in the NBPTS certification
26 program, and who agrees, in writing, to pay 10 percent of the
27 NBPTS participation fee and to participate in the NBPTS
28 certification program during the school year for which the fee
29 subsidy is provided. The fee subsidy for each eligible
30 participant shall be an amount equal to 90 percent of the fee
31 charged for participating in the NBPTS certification program,
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CS/HBs 751, 753 & 755, First Engrossed
1 but not more than $1,800 per eligible participant. The fee
2 subsidy is a one-time award and may not be duplicated for any
3 individual.
4 (b) A portfolio-preparation incentive of $150 paid by
5 the Department of Education to for each teacher employed by
6 the district school board or a public school within the
7 district who is participating in the NBPTS certification
8 program. The portfolio-preparation incentive is a one-time
9 award paid during the school year for which the NBPTS fee
10 subsidy is provided.
11 (c) An annual bonus equal to 10 percent of the prior
12 fiscal year's statewide average salary for classroom teachers
13 to be distributed to the school district to be paid to each
14 individual who holds NBPTS certification and is employed by
15 the district school board or by a public school within that
16 school district. The district school board shall distribute
17 the annual bonus to each individual who meets the requirements
18 of this paragraph and who is certified annually by the
19 district to have demonstrated satisfactory teaching
20 performance pursuant to s. 231.29. The annual bonus may be
21 paid as a single payment or divided into not more than three
22 payments.
23 (d) An annual bonus equal to 10 percent of the prior
24 fiscal year's statewide average salary for classroom teachers
25 to be distributed to the school district to be paid to each
26 individual who meets the requirements of paragraph (c) and
27 agrees, in writing, to provide the equivalent of 12 workdays
28 of mentoring and related services to public school teachers
29 within the district who do not hold NBPTS certification. The
30 district school board shall distribute the annual bonus in a
31 single payment following the completion of all required
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1 mentoring and related services for the year. It is not the
2 intent of the Legislature to remove excellent teachers from
3 their assigned classrooms; therefore, credit may not be
4 granted by a school district or public school for mentoring or
5 related services provided during the regular school day or
6 during the 196 days of required service for the school year.
7 (e) The district shall receive an amount equal to 50
8 percent of the teacher bonuses provided under paragraphs (c)
9 and (d), which shall be used by the district for professional
10 development of teachers. The district must give priority to
11 using all funds received pursuant to this paragraph for
12 professional development of teachers employed at schools
13 identified as performing at critically low level.
14 (4)(a) In addition to any other remedy available under
15 law, any person who is a recipient of a certification fee
16 subsidy paid to the NBPTS and who is an employee of the state
17 or any of its political subdivisions shall be deemed to have
18 agreed as a condition of employment to have consented to
19 voluntary or involuntary withholding of wages to repay the
20 certification fee subsidy due to the state pursuant to this
21 section. Any such employee who has defaulted or does default
22 on the repayment of such certification fee shall, within 60
23 days after service of a notice of default by the Department of
24 Education to the employee, establish a repayment schedule
25 which shall be agreed to by the Department of Education and
26 the employee for repaying the defaulted payment through
27 payroll deductions. Under no circumstances may an amount in
28 excess of 10 percent per pay period of the pay of the employee
29 be required by the Department of Education as part of a
30 repayment schedule or plan. If the employee fails to establish
31 a repayment schedule within the specified period of time or
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1 fails to meet the terms and conditions of the agreed to or
2 approved repayment schedule as authorized by this subsection,
3 the employee shall be deemed to have breached an essential
4 condition of employment and consented to the involuntary
5 withholding of wages or salary for the repayment of the
6 certification fee.
7 (b) No person who is employed by the state or any of
8 its political subdivisions may be dismissed for having
9 defaulted on the repayment of the certification fee to the
10 state.
11 (c) The State Board of Education may adopt rules as
12 necessary to implement the provisions for payment of the fee
13 subsidies, incentives, and bonuses, and the repayment of
14 defaulted certification fees pursuant to this section.
15
16 A teacher for whom the state pays the certification fee and
17 who does not complete the certification program or does not
18 teach in a public school of this state for a least 1 year
19 after completing the certification program must repay the
20 amount of the certification fee to the state. However, a
21 teacher who completes the certification program but fails to
22 be awarded NBPTS certification is not required to repay the
23 amount of the certification fee if the teacher meets the
24 1-year teaching requirement. Repayment is not required of a
25 teacher who does not complete the certification program or
26 fails to fulfill the teaching requirement because of the
27 teacher's death or disability or because of other extenuating
28 circumstances as determined by the State Board of Education.
29 Section 46. Subsections (1) and (2), paragraph (b) of
30 subsection (3), and subsections (4) and (5) of section
31 240.529, Florida Statutes, are amended to read:
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1 240.529 Public accountability and state approval for
2 teacher preparation programs.--
3 (1) INTENT.--The Legislature recognizes that skilled
4 teachers make the most important contribution to a quality
5 educational system and that competent teachers are produced by
6 effective and accountable teacher preparation programs. The
7 intent of the Legislature is to establish a system for
8 development and approval of teacher preparation programs that
9 will free postsecondary teacher preparation institutions to
10 employ varied and innovative teacher preparation techniques
11 while being held accountable for producing graduates teachers
12 with the competencies and skills necessary to achieve for
13 achieving the state education goals; help students meet high
14 standards for academic achievement; maintain safe, secure
15 classroom learning environments; and sustain sustaining the
16 state system of school improvement and education
17 accountability established pursuant to ss. 229.591, 229.592,
18 and 229.593.
19 (2) DEVELOPMENT OF TEACHER PREPARATION PROGRAMS.--
20 (a) The Commissioner of Education shall appoint a
21 Teacher Preparation Program committee for the purpose of
22 establishing core curricula in each state-approved teacher
23 preparation program. The committee shall be comprised of
24 representatives from presidents of public and private colleges
25 and universities, deans of colleges of education, presidents
26 of community colleges, district school superintendents, and
27 high-performing teachers. The curricula shall be focused on
28 the knowledge, skills, and abilities essential to instruction
29 in the Sunshine State Standards, with a clear emphasis on the
30 importance of reading at all grade levels. The committee shall
31 make a report of its recommendations to the State Board of
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1 Education by January 1, 2000, and at that time may be
2 dissolved. The State Board of Education shall adopt rules that
3 establish uniform core curricula for each state-approved
4 teacher preparation program and shall utilize this report in
5 the development of such rules.
6 (b) A system developed by the Department of Education
7 in collaboration with institutions of higher education shall
8 assist departments and colleges of education in the
9 restructuring of their programs to meet the need for producing
10 quality teachers now and in the future. The system must be
11 designed to assist teacher educators in conceptualizing,
12 developing, implementing, and evaluating programs that meet
13 state-adopted standards. The Education Standards Commission
14 has primary responsibility for recommending these standards to
15 the State Board of Education for adoption. These standards
16 shall emphasize quality indicators drawn from research,
17 professional literature, recognized guidelines, Florida
18 essential teaching competencies and educator-accomplished
19 practices, effective classroom practices, and the outcomes of
20 the state system of school improvement and education
21 accountability, as well as performance measures. Departments
22 and colleges of education shall make every attempt to secure
23 priority funding for teacher preparation programs and courses
24 emphasizing the state system of school improvement and
25 education accountability concepts and standards.
26 (3) INITIAL STATE PROGRAM APPROVAL.--
27 (b) Each teacher preparation program approved by the
28 Department of Education, as provided for by this section,
29 shall require students to meet one of the following as
30 prerequisites a prerequisite for admission into the program:
31
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1 1. That a student receive a passing score at the 40th
2 percentile or above, as established by state board rule, on a
3 nationally standardized college entrance examination;
4 1.2. That a student Have a grade point average of at
5 least 2.5 on a 4.0 scale for the general education component
6 of undergraduate studies; or
7 2.3. That a student Have completed the requirements
8 for a baccalaureate degree with a minimum grade point average
9 of 2.5 on a 4.0 scale from any college or university
10 accredited by a regional accrediting association as defined by
11 state board rule; and.
12 3. Beginning with the 2000-2001 academic year,
13 demonstrate mastery of general knowledge, including the
14 ability to read, write, and compute by passing the College
15 Level Academic Skills Test, a corresponding component of the
16 National Teachers Examination series, or a similar test
17 pursuant to rules of the State Board of Education.
18
19 The State Board of Education may shall provide by rule for a
20 waiver of these requirements. The rule shall require that 90
21 percent of those admitted to each teacher education program
22 meet the requirements of this paragraph and that the program
23 implement strategies to ensure that students admitted under a
24 waiver receive assistance to demonstrate competencies to
25 successfully meet requirements for certification.
26 (4) CONTINUED PROGRAM APPROVAL.--Notwithstanding
27 subsection (3), failure by a public or nonpublic teacher
28 preparation program to meet the criteria for continued program
29 approval shall result in loss of program approval. The
30 Department of Education, in collaboration with the departments
31 and colleges of education, shall develop procedures for
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1 continued program approval which document the continuous
2 improvement of program processes and graduates' performance.
3 (a) Continued approval of specific teacher preparation
4 programs at each public and nonpublic institution of higher
5 education within the state is contingent upon the passing of
6 the written examination required by s. 231.17 by at least 90
7 80 percent of the graduates of the program who take the
8 examination. On request of an institution, the Department of
9 Education shall provide an analysis of the performance of the
10 graduates of such institution with respect to the competencies
11 assessed by the examination required by s. 231.17.
