House Bill 0751e3

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                            CS/HBs 751, 753 & 755, Third Engrossed



  1                      A bill to be entitled

  2         An act relating to education; amending s.

  3         229.0535, F.S.; revising provisions relating to

  4         the authority of the State Board of Education

  5         to enforce school improvement; creating s.

  6         229.0537, F.S.; providing findings and intent;

  7         requiring private school opportunity

  8         scholarships to be provided to certain public

  9         school students; providing student eligibility

10         requirements; providing school district

11         requirements; providing an alternative to

12         accepting a state opportunity scholarship;

13         providing private school eligibility criteria;

14         providing student attendance requirements;

15         providing parental involvement requirements;

16         providing a district reporting requirement;

17         providing for calculation of the amount and

18         distribution of state opportunity scholarship

19         funds; providing an exemption from liability;

20         authorizing the adoption of rules; establishing

21         a pilot scholarship program for students with

22         disabilities; amending s. 229.512, F.S.;

23         revising provisions relating to the authority

24         of the Commissioner of Education regarding the

25         implementation of the program of school

26         improvement and education accountability;

27         amending s. 229.555, F.S., relating to

28         educational planning and information systems;

29         revising to conform; providing requirements

30         regarding electronic transfer of data; amending

31         s. 229.565, F.S.; eliminating the requirement


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         that the Commissioner of Education designate

  2         program categories and grade levels for which

  3         performance standards are to be approved;

  4         amending s. 229.57, F.S.; revising the purpose

  5         of the student assessment program; requiring

  6         the Department of Education to develop a system

  7         to measure annual pupil progress; requiring the

  8         statewide assessment program to include

  9         science; revising provisions relating to the

10         administration of the National Assessment of

11         Educational Progress; revising the statewide

12         assessment program; revising requirements

13         relating to the annual report of the results of

14         the statewide assessment program; providing for

15         the identification of schools by performance

16         grade category according to student and school

17         performance data; providing for the

18         identification of school improvement ratings;

19         amending s. 229.58, F.S.; removing a reference

20         to the Florida Commission on Education Reform

21         and Accountability; amending s. 229.591, F.S.;

22         revising provisions relating to the system of

23         school improvement and education accountability

24         to reflect that students are not required to

25         attend schools designated in a certain

26         performance grade category; revising the state

27         education goals; amending s. 229.592, F.S.,

28         relating to the implementation of the state

29         system of school improvement and education

30         accountability; deleting references to the

31         Florida Commission on Education Reform and


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         Accountability; removing obsolete provisions;

  2         deleting the requirement that the Commissioner

  3         of Education appear before the Legislature;

  4         revising duties of the Department of Education;

  5         providing for a community assessment team;

  6         revising duties of the State Board of

  7         Education; revising provisions relating to

  8         waivers from statutes; conforming cross

  9         references; repealing ss. 229.593 and 229.594,

10         F.S., relating to the Florida Commission on

11         Education Reform and Accountability; amending

12         s. 229.595, F.S., relating to the

13         implementation of the state system of

14         educational accountability for school-to-work

15         transition; revising provisions relating to the

16         assessment of readiness to enter the workforce;

17         removing a reference to the Florida Commission

18         on Education Reform and Accountability;

19         amending s. 230.23, F.S., relating to powers

20         and duties of school boards; revising

21         provisions relating to the compensation and

22         salary schedules of school employees; requiring

23         certain performance-based pay for specified

24         school personnel; revising provisions relating

25         to courses of study and other instructional

26         aids to include the term "instructional

27         materials"; specifying content of school

28         improvement plans; revising school board duties

29         regarding the implementation and enforcement of

30         school improvement and accountability; revising

31         policies regarding public disclosure; requiring


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         school board adoption of certain policies;

  2         authorizing school boards to declare an

  3         emergency under certain circumstances; amending

  4         s. 231.2905, F.S.; revising provisions of the

  5         Florida School Recognition Program relating to

  6         financial awards based on employee performance;

  7         revising initial criteria for identification of

  8         schools; amending s. 232.245, F.S.; relating to

  9         pupil progression; revising requirements

10         relating to the provision of remedial

11         instruction; prohibiting social promotion;

12         providing requirements for the use of resources

13         for remedial instruction; requiring the

14         adoption of rules regarding pupil progression;

15         eliminating requirements relating to student

16         academic improvement plans; deleting

17         duplicative requirements relating to mandatory

18         remedial reading instruction; amending s.

19         228.053, F.S.; relating to developmental

20         research schools; eliminating references to

21         Blueprint 2000; conforming cross references;

22         amending s. 228.054, F.S., relating to the

23         Joint Developmental Research School Planning,

24         Articulation, and Evaluation Committee;

25         conforming a cross reference; amending s.

26         233.17, F.S., relating to the term of adoption

27         of instructional materials; conforming cross

28         references; amending s. 236.685, F.S., relating

29         to educational funding accountability;

30         conforming a cross reference; amending s.

31         20.15, F.S.; deleting reference to the Florida


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         Education Reform and Accountability Commission;

  2         creating s. 236.08104, F.S.; establishing a

  3         supplemental academic instruction categorical

  4         fund; providing findings and intent; providing

  5         requirements for the use of funds; authorizing

  6         the Florida State University School to expend

  7         certain funds for student remediation; amending

  8         s. 236.013, F.S.; eliminating certain

  9         provisions relating to calculations of the

10         equivalent of a full-time student; revising

11         provisions relating to membership in programs

12         scheduled for more than 180 days; amending s.

13         239.101, F.S., relating to career education;

14         conforming cross references; amending s.

15         239.229, F.S., relating to vocational

16         standards; conforming cross references;

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

18         for withholding allocations from the

19         Educational Enhancement Trust Fund; amending s.

20         228.0565, F.S., relating to deregulated public

21         schools; revising elements of an annual report;

22         reenacting s. 120.81(1)(b), F.S., relating to

23         tests, test scoring criteria, or testing

24         procedures, s. 228.301(1), F.S., relating to

25         test security, s. 229.551(1)(c) and (3), F.S.,

26         relating to educational management, s.

27         230.03(4), F.S., relating to school district

28         management, control, operation, administration,

29         and supervision, s. 231.24(3)(a), F.S.,

30         relating to the process for renewal of

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


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                            CS/HBs 751, 753 & 755, Third Engrossed



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

  2         instructional staff, supervisors, and

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

  4         district student performance standards,

  5         instruments, and assessment procedures;

  6         reenacting and amending s. 232.246, F.S.;

  7         revising general requirements for high school

  8         graduation; reenacting s. 232.248, F.S.,

  9         relating to confidentiality of assessment

10         instruments, s. 232.2481(1), F.S., relating to

11         graduation and promotion requirements for

12         publicly operated schools, s. 233.09(4), F.S.,

13         relating to duties of instructional materials

14         committees, s. 233.165(1)(b), F.S., relating to

15         the selection of instructional materials, s.

16         233.25(3)(b), F.S., relating to publishers and

17         manufacturers of instructional materials, s.

18         239.229(3), F.S., relating to vocational

19         standards, s. 240.118(4), F.S., relating to

20         postsecondary feedback of information to high

21         schools, to incorporate references; amending s.

22         228.041, F.S.; redefining the terms "dropout,"

23         "graduation rate," and "dropout rate"; amending

24         s. 228.056, F.S., relating to charter schools;

25         conforming provisions relating to assessment;

26         creating s. 231.002, F.S.; stating an intent to

27         increase standards for the preparation,

28         certification, and professional development of

29         educators; directing the Department of

30         Education to review statutes and rules

31         governing certification to increase efficiency,


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         rigor, and alternatives in the certification

  2         process; requiring a report; amending s.

  3         231.02, F.S.; correcting a reference; amending

  4         s. 231.0861, F.S.; requiring the State Board of

  5         Education to approve criteria for selection of

  6         certain administrative personnel; authorizing

  7         school districts to contract with private

  8         entities for evaluation and training of such

  9         personnel; amending s. 231.085, F.S.;

10         specifying principals' responsibilities for

11         assessing performance of school personnel and

12         implementing the Sunshine State Standards;

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

14         Board of Education to adopt rules governing the

15         training of school district management

16         personnel; providing for review and repeal of

17         the Management Training Act; requiring

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

19         prescribing duties of instructional personnel;

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

21         board plan to ensure the competency of teachers

22         with out-of-field teaching assignments;

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

24         reflect increased requirements for

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

26         authorizing certification based on demonstrated

27         competencies; requiring rules of the State

28         Board of Education to specify certain

29         competencies; requiring consultation with

30         postsecondary education boards; amending s.

31         231.17, F.S.; revising prerequisites for


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         certification; requiring demonstration of

  2         general knowledge before temporary

  3         certification; increasing the requirement that

  4         teachers know and use mathematics, technology,

  5         and intervention strategies with students;

  6         deleting alternative ways to demonstrate

  7         general knowledge competency; amending s.

  8         231.1725, F.S.; providing legal protections for

  9         clinical field experience students; amending s.

10         231.174, F.S., relating to district programs

11         for adding certification coverages; removing

12         limitation to specific certification areas;

13         amending s. 231.29, F.S.; requiring certain

14         personnel-performance assessments to be

15         primarily based on student performance;

16         revising the assessment procedure for certain

17         school district personnel; requiring certain

18         review and testing of employees of schools in

19         performance grade categories "D" and "F";

20         amending s. 231.36, F.S.; authorizing the State

21         Board of Education to define certain terms by

22         rule; amending s. 231.546, F.S.; specifying

23         duties of the Education Standards Commission;

24         amending s. 231.600, F.S.; prescribing the

25         responsibilities of school district

26         professional development programs; amending s.

27         236.08106, F.S.; providing for the distribution

28         of Excellent Teaching Program funds; deleting

29         certain district incentives; authorizing the

30         withholding of wages as repayment; amending s.

31         240.529, F.S.; requiring the commissioner to


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         appoint a Teacher Preparation Program Committee

  2         to recommend core curricula for state-approved

  3         teacher preparation programs; requiring a

  4         report; requiring the State Board of Education

  5         to adopt rules establishing uniform core

  6         curricula; revising criteria for initial and

  7         continuing approval of teacher preparation

  8         programs; increasing the requirements for a

  9         student to enroll in and graduate from a

10         teacher education program; requiring annual

11         reports of program performance; providing

12         additional legislative intent related to

13         teacher preparation programs; providing the

14         criteria for continued program approval;

15         providing for the requirements for instructors

16         in postsecondary teacher preparation programs

17         who instruct or supervise preservice field

18         experience courses or internships; eliminating

19         the requirement related to a commitment to

20         teaching in the public schools for a period of

21         time; providing additional requirements for

22         school district and instructional personnel who

23         supervise or direct certain teacher preparation

24         students; creating s. 231.6135, F.S.;

25         establishing a statewide system for inservice

26         professional development; authorizing

27         professional development academies to meet

28         human resource development and education

29         instruction training needs of educators,

30         school, and school districts; providing for

31         organization and operation by public and


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         private partners; providing for funding;

  2         specifying duties of the Commissioner of

  3         Education; repealing s. 231.601, F.S., relating

  4         to purpose of inservice training for

  5         instructional personnel; amending s. 230.2316,

  6         F.S.; providing for a dropout prevention and

  7         academic intervention program; revising intent

  8         of program; revising eligibility criteria;

  9         expanding eligible students to grades 1-12;

10         revising reporting requirements for district

11         evaluation; providing procedures for notice to

12         and response from a parent, guardian, or legal

13         custodian prior to placement in a program or

14         the provision of services to the student;

15         amending s. 231.085, F.S.; requiring principals

16         to ensure the accuracy and timeliness of school

17         reports; requiring principals to provide staff

18         training opportunities; providing sanctions for

19         noncompliance; creating s. 232.001, F.S.;

20         requiring the Manatee County District School

21         Board to establish a pilot project to raise the

22         compulsory age of attendance for children;

23         providing requirements for the school board;

24         providing for the applicability of state law

25         and State Board of Education rule; providing an

26         exception from the provisions relating to a

27         declaration of intent to terminate school

28         enrollment; requiring a study; amending s.

29         232.09, F.S.; limiting application to certain

30         criminal proceedings; amending s. 232.17, F.S.;

31         providing legislative findings; placing


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         responsibility on school district

  2         superintendents for enforcing attendance;

  3         establishing requirements for school board

  4         policies; revising the current steps for

  5         enforcing regular school attendance; requiring

  6         public schools to follow the steps;

  7         establishing the requirements for school

  8         principals, primary teachers, child study

  9         teams, and parents; providing for parents to

10         appeal; allowing the superintendent to seek

11         criminal prosecution for parental

12         noncompliance; requiring the superintendent,

13         parent, or guardian to file certain petitions

14         involving ungovernable children in certain

15         circumstances; requiring the superintendent to

16         provide the court with certain evidence;

17         allowing for court enforcement for children who

18         refuse to comply; revising the notice

19         requirements to parents, guardians, or others;

20         eliminating a current condition for notice;

21         eliminating the option for referral to case

22         staffing committees; requiring the

23         superintendent to take steps to bring about

24         criminal prosecution and requiring related

25         notice; authorizing the superintendent to file

26         truancy petitions; allowing for the return of

27         absent children to additional locations;

28         requiring parental notification; amending s.

29         232.19, F.S., relating to habitual truancy;

30         authorizing superintendents to file truancy

31         petitions; requiring that a court order for


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         school attendance be obtained as a part of

  2         services; revising the requirements that must

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

  4         232.271, F.S.; revising references; amending s.

  5         236.081, F.S.; amending procedures that must be

  6         followed in determining the annual allocation

  7         to each school district for operation;

  8         requiring the average daily attendance of the

  9         student membership to be calculated by school

10         and by district; amending s. 239.505, F.S.;

11         revising provisions relating to funding of

12         constructive youth programs; amending s.

13         984.03, F.S.; redefining the term "habitual

14         truant"; requiring the state attorney to file a

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

16         circumstances; eliminating the requirement for

17         referral for evaluation; defining the term

18         "truancy petition"; creating s. 984.151, F.S.;

19         providing procedures for truancy petitions;

20         providing for truancy hearings and penalties;

21         requiring the State Board of Education to adopt

22         rules regarding not-for-profit, professional

23         teacher associations; providing for

24         severability; providing effective dates.

25

26         WHEREAS, providing a system of high-quality public

27  education for children is an important goal of this state, and

28         WHEREAS, Floridians reemphasized their aspiration to

29  provide for a system of high-quality public education for

30  children in this state by amending Section 1 of Article IX of

31


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  the State Constitution in the November 1998 general election,

  2  and

  3         WHEREAS, the Legislature recognizes that it has an

  4  important but not exclusive role in providing children with

  5  the opportunity to obtain a high-quality education in this

  6  state, and

  7         WHEREAS, success in obtaining a high-quality education

  8  depends upon many influences, and

  9         WHEREAS, among the most prominent influences on the

10  educational success of children are the positive influences of

11  parents on their children's lives and on their children's

12  desire to learn and the active involvement of parents in the

13  education of their children, and

14         WHEREAS, the presence of those influences is

15  indispensable to successfully providing a system that allows

16  students to obtain a high-quality education, and

17         WHEREAS, children will have the best opportunity to

18  obtain a high-quality education in the public education system

19  of this state and that system can best be enhanced when

20  positive parental influences are present, when we allocate

21  resources efficiently and concentrate resources to enhance a

22  safe, secure, and disciplined classroom learning environment,

23  when we support teachers, when we reinforce shared high

24  academic expectations, and when we promptly reward success and

25  promptly identify failure, as well as promptly appraise the

26  public of both successes and failures, and

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

28  1998 General Election, amended Article IX, section 1, of the

29  Florida Constitution to state that, "Adequate provision shall

30  be made by law for a ... safe, secure, and high quality system

31  of free public schools ...," and


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         WHEREAS, House Bill 1309, a comprehensive school safety

  2  and discipline package, was enacted by the Legislature in the

  3  1997 Session, addressing dropouts, habitual truancy, zero

  4  tolerance for crime, drugs, alcohol, and weapons, alternative

  5  placement of disruptive students, and cooperative agreements

  6  with local law enforcement for crime reporting, and

  7         WHEREAS, the Legislature annually provides for

  8  safe-schools appropriations to be used for after school

  9  programs for middle school students, alternative programs for

10  adjudicated youth, school resource officers, and conflict

11  resolution strategies, and

12         WHEREAS, the enhancement of school safety should be

13  measured as an element of school performance and

14  accountability and improved crime and incident reporting, as

15  well as a heightened emphasis on character education in the

16  curriculum of the early grades, NOW, THEREFORE,

17

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

19

20         Section 1.  Section 229.0535, Florida Statutes, is

21  amended to read:

22         229.0535  Authority to enforce school improvement.--It

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

24  held accountable for ensuring that students performing perform

25  at acceptable levels.  A system of school improvement and

26  accountability that assesses student performance by school,

27  identifies schools in which students are not making not

28  providing adequate progress toward state standards, and

29  institutes appropriate measures for enforcing improvement, and

30  provides rewards and sanctions based on performance shall be

31  the responsibility of the State Board of Education.


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                            CS/HBs 751, 753 & 755, Third Engrossed



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

  2  prescribing the duty of the State Board of Education to

  3  supervise Florida's public school system and notwithstanding

  4  any other statutory provisions to the contrary, the State

  5  Board of Education shall have the authority to intervene in

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

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

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

  9  4-year period. For purposes of determining when a school is

10  eligible for state board action and opportunity scholarships

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

12  "2 years in a 4-year period" mean that in any year that a

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

14  board action and opportunity scholarships for its students if

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

16  years. Except as otherwise provided in s. 229.57(8), a

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

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

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

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

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

22  Considering recommendations of the Commissioner of Education,

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

24  district school board that is intended to improve ensure

25  improved educational services to students in each school that

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

27  low-performing schools in question. Recommendations for

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

29  after thorough consideration of the unique characteristics of

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

31  the number and type of exceptional students enrolled in the


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  school, and the availability of options for improved

  2  educational services. The state board shall adopt by rule

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

  4  ensure that school districts have sufficient time to improve

  5  student performance in schools and have had the opportunity to

  6  present evidence of assistance and interventions that the

  7  school board has implemented.

  8         (2)  The state board is specifically authorized to

  9  recommend one or more of the following actions to school

10  boards to enable ensure that students in low-performing

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

12  academically are well served by the public school system:

13         (a)  Provide additional resources, change certain

14  practices, and provide additional assistance if the state

15  board determines the causes of inadequate progress to be

16  related to school district policy or practice;

17         (b)  Implement a plan that satisfactorily resolves the

18  education equity problems in the school;

19         (c)  Contract for the educational services of the

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

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

22  implement a plan that addresses the causes of inadequate

23  progress;

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

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

26  appropriate; or

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

28  school's performance.

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

30  State Board of Education shall specify the length of time

31  available to implement the recommended action.  The state


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                            CS/HBs 751, 753 & 755, Third Engrossed



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

  2  specific circumstances.  No action taken by the state board

  3  shall relieve a school from state accountability requirements.

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

  5  require the Department of Education or Comptroller to withhold

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

  7  the timeframe specified in state board action, the school

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

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

10  transfer of funds shall occur only after all other recommended

11  actions for school improvement have failed to improve the

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

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

14  develop and implement a plan for assistance and intervention

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

16         Section 2.  Section 229.0537, Florida Statutes, is

17  created to read:

18         229.0537  Opportunity Scholarship Program.--

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

20  is to provide enhanced opportunity for students in this state

21  to gain the knowledge and skills necessary for postsecondary

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

23  Legislature recognizes that the voters of the State of

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

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

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

27  State Constitution requires the state to provide the

28  opportunity to obtain a high-quality education. The

29  Legislature further finds that a student should not be

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

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


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                            CS/HBs 751, 753 & 755, Third Engrossed



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

  2  make available opportunity scholarships in order to give

  3  parents and guardians the opportunity for their children to

  4  attend a public school that is performing satisfactorily or to

  5  attend an eligible private school when the parent or guardian

  6  chooses to apply the equivalent of the public education funds

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

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

  9  Eligibility of a private school shall include the control and

10  accountability requirements that, coupled with the exercise of

11  parental choice, are reasonably necessary to secure the

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

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

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

15  from the state an opportunity scholarship for the child to

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

17  provisions of this section if:

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

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

20  attendance at a public school that has been designated

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

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

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

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

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

26  student who has been in attendance elsewhere in the public

27  school system or who is entering kindergarten or first grade

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

29  school for the next school year;

30         (b)  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, Third 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 scholarship

12  shall remain in force until the student returns to a public

13  school or, if the student chooses to attend a private school

14  the highest grade of which is grade 8, until the student

15  matriculates to high school and the public high school to

16  which the student is assigned is an accredited school with a

17  performance grade category designation of "C" or better.