12 (b) Additional criteria for continued program approval
13 for public institutions may be developed by the Education
14 Standards Commission and approved by the State Board of
15 Education. Such criteria must emphasize outcome measures and
16 must may include, but need not be limited to, program
17 graduates' satisfaction with training and the unit's
18 responsiveness to local school districts. Additional criteria
19 for continued program approval for nonpublic institutions
20 shall be developed in the same manner as for public
21 institutions; however, such criteria must be based upon
22 significant, objective, and quantifiable graduate performance
23 measures. Responsibility for collecting data on outcome
24 measures through survey instruments and other appropriate
25 means shall be shared by the institutions of higher education,
26 the Board of Regents, the State Board of Independent Colleges
27 and Universities, and the Department of Education. By January
28 1 of each year, the Department of Education, in cooperation
29 with the Board of Regents and the State Board of Independent
30 Colleges and Universities, shall report this information for
31 each postsecondary institution that has state-approved
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1 programs of teacher education to the Governor, the
2 Commissioner of Education, the Chancellor of the State
3 University System, the President of the Senate, the Speaker of
4 the House of Representatives, all Florida postsecondary
5 teacher preparation programs, and interested members of the
6 public. This report must analyze the data and make
7 recommendations for improving teacher preparation programs in
8 the state.
9 (c) Beginning July 1, 1997, Continued approval for a
10 teacher preparation program is contingent upon the results of
11 annual reviews of the program conducted by the institution of
12 higher education, using procedures and criteria outlined in an
13 institutional program evaluation plan approved by the
14 Department of Education. This plan must incorporate the
15 criteria established in paragraphs (a) and (b) and include
16 provisions for involving primary stakeholders, such as program
17 graduates, district school personnel, classroom teachers,
18 principals, community agencies, parents of school-aged
19 children, and business representatives in the evaluation
20 process. Upon request by an institution, the department shall
21 provide assistance in developing, enhancing, or reviewing the
22 institutional program evaluation plan and training evaluation
23 team members.
24 (d) Beginning July 1, 1997, Continued approval for a
25 teacher preparation program is contingent upon standards being
26 in place that are designed to adequately prepare elementary,
27 middle, and high school teachers to instruct their students in
28 higher-level mathematics concepts at the appropriate grade
29 level.
30 (e) Beginning July 1, 2000, continued approval of
31 teacher preparation programs is contingent upon the receipt of
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1 at least a satisfactory rating from public schools and
2 nonpublic schools that employ graduates of the program.
3 Employer satisfaction shall be determined by an annually
4 administered survey instrument approved by the Department of
5 Education.
6 (f) Beginning with the 2000-2001 academic year, each
7 public and private institution that offers a teacher
8 preparation program in this state must annually report in the
9 institution's student catalogue the prior year's performance
10 of the teacher preparation program. Each annual report must
11 address at least the following measures:
12 1. Quality of students entering the program, as
13 evidenced by mean grade point average and average score on
14 examinations of general knowledge required by chapter 231 for
15 issuance of a temporary or professional certificate.
16 2. Graduation rates.
17 3. Time-to-graduation data.
18 4. Ability of graduates to perform at preprofessional
19 and professional levels as evidenced by the percentage of
20 graduates who pass the examinations required by chapter 231
21 and demonstrate competencies required for issuance of the
22 temporary certificate, professional certificate, and
23 certificate of competency in various subject areas.
24 5. Percentage of graduates rehired to teach after the
25 first year of employment in a public or private school.
26 6. Percentage of graduates remaining in teaching for
27 at least 4 years.
28 7. Satisfaction of graduates of the program as
29 evidenced by a common survey.
30
31
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1 8. Satisfaction of employers as evidenced by a common
2 survey of public and private schools that employ graduates of
3 the program.
4 (g) Beginning July 1, 2000, continued program approval
5 for teacher preparation programs is contingent upon compliance
6 with the entrance requirements itemized in subsection (3).
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 and must successfully
26 demonstrate effective classroom management strategies that
27 consistently result in improved student performance. The
28 Education Standards Commission shall recommend, and the state
29 board shall approve, the training requirements.
30 (c) Preservice field experience programs must provide
31 specific guidance and demonstration of effective classroom
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1 management strategies, modeling strategies for incorporating
2 technology into classroom instruction, and ways to link
3 instructional plans to the Sunshine State Standards, as
4 appropriate. Such experience must include at least 1 week of
5 supervised student contact with lower achieving students. The
6 length of structured field experiences may be extended to
7 ensure that candidates achieve the competencies needed to meet
8 certification requirements.
9 (d)(c) Postsecondary teacher preparation programs in
10 cooperation with district school boards and approved nonpublic
11 school associations shall select the school sites for
12 preservice field experience activities. These sites must
13 represent the full spectrum of school communities, including,
14 but not limited to, schools located in urban settings. In
15 order to be selected, school sites must demonstrate commitment
16 to the education of public school students and to the
17 preparation of future teachers. A nonpublic school
18 association, in order to be approved, must have a
19 state-approved master inservice program plan in accordance
20 with s. 236.0811.
21 Section 47. Section 231.6135, Florida Statutes, is
22 created to read:
23 231.6135 Statewide system for in-service professional
24 development.--The intent of this section is to establish a
25 statewide system of professional development that provides a
26 wide range of targeted in-service training to teachers and
27 administrators designed to upgrade skills and knowledge needed
28 to reach world class standards in education. The system shall
29 consist of a network of professional development academies in
30 each region of the state that are operated in partnership with
31 area business partners to develop and deliver high quality
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CS/HBs 751, 753 & 755, First Engrossed
1 training programs purchased by school districts. The academies
2 shall be established to meet the human resource development
3 needs of professional educators, schools, and school
4 districts. Funds appropriated for the initiation of
5 professional development academies shall be allocated by the
6 Commissioner of Education, unless otherwise provided in an
7 appropriations act. To be eligible for startup funds, the
8 academy must:
9 (1) Demonstrate the capacity to provide effective
10 training to improve teaching skills in the areas of elementary
11 or secondary reading and mathematics, the use of instructional
12 technology, high school algebra, and classroom management, and
13 to deliver such training using face-to-face, distance
14 learning, and individualized computer-based delivery systems.
15 (2) Propose a plan for responding in an effective and
16 timely manner to the professional development needs of
17 teachers, administrators, schools, and school districts
18 relating to improving student achievement and meeting state
19 and local education goals.
20 (3) Be established by the collaborative efforts of one
21 or more district school boards, members of the business
22 community, and the postsecondary institutions that will award
23 college credits for courses taught at the academy.
24 (4) Demonstrate the ability to provide high-quality
25 trainers and training, appropriate followup and coaching for
26 all participants, and support school personnel in positively
27 impacting student performance.
28 (5) Be operated under contract with its public
29 partners and governed by an independent board of directors,
30 which should include at least one superintendent and one
31 school board chairman from the participating school districts,
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1 the president of the collective bargaining unit that
2 represents the majority of the region's teachers, and at least
3 three individuals who are not employees or elected or
4 appointed officials of the participating school districts.
5 (6) Be financed during the first year of operation by
6 an equal or greater match from private funding sources and
7 demonstrate the ability to be self-supporting within 1 year
8 after opening through fees for services, grants, or private
9 contributions.
10 (7) Own or lease a facility that can be used to
11 deliver training on-site and through distance learning and
12 other technology-based delivery systems. The participating
13 district school boards may lease a site or facility to the
14 academy for a nominal fee and may pay all or part of the costs
15 of renovating a facility to accommodate the academy. The
16 academy is responsible for all operational, maintenance, and
17 repair costs.
18 (8) Provide professional development services for the
19 participating school districts as specified in the contract
20 and may provide professional development services to other
21 school districts, private schools, and individuals on a
22 fee-for-services basis.
23 Section 48. Section 231.601, Florida Statutes, is
24 repealed.
25 Section 49. Paragraph (a) of subsection (16) of
26 section 230.23, Florida Statutes, 1998 Supplement, is amended
27 to read:
28 230.23 Powers and duties of school board.--The school
29 board, acting as a board, shall exercise all powers and
30 perform all duties listed below:
31
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1 (16) IMPLEMENT SCHOOL IMPROVEMENT AND
2 ACCOUNTABILITY.--Maintain a system of school improvement and
3 education accountability as provided by statute and State
4 Board of Education rule. This system of school improvement and
5 education accountability shall be consistent with, and
6 implemented through, the district's continuing system of
7 planning and budgeting required by this section and ss.
8 229.555 and 237.041. This system of school improvement and
9 education accountability shall include, but not be limited to,
10 the following:
11 (a) School improvement plans.--Annually approve and
12 require implementation of a new, amended, or continuation
13 school improvement plan for each school in the district. Such
14 plan shall be designed to achieve the state education goals
15 and student performance standards pursuant to ss. 229.591(3)
16 and 229.592. Beginning in 1999-2000, each plan shall also
17 address issues relative to budget, training, instructional
18 materials, technology, staffing, student support services,
19 specific school safety and discipline strategies, and other
20 matters of resource allocation, as determined by school board
21 policy.
22 Section 50. Section 230.2316, Florida Statutes, 1998
23 Supplement, is amended to read:
24 230.2316 Dropout prevention.--
25 (1) SHORT TITLE.--This act may be cited as the
26 "Dropout Prevention and Academic Intervention Act."
27 (2) INTENT.--The Legislature recognizes that a growing
28 proportion of young people are not making successful
29 transitions to productive adult lives. The Legislature further
30 recognizes that traditional education programs which do not
31 meet certain students' educational needs and interests may
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1 cause these students to become unmotivated, fail, be truant,
2 be disruptive, or drop out of school. The Legislature finds
3 that a child who does not complete his or her education is
4 greatly limited in obtaining gainful employment, achieving his
5 or her full potential, and becoming a productive member of
6 society. Therefore, it is the intent of the Legislature to
7 authorize and encourage district school boards throughout the
8 state to develop and establish dropout prevention and academic
9 intervention activities designed to meet the needs of students
10 who do not perform well in traditional educational programs
11 establish comprehensive dropout prevention programs. These
12 programs shall be designed to meet the needs of students who
13 are not effectively served by conventional education programs
14 in the public school system. It is further the intent of the
15 Legislature that cooperative agreements be developed among
16 school districts, other governmental and private agencies, and
17 community resources in order to implement innovative exemplary
18 programs aimed at reducing the number of students who do not
19 complete their education and increasing the number of students
20 who have a positive experience in school and obtain a high
21 school diploma.
22 (3) STUDENT ELIGIBILITY AND PROGRAM CRITERIA.--
23 (a) Dropout prevention and academic intervention
24 programs may shall differ from traditional education programs
25 and schools in scheduling, administrative structure,
26 philosophy, curriculum, or setting and shall employ
27 alternative teaching methodologies, curricula, learning
28 activities, and or diagnostic and assessment procedures in
29 order to meet the needs, interests, abilities, and talents of
30 eligible students. The educational program shall provide
31 curricula, character development and law education as provided
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1 in s. 233.0612, and related services which support the program
2 goals and lead to improved performance in the areas of
3 academic achievement, attendance, and discipline completion of
4 a high school diploma. Student participation in such programs
5 shall be voluntary. Districts may, however, assign students to
6 a program for disruptive students. The minimum period of time
7 during which the student participates in the program shall be
8 equivalent to two instructional periods per day unless the
9 program utilizes a student support and assistance component
10 rather than regularly scheduled courses.
11 (b) Students in grades 1-12 4-12 shall be eligible for
12 dropout prevention and academic intervention programs.
13 Eligible dropout prevention students shall be reported in the
14 appropriate basic cost factor for dropout prevention full-time
15 equivalent student membership in the Florida Education Finance
16 Program in standard dropout prevention classes or student
17 support and assistance components which provide academic
18 assistance and coordination of support services to students
19 enrolled full time in a regular classroom. The strategies and
20 support provided to eligible students shall be funded through
21 the General Appropriations Act and may include, but are not
22 limited to those services identified on the student's academic
23 intervention plan. The student support and assistance
24 component shall include auxiliary services provided to
25 students or teachers, or both. Students participating in this
26 model shall generate funding only for the time that they
27 receive extra services or auxiliary help.
28 (c) A student shall be identified as being eligible to
29 receive services funded through the dropout prevention and
30 academic intervention program a potential dropout based upon
31 one of the following criteria:
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1 1. The student is academically unsuccessful as
2 evidenced by low test scores, retention, failing grades, low
3 grade point average, falling behind in earning credits, or not
4 meeting the state or district proficiency levels in reading,
5 mathematics, or writing.
6 2. The student has a pattern of excessive absenteeism
7 or has been identified as a habitual truant.
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 3.5. The student has a history of disruptive behavior
27 in school or has committed an offense that warrants
28 out-of-school suspension or expulsion from school according to
29 the district code of student conduct. For the purposes of this
30 program, "disruptive behavior" is behavior that:
31
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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
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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 3. 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
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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
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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 (4) PROGRAM IMPLEMENTATION.--
11 (a) Each district may establish one or more
12 alternative programs for dropout prevention and academic
13 intervention programs at the elementary, middle, junior high
14 school, or high school level. Programs designed to eliminate
15 patterns of excessive absenteeism or habitual truancy shall
16 emphasize academic performance and may provide specific
17 instruction in the areas of vocational education,
18 preemployment training, and behavioral management. Such
19 programs shall utilize instructional teaching methods
20 appropriate to the specific needs of the student.
21 (b) Each school that establishes or continues a
22 dropout prevention and academic intervention program at that
23 school site shall reflect that program in the school
24 improvement plan as required under s. 230.23(16).
25 (c) Districts may modify courses listed in the State
26 Course Code Directory for the purpose of providing dropout
27 prevention programs pursuant to the provisions of this
28 section.
29 (5) EVALUATION.--Each school district receiving state
30 funding for dropout prevention and academic intervention
31 programs through the General Appropriations Act Florida
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1 Education Finance Program shall submit a plan to the
2 department which identifies the students to be served and the
3 scope of intervention services to be provided. Districts shall
4 also submit information through an annual report to the
5 Department of Education's database documenting the extent to
6 which each of the district's dropout prevention and academic
7 intervention programs has been successful in the areas of
8 graduation rate, dropout rate, attendance rate, and
9 retention/promotion rate. The department shall compile this
10 information into an annual report which shall be submitted to
11 the presiding officers of the Legislature by February 15.
12 (6) STAFF DEVELOPMENT.--Each school district shall
13 establish procedures for ensuring that teachers assigned to
14 dropout prevention and academic intervention programs possess
15 the affective, pedagogical, and content-related skills
16 necessary to meet the needs of these at-risk students. Each
17 school board shall also ensure that adequate staff development
18 activities are available for dropout prevention staff and that
19 dropout prevention staff participate in these activities.
20 (7) RECORDS.--Each district providing a program for
21 dropout prevention and academic intervention program pursuant
22 to the provisions of this section shall maintain for each
23 participating student for whom funding is generated through
24 the Florida Education Finance Program records documenting the
25 student's eligibility, the length of participation, the type
26 of program to which the student was assigned or the type of
27 academic intervention services provided, and an evaluation of
28 the student's academic and behavioral performance while in the
29 program. The parents or guardians of a student assigned to
30 such a dropout prevention and academic intervention program
31 shall be notified in writing and entitled to an administrative
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1 review of any action by school personnel relating to such
2 placement pursuant to the provisions of chapter 120.
3 (8) COORDINATION WITH OTHER AGENCIES.--School district
4 dropout prevention and academic intervention programs shall be
5 coordinated with social service, law enforcement,
6 prosecutorial, and juvenile justice agencies and juvenile
7 assessment centers in the school district. Notwithstanding the
8 provisions of s. 228.093, these agencies are authorized to
9 exchange information contained in student records and juvenile
10 justice records. Such information is confidential and exempt
11 from the provisions of s. 119.07(1). School districts and
12 other agencies receiving such information shall use the
13 information only for official purposes connected with the
14 certification of students for admission to and for the
15 administration of the dropout prevention and academic
16 intervention program, and shall maintain the confidentiality
17 of such information unless otherwise provided by law or rule.
18 (9) RULES.--The Department of Education shall have the
19 authority pursuant to ss. 120.536(1) and 120.54 to adopt any
20 rules necessary to implement the provisions of this section;
21 such rules shall require the minimum amount of necessary
22 paperwork and reporting necessary to comply with this act.
23 Section 51. Section 231.085, Florida Statutes, is
24 amended to read:
25 231.085 Duties of principals.--A district school board
26 shall employ, through written contract, public school
27 principals who shall supervise the operation and management of
28 the schools and property as the board determines necessary.
29 Each principal shall perform such duties as may be assigned by
30 the superintendent pursuant to the rules of the school board.
31 Such rules shall include, but not be limited to, rules
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1 relating to administrative responsibility, instructional
2 leadership of the educational program of the school to which
3 the principal is assigned, submission of personnel
4 recommendations to the superintendent, administrative
5 responsibility for records and reports, administration of
6 corporal punishment, and student suspension. Each principal
7 shall provide leadership in the development or revision and
8 implementation of a school improvement plan pursuant to s.
9 230.23(16). Each principal must make the necessary provisions
10 to ensure that all school reports are accurate and timely, and
11 must provide the necessary training opportunities for staff to
12 accurately report attendance, FTE program participation,
13 student performance, teacher appraisal, and school safety and
14 discipline data. A principal who fails to comply with this
15 section shall be ineligible for any portion of the performance
16 pay policy incentive under s. 230.23(5)(c).
17 Section 52. Section 232.001, Florida Statutes, is
18 created to read:
19 232.001 Pilot projects.--It is the purpose of this
20 section to authorize at least three district school boards
21 identified in the General Appropriations Act to implement
22 pilot projects that raise the compulsory age of attendance for
23 children from the age of 16 years to 18 years, except for
24 those students who graduate from high school before reaching
25 18 years of age. The pilot project applies to each child who
26 has not attained the age of 16 years by September 30 of the
27 school year in which a school board policy is adopted.
28 (1) Beginning July 1, 1999, the district school boards
29 as identified in the General Appropriations Act may implement
30 a pilot project consistent with policy adopted by each of the
31 school boards to raise the compulsory age of attendance for
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1 children from the age of 16 years to 18 years, except for
2 those students who graduate from high school before reaching
3 18 years of age.
4 (2) Before the beginning of the school year, each
5 district school board that chooses to participate in the pilot
6 project must adopt a policy for raising the compulsory age of
7 attendance for children from the age of 16 years to 18 years,
8 except for those students who graduate from high school before
9 reaching 18 years of age.
10 (a) Before the adoption of the policy, each district
11 school board must provide a notice of intent to adopt a policy
12 to raise the compulsory age of attendance for children from
13 the age of 16 years to 18 years, except for those students who
14 graduate from high school before reaching 18 years of age. The
15 notice must be provided to the parent or legal guardian of
16 each child who is the age of 15 years and who is enrolled in a
17 school in the district.
18 (b) Within 2 weeks after adoption of the school board
19 policy, each district school board must provide notice of the
20 policy to the parent or legal guardian of each child who is
21 the age of 15 years and who is enrolled in a school in the
22 district. The notice must also provide information related to
23 the penalties for refusing or failing to comply with the
24 compulsory attendance requirements and information on
25 alternative education programs offered within the school
26 district.
27 (3) All state laws and State Board of Education rules
28 related to students subject to compulsory school attendance
29 apply to a district school board that chooses to participate
30 in a pilot project. Notwithstanding the provisions of s.
31 232.01, the formal declaration of intent to terminate school
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CS/HBs 751, 753 & 755, First Engrossed
1 enrollment does not apply to a district school board that
2 chooses to participate in a pilot project.
3 (4) Each district school board that chooses to
4 participate in the pilot project must evaluate the effect of
5 the adopted school board policy for raising the compulsory age
6 of attendance on school attendance and the school district's
7 dropout rate, as well as the costs associated with the pilot
8 project. Each school district shall report the findings to the
9 President of the Senate, the Speaker of the House of
10 Representatives, the minority leader of each house, the
11 Governor, and the Commissioner of Education not later than
12 August 1 following each year that the pilot project is in
13 operation.