18  However, at any time upon reasonable notice to the Department

19  of Education and the school district, the student's parent or

20  guardian may remove the student from the private school and

21  place the student in a public school, as provided in

22  subparagraph (3)(a)2.

23         (3)  SCHOOL DISTRICT OBLIGATIONS.--

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

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

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

27  period:

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

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

30  pursuant to this section; and

31


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                            CS/HBs 751, 753 & 755, Third Engrossed



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

  2  opportunity to enroll the student in the public school within

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

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

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

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

  7  For purposes of identifying higher performing public schools

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

  9  school performance grade category designations for the

10  1998-1999 school year shall be the equivalent of the

11  corresponding performance level I-V specified in state board

12  rule at the time this act becomes a law. Levels I through V

13  shall correspond to school performance grade categories "F"

14  through "A," respectively. The parent or guardian is not

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

16  opportunity scholarship to a private school. The opportunity

17  to continue attending the higher performing public school

18  shall remain in force until the student graduates from high

19  school.

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

21  assigned to a school that has been designated performance

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

23  choose as an alternative to enroll the student in and

24  transport the student to a higher-performing public school

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

26  that school district shall accept the student and report the

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

28  Florida Education Finance Program.

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

30  in the state Opportunity Scholarship Program, the district

31


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  shall provide locations and times to take all statewide

  2  assessments required pursuant to s. 229.57.

  3         (d)  Students with disabilities who are eligible to

  4  receive services from the school district under federal or

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

  6  eligible to receive services from the school district as

  7  provided by federal or state law.

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

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

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

11  performing public school, rather than choosing to request the

12  state opportunity scholarship, transportation costs to the

13  higher performing public school shall be the responsibility of

14  the school district. The district may utilize state

15  categorical transportation funds or state-appropriated public

16  school choice incentive funds for this purpose.

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

18  participate in the opportunity scholarship program, a private

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

20  nonsectarian, and must:

21         (a)  Demonstrate fiscal soundness by being in operation

22  for one school year or provide the Department of Education

23  with a statement by a certified public accountant confirming

24  that the private school desiring to participate is insured and

25  the owner or owners have sufficient capital or credit to

26  operate the school for the upcoming year serving the number of

27  students anticipated with expected revenues from tuition and

28  other sources that may be reasonably expected. In lieu of such

29  a statement, a surety bond or letter of credit for the amount

30  equal to the opportunity scholarship funds for any quarter may

31  be filed with the department.


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                            CS/HBs 751, 753 & 755, Third Engrossed



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

  2  notify the Department of Education and the school district in

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

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

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

  6  participate. The notice shall specify the grade levels and

  7  services that the private school has available for the

  8  opportunity scholarship program.

  9         (c)  Comply with the antidiscrimination provisions of

10  42 U.S.C. s. 2000d.

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

12  codes.

13         (e)  Accept scholarship students on an entirely random

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

15  past academic history; however, the private school may give

16  preference in accepting applications to siblings of students

17  who have already been accepted on a random and

18  religious-neutral basis.

19         (f)  Be subject to the instruction, curriculum, and

20  attendance criteria adopted by an appropriate nonpublic school

21  accrediting body and be academically accountable to the parent

22  or guardian for meeting the educational needs of the student.

23  The private school must furnish a school profile which

24  includes student performance.

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

26  baccalaureate or higher degree, or have at least 3 years of

27  teaching experience in public or private schools, or have

28  special skills, knowledge, or expertise that qualifies them to

29  provide instruction in subjects taught.

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

31  schools.


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                            CS/HBs 751, 753 & 755, Third Engrossed



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

  2  provided by the state for each student.

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

  4  private school on an opportunity scholarship to profess a

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

  6         (k)  Adhere to the tenets of its published disciplinary

  7  procedures prior to the expulsion of any opportunity

  8  scholarship student.

  9         (5)  OBLIGATION OF PROGRAM PARTICIPATION.--

10         (a)  Any student participating in the opportunity

11  scholarship program must remain in attendance throughout the

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

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

14  conduct.

15         (b)  The parent or guardian of each student

16  participating in the opportunity scholarship program must

17  comply fully with the private school's parental involvement

18  requirements, unless excused by the school for illness or

19  other good cause.

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

21  student participating in the opportunity scholarship program

22  takes all statewide assessments required pursuant to s.

23  229.57.

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

25  subsection shall forfeit the opportunity scholarship.

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

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

28  an eligible student shall be a calculated amount equivalent to

29  the base student allocation multiplied by the appropriate cost

30  factor for the educational program that would have been

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


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  she was assigned, multiplied by the district cost

  2  differential. In addition, the calculated amount shall include

  3  the per-student share of instructional materials funding,

  4  technology funding, and other categorical funds as provided

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

  6  of the opportunity scholarship shall be the calculated amount

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

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

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

10  transportation. The district shall report all students who are

11  attending a private school under this program. The students

12  attending private schools on opportunity scholarships shall be

13  reported separately from those students reported for purposes

14  of the Florida Education Finance Program. The public or

15  private school that provides services to students with

16  disabilities shall receive the weighted funding for such

17  services at the appropriate funding level consistent with the

18  provisions of s. 236.025.

19         2.  For purposes of calculating the opportunity

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

21  appropriate basic cost factor if:

22         a.  The student currently participates in a Group I

23  program funded at the basic cost factor and is not

24  subsequently identified as having a disability; or

25         b.  The student currently participates in a Group II

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

27  not provide the additional services funded by the Group II

28  program.

29         3.  Following annual notification on July 1 of the

30  number of participants, the Department of Education shall

31  transfer from each school district's appropriated funds the


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  calculated amount from the Florida Education Finance Program

  2  and authorized categorical accounts to a separate account for

  3  the Opportunity Scholarship Program for quarterly disbursement

  4  to the parents or guardians of participating students.

  5         (b)  Upon proper documentation reviewed and approved by

  6  the Department of Education, the Comptroller shall make

  7  opportunity scholarship payments in four equal amounts no

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

  9  each academic year in which the opportunity scholarship is in

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

11  Education verification of admission acceptance and subsequent

12  payments shall be made upon verification of continued

13  enrollment and attendance at the private school. Payment must

14  be by individual warrant made payable to the student's parent

15  or guardian and mailed by the Department of Education to the

16  private school of the parent's or guardian's choice and the

17  parent or guardian shall restrictively endorse the warrant to

18  the private school.

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

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

21  scholarship.

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

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

24  provisions of this section. Rules shall include penalties for

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

26  inclusion of eligible private schools within options available

27  to Florida public school students does not expand the

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

29  district to impose any additional regulation of private

30  schools beyond those reasonably necessary to enforce

31  requirements expressly set forth in this section.


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         Section 3.  (1)  PILOT PROGRAM.--There is established a

  2  pilot program, which is separate and distinct from the

  3  Opportunity Scholarship Program, in the Sarasota school

  4  district, to provide scholarships to a public or private

  5  school of choice for students with disabilities whose academic

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

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

  8  education plan. Student participation in the pilot program is

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

10  school district during the first year, 10 percent of students

11  with disabilities during the second year, and 20 percent of

12  students with disabilities during the third and subsequent

13  years. The following applies to the pilot program:

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

15  program, a private school must meet all requirements of s.

16  229.0537(4), Florida Statutes, except for the accreditation

17  requirements of s. 229.0537(4)(f), Florida Statutes. For

18  purposes of the pilot program, notification under s.

19  229.0537(4)(b), Florida Statutes, must be separate from the

20  notification under the Opportunity Scholarship Program.

21         (b)  The school district that participates in the pilot

22  program must comply with the requirements in s.

23  229.0537(3)(a)2., (c), and (d), Florida Statutes.

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

25  shall be equal to the amount the student would have received

26  under the Florida Education Finance Program in the public

27  school to which he or she is assigned.

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

29  program, a student or parent must:

30         1.  Comply with the eligibility criteria in s.

31  229.0537(2)(b), Florida Statutes, and all provisions of s.


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  229.0537, Florida Statutes, which apply to students with

  2  disabilities;

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

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

  5  the student's failure to meet specific performance levels

  6  identified in the individual education plan; or, absent

  7  specific performance levels identified in the individual

  8  education plan, the student must have performed below grade

  9  level on state or local assessments and the parent must

10  believe that the student is not progressing adequately toward

11  the goals in the individual education plan; and

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

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

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

15         (2)  The provisions s. 229.0537(6) and (8), Florida

16  Statutes, shall apply to the pilot program authorized in this

17  section. This pilot program is not intended to affect the

18  eligibility of the state or school district to receive federal

19  funds for students with disabilities.

20         Section 4.  Subsection (14) of section 229.512, Florida

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

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

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

24  read:

25         229.512  Commissioner of Education; general powers and

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

27  educational officer of the state, and has the following

28  general powers and duties:

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

30  education accountability designed to provide all students the

31  opportunity to make adequate learning gains in each year of


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  school as provided by statute and State Board of Education

  2  rule which is based upon the achievement of the state

  3  education goals, recognizing the State Board of Education as

  4  the body corporate responsible for the supervision of the

  5  system of public education, the school board as responsible

  6  for school and student performance, and the individual school

  7  as the unit for education accountability.;

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

  9  distribution of materials relating to the state system of

10  public education which will supply information concerning

11  needs, problems, plans, and possibilities.;

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

13  statistics and other useful information pertaining to the

14  state system of public education; and

15         (b)  To prepare and publish annually reports giving

16  statistics and other useful information pertaining to the

17  Opportunity Scholarship Program.

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

19  instruments, instructions, and regulations of the State Board

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

21  same.

22         Section 5.  Section 229.555, Florida Statutes, is

23  amended to read:

24         229.555  Educational planning and information

25  systems.--

26         (1)  EDUCATIONAL PLANNING.--

27         (a)  The commissioner shall be responsible for all

28  planning functions for the department, including collection,

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

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

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


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                            CS/HBs 751, 753 & 755, Third Engrossed



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

  2  Such planning shall include assembling data, conducting

  3  appropriate studies and surveys, and sponsoring research and

  4  development activities designed to provide information about

  5  educational needs and the effect of alternative educational

  6  practices.