14 Section 53. Subsection (2) of section 232.09, Florida
15 Statutes, is amended to read:
16 232.09 Parents and legal guardians responsible for
17 attendance of children; attendance policy.--
18 (2) Each parent and legal guardian of a child within
19 the compulsory attendance age is responsible for the child's
20 school attendance as required by law. The absence of a child
21 from school is prima facie evidence of a violation of this
22 section; however, criminal prosecution under this chapter may
23 not be brought against a parent, guardian, or other person
24 having control of the child until the provisions of s.
25 232.17(2) have been complied with. A parent or guardian of a
26 child is not responsible for the child's nonattendance at
27 school under any of the following conditions:
28 (a) With permission.--The absence was with permission
29 of the head of the school; or
30
31
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CS/HBs 751, 753 & 755, First Engrossed
1 (b) Without knowledge.--The absence was without the
2 parent's knowledge, consent, or connivance, in which case the
3 child shall be dealt with as a dependent child; or
4 (c) Financial inability.--The parent was unable
5 financially to provide necessary clothes for the child, which
6 inability was reported in writing to the superintendent prior
7 to the opening of school or immediately after the beginning of
8 such inability; provided, that the validity of any claim for
9 exemption under this subsection shall be determined by the
10 superintendent subject to appeal to the school board; or
11 (d) Sickness, injury, or other insurmountable
12 condition.--Attendance was impracticable or inadvisable on
13 account of sickness or injury, attested to by a written
14 statement of a licensed practicing physician, or was
15 impracticable because of some other stated insurmountable
16 condition as defined by rules of the state board. If a student
17 is continually sick and repeatedly absent from school, he or
18 she must be under the supervision of a physician in order to
19 receive an excuse from attendance. Such excuse provides that a
20 student's condition justifies absence for more than the number
21 of days permitted by the district school board.
22
23 Each district school board shall establish an attendance
24 policy which includes, but is not limited to, the required
25 number of days each school year that a student must be in
26 attendance and the number of absences and tardinesses after
27 which a statement explaining such absences and tardinesses
28 must be on file at the school. Each school in the district
29 must determine if an absence or tardiness is excused or
30 unexcused according to criteria established by the district
31 school board.
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1 Section 54. Section 232.17, Florida Statutes, 1998
2 Supplement, is amended to read:
3 232.17 Enforcement of school attendance.--The
4 Legislature finds that poor academic performance is associated
5 with nonattendance and that schools must take an active role
6 in enforcing attendance as a means of improving the
7 performance of many students. It is the policy of the state
8 that the superintendent of each school district be responsible
9 for enforcing school attendance of all children and youth
10 subject to the compulsory school age in the school district.
11 The responsibility includes recommending to the school board
12 policies and procedures to ensure that schools respond in a
13 timely manner to every unexcused absence, or absence for which
14 the reason is unknown, of students enrolled in the schools.
15 School board policies must require each parent or guardian of
16 a student to justify each absence of the student, and that
17 justification will be evaluated based on adopted school board
18 policies that define excused and unexcused absences. The
19 policies must provide that schools track excused and unexcused
20 absences and contact the home in the case of an unexcused
21 absence from school, or absence for which the reason is
22 unknown, to prevent the development of patterns of
23 nonattendance. The Legislature finds that early intervention
24 in school attendance matters is the most effective way of
25 producing good attendance habits that will lead to improved
26 student learning and achievement. Each public school shall
27 implement the following steps to enforce regular school
28 attendance:
29 (1) CONTACT, REFER, AND ENFORCE.--
30 (a) Upon each unexcused absence, or absence for which
31 the reason is unknown, the school principal or his or her
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CS/HBs 751, 753 & 755, First Engrossed
1 designee shall contact the home to determine the reason for
2 the absence. If the absence is an excused absence, as defined
3 by school board policy, the school shall provide opportunities
4 for the student to make up assigned work and not receive an
5 academic penalty unless the work is not made up within a
6 reasonable time.
7 (b) If a student has had at least five unexcused
8 absences, or absences for which the reason is unknown, within
9 a calendar month or ten unexcused absences, or absences for
10 which the reason is unknown, within a 90 calendar day period,
11 the student's primary teacher shall report to the school
12 principal or his or her designee that the student may be
13 exhibiting a pattern of nonattendance. The principal shall,
14 unless there is clear evidence that the absences are not a
15 pattern of nonattendance, refer the case to the school's child
16 study team to determine if early patterns of truancy are
17 developing. If the child study team finds that a pattern of
18 nonattendance is developing, whether the absences are excused
19 or not, a meeting with the parent must be scheduled to
20 identify potential remedies.
21 (c) If an initial meeting does not resolve the
22 problem, the child study team shall implement interventions
23 that best address the problem. The interventions may include,
24 but need not be limited to:
25 1. Frequent communication between the teacher and the
26 family;
27 2. Changes in the learning environment;
28 3. Mentoring;
29 4. Student counseling;
30 5. Tutoring, including peer tutoring;
31 6. Placement into different classes;
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1 7. Evaluation for alternative education programs;
2 8. Attendance contracts;
3 9. Referral to other agencies for family services; or
4 10. Other interventions.
5 (d) The child study team shall be diligent in
6 facilitating intervention services and shall report the case
7 to the superintendent only when all reasonable efforts to
8 resolve the nonattendance behavior are exhausted.
9 (e) If the parent, guardian, or other person in charge
10 of the child refuses to participate in the remedial strategies
11 because he or she believes that those strategies are
12 unnecessary or inappropriate, the parent, guardian, or other
13 person in charge of the child may appeal to the school board.
14 The school board may provide a hearing officer and the hearing
15 officer shall make a recommendation for final action to the
16 board. If the board's final determination is that the
17 strategies of the child study team are appropriate, and the
18 parent, guardian, or other person in charge of the child still
19 refuses to participate or cooperate, the superintendent may
20 seek criminal prosecution for noncompliance with compulsory
21 school attendance.
22 (f) If the parent, guardian, or other person in charge
23 of the child reports to the child study team or other
24 designated school representative that the child subject to
25 compulsory school attendance is ungovernable and will not
26 comply with attempts to enforce school attendance, then the
27 parent or guardian or the superintendent shall file a
28 child-in-need-of-services petition or
29 family-in-need-of-services petition seeking services from the
30 Department of Juvenile Justice and a court order to attend
31 school. The superintendent shall provide evidence to the court
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CS/HBs 751, 753 & 755, First Engrossed
1 that the school system is prepared to provide a learning
2 environment for the student that is responsive to the
3 student's learning needs and that all reasonable efforts to
4 resolve the nonattendance behavior have been exhausted. The
5 court may enforce a contempt of court order if the child
6 refuses to comply. Pursuant to procedures established by the
7 district school board, a designated school representative must
8 complete activities designed to determine the cause and
9 attempt the remediation of truant behavior, as provided in
10 this section.
11 (1) INVESTIGATE NONENROLLMENT AND UNEXCUSED
12 ABSENCES.--A designated school representative shall
13 investigate cases of nonenrollment and unexcused absences from
14 school of all children subject to compulsory school
15 attendance.
16 (2) GIVE WRITTEN NOTICE.--
17 (a) Under the direction of the superintendent, a
18 designated school representative shall give written notice, in
19 person or by return-receipt mail, to the parent, guardian, or
20 other person having control when no valid reason is found for
21 a child's nonenrollment in school which requires or when the
22 child has a minimum of 3 but fewer than 6 unexcused absences
23 within 90 calendar days, requiring enrollment and or
24 attendance within 3 days after the date of notice. If the
25 notice and requirement are ignored, the designated school
26 representative shall report the case to the superintendent,
27 and may refer the case to the case staffing committee,
28 established pursuant to s. 984.12, if the conditions of s.
29 232.19(3) have been met. the superintendent shall may take
30 such steps as are necessary to bring criminal prosecution
31 against the parent, guardian, or other person having control.
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CS/HBs 751, 753 & 755, First Engrossed
1 (b) Subsequent to the activities required under
2 subsection (1), the superintendent or his or her designee
3 shall give written notice in person or by return-receipt mail
4 to the parent, guardian, or other person in charge of the
5 child that criminal prosecution is being sought for
6 nonattendance. The superintendent may file a truancy petition
7 in truancy court, as defined in s. 984.03, following the
8 procedures outlined in s. 984.151.
9 (3) RETURN CHILD TO PARENT.--A designated school
10 representative shall visit the home or place of residence of a
11 child and any other place in which he or she is likely to find
12 any child who is required to attend school when such child is
13 not enrolled or is absent from school during school hours
14 without an excuse, and, when the child is found, shall return
15 the child to his or her parent or to the principal or teacher
16 in charge of the school, or to the private tutor from whom
17 absent, or to the juvenile assessment center or other location
18 established by the school board to receive students who are
19 absent from school. Upon receipt of the student, the parent
20 shall be immediately notified.
21 (4) REPORT TO THE DIVISION OF JOBS AND BENEFITS.--A
22 designated school representative shall report to the Division
23 of Jobs and Benefits of the Department of Labor and Employment
24 Security or to any person acting in similar capacity who may
25 be designated by law to receive such notices, all violations
26 of the Child Labor Law that may come to his or her knowledge.
27 (5) RIGHT TO INSPECT.--A designated school
28 representative shall have the same right of access to, and
29 inspection of, establishments where minors may be employed or
30 detained as is given by law to the Division of Jobs and
31 Benefits only for the purpose of ascertaining whether children
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CS/HBs 751, 753 & 755, First Engrossed
1 of compulsory school age are actually employed there and are
2 actually working there regularly. The designated school
3 representative shall, if he or she finds unsatisfactory
4 working conditions or violations of the Child Labor Law,
5 report his or her findings to the Division of Jobs and
6 Benefits or its agents.
7 (6) RESUMING SERIES.--If a child repeats a pattern of
8 nonattendance within one school year, the designated school
9 representative shall resume the series of escalating
10 activities at the point at which he or she had previously left
11 off.