  7         (b)  Each district school board shall maintain a

  8  continuing system of planning and budgeting which shall be

  9  designed to aid in identifying and meeting the educational

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

11  coordination between district school boards and community

12  college district boards of trustees concerning the planning

13  for vocational and adult educational programs.  The major

14  emphasis of the system shall be upon locally determined goals

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

16  State minimum performance Standards developed by the

17  Department of Education and adopted by the State Board of

18  Education.  The district planning and budgeting system must

19  include consideration of student achievement data obtained

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

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

22  The system of planning and budgeting shall ensure that the

23  budget adopted by the district school board with reflect the

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

25  shall utilize its system of planning and budgeting to

26  emphasize a system of school-based management in which

27  individual school centers become the principal planning units

28  and eventually to integrate planning and budgeting at the

29  school level.

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

31  commissioner shall develop and implement an integrated


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  information system for educational management. The system must

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

  3  and school performance data required to ascertain the degree

  4  to which schools and school districts are meeting state

  5  performance standards, and must be capable of producing data

  6  for a comprehensive annual report on school and district

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

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

  9  of the department and at the individual school and district

10  levels.  Similar data elements among divisions and levels

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

12  conceptual design; the information needed for such decisions,

13  including fiscal, student, program, personnel, facility,

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

15  relationship between cost and effectiveness.  The system shall

16  be managed and administered by the commissioner and shall

17  include a district subsystem component to be administered at

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

19  control management committees.  Each district school system

20  with a unique management information system shall assure that

21  compatibility exists between its unique system and the

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

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

24  made available via electronic transfer and in the appropriate

25  input format.

26         (a)  The specific responsibilities of the commissioner

27  shall include:

28         1.  Consulting with school district representatives in

29  the development of the system design model and implementation

30  plans for the management information system for public school

31  education management;


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         2.  Providing operational definitions for the proposed

  2  system;

  3         3.  Determining the information and specific data

  4  elements required for the management decisions made at each

  5  educational level, recognizing that the primary unit for

  6  information input is shall be the individual school and

  7  recognizing that time and effort of instructional personnel

  8  expended in collection and compilation of data should be

  9  minimized;

10         4.  Developing standardized terminology and procedures

11  to be followed at all levels of the system;

12         5.  Developing a standard transmittal format to be used

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

14         6.  Developing appropriate computer programs to assure

15  integration of the various information components dealing with

16  students, personnel, facilities, fiscal, program, community,

17  and evaluation data;

18         7.  Developing the necessary programs to provide

19  statistical analysis of the integrated data provided in

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

21  disseminated, comparisons may be made, and relationships may

22  be determined in order to provide the necessary information

23  for making management decisions at all levels;

24         8.  Developing output report formats which will provide

25  district school systems with information for making management

26  decisions at the various educational levels;

27         9.  Developing a phased plan for distributing computer

28  services equitably among all public schools and school

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

30  shall describe alternatives available to the state in

31  providing such computing services and shall contain estimates


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  of the cost of each alternative, together with a

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

  3  feasibility of shared use of computing hardware and software

  4  by school districts, community colleges, and universities

  5  shall be examined.  Laws or administrative rules regulating

  6  procurement of data processing equipment, communication

  7  services, or data processing services by state agencies shall

  8  not be construed to apply to local agencies which share

  9  computing facilities with state agencies;

10         10.  Assisting the district school systems in

11  establishing their subsystem components and assuring

12  compatibility with current district systems;

13         11.  Establishing procedures for continuous evaluation

14  of system efficiency and effectiveness;

15         12.  Initiating a reports-management and

16  forms-management system to ascertain that duplication in

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

18  for reporting under state and federal requirements and other

19  forms and reports are prepared in a logical and uncomplicated

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

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

22         13.  Initiating such other actions as are necessary to

23  carry out the intent of the Legislature that a management

24  information system for public school management needs be

25  implemented.  Such other actions shall be based on criteria

26  including, but not limited to:

27         a.  The purpose of the reporting requirement;

28         b.  The origination of the reporting requirement;

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

30  and

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


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         (b)  The specific responsibilities of each district

  2  school system shall include:

  3         1.  Establishing, at the district level, a

  4  reports-control and forms-control management system committee

  5  composed of school administrators and classroom teachers.  The

  6  district school board shall appoint school administrator

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

  8  where appropriate, the classroom teacher members shall be

  9  appointed by the bargaining agent. Teachers shall constitute a

10  majority of the committee membership. The committee shall

11  periodically recommend procedures to the district school board

12  for eliminating, reducing, revising, and consolidating

13  paperwork and data collection requirements and shall submit to

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

15         2.  With assistance from the commissioner, developing

16  systems compatibility between the state management information

17  system and unique local systems.

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

19  inservice training dealing with management information system

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

21  the use of output report information.

22         4.  Establishing a plan for continuous review and

23  evaluation of local management information system needs and

24  procedures.

25         5.  Advising the commissioner of all district

26  management information needs.

27         6.  Transmitting required data input elements to the

28  appropriate processing locations in accordance with guidelines

29  established by the commissioner.

30         7.  Determining required reports, comparisons, and

31  relationships to be provided to district school systems by the


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  system output reports, continuously reviewing these reports

  2  for usefulness and meaningfulness, and submitting recommended

  3  additions, deletions, and change requirements in accordance

  4  with the guidelines established by the commissioner.

  5         8.  Being responsible for the accuracy of all data

  6  elements transmitted to the department.

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

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

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

10  implementation of a comprehensive management information

11  system.

12         Section 6.  Subsection (1) of section 229.565, Florida

13  Statutes, is amended to read:

14         229.565  Educational evaluation procedures.--

15         (1)  STUDENT PERFORMANCE STANDARDS.--

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

17  performance standards in key academic subject areas and the

18  various program categories and chronological grade levels

19  which the Commissioner of Education designates as necessary

20  for maintaining a good educational system. The standards must

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

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

23  education, foreign language, reading, writing, history,

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

25  commissioner shall obtain opinions and advice from citizens,

26  educators, and members of the business community in developing

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

28  performance standard" means a statement describing a skill or

29  competency students are expected to learn.

30         (b)  The student performance standards must address the

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


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  graduate from high school. The commissioner shall also develop

  2  performance standards for students who learn a higher level of

  3  skills and competencies.

  4         Section 7.  Section 229.57, Florida Statutes, 1998

  5  Supplement, is amended to read:

  6         229.57  Student assessment program.--

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

  8  statewide assessment program are is to provide information

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

10  maximizing the learning gains of all students and to inform

11  parents of the educational progress of their public school

12  children.  The program must be designed to:

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

14  toward achieving the Sunshine State Standards appropriate for

15  the student's grade level.

16         (b)  Provide data for making decisions regarding school

17  accountability and recognition.

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

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

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

21  standard high school diploma.

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

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

24  state levels.

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

26  and development of educational programs and policies.

27         (f)  Provide information on the performance of Florida

28  students compared with others across the United States.

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

30  intent to participate in the measurement of national

31  educational goals set by the President and governors of the


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  United States.  The Commissioner of Education shall direct

  2  Florida is directed to provide for school districts to

  3  participate in the administration of the National Assessment

  4  of Educational Progress, or a similar national assessment

  5  program, both for the national sample and for any

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

  7  Such assessments must be conducted using the data collection

  8  procedures, the student surveys, the educator surveys, and

  9  other instruments included in the National Assessment of

10  Educational Progress or a similar program.  The results of

11  these assessments shall be included in the annual report of

12  the Commissioner of Education specified in this section.  The

13  administration of the National Assessment of Educational

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

15  separate from the administration of the statewide assessment

16  program otherwise described in this section.

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

18  shall is directed to design and implement a statewide program

19  of educational assessment that provides information for the

20  improvement of the operation and management of the public

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

22  as not to conflict with ongoing district assessment programs

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

24  Pursuant to the statewide assessment program, the commissioner

25  shall:

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

27  student skills and competencies to which the goals for

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

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

30  The skills and competencies must include problem-solving and

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


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  Sunshine State Standards.  The commissioner shall select such

  2  skills and competencies after receiving recommendations from

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

  4  The commissioner shall submit to the state board revisions to

  5  the list of student skills and competencies in order to

  6  maintain continuous progress toward improvements in student

  7  proficiency.

  8         (b)  Develop and implement a uniform system of

  9  indicators to describe the performance of public school

10  students and the characteristics of the public school

11  districts and the public schools.  These indicators must

12  include, without limitation, information gathered by the

13  comprehensive management information system created pursuant

14  to s. 229.555 and student achievement information obtained

15  pursuant to this section.

16         (c)  Develop and implement a student achievement

17  testing program as part of the statewide assessment program,

18  to be administered annually in grades 3 through 10 at

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

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

21  The testing program must be designed so that:

22         1.  The tests measure student skills and competencies

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

24  tests must measure and report student proficiency levels in

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

26  measured statewide beginning in 2003. Other content areas may

27  be included as directed by the commissioner.  The commissioner

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

29  appropriate, through contracts and project agreements with

30  private vendors, public vendors, public agencies,

31  postsecondary institutions, or school districts.  The


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  commissioner shall obtain input with respect to the design and

  2  implementation of the testing program from state educators and

  3  the public.

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

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

  6  the commissioner, items that require the student to produce

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

  8  competencies he or she uses can be measured.

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

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

11  which students are required to produce writings which are then

12  scored by appropriate methods.

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

14  below which score a student's performance is deemed

15  inadequate.  The school districts shall provide appropriate

16  remedial instruction to students who score below these levels.

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

18  grade students take a high school competency test developed by

19  the state board to test minimum student performance skills and

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

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

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

23  the commissioner, the state board shall designate a passing

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

25  establishing passing scores, the state board shall consider

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

27  The commissioner may establish criteria whereby a student who

28  successfully demonstrates proficiency in either reading or

29  mathematics or both may be exempted from taking the

30  corresponding section of the high school competency test or

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


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                            CS/HBs 751, 753 & 755, Third Engrossed



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

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

  3  diploma. The school districts shall provide appropriate

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

  5  competency test.

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

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

  8  assessment test described in this paragraph instead of the

  9  high school competency test described in subparagraph 5. Such

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

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

12  recommendation of the commissioner, the state board shall

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

14  assessment test. In establishing passing scores, the state

15  board shall consider any possible negative impact of the test

16  on minority students.

17         7.6.  Participation in the testing program is mandatory

18  for all students, except as otherwise prescribed by the

19  commissioner.  The commissioner shall recommend rules to the

20  state board for the provision of test adaptations and

21  modifications of procedures as necessary for students in

22  exceptional education programs and for students who have

23  limited English proficiency.