12 Section 55. Subsection (3) of section 232.19, Florida
13 Statutes, 1998 Supplement, is amended to read:
14 232.19 Court procedure and penalties.--The court
15 procedure and penalties for the enforcement of the provisions
16 of this chapter, relating to compulsory school attendance,
17 shall be as follows:
18 (3) HABITUAL TRUANCY CASES.--The superintendent is
19 authorized to file a truancy petition in truancy court, as
20 defined in s. 984.03, following the procedures outlined in s.
21 984.151. If the superintendent chooses not to file a truancy
22 petition, procedures for filing a child-in-need-of-services
23 petition shall be commenced pursuant to this subsection. In
24 accordance with procedures established by the district school
25 board, the designated school representative shall refer a
26 student who is habitually truant and the student's family to
27 the children-in-need-of-services and
28 families-in-need-of-services provider or the case staffing
29 committee, established pursuant to s. 984.12, as determined by
30 the cooperative agreement required in this section. The case
31 staffing committee may request the Department of Juvenile
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CS/HBs 751, 753 & 755, First Engrossed
1 Justice or its designee to file a child-in-need-of-services
2 petition based upon the report and efforts of the school
3 district or other community agency or may seek to resolve the
4 truant behavior through the school or community-based
5 organizations or agencies. Prior to and subsequent to the
6 filing of a child-in-need-of-services petition due to habitual
7 truancy, the appropriate governmental agencies must allow a
8 reasonable time to complete actions required by this
9 subsection to remedy the conditions leading to the truant
10 behavior. However, a court order requiring school attendance
11 shall be obtained as a necessary part of such services. The
12 following criteria must be met and documented in writing Prior
13 to the filing of a petition, the school district must have
14 complied with the requirements of s. 232.17, and those efforts
15 must have been unsuccessful.:
16 (a) The child must have 15 unexcused absences within
17 90 calendar days with or without the knowledge or consent of
18 the child's parent or legal guardian, must be subject to
19 compulsory school attendance, and must not be exempt under s.
20 232.06, s. 232.09, or any other exemption specified by law or
21 the rules of the State Board of Education.
22 (b) In addition to the actions described in s. 232.17,
23 the school administration must have completed the following
24 activities to determine the cause, and to attempt the
25 remediation, of the child's truant behavior:
26 1. After a minimum of 3 and prior to 6 unexcused
27 absences within 90 calendar days, one or more meetings must
28 have been held, either in person or by phone, between a
29 designated school representative, the child's parent or
30 guardian, and the child, if necessary, to report and to
31 attempt to solve the truancy problem. However, if the
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CS/HBs 751, 753 & 755, First Engrossed
1 designated school representative has documented the refusal of
2 the parent or guardian to participate in the meetings, this
3 requirement has been met.
4 2. Educational counseling must have been provided to
5 determine whether curriculum changes would help solve the
6 truancy problem, and, if any changes were indicated, such
7 changes must have been instituted but proved unsuccessful in
8 remedying the truant behavior. Such curriculum changes may
9 include enrollment of the child in a dropout prevention
10 program that meets the specific educational and behavioral
11 needs of the child, including a second chance school, as
12 provided for in s. 230.2316, designed to resolve truant
13 behavior.
14 3. Educational evaluation, which may include
15 psychological evaluation, must have been provided to assist in
16 determining the specific condition, if any, that is
17 contributing to the child's nonattendance. The evaluation
18 must have been supplemented by specific efforts by the school
19 to remedy any diagnosed condition.
20
21 If a child who is subject to compulsory school attendance is
22 responsive to the interventions described in this paragraph
23 and has completed the necessary requirements to pass the
24 current grade as indicated in the district pupil progression
25 plan, the child shall be passed.
26 Section 56. Effective July 1, 1999, paragraph (a) of
27 subsection (1) of section 236.081, Florida Statutes, 1998
28 Supplement, is amended to read:
29 236.081 Funds for operation of schools.--If the annual
30 allocation from the Florida Education Finance Program to each
31 district for operation of schools is not determined in the
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CS/HBs 751, 753 & 755, First Engrossed
1 annual appropriations act or the substantive bill implementing
2 the annual appropriations act, it shall be determined as
3 follows:
4 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
5 OPERATION.--The following procedure shall be followed in
6 determining the annual allocation to each district for
7 operation:
8 (a) Determination of full-time equivalent
9 membership.--During each of several school weeks, including
10 scheduled intersessions of a year-round school program during
11 the fiscal year, a program membership survey of each school
12 shall be made by each district by aggregating the full-time
13 equivalent student membership of each program by school and by
14 district. The department shall establish the number and
15 interval of membership calculations, except that for basic and
16 special programs such calculations shall not exceed nine for
17 any fiscal year. The district's full-time equivalent
18 membership shall be computed and currently maintained in
19 accordance with regulations of the commissioner. Beginning
20 with school year 1999-2000, each school district shall also
21 document the daily attendance of each student in membership by
22 school and by district. An average daily attendance factor
23 shall be computed by dividing the total daily attendance of
24 all students by the total number of students in membership and
25 then by the number of days in the regular school year.
26 Beginning with school year 2001-2002, the district's full-time
27 equivalent membership shall be adjusted by multiplying by the
28 average daily attendance factor.
29 Section 57. Paragraph (b) of subsection (4), and
30 paragraphs (a) and (b) of subsection (5) of section 240.529,
31 Florida Statutes, are amended to read:
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CS/HBs 751, 753 & 755, First Engrossed
1 240.529 Public accountability and state approval for
2 teacher preparation programs.--
3 (4) CONTINUED PROGRAM APPROVAL.--Notwithstanding
4 subsection (3), failure by a public or nonpublic teacher
5 preparation program to meet the criteria for continued program
6 approval shall result in loss of program approval. The
7 Department of Education, in collaboration with the departments
8 and colleges of education, shall develop procedures for
9 continued program approval which document the continuous
10 improvement of program processes and graduates' performance.
11 (b) Additional criteria for continued program approval
12 for public institutions may be developed by the Education
13 Standards Commission and approved by the State Board of
14 Education. Such criteria must emphasize outcome measures of
15 student performance in the areas of classroom management and
16 improving the performance of students who have traditionally
17 failed to meet student achievement goals and have been
18 overrepresented in school suspensions and other disciplinary
19 actions, and may include, but need not be limited to, program
20 graduates' satisfaction with training and the unit's
21 responsiveness to local school districts. Additional criteria
22 for continued program approval for nonpublic institutions
23 shall be developed in the same manner as for public
24 institutions; however, such criteria must be based upon
25 significant, objective, and quantifiable graduate performance
26 measures. Responsibility for collecting data on outcome
27 measures through survey instruments and other appropriate
28 means shall be shared by the institutions of higher education,
29 the Board of Regents, the State Board of Independent Colleges
30 and Universities, and the Department of Education. By January
31 1 of each year, the Department of Education, in cooperation
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1 with the Board of Regents and the State Board of Independent
2 Colleges and Universities, shall report this information for
3 each postsecondary institution that has state-approved
4 programs of teacher education to the Governor, the
5 Commissioner of Education, the Chancellor of the State
6 University System, the President of the Senate, the Speaker of
7 the House of Representatives, all Florida postsecondary
8 teacher preparation programs, and interested members of the
9 public. This report must analyze the data and make
10 recommendations for improving teacher preparation programs in
11 the state.
12 (5) PRESERVICE FIELD EXPERIENCE.--All postsecondary
13 instructors, school district personnel and instructional
14 personnel, and school sites preparing instructional personnel
15 through preservice field experience courses and internships
16 shall meet special requirements.
17 (a) All instructors in postsecondary teacher
18 preparation programs who instruct or supervise preservice
19 field experience courses or internships shall have at least
20 one of the following: specialized training in clinical
21 supervision; a valid professional teaching certificate
22 pursuant to ss. 231.17 and 231.24; or at least 3 years of
23 successful teaching experience in prekindergarten through
24 grade 12; or a commitment to spend periods of time specified
25 by State Board of Education rule teaching in the public
26 schools.
27 (b) All school district personnel and instructional
28 personnel who supervise or direct teacher preparation students
29 during field experience courses or internships must have
30 evidence of "clinical educator" training. The Education
31
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1 Standards Commission shall recommend, and the state board
2 shall approve, the training requirements.
3 Section 58. Subsection (29) of section 984.03, Florida
4 Statutes, 1998 Supplement, is amended, subsection (57) of said
5 section is renumbered as subsection (59), and new subsections
6 (57) and (58) are added to said section, to read:
7 984.03 Definitions.--When used in this chapter, the
8 term:
9 (29) "Habitually truant" means that:
10 (a) The child has 15 unexcused absences within 90
11 calendar days with or without the knowledge or justifiable
12 consent of the child's parent or legal guardian, is subject to
13 compulsory school attendance under s. 232.01, and is not
14 exempt under s. 232.06, s. 232.09, or any other exemptions
15 specified by law or the rules of the State Board of Education.
16 (b) Escalating Activities to determine the cause, and
17 to attempt the remediation, of the child's truant behavior
18 under ss. 232.17 and 232.19 have been completed.
19
20 If a child who is subject to compulsory school attendance is
21 responsive to the interventions described in ss. 232.17 and
22 232.19 and has completed the necessary requirements to pass
23 the current grade as indicated in the district pupil
24 progression plan, the child shall not be determined to be
25 habitually truant and shall be passed. If a child within the
26 compulsory school attendance age has 15 unexcused absences
27 within 90 calendar days or fails to enroll in school, the
28 State Attorney or the appropriate jurisdictional agency shall
29 may file a child-in-need-of-services petition unless,. Prior
30 to filing a petition, the child must be referred to the
31 appropriate agency for evaluation. after consulting with the
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1 evaluating agency, the State Attorney determines that another
2 alternative placement is preferable may elect to file a
3 child-in-need-of-services petition.
4 (c) A school representative, designated according to
5 school board policy, and a juvenile probation officer of the
6 Department of Juvenile Justice have jointly investigated the
7 truancy problem or, if that was not feasible, have performed
8 separate investigations to identify conditions that may be
9 contributing to the truant behavior; and if, after a joint
10 staffing of the case to determine the necessity for services,
11 such services were determined to be needed, the persons who
12 performed the investigations met jointly with the family and
13 child to discuss any referral to appropriate community
14 agencies for economic services, family or individual
15 counseling, or other services required to remedy the
16 conditions that are contributing to the truant behavior.
17 (d) The failure or refusal of the parent or legal
18 guardian or the child to participate, or make a good faith
19 effort to participate, in the activities prescribed to remedy
20 the truant behavior, or the failure or refusal of the child to
21 return to school after participation in activities required by
22 this subsection, or the failure of the child to stop the
23 truant behavior after the school administration and the
24 Department of Juvenile Justice have worked with the child as
25 described in s. 232.19(3) and (4) shall be handled as
26 prescribed in s. 232.19.
27 (57) "Truancy court" means the circuit court's chosen
28 delegation of the authority to hear a truancy petition to a
29 hearing officer who shall have all the authority of the
30 circuit court for the purpose of hearing the truancy petition
31 and ordering sanctions under s. 984.151.
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1 (58) "Truancy petition" means a petition filed by the
2 school superintendent alleging that a student subject to
3 compulsory school attendance has had more than 15 unexcused
4 absences in a 90 calendar day period. A truancy petition is
5 filed in truancy court and processed under s. 984.151.
6 Section 59. Section 984.151, Florida Statutes, is
7 created to read:
8 984.151 Truancy court; petition; prosecution;
9 disposition.--
10 (1) If the school determines that a student subject to
11 compulsory school attendance has had more than 15 unexcused
12 absences in a 90 calendar day period, the superintendent may
13 file a truancy petition in truancy court.
14 (2) The petition shall be filed in the circuit where
15 the student is enrolled in school.
16 (3) Original jurisdiction to hear a truancy petition
17 shall be in the circuit court; however, the circuit court may
18 choose to delegate this authority to a special hearing master
19 trained in truancy issues.
20 (4) The petition shall contain the following: name,
21 age, and address of the student, name and address of the
22 student's parent or guardian; school where the student is
23 enrolled; what efforts the school has made to get the student
24 to attend school; number of out-of-school contacts between the
25 school system and student's parent or guardian; number of days
26 and dates of days the student has missed school. The petition
27 shall be sworn to by the superintendent or his or her
28 designee.
29 (5) Once the petition is filed, the truancy court
30 shall hear the petition within 30 days.
31
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1 (6) The student and the student's parent or guardian
2 shall attend the hearing.
3 (7) If the court determines that the student did miss
4 any of the alleged days, the court shall order the student to
5 attend school and the parent to ensure that the student
6 attends school, and may order any of the following: the
7 student to participate in alternative sanctions to include
8 mandatory attendance at alternative classes to be followed by
9 mandatory community services hours for a period up to 6
10 months; the student and the student's parent or guardian to
11 participate in homemaker or parent aide services; the student
12 or the student's parent or guardian to participate in
13 intensive crisis counseling; the student or the student's
14 parent or guardian to participate in community mental health
15 services if available and applicable; the student and the
16 student's parent or guardian to participate in service
17 provided by voluntary or community agencies as available; the
18 student or the student's parent or guardian to participate in
19 vocational, job training, or employment services.
20 (8) If the student or the student's parent or guardian
21 does not successfully complete the sanctions ordered in
22 subsection (7), the case shall be referred to the case
23 staffing committee under s. 984.12 with a recommendation to
24 file a child-in-need-of-services petition under s. 984.15.
25 Section 60. For the purpose of incorporating
26 amendments to sections or subdivisions of the Florida Statutes
27 included in sections 1 through 16 of this act in references
28 thereto, the sections or subdivisions of Florida Statutes or
29 Florida Statutes, 1998 Supplement, set forth below are
30 reenacted to read:
31
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1 24.121 Allocation of revenues and expenditure of funds
2 for public education.--
3 (5)
4 (b) Except as provided in paragraphs (c), (d), and
5 (e), the Legislature shall equitably apportion moneys in the
6 trust fund among public schools, community colleges, and
7 universities.
8 (c) A portion of such net revenues, as determined
9 annually by the Legislature, shall be distributed to each
10 school district and shall be made available to each public
11 school in the district for enhancing school performance
12 through development and implementation of a school improvement
13 plan pursuant to s. 230.23(16). A portion of these moneys, as
14 determined annually in the General Appropriations Act, must be
15 allocated to each school in an equal amount for each student
16 enrolled. These moneys may be expended only on programs or
17 projects selected by the school advisory council or by a
18 parent advisory committee created pursuant to this paragraph.
19 If a school does not have a school advisory council, the
20 district advisory council must appoint a parent advisory
21 committee composed of parents of students enrolled in that
22 school, which committee is representative of the ethnic,
23 racial, and economic community served by the school, to advise
24 the school's principal on the programs or projects to be
25 funded. A principal may not override the recommendations of
26 the school advisory council or the parent advisory committee.
27 These moneys may not be used for capital improvements, nor may
28 they be used for any project or program that has a duration of
29 more than 1 year; however, a school advisory council or parent
30 advisory committee may independently determine that a program
31
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1 or project formerly funded under this paragraph should receive
2 funds in a subsequent year.
3 120.81 Exceptions and special requirements; general
4 areas.--
5 (1) EDUCATIONAL UNITS.--
6 (b) Notwithstanding s. 120.52(15), any tests, test
7 scoring criteria, or testing procedures relating to student
8 assessment which are developed or administered by the
9 Department of Education pursuant to s. 229.57, s. 232.245, s.
10 232.246, or s. 232.247, or any other statewide educational
11 tests required by law, are not rules.
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 (e) A sponsor shall ensure that the charter is
19 innovative and consistent with the state education goals
20 established by s. 229.591.
21 228.0565 Deregulated public schools.--
22 (6) ELEMENTS OF THE PROPOSAL.--The major issues
23 involving the operation of a deregulated public school shall
24 be considered in advance and written into the proposal.
25 (b) The school shall make annual progress reports to
26 the district, which upon verification shall be forwarded to
27 the Commissioner of Education at the same time as other annual
28 school accountability reports. The report shall contain at
29 least the following information:
30 1. The school's progress towards achieving the goals
31 outlined in its proposal.
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1 2. The information required in the annual school
2 report pursuant to s. 229.592.
3 3. Financial records of the school, including revenues
4 and expenditures.
5 4. Salary and benefit levels of school employees.
6 (c) A school district shall ensure that the proposal
7 is innovative and consistent with the state education goals
8 established by s. 229.591.
9 (d) Upon receipt of the annual report required by
10 paragraph (b), the Department of Education shall provide to
11 the State Board of Education, the Commissioner of Education,
12 the President of the Senate, and the Speaker of the House of
13 Representatives with a copy of each report and an analysis and
14 comparison of the overall performance of students, to include
15 all students in deregulated public schools whose scores are
16 counted as part of the norm-referenced assessment tests,
17 versus comparable public school students in the district as
18 determined by norm-referenced assessment tests currently
19 administered in the school district, and, as appropriate, the
20 Florida Writes Assessment Test, the High School Competency
21 Test, and other assessments administered pursuant to s.
22 229.57(3).
23 228.301 Test security.--
24 (1) It is unlawful for anyone knowingly and willfully
25 to violate test security rules adopted by the State Board of
26 Education or the Commissioner of Education for mandatory tests
27 administered by or through the State Board of Education or the
28 Commissioner of Education to students, educators, or
29 applicants for certification or administered by school
30 districts pursuant to s. 229.57, or, with respect to any such
31 test, knowingly and willfully to:
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1 (a) Give examinees access to test questions prior to
2 testing;
3 (b) Copy, reproduce, or use in any manner inconsistent
4 with test security rules all or any portion of any secure test
5 booklet;
6 (c) Coach examinees during testing or alter or
7 interfere with examinees' responses in any way;
8 (d) Make answer keys available to examinees;
9 (e) Fail to follow security rules for distribution and
10 return of secure test as directed, or fail to account for all
11 secure test materials before, during, and after testing;
12 (f) Fail to follow test administration directions
13 specified in the test administration manuals; or
14 (g) Participate in, direct, aid, counsel, assist in,
15 or encourage any of the acts prohibited in this section.
16 229.551 Educational management.--
17 (1) The department is directed to identify all
18 functions which under the provisions of this act contribute
19 to, or comprise a part of, the state system of educational
20 accountability and to establish within the department the
21 necessary organizational structure, policies, and procedures
22 for effectively coordinating such functions. Such policies
23 and procedures shall clearly fix and delineate
24 responsibilities for various aspects of the system and for
25 overall coordination of the total system. The commissioner
26 shall perform the following duties and functions:
27 (c) Development of database definitions and all other
28 items necessary for full implementation of a comprehensive
29 management information system as required by s. 229.555;
30 (3) As a part of the system of educational
31 accountability, the department shall:
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1 (a) Develop minimum performance standards for various
2 grades and subject areas, as required in ss. 229.565 and
3 229.57.
4 (b) Administer the statewide assessment testing
5 program created by s. 229.57.
6 (c) Develop and administer an educational evaluation
7 program, including the provisions of the Plan for Educational
8 Assessment developed pursuant to s. 9, chapter 70-399, Laws of
9 Florida, and adopted by the State Board of Education.
10 (d) Review the school advisory councils of each
11 district as required by s. 229.58.
12 (e) Conduct the program evaluations required by s.
13 229.565.
14 (f) Maintain a listing of college-level communication
15 and computation skills defined by the Articulation
16 Coordinating Committee as being associated with successful
17 student performance through the baccalaureate level and submit
18 the same to the State Board of Education for approval.
19 (g) Maintain a listing of tests and other assessment
20 procedures which measure and diagnose student achievement of
21 college-level communication and computation skills and submit
22 the same to the State Board of Education for approval.