24         8.7.  A student seeking an adult high school diploma

25  must meet the same testing requirements that a regular high

26  school student must meet.

27         9.  School districts must provide instruction to

28  prepare students to demonstrate proficiency in the skills and

29  competencies necessary for successful grade-to-grade

30  progression and high school graduation. The commissioner shall

31  conduct studies as necessary to verify that the required


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  skills and competencies are part of the district instructional

  2  programs.

  3

  4  The commissioner may design and implement student testing

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

  6  procedures designated by the commissioner to monitor

  7  educational achievement in the state.

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

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

10  10 to assist them in preparing for further education or

11  entering the workforce.  The statewide student assessment

12  program must include career planning assessment.

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

14  methods of assessing student performance, including, without

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

16  of electronic transfer of data, the development of

17  work-product assessments, and the development of process

18  assessments.

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

20  student achievement data, including, without limitation,

21  monitoring trends in student achievement, identifying school

22  programs that are successful, and analyzing correlates of

23  school achievement.

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

25  districts in the implementation of state and district testing

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

27  programs.

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

29  periodically assess student performance and achievement within

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

31  based upon local goals and objectives that are compatible with


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  the state plan for education and that supplement the skills

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

  3  school districts must participate in the state assessment

  4  program designed to measure annual student learning and school

  5  performance. All school districts shall report assessment

  6  results as required by the management information system. In

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

  8  normed achievement test selected from a list approved by the

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

10  provided to the Department of Education according to

11  procedures specified by the commissioner.  The commissioner

12  may request achievement data for other grade levels as

13  necessary.

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

15  unless specifically exempted by state board rule based on

16  serving a specialized population for which standardized

17  testing is not appropriate, shall participate in the state

18  assessment program. Student performance data shall be analyzed

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

20  performance data shall be used in developing objectives of the

21  school improvement plan, evaluation of instructional

22  personnel, evaluation of administrative personnel, assignment

23  of staff, allocation of resources, acquisition of

24  instructional materials and technology, performance-based

25  budgeting, and promotion and assignment of students into

26  educational programs administering an achievement test,

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

28  each public school administering the high school competency

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

30  each administration.  The analysis of student performance data

31  also must identify strengths and needs in the educational


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                            CS/HBs 751, 753 & 755, Third Engrossed



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

  2  conjunction with the budgetary planning processes developed

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

  4  remediation described in s. 233.051.

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

  6  annual reports of the results of the statewide assessment

  7  program which describe student achievement in the state, each

  8  district, and each school.  The commissioner shall prescribe

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

10  without limitation, descriptions of the performance of all

11  schools participating in the assessment program and all of

12  their major student populations as determined by the

13  Commissioner of Education, and must also include the median

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

15  25th percentile of the state in the previous school year,

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

17  pertaining to student records apply to this section. Until

18  such time as annual assessments prescribed in this section are

19  fully implemented, annual reports shall include student

20  performance data based on existing assessments students at

21  both low levels and exemplary levels, as well as the

22  performance of students scoring in the middle 50 percent of

23  the test population.

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

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

26  performance data, the annual report shall identify schools as

27  being in one of the following grade categories defined

28  according to rules of the state board:

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

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

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


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                            CS/HBs 751, 753 & 755, Third Engrossed



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

  2  progress.

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

  4

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

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

  7  or as having improved at least two performance grade

  8  categories, shall have greater authority over the allocation

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

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

11  specified in state board rule. The rule must provide that the

12  increased budget authority shall remain in effect until the

13  school's performance grade declines.

14         (8)  DESIGNATION OF SCHOOL PERFORMANCE GRADE

15  CATEGORIES.--School performance grade category designations

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

17         (a)  Timeframes.--

18         1.  School performance grade category designations

19  shall be based on one school year of performance.

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

21  performance grade category designation shall be determined by

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

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

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

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

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

27  school's performance grade category designation shall be based

28  on a combination of student achievement scores as measured by

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

30  students, and on other appropriate performance data,

31


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                            CS/HBs 751, 753 & 755, Third Engrossed



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

  2  school discipline data, and student readiness for college.

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

  4  thereafter, a school's performance grade category designation

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

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

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

  8  attendance, dropout rate, school discipline data, cohort

  9  graduation rate, and student readiness for college.

10

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

12  any of the four schools that were identified as critically low

13  performing, based on both 1996-1997 and 1997-1998 school

14  performance data and state board adopted criteria, receives a

15  performance grade category designation of "F," based on

16  1998-1999 school performance data, that school shall be

17  considered as having failed to make adequate progress for 2

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

19  performance grade category designation of "F," based on

20  1998-1999 school performance data, shall be considered as

21  having failed to make adequate progress for 1 year.

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

23  used in determining school performance grade categories shall

24  include:

25         1.  The median scores of all eligible students enrolled

26  in the school who have been assessed on the FCAT.

27         2.  The median scores of all eligible students enrolled

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

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

30  previous school year.

31


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  The Department of Education shall study the effects of

  2  mobility on the performance of highly mobile students and

  3  recommend programs to improve the performance of such

  4  students. The state board shall adopt appropriate criteria for

  5  each school performance grade category. The criteria must also

  6  give added weight to student achievement in reading. Schools

  7  designated as performance grade category "C," making

  8  satisfactory progress, shall be required to demonstrate that

  9  adequate progress has been made by students who have scored

10  among the lowest 25 percent of students in the state as well

11  as by the overall population of students in the school.

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

13  1999-2000 school year's student and school performance data,

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

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

16  improvement rating shall be based on a comparison of the

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

18  performance data. Schools that improve at least one

19  performance grade category are eligible for school recognition

20  awards pursuant to s. 231.2905.

21         (10)  SCHOOL PERFORMANCE GRADE CATEGORY AND IMPROVEMENT

22  RATING REPORTS.--School performance grade category

23  designations and improvement ratings shall apply to each

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

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

26  published annually by the Department of Education and the

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

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

29  the school in which their child is enrolled.

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

31  Education is authorized, subject to appropriation, to


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  negotiate a multiyear contract for the development, field

  2  testing, and implementation of annual assessments of students

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

  4  following criteria:

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

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

  7  Standards for that grade level and above.

  8         (b)  Assessments shall be capable of measuring the

  9  annual progress each student makes in mastering the Sunshine

10  State Standards.

11         (c)  Assessments shall include measures in reading and

12  mathematics in each grade level and must include writing and

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

14  statewide in 2003.

15         (d)  Assessments shall be designed to protect the

16  integrity of the data and prevent score inflation.

17         (e)  The statistical system shall use measures of

18  student learning, such as the FCAT, to determine teacher,

19  school, and school district statistical distributions, which

20  distributions:

21         1.  Shall be determined using available data from the

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

23  Department of Education, to measure the differences in student

24  prior year achievement against the current year achievement or

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

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

27  estimated on a per-student and constant basis.

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

29  expressed in linear scales such that the effects of ceiling

30  and floor dispersions are minimized.

31


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         (f)  The statistical system shall provide for an

  2  approach which provides for best linear unbiased prediction

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

  4  progress.  These estimates should adequately be able to

  5  determine effects of and compare teachers who teach multiple

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

  7  situations where teachers teach a single subject to multiple

  8  groups of students, or other teaching situations as

  9  appropriate.

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

11  Program Policy Analysis and Government Accountability, and

12  other sources as appropriate, shall use recognized approaches

13  to statistical variance and estimating random effects.

14         2.  The approach used by the department shall be

15  approved by the State Board of Education before implementation

16  for pupil progression assessment.

17         (g)  Assessments shall include a norm-referenced

18  subtest that allows for comparisons of Florida students with

19  the performance of students nationally.

20         (h)  The annual testing program shall be administered

21  to provide for valid statewide comparisons of learning gains

22  to be made for purposes of accountability and recognition.

23  Annual assessments that do not contain performance items shall

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

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

26  academic year.  Subtests that contain performance items may be

27  given earlier than March, provided that the remaining subtests

28  are sufficient to provide valid data on comparisons of student

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

30  be aligned such that a comparable amount of instructional time

31  is measured in all school districts.  District school boards


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  shall not establish school calendars that jeopardize or limit

  2  the valid testing and comparison of student learning gains.

  3         (i)  Assessments shall be implemented statewide no

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

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

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

  7  subjects and grade levels required for the state assessment

  8  program is the responsibility of the school districts.

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

10  must meet the testing requirements for high school graduation

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

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

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

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

15  to implement the provisions of this section.

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

17  factor in the performance of schools in calculating any

18  performance-based funding policy that is provided for annually

19  in the General Appropriations Act.

20         Section 8.  Section 229.58, Florida Statutes, 1998

21  Supplement, is amended to read:

22         229.58  District and school advisory councils.--

23         (1)  ESTABLISHMENT.--

24         (a)  The school board shall establish an advisory

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

26  procedures for the election and appointment of advisory

27  council members. Each school advisory council shall include in

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

29  advisory council shall be the sole body responsible for final

30  decisionmaking at the school relating to implementation of the

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


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                            CS/HBs 751, 753 & 755, Third Engrossed



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

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

  3  shall be composed of the principal and an appropriately

  4  balanced number of teachers, education support employees,

  5  students, parents, and other business and community citizens

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

  7  community served by the school.  Vocational-technical center

  8  and high school advisory councils shall include students, and

  9  middle and junior high school advisory councils may include

10  students.  School advisory councils of vocational-technical

11  and adult education centers are not required to include

12  parents as members.  Council members representing teachers,

13  education support employees, students, and parents shall be

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

15  fair and equitable manner as follows:

16         1.  Teachers shall be elected by teachers.

17         2.  Education support employees shall be elected by

18  education support employees.

19         3.  Students shall be elected by students.

20         4.  Parents shall be elected by parents.

21

22  The school board shall establish procedures for use by schools

23  in selecting business and community members. Such procedures

24  shall include means of ensuring wide notice of vacancies and

25  for taking input on possible members from local business,

26  chambers of commerce, community and civic organizations and

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

28  the membership composition of each advisory council.  Should

29  the school board determine that the membership elected by the

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

31  economic community served by the school, the board shall


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  appoint additional members to achieve proper representation.