23 (h) Maintain for the information of the State Board of
24 Education and the Legislature a file of data compiled by the
25 Articulation Coordinating Committee to reflect achievement of
26 college-level communication and computation competencies by
27 students in state universities and community colleges.
28 (i) Develop or contract for, and submit to the State
29 Board of Education for approval, tests which measure and
30 diagnose student achievement of college-level communication
31 and computation skills. Any tests and related documents
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1 developed are exempt from the provisions of s. 119.07(1). The
2 commissioner shall maintain statewide responsibility for the
3 administration of such tests and may assign administrative
4 responsibilities for the tests to any public university or
5 community college. The state board, upon recommendation of
6 the commissioner, is authorized to enter into contracts for
7 such services beginning in one fiscal year and continuing into
8 the next year which are paid from the appropriation for either
9 or both fiscal years.
10 (j) Perform any other functions that may be involved
11 in educational planning, research, and evaluation or that may
12 be required by the commissioner, the State Board of Education,
13 or law.
14 230.03 Management, control, operation, administration,
15 and supervision.--The district school system must be managed,
16 controlled, operated, administered, and supervised as follows:
17 (4) PRINCIPAL OR HEAD OF SCHOOL.--Responsibility for
18 the administration of any school or schools at a given school
19 center, for the supervision of instruction therein, and for
20 providing leadership in the development or revision and
21 implementation of a school improvement plan required pursuant
22 to s. 230.23(16) shall be delegated to the principal or head
23 of the school or schools as hereinafter set forth and in
24 accordance with rules established by the school board.
25 230.2316 Dropout prevention.--
26 (4) PROGRAM IMPLEMENTATION.--
27 (b) Each school that establishes or continues a
28 dropout prevention program at that school site shall reflect
29 that program in the school improvement plan as required under
30 s. 230.23(16).
31
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1 231.24 Process for renewal of professional
2 certificates.--
3 (3) For the renewal of a professional certificate, the
4 following requirements must be met:
5 (a) The applicant must earn a minimum of 6 college
6 credits or 120 inservice points or a combination thereof. For
7 each area of specialization to be retained on a certificate,
8 the applicant must earn at least 3 of the required credit
9 hours or equivalent inservice points in the specialization
10 area. Education in "clinical educator" training pursuant to s.
11 240.529(5)(b) and credits or points that provide training in
12 the area of exceptional student education, normal child
13 development, and the disorders of development may be applied
14 toward any specialization area. Credits or points that provide
15 training in the areas of drug abuse, child abuse and neglect,
16 strategies in teaching students having limited proficiency in
17 English, or dropout prevention, or training in areas
18 identified in the educational goals and performance standards
19 adopted pursuant to ss. 229.591(3) and 229.592 may be applied
20 toward any specialization area. Credits or points earned
21 through approved summer institutes may be applied toward the
22 fulfillment of these requirements. Inservice points may also
23 be earned by participation in professional growth components
24 approved by the State Board of Education and specified
25 pursuant to s. 236.0811 in the district's approved master plan
26 for inservice educational training, including, but not limited
27 to, serving as a trainer in an approved teacher training
28 activity, serving on an instructional materials committee or a
29 state board or commission that deals with educational issues,
30 or serving on an advisory council created pursuant to s.
31 229.58.
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1 231.36 Contracts with instructional staff,
2 supervisors, and principals.--
3 (3)
4 (e) A professional service contract shall be renewed
5 each year unless the superintendent, after receiving the
6 recommendations required by s. 231.29, charges the employee
7 with unsatisfactory performance and notifies the employee of
8 performance deficiencies as required by s. 231.29. An employee
9 who holds a professional service contract on July 1, 1997, is
10 subject to the procedures set forth in paragraph (f) during
11 the term of the existing professional service contract. The
12 employee is subject to the procedures set forth in s.
13 231.29(3)(d) upon the next renewal of the professional service
14 contract; however, if the employee is notified of performance
15 deficiencies before the next contract renewal date, the
16 procedures of s. 231.29(3)(d) do not apply until the
17 procedures set forth in paragraph (f) have been exhausted and
18 the professional service contract is subsequently renewed.
19 (f) The superintendent shall notify an employee who
20 holds a professional service contract on July 1, 1997, in
21 writing, no later than 6 weeks prior to the end of the
22 postschool conference period, of performance deficiencies
23 which may result in termination of employment, if not
24 corrected during the subsequent year of employment (which
25 shall be granted for an additional year in accordance with the
26 provisions in subsection (1)). Except as otherwise hereinafter
27 provided, this action shall not be subject to the provisions
28 of chapter 120, but the following procedures shall apply:
29 1. On receiving notice of unsatisfactory performance,
30 the employee, on request, shall be accorded an opportunity to
31 meet with the superintendent or the superintendent's designee
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1 for an informal review of the determination of unsatisfactory
2 performance.
3 2. An employee notified of unsatisfactory performance
4 may request an opportunity to be considered for a transfer to
5 another appropriate position, with a different supervising
6 administrator, for the subsequent year of employment.
7 3. During the subsequent year, the employee shall be
8 provided assistance and inservice training opportunities to
9 help correct the noted performance deficiencies. The employee
10 shall also be evaluated periodically so that he or she will be
11 kept apprised of progress achieved.
12 4. Not later than 6 weeks prior to the close of the
13 postschool conference period of the subsequent year, the
14 superintendent, after receiving and reviewing the
15 recommendation required by s. 231.29, shall notify the
16 employee, in writing, whether the performance deficiencies
17 have been corrected. If so, a new professional service
18 contract shall be issued to the employee. If the performance
19 deficiencies have not been corrected, the superintendent may
20 notify the school board and the employee, in writing, that the
21 employee shall not be issued a new professional service
22 contract; however, if the recommendation of the superintendent
23 is not to issue a new professional service contract, and if
24 the employee wishes to contest such recommendation, the
25 employee will have 15 days from receipt of the
26 superintendent's recommendation to demand, in writing, a
27 hearing. In such hearing, the employee may raise as an issue,
28 among other things, the sufficiency of the superintendent's
29 charges of unsatisfactory performance. Such hearing shall be
30 conducted at the school board's election in accordance with
31 one of the following procedures:
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CS/HBs 751, 753 & 755, First Engrossed
1 a. A direct hearing conducted by the school board
2 within 60 days of receipt of the written appeal. The hearing
3 shall be conducted in accordance with the provisions of ss.
4 120.569 and 120.57. A majority vote of the membership of the
5 school board shall be required to sustain the superintendent's
6 recommendation. The determination of the school board shall
7 be final as to the sufficiency or insufficiency of the grounds
8 for termination of employment; or
9 b. A hearing conducted by an administrative law judge
10 assigned by the Division of Administrative Hearings of the
11 Department of Management Services. The hearing shall be
12 conducted within 60 days of receipt of the written appeal in
13 accordance with chapter 120. The recommendation of the
14 administrative law judge shall be made to the school board. A
15 majority vote of the membership of the school board shall be
16 required to sustain or change the administrative law judge's
17 recommendation. The determination of the school board shall be
18 final as to the sufficiency or insufficiency of the grounds
19 for termination of employment.
20 232.2454 District student performance standards,
21 instruments, and assessment procedures.--
22 (1) School districts are required to obtain or develop
23 and implement assessments of student achievement as necessary
24 to accurately measure student progress and to report this
25 progress to parents or legal guardians according to s.
26 232.245. Each school district shall implement the assessment
27 program pursuant to the procedures it adopts.
28 232.246 General requirements for high school
29 graduation.--
30
31
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1 (5) Each district school board shall establish
2 standards for graduation from its schools, and these standards
3 must include:
4 (a) Earning passing scores on the high school
5 competency test defined in s. 229.57(3)(c).
6 (b) Completion of all other applicable requirements
7 prescribed by the district school board pursuant to s.
8 232.245.
9 232.248 Confidentiality of assessment
10 instruments.--All examination and assessment instruments,
11 including developmental materials and workpapers directly
12 related thereto, which are prepared, prescribed, or
13 administered pursuant to ss. 229.57, 232.245, 232.246, and
14 232.247 shall be confidential and exempt from the provisions
15 of s. 119.07(1) and from ss. 229.781 and 230.331. Provisions
16 governing access, maintenance, and destruction of such
17 instruments and related materials shall be prescribed by rules
18 of the state board.
19 232.2481 Graduation and promotion requirements for
20 publicly operated schools.--
21 (1) Each state or local public agency, including the
22 Department of Health and Rehabilitative Services, the
23 Department of Corrections, the Board of Regents, boards of
24 trustees of community colleges, and the Board of Trustees of
25 the Florida School for the Deaf and the Blind, which agency is
26 authorized to operate educational programs for students at any
27 level of grades kindergarten through 12 shall be subject to
28 all applicable requirements of ss. 232.245, 232.246, 232.247,
29 and 232.248. Within the content of these cited statutes each
30 such state or local public agency shall be considered a
31 "district school board."
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1 233.09 Duties of each state instructional materials
2 committee.--The duties of each state instructional materials
3 committee shall be:
4 (4) EVALUATION OF INSTRUCTIONAL MATERIALS.--To
5 evaluate carefully all instructional materials submitted, to
6 ascertain which instructional materials, if any, submitted for
7 consideration best implement the selection criteria developed
8 by the Commissioner of Education and those curricular
9 objectives included within applicable performance standards
10 provided for in s. 229.565.
11 (a) When recommending instructional materials for use
12 in the schools, each committee shall include only
13 instructional materials that accurately portray the ethnic,
14 socioeconomic, cultural, and racial diversity of our society,
15 including men and women in professional, vocational, and
16 executive roles, and the role and contributions of the
17 entrepreneur and labor in the total development of this state
18 and the United States.