  2  The Commissioner of Florida Commission on Education Reform and

  3  Accountability shall serve as a review body to determine if

  4  schools have maximized their efforts to include on their

  5  advisory councils minority persons and persons of lower

  6  socioeconomic status. Although schools should be strongly

  7  encouraged to establish school advisory councils, any school

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

  9  establish a district advisory council which shall include at

10  least one duly elected teacher from each school in the

11  district.  For the purposes of school advisory councils and

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

13  classroom teachers, certified student services personnel, and

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

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

16  not defined as instructional or administrative personnel

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

18  hours in each normal working week.

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

20  council representative of the district and composed of

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

22  advisory council which may be comprised of representatives of

23  each school advisory council.  Recognized schoolwide support

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

25  function as school advisory councils.

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

27  functions as are prescribed by regulations of the  school

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

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

30  Each school advisory council shall assist in the preparation

31  and evaluation of the school improvement plan required


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                            CS/HBs 751, 753 & 755, Third Engrossed



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

  2  with technical assistance from the Department of Education,

  3  each school advisory council shall assist in the preparation

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

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

  6  Appropriations Act for use by school advisory councils must be

  7  used for implementing the school improvement plan.

  8         Section 9.  Section 229.591, Florida Statutes, 1998

  9  Supplement, is amended to read:

10         229.591  Comprehensive revision of Florida's system of

11  school improvement and education accountability.--

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

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

14  precious resource.  To provide these developing citizens with

15  the sound education needed to grow to a satisfying and

16  productive adulthood, the Legislature intends that, by the

17  year 2000, Florida establish a system of school improvement

18  and education accountability based on the performance of

19  students and educational programs. The intent of the

20  Legislature is to provide clear guidelines for achieving this

21  purpose and for returning the responsibility for education to

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

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

24  its ultimate responsibility and that of the Governor, the

25  Commissioner of Education, and the State Board of Education

26  and other state policymaking bodies in providing the strong

27  leadership needed to forge a new concept of school improvement

28  and in making adequate provision by law provisions for a

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

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

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


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  build upon the foundation established by the Educational

  2  Accountability Act of 1976 and to implement a program of

  3  education accountability and school improvement based upon the

  4  achievement of state goals, recognizing the State Board of

  5  Education as the body corporate responsible for the

  6  supervision of the system of public education, the district

  7  school board as responsible for school and student

  8  performance, and the individual school as the unit for

  9  education accountability.

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

11  improvement and education accountability shall:

12         (a)  Establish state and local educational goals.

13         (b)  Increase the use of educational outcomes over

14  educational processes in assessing educational programs.

15         (c)  Redirect state fiscal and human resources to

16  assist school districts and schools to meet state and local

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

18         (d)  Provide methods for measuring, and public

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

20  progress toward the education goals.

21         (e)  Recognize successful schools.

22         (f)  Provide for Ensure that unsuccessful schools

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

24  are provided assistance and intervention sufficient to attain

25  adequate such that improvement occurs, and provide further

26  ensure that action that should occur when schools do not

27  improve.

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

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

30  performance grade category "F," as defined in state board

31  rule, for two school years in a 4-year period.


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                            CS/HBs 751, 753 & 755, Third Engrossed



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

  2  toward the following goals:

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

  4  schools collaborate in a statewide comprehensive school

  5  readiness program to prepare children and families for

  6  children's success in school.

  7         (b)  Graduation rate and readiness for postsecondary

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

  9  to enter the workforce and postsecondary education.

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

11  learning gains sufficient to acquire the knowledge, skills,

12  and competencies needed to master state standards;

13  successfully compete at the highest levels nationally and

14  internationally; and be are prepared to make well-reasoned,

15  thoughtful, and healthy lifelong decisions.

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

17  learning environment conducive to teaching and learning, in

18  which education programs are based on student performance

19  data, and which strive to eliminate achievement gaps by

20  improving the learning of all students.

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

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

23  students' health, safety, and civil rights.

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

25  postsecondary institutions, and state work collaboratively to

26  provide ensure professional teachers and staff who possess the

27  competencies and demonstrate the performance needed to

28  maximize learning among all students.

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

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

31


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                            CS/HBs 751, 753 & 755, Third Engrossed



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

  2  exercise the rights and responsibilities of citizenship.

  3         (h)  Parental, family, and community

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

  5  opportunities for involving parents, families, and guardians,

  6  and other community stakeholders as collaborative active

  7  partners in achieving school improvement and education

  8  accountability. The State Board of Education shall adopt

  9  standards for indicating progress toward this state education

10  goal by January 1, 1997.

11         Section 10.  Section 229.592, Florida Statutes, 1998

12  Supplement, is amended to read:

13         229.592  Implementation of state system of school

14  improvement and education accountability.--

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

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

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

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

19  school year.  Vocational standards considered pursuant to s.

20  239.229 shall be incorporated into the school improvement plan

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

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

23  prepare school report cards incorporating such standards,

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

25  order to accomplish this, the Commissioner of Florida

26  Commission on Education Reform and Accountability and the

27  school districts and schools shall carry out the duties

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

29  respectively.

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

31  the Florida Commission on Education Reform and Accountability,


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  the Legislature may enact such laws as it considers necessary

  2  to establish and maintain a state system of school improvement

  3  and accountability.  If, after considering the recommendations

  4  of the commission, the Legislature determines an adequate

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

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

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

  8  improvement.

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

10  responsible for implementing and maintaining a system of

11  intensive school improvement and stringent education

12  accountability, which shall include policies and programs to.

13         (a)  Based on the recommendations of The Florida

14  Commission on Education Reform and Accountability, the

15  commissioner shall develop and implement the following

16  programs and procedures:

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

18  will improve information about the educational success of

19  individual students and schools. The information and analyses

20  must be capable of identifying educational programs or

21  activities in need of improvement, and reports prepared

22  pursuant to this paragraph subparagraph shall be distributed

23  to the appropriate school boards prior to distribution to the

24  general public.  This provision shall not preclude access to

25  public records as provided in chapter 119.

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

27  analyze information to identify schools, educational programs,

28  or educational activities in need of improvement.

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

30  districts and schools to improve.

31


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                            CS/HBs 751, 753 & 755, Third Engrossed



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

  2  educational goals and school improvement plans any other state

  3  program that creates incentives for school improvement.

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

  5  the implementation and maintenance of the system of school

  6  improvement and education accountability outlined in this

  7  section subsection.  There shall be an annual determination of

  8  whether adequate progress is being made toward implementing

  9  and maintaining a system of school improvement and education

10  accountability.

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

12  by the commission and the Department of Education.

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

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

15  findings to the State Board of Education.  If adequate

16  progress is not being made toward implementing and maintaining

17  a system of school improvement and education accountability,

18  the State Board of Education shall direct the commissioner to

19  prepare and implement a corrective action plan. The

20  commissioner and State Board of Education shall monitor the

21  development and implementation of the corrective action plan.

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

23  Education Reform and Accountability,  The commissioner shall

24  appear before the appropriate committees of the Legislature

25  annually in October to report to the Legislature and recommend

26  changes in state policy necessary to foster school improvement

27  and education accountability. The report shall reflect the

28  recommendations of the Florida Commission on Education Reform

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

30  the schools for which school boards have developed assistance

31  and intervention plans and an analysis of the various


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                            CS/HBs 751, 753 & 755, Third Engrossed



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

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

  3  according to guidelines adopted by the State Board of

  4  Education.

  5         (7)(4)  DEPARTMENT.--

  6         (a)  The Department of Education shall implement a

  7  training program to develop among state and district educators

  8  a cadre of facilitators of school improvement.  These

  9  facilitators shall assist schools and districts to conduct

10  needs assessments and develop and implement school improvement

11  plans to meet state goals.

12         (b)  Upon request, the department shall provide

13  technical assistance and training to any school, school

14  advisory council, district, or school board for conducting

15  needs assessments, developing and implementing school

16  improvement plans, developing and implementing assistance and

17  intervention plans, or implementing other components of school

18  improvement and accountability. Priority for these services

19  shall be given to schools designated as performance grade

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

21  populated areas of the state.

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

23  not release funds from the Educational Enhancement Trust Fund

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

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

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

27  comply with school advisory council membership composition

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

29  send a technical assistance team to each school without an

30  approved plan to develop such school improvement plan or to

31  each school without appropriate school advisory council


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  membership composition to develop a strategy for corrective

  2  action.  The department shall release the funds upon approval

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

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

  5  department's intervention and shall identify each school

  6  without a plan or without appropriate school advisory council

  7  membership composition.

  8         (d)  The department shall assign a community assessment

  9  team to each school district with a school designated as

10  performance grade category "D" or "F" to review the school

11  performance data and determine causes for the low performance.

12  The team shall make recommendations to the school board, to

13  the department, and to the State Board of Education for

14  implementing an assistance and intervention plan that will

15  address the causes of the school's low performance. The

16  assessment team shall include, but not be limited to, a

17  department representative, parents, business representatives,

18  educators, and community activists, and shall represent the

19  demographics of the community from which they are appointed.

20         (8)(5)  STATE BOARD.--The State Board of Education

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

22  necessary to implement a state system of school improvement

23  and education accountability and shall specify required annual

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

25  based on recommendations of the Commission on Education Reform

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

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

28  Education Enhancement Trust Fund allocations to the district

29  and the school and how those allocations were used for

30  educational enhancement and supporting school improvement.

31


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         (9)(6)  EXCEPTIONS TO LAW.--To facilitate innovative

  2  practices and to allow local selection of educational methods,

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

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

  5  School Code that relate to instruction and school operations,

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

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

  8  authorized to grant waivers for any provisions of law

  9  pertaining to the allocation and appropriation of state and

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

11  and organization of school board members and superintendents;

12  graduation and state accountability standards; financial

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

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

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

16  approval, the commissioner shall report pending waiver

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

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

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

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

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

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

23  the commissioner shall report to the President and Minority

24  Leader of the Senate and the Speaker and Minority Leader of

25  the House of Representatives all approved waiver requests in

26  the preceding year.

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

28  by demonstrating performance of intended outcomes for any

29  course in the Course Code Directory unless a waiver is

30  approved by the commissioner. In developing procedures for

31  awarding credits based on performance outcomes, districts may


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  request waivers from State Board of Education rules relating

  2  to curriculum frameworks and credits for courses and programs

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

  4  program beyond that allowed by the Course Code Directory

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

  6  district, the commissioner shall evaluate and establish

  7  procedures for variations in academic credits awarded toward

  8  graduation by a high school offering six periods per day

  9  compared to those awarded by high schools operating on other

10  schedules.

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

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

13  required to implement districtwide improvements.

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

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

16  school board by a school advisory council established pursuant

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

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

19  board shall report annually to the Commissioner of Florida

20  Commission on Education Reform and Accountability, in

21  conjunction with the feedback report required pursuant to this

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

23  school advisory councils, the number of such waiver requests

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

25  such waiver requests not approved and not submitted to the

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

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

28  was requested, the rationale for the school advisory council

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

30

31


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         3.  When approved by the commissioner, a waiver

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

  3  period.

  4         (b)  Notwithstanding the provisions of chapter 120 and

  5  for the purpose of implementing this subsection, the

  6  commissioner may waive State Board of Education rules if the

  7  school board has submitted a written request to the

  8  commissioner for approval pursuant to this subsection.

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

10  must indicate at least how the general statutory purpose will

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

12  improving student outcomes related to the student performance

13  standards adopted by the state board pursuant to subsection

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

15  reported. In considering any waiver, The commissioner shall

16  not grant any waiver that would impair the ensure protection

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

18  students or the and protection of the public interest.

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

20  commissioner must state with particularity the grounds or

21  basis for the denial. The commissioner shall report the

22  specific statutes and rules for which waivers are requested

23  and the number and disposition of such requests to the

24  Legislature and the State Board of Education Florida

25  Commission on Education Reform and Accountability for use in

26  determining which statutes and rules stand in the way of

27  school improvement.

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

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

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

31  228.0565(5), (7), (8), (9), and (10).


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         2.  Schools that have improved at least two performance

  2  grade categories and that meet the criteria of the Florida

  3  School Recognition Program pursuant to s. 231.2905 may be

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

  5  (8), (9), and (10).

  6         Section 11.  Section 229.593, Florida Statutes, 1998

  7  Supplement, is repealed.

  8         Section 12.  Section 229.594, Florida Statutes, is

  9  repealed.

10         Section 13.  Subsection (5) of section 229.595, Florida

11  Statutes, is amended to read:

12         229.595  Implementation of state system of education

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

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

15  school, the school shall Any assessment required for student

16  receipt of a high school diploma shall include items designed

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

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

19  guardian with the results of such assessment. The Commissioner

20  of Florida Commission on Education Reform and Accountability

21  shall identify the employability skills associated with

22  successful entry into the workforce from which such items

23  shall be derived.

24         Section 14.  Paragraphs (c) and (g) of subsection (5),

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

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

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

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

29  to that section, to read:

30

31


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         230.23  Powers and duties of school board.--The school

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

  3  perform all duties listed below:

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

  5  prescribe qualifications for those positions, and provide for

  6  the appointment, compensation, promotion, suspension, and

  7  dismissal of employees as follows, subject to the requirements

  8  of chapter 231:

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

10  schedule or salary schedules designed to furnish incentives

11  for improvement in training and for continued efficient

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

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

14  to furnish incentive for improvement in training and for

15  continued and efficient service and fix and authorize the

16  compensation of school employees on the basis thereof of such

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

18  schedule for instructional personnel, must base a portion of

19  each employee's compensation on performance demonstrated under

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

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

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

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

24  teachers, and representatives of the business community. By

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

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

27  administrators and instructional personnel on annual

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

29  performance-pay policy is subject to negotiation as provided

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

31  allow employees who demonstrate outstanding performance to


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                            CS/HBs 751, 753 & 755, Third Engrossed



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

  2  Education shall determine whether the board's adopted salary

  3  schedule complies with the requirement for performance-based

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

  5  commissioner shall withhold disbursements from the Educational

  6  Enhancement Trust Fund to the district until compliance is

  7  verified.

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

  9  district employees, students, school volunteers, and or

10  advisory committee members who have contributed outstanding

11  and meritorious service in their fields or service areas.

12  After considering recommendations of the superintendent, the

13  board shall adopt rules establishing and regulating the

14  meritorious service awards necessary for the efficient

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

16  this paragraph may not be considered in determining the salary

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

18  limited to persons who propose procedures or ideas which are

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

20  reducing school board expenditures or improving district or

21  school center operations.  Nonmonetary awards shall include,

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

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

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

25  granted under the provisions of this paragraph shall exceed

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

27  whichever is greater.

28         (7)  COURSES OF STUDY AND OTHER INSTRUCTIONAL

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

30  follows and in accordance with the requirements of chapter

31  233.


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                            CS/HBs 751, 753 & 755, Third Engrossed



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

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

  3  instructional materials textbooks and other books furnished by

  4  the state and furnish such other instructional materials

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

  6  is responsible for assuring that instructional materials used

  7  in the district are consistent with the district goals and

  8  objectives and the curriculum frameworks approved by the State

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

10  performance standards provided for in ss. 229.565 and

11  232.2454.

12         (16)  IMPLEMENT SCHOOL IMPROVEMENT AND

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

14  education accountability as provided by statute and State

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

16  education accountability shall be consistent with, and

17  implemented through, the district's continuing system of

18  planning and budgeting required by this section and ss.

19  229.555 and 237.041. This system of school improvement and

20  education accountability shall include, but is not be limited

21  to, the following:

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

23  require implementation of a new, amended, or continuation

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

25  plan shall be designed to achieve the state education goals

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

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

28  address issues relative to budget, training, instructional

29  materials, technology, staffing, student support services,

30  specific school safety and discipline strategies, and other

31  matters of resource allocation, as determined by school board


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                            CS/HBs 751, 753 & 755, Third Engrossed



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

  2  achievement and other school performance data.

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

  4  of a school improvement plan presented by an individual school

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

  6  approve a school improvement plan after exhausting this

  7  process, the Department of Education Florida Commission on

  8  Education Reform and Accountability shall be notified of the

  9  need for assistance.

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

11  3-year plan of increasing individualized assistance and

12  intervention for each school in danger of that does not

13  meeting state standards meet or making make adequate progress,

14  based upon the recommendations of the commission, as defined

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

16  meeting the goals and standards of its approved school

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

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

19  danger of failing and must be provided assistance and

20  intervention. District school boards are encouraged to

21  prioritize the expenditures of funds received from specific

22  appropriation 110A of the General Appropriations Act of fiscal

23  year 1999-2000 to improve student performance in schools that

24  receive a performance grade category designation of "D" or

25  "F."

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

27  Florida Commission on Education Reform and Accountability and

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

29  make adequate progress toward meeting the goals and standards

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

31  years of failing to make adequate progress district assistance


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  and intervention and proceed according to guidelines developed

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

  3  districts shall provide intervention and assistance to schools

  4  in danger of being designated as performance grade category

  5  "F," failing to make adequate progress.

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

  7  performance of students and educational programs as required

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

  9  system of school reports as required by statute and State

10  Board of Education rule. Annual public disclosure reports

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

12  include the school's student and school performance grade

13  category designation and performance data as specified in

14  state board rule.

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

16  schools for developing and implementing school improvement

17  plans. Such funds shall include those funds appropriated for

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

19         (17)  LOCAL-LEVEL DECISIONMAKING.--

20         (a)  Adopt policies that clearly encourage and enhance

21  maximum decisionmaking appropriate to the school site. Such

22  policies must include guidelines for schools in the adoption

23  and purchase of district and school site instructional

24  materials and technology, staff training, school advisory

25  council member training, student support services, budgeting,

26  and the allocation of staff resources.

27         (b)  Adopt waiver process policies to enable all

28  schools to exercise maximum flexibility and notify advisory

29  councils of processes to waive school district and state

30  policies.

31


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         (c)  Develop policies for periodically monitoring the

  2  membership composition of school advisory councils to ensure

  3  compliance with requirements established in s. 229.58.

  4         (d)  Adopt policies that assist in giving greater

  5  autonomy, including authority over the allocation of the

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

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

  8  having improved at least two performance grade categories.

  9         (18)  OPPORTUNITY SCHOLARSHIPS.--Adopt policies

10  allowing students attending schools that have been designated

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

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

13  higher performing school in the district or an adjoining

14  district or be granted a state opportunity scholarship to a

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

16  board rule.

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

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

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

20  danger of failing and to negotiate special provisions of its

21  contract with the appropriate bargaining units to free these

22  schools from contract restrictions that limit the school's

23  ability to implement programs and strategies needed to improve

24  student performance.

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

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

27  section.

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

29  Florida Statutes, is amended, and subsection (4) is added to

30  said section, to read:

31         231.2905  Florida School Recognition Program.--


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         (2)  The Florida School Recognition Program is created

  2  to provide greater autonomy and financial awards to faculty

  3  and staff of schools that sustain high performance or that

  4  demonstrate exemplary improvement due to innovation and

  5  effort.  The Commissioner of Education shall establish

  6  statewide objective criteria for schools to be invited to

  7  apply for the Florida School Recognition Program. The

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

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

10  school district must have incorporated a performance incentive

11  program into its employee salary structure. All public

12  schools, including charter schools, are eligible to

13  participate in the program.

14         (a)  Initial criteria for identification of schools

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

16  include, but is not be limited to:

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

18  data.

19         (b)2.  Statewide student achievement data.

20         (c)  Student learning gains when such data becomes

21  available.

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

23         (e)4.  Dropout rates.

24         (f)5.  Attendance rates.

25         (g)  Graduation rates.

26         (h)  Cohort graduation rates.

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

28  identified, schools must apply for final recognition and

29  financial awards based on established criteria.  Criteria must

30  include, but not be limited to:

31


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         1.  School climate, including rates of school violence

  2  and crime.

  3         2.  Indicators of innovation in teaching and learning.

  4         3.  Indicators of successful challenging school

  5  improvement plans.

  6         4.  Parent, community, and student involvement in

  7  learning.

  8         (c)  After identification of schools for final

  9  recognition and financial awards, awards must be distributed

10  based on employee performance criteria established in district

11  school board policy.

12         (4)  The School Recognition Program shall utilize the

13  school performance grade category designations in s. 229.57.

14         Section 16.  Section 232.245, Florida Statutes, is

15  amended to read:

16         232.245  Pupil progression; remedial instruction;

17  reporting requirements.--

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

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

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

21  mathematics; that school district policies facilitate such

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

23  legal guardian be informed of that student's academic

24  progress.