19 (b) When recommending instructional materials for use
20 in the schools, each committee shall include only materials
21 which accurately portray, whenever appropriate, humankind's
22 place in ecological systems, including the necessity for the
23 protection of our environment and conservation of our natural
24 resources and the effects on the human system of the use of
25 tobacco, alcohol, controlled substances, and other dangerous
26 substances.
27 (c) When recommending instructional materials for use
28 in the schools, each committee shall require such materials as
29 it deems necessary and proper to encourage thrift, fire
30 prevention, and humane treatment of people and animals.
31
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1 (d) When recommending instructional materials for use
2 in the schools, each committee shall require, when appropriate
3 to the comprehension of pupils, that materials for social
4 science, history, or civics classes contain the Declaration of
5 Independence and the Constitution of the United States. No
6 instructional materials shall be recommended by any committee
7 for use in the schools which contain any matter reflecting
8 unfairly upon persons because of their race, color, creed,
9 national origin, ancestry, gender, or occupation.
10 (e) All instructional materials recommended by each
11 committee for use in the schools shall be, to the satisfaction
12 of each committee, accurate, objective, and current and suited
13 to the needs and comprehension of pupils at their respective
14 grade levels. Instructional materials committees shall
15 consider for adoption materials developed for academically
16 talented students such as those enrolled in advanced placement
17 courses.
18 (f) When recommending instructional materials for use
19 in the schools, each committee shall have the recommendations
20 of all districts which submit evaluations on the materials
21 submitted for adoption in that particular subject area
22 aggregated and presented to the members to aid them in the
23 selection process; however, such aggregation shall be weighted
24 in accordance with the full-time equivalent student percentage
25 of each district. Each committee shall prepare an additional
26 aggregation, unweighted, with each district recommendation
27 given equal consideration. No instructional materials shall
28 be evaluated or recommended for adoption unless each of the
29 district committees shall have been loaned the specified
30 number of samples.
31
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1 (g) In addition to relying on statements of publishers
2 or manufacturers of instructional material, any committee may
3 conduct, or cause to be conducted, an independent
4 investigation as to the compliance of submitted materials with
5 the requirements of this section.
6 233.165 Standards for selection.--
7 (1) In the selection of instructional materials,
8 library books, and other reading material used in the public
9 school system, the standards used to determine the propriety
10 of the material shall include:
11 (b) The educational purpose to be served by the
12 material. In considering instructional materials for classroom
13 use, priority shall be given to the selection of materials
14 which encompass the state and district performance standards
15 provided for in ss. 229.565 and 232.2454 and which include the
16 instructional objectives contained within the curriculum
17 frameworks approved by the State Board of Education, to the
18 extent that appropriate curriculum frameworks have been
19 approved by the board.
20 233.25 Duties, responsibilities, and requirements of
21 publishers and manufacturers of instructional
22 materials.--Publishers and manufacturers of instructional
23 materials, or their representatives, shall:
24 (3) Submit, at a time designated in s. 233.14, the
25 following information:
26 (b) Written proof that the publisher has provided
27 written correlations to appropriate curricular objectives
28 included within applicable performance standards provided for
29 in s. 229.565.
30 236.08106 Excellent Teaching Program.--
31
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1 (2) The Excellent Teaching Program is created to
2 provide categorical funding for monetary incentives and
3 bonuses for teaching excellence. The Department of Education
4 shall allocate and distribute to each school district an
5 amount as prescribed annually by the Legislature for the
6 Excellent Teaching Program. Unless otherwise provided in the
7 General Appropriations Act, each school district's annual
8 allocation shall be the sum of the amounts earned for the
9 following incentives and bonuses:
10 (a) A fee subsidy to be paid by the school district to
11 the NBPTS on behalf of each individual who is an employee of
12 the district school board or a public school within that
13 school district, who is certified by the district to have
14 demonstrated satisfactory teaching performance pursuant to s.
15 231.29 and who satisfies the prerequisites for participating
16 in the NBPTS certification program, and who agrees, in
17 writing, to pay 10 percent of the NBPTS participation fee and
18 to participate in the NBPTS certification program during the
19 school year for which the fee subsidy is provided. The fee
20 subsidy for each eligible participant shall be an amount equal
21 to 90 percent of the fee charged for participating in the
22 NBPTS certification program, but not more than $1,800 per
23 eligible participant. The fee subsidy is a one-time award and
24 may not be duplicated for any individual.
25 (c) An annual bonus equal to 10 percent of the prior
26 fiscal year's statewide average salary for classroom teachers
27 to be paid to each individual who holds NBPTS certification
28 and is employed by the district school board or by a public
29 school within that school district. The district school board
30 shall distribute the annual bonus to each individual who meets
31 the requirements of this paragraph and who is certified
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1 annually by the district to have demonstrated satisfactory
2 teaching performance pursuant to s. 231.29. The annual bonus
3 may be paid as a single payment or divided into not more than
4 three payments.
5 236.685 Educational funding accountability.--
6 (6) The annual school public accountability report
7 required by ss. 229.592(5) and 230.23(18) must include a
8 school financial report. The purpose of the school financial
9 report is to better inform parents and the public concerning
10 how revenues were spent to operate the school during the prior
11 fiscal year. Each school's financial report must follow a
12 uniform, districtwide format that is easy to read and
13 understand.
14 (a) Total revenue must be reported at the school,
15 district, and state levels. The revenue sources that must be
16 addressed are state and local funds, other than lottery funds;
17 lottery funds; federal funds; and private donations.
18 (b) Expenditures must be reported as the total
19 expenditures per unweighted full-time equivalent student at
20 the school level and the average expenditures per full-time
21 equivalent student at the district and state levels in each of
22 the following categories and subcategories:
23 1. Teachers, excluding substitute teachers, and
24 teacher aides who provide direct classroom instruction to
25 students enrolled in programs classified by s. 236.081 as:
26 a. Basic programs;
27 b. Students-at-risk programs;
28 c. Special programs for exceptional students;
29 d. Career education programs; and
30 e. Adult programs.
31 2. Substitute teachers.
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1 3. Other instructional personnel, including
2 school-based instructional specialists and their assistants.
3 4. Contracted instructional services, including
4 training for instructional staff and other contracted
5 instructional services.
6 5. School administration, including school-based
7 administrative personnel and school-based education support
8 personnel.
9 6. The following materials, supplies, and operating
10 capital outlay:
11 a. Textbooks;
12 b. Computer hardware and software;
13 c. Other instructional materials;
14 d. Other materials and supplies; and
15 e. Library media materials.
16 7. Food services.
17 8. Other support services.
18 9. Operation and maintenance of the school plant.
19 (c) The school financial report must also identify the
20 types of district-level expenditures that support the school's
21 operations. The total amount of these district-level
22 expenditures must be reported and expressed as total
23 expenditures per full-time equivalent student.
24
25 As used in this subsection, the term "school" means a "school
26 center" as defined by s. 228.041.
27 239.101 Legislative intent.--
28 (7) The Legislature finds that career education is a
29 crucial component of the educational programs conducted within
30 school districts and community colleges. Accordingly, career
31 education must be represented in accountability processes
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1 undertaken for educational institutions. It is the intent of
2 the Legislature that the vocational standards articulated in
3 s. 239.229(2) be considered in the development of
4 accountability measures for public schools pursuant to ss.
5 229.591, 229.592, 229.593, 229.594, and 230.23(16) and for
6 community colleges pursuant to s. 240.324.
7 239.229 Vocational standards.--
8 (1) The purpose of career education is to enable
9 students who complete vocational programs to attain and
10 sustain employment and realize economic self-sufficiency. The
11 purpose of this section is to identify issues related to
12 career education for which school boards and community college
13 boards of trustees are accountable. It is the intent of the
14 Legislature that the standards articulated in subsection (2)
15 be considered in the development of accountability standards
16 for public schools pursuant to ss. 229.591, 229.592, 229.593,
17 229.594, and 230.23(16) and for community colleges pursuant to
18 s. 240.324.
19 (3) Each area technical center operated by a school
20 board shall establish a center advisory council pursuant to s.
21 229.58. The center advisory council shall assist in the
22 preparation and evaluation of center improvement plans
23 required pursuant to s. 230.23(16) and may provide assistance,
24 upon the request of the center director, in the preparation of
25 the center's annual budget and plan as required by s.
26 229.555(1).
27 240.118 Postsecondary feedback of information to high
28 schools.--
29 (4) As a part of the school improvement plan pursuant
30 to s. 229.592, the State Board of Education shall ensure that
31 each school district and high school develops strategies to
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1 improve student readiness for the public postsecondary level
2 based on annual analysis of the feedback report data.
3 240.529 Public accountability and state approval for
4 teacher preparation programs.--
5 (1) INTENT.--The Legislature recognizes that skilled
6 teachers make the most important contribution to a quality
7 educational system and that competent teachers are produced by
8 effective and accountable teacher preparation programs. The
9 intent of the Legislature is to establish a system for
10 development and approval of teacher preparation programs that
11 will free postsecondary teacher preparation institutions to
12 employ varied and innovative teacher preparation techniques
13 while being held accountable for producing teachers with the
14 competencies and skills for achieving the state education
15 goals and sustaining the state system of school improvement
16 and education accountability established pursuant to ss.
17 229.591, 229.592, and 229.593.
18 Section 61. The State Board of Education shall adopt
19 such rules as necessary to ensure that not-for-profit,
20 professional teacher associations which offer membership to
21 all teachers, non-instructional personnel, and administrators,
22 and which offer teacher training and staff development at no
23 fee to the district shall be given equal access to voluntary
24 teacher meetings, be provided access to teacher mailboxes for
25 distribution of professional literature, and be authorized to
26 collect voluntary membership fees through payroll deduction.
27 Section 62. If any provision of this act or the
28 application thereof to any person or circumstance is held
29 invalid, the invalidity shall not affect other provisions or
30 applications of the act which can be given effect without the
31
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1 invalid provision or application, and to this end the
2 provisions of this act are declared severable.
3 Section 63. Except as otherwise provided herein, this
4 act shall take effect upon becoming a law.
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