25         (2)  Each district school board shall establish a

26  comprehensive program for pupil progression which must

27  include:

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

29  including how well he or she masters the performance standards

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

31


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         (b)  Specific levels of performance in reading,

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

  3  including the levels of performance on statewide assessments

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

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

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

  7  retained within an intensive program that is different from

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

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

10  grade level based solely on age or other factors that

11  constitute social promotion. School boards shall allocate

12  remedial and supplemental instruction resources first to

13  students who fail to meet achievement performance levels

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

15  prescribe limited circumstances in which a student may be

16  promoted without meeting the specific assessment performance

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

18  Such rules shall specifically address the promotion of

19  students with limited English proficiency and students with

20  disabilities. A school district must consider an appropriate

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

22  more years.

23         (3)  Each student must participate in the statewide

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

25  not meet specific levels of performance as determined by the

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

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

28  specific levels of performance, determined by the Commissioner

29  of Education, on statewide assessments at selected grade

30  levels, must be provided with additional diagnostic

31  assessments to determine the nature of the student's


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                            CS/HBs 751, 753 & 755, Third Engrossed



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

  2  student is enrolled must develop, in consultation with the

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

  4  academic improvement plan designed to assist the student in

  5  meeting state and district expectations for proficiency. Each

  6  plan must include the provision of intensive remedial

  7  instruction in the areas of weakness through one or more of

  8  the following activities, as considered appropriate by the

  9  school administration:

10         (a)  Summer school coursework;

11         (b)  Extended-day services;

12         (c)  Parent tutorial programs;

13         (d)  Contracted academic services;

14         (e)  Exceptional education services; or

15         (f)  Suspension of curriculum other than reading,

16  writing, and mathematics. Remedial instruction provided during

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

18  credits required for graduation.

19

20  Upon subsequent evaluation, if the documented deficiency has

21  not been corrected in accordance with the academic improvement

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

23  meet the minimum performance expectations defined by the

24  Commissioner of Education for the statewide assessment tests

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

26  state assessment test in the subject area of deficiency and

27  must continue remedial or supplemental instruction until the

28  expectations are met or the student graduates from high school

29  or is not subject to compulsory school attendance.

30         (4)  Any student who exhibits substantial deficiency in

31  reading skills, based on locally determined assessments


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                            CS/HBs 751, 753 & 755, Third Engrossed



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

  2  or based on teacher recommendation, must be given intensive

  3  reading instruction immediately following the identification

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

  5  must be reassessed by locally determined assessment or based

  6  on teacher recommendation at the beginning of the grade

  7  following the intensive reading instruction, and the student

  8  must continue to be given intensive reading instruction until

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

10  deficiency, as determined by the locally determined assessment

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

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

13  the student scores below the specific level of performance,

14  determined by the local school board, on the statewide

15  assessment test in reading and writing given in elementary

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

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

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

19  student who exhibits substantial deficiency in reading skills,

20  based on locally determined assessments conducted at the

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

22  teacher recommendation, must be given intensive reading

23  instruction immediately following the identification of the

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

25  reassessed by locally determined assessment or based on

26  teacher recommendation at the beginning of the grade following

27  the intensive reading instruction, and the student must

28  continue to be given intensive reading instruction until the

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

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

31  may be retained.


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         (5)(6)  Each district must annually report to the

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

  3  student towards achieving state and district expectations for

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

  5  district must report to the parent or legal guardian the

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

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

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

  9  state assessments, and other relevant information. Progress

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

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

12         (6)(7)  The Commissioner of Education shall adopt rules

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

14  administration of this section.

15         (7)(8)  The Department of Education shall provide

16  technical assistance as needed to aid school districts in

17  administering this section.

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

19  228.053, Florida Statutes, are amended to read:

20         228.053  Developmental research schools.--

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

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

23  research, demonstration, and evaluation regarding management,

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

25  developmental research school shall embody the goals and

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

27  229.591 and 229.592 and shall ensure an appropriate education

28  for its students.

29         (a)  Each developmental research school shall emphasize

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

31  The primary goal of a developmental research school is to


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  enhance instruction and research in such specialized subjects

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

  3  while also providing an education in nonspecialized subjects.

  4  Each developmental research school shall provide sequential

  5  elementary and secondary instruction where appropriate. A

  6  developmental research school may not provide instruction at

  7  grade levels higher than grade 12 without authorization from

  8  the State Board of Education. Each developmental research

  9  school shall develop and implement a school improvement plan

10  pursuant to s. 230.23(16).

11         (b)  Research, demonstration, and evaluation conducted

12  at a developmental research school may be generated by the

13  college of education with which the school is affiliated.

14         (c)  Research, demonstration, and evaluation conducted

15  at a developmental research school may be generated by the

16  Education Standards Commission. Such research shall respond to

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

18  specific needs of the affiliated college.

19         (d)  Research, demonstration, and evaluation conducted

20  at a developmental research school may consist of pilot

21  projects to be generated by the affiliated college, the

22  Education Standards Commission, or the Legislature.

23         (e)  The exceptional education programs offered at a

24  developmental research school shall be determined by the

25  research and evaluation goals and the availability of students

26  for efficiently sized programs. The fact that a developmental

27  research school offers an exceptional education program in no

28  way lessens the general responsibility of the local school

29  district to provide exceptional education programs.

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

31  intent specify that Each public school in the state shall


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  establish a school advisory council that is reflective of the

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

  3  responsible for the development and implementation of the

  4  school improvement plan pursuant to s. 230.23(16).

  5  Developmental research schools shall comply with the

  6  provisions of s. 229.58 in one of two ways:

  7         (a)  Two advisory bodies.--Each developmental research

  8  school may:

  9         1.  Establish an advisory body pursuant to the

10  provisions and requirements of s. 229.58 to be responsible for

11  the development and implementation of the school improvement

12  plan, pursuant to s. 230.23(16).

13         2.  Establish an advisory board to provide general

14  oversight and guidance. The dean of the affiliated college of

15  education shall be a standing member of the board, and the

16  president of the university shall appoint three faculty

17  members from the college of education, one layperson who

18  resides in the county in which the school is located, and two

19  parents or legal guardians of students who attend the

20  developmental research school to serve on the advisory board.

21  The term of each member shall be for 2 years, and any vacancy

22  shall be filled with a person of the same classification as

23  his or her predecessor for the balance of the unexpired term.

24  The president shall stagger the terms of the initial

25  appointees in a manner that results in the expiration of terms

26  of no more than two members in any year. The president shall

27  call the organizational meeting of the board. The board shall

28  annually elect a chair and a vice chair. There shall be no

29  limitation on successive appointments to the board or

30  successive terms that may be served by a chair or vice chair.

31  The board shall adopt internal organizational procedures or


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  bylaws necessary for efficient operation as provided in

  2  chapter 120. Board members shall not receive per diem or

  3  travel expenses for the performance of their duties.  The

  4  board shall:

  5         a.  Meet at least quarterly.

  6         b.  Monitor the operations of the school and the

  7  distribution of moneys allocated for such operations.

  8         c.  Establish necessary policy, program, and

  9  administration modifications.

10         d.  Evaluate biennially the performance of the director

11  and principal and recommend corresponding action to the dean

12  of the college of education.

13         e.  Annually review evaluations of the school's

14  operation and research findings.

15         (b)  One advisory body.--Each developmental research

16  school may establish an advisory body responsible for the

17  development and implementation of the school improvement plan,

18  pursuant to s. 230.23(16), in addition to general oversight

19  and guidance responsibilities. The advisory body shall reflect

20  the membership composition requirements established in s.

21  229.58, but may also include membership by the dean of the

22  college of education and additional members appointed by the

23  president of the university that represent faculty members

24  from the college of education, the university, or other bodies

25  deemed appropriate for the mission of the school.

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

27  practices and facilitate the mission of the developmental

28  research schools, in addition to the exceptions to law

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

30  permitted for developmental research schools:

31


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         (a)  The methods and requirements of the following

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

  3  230.03; 230.04; 230.05; 230.061; 230.08; 230.10; 230.105;

  4  230.11; 230.12; 230.15; 230.16; 230.17; 230.173; 230.18;

  5  230.19; 230.201; 230.202; 230.21; 230.22; 230.2215; 230.2318;

  6  230.232; 230.24; 230.241; 230.26; 230.28; 230.30; 230.303;

  7  230.31; 230.32; 230.321; 230.33; 230.35; 230.39; 230.63;

  8  230.64; 230.643; 234.01; 234.021; 234.112; 236.25; 236.261;

  9  236.29; 236.31; 236.32; 236.35; 236.36; 236.37; 236.38;

10  236.39; 236.40; 236.41; 236.42; 236.43; 236.44; 236.45;

11  236.46; 236.47; 236.48; 236.49; 236.50; 236.51; 236.52;

12  236.55; 236.56; 237.051; 237.071; 237.091; 237.201; 237.40;

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

14  230.23, s. 230.23 shall be held in abeyance. Reference to

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

16  university or the president's designee.

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

18  waived for any developmental research school so requesting,

19  provided the general statutory purpose of each section is met

20  and the developmental research school has submitted a written

21  request to the Joint Developmental Research School Planning,

22  Articulation, and Evaluation Committee for approval pursuant

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

24  233.34; 237.01; 237.02; 237.031; 237.041; 237.061; 237.081;

25  237.111; 237.121; 237.131; 237.141; 237.151; 237.161; 237.162;

26  237.171; 237.181; 237.211; and 237.34. Notwithstanding

27  reference to the responsibilities of the superintendent or

28  school board in chapter 237, developmental research schools

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

30  least, adhere to the general state agency accounting

31  procedures established in s. 11.46.


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         1.  Two or more developmental research schools may

  2  jointly originate a request for waiver and submit the request

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

  4  advisory council of each developmental research school

  5  desiring the waiver.

  6         2.  A developmental research school may submit a

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

  8  presented by a school advisory council established pursuant to

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

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

11  request is made using forms established pursuant to s.

12  229.592(6). The Joint Developmental Research School Planning,

13  Articulation, and Evaluation Committee shall monitor the

14  waiver activities of all developmental research schools and

15  shall report annually to the department and the Florida

16  Commission on Education Reform and Accountability, in

17  conjunction with the feedback report required pursuant to s.

18  229.592(3), the number of waivers requested and submitted to

19  the committee by developmental research schools, and the

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

21  request not approved, the committee shall report the statute

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

23  the developmental research school request, and the reason the

24  request was not approved.

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

26  shall indicate at least how the general statutory purpose will

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

28  improving student outcomes related to the student performance

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

30  improvement will be evaluated and reported. In considering any

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


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                            CS/HBs 751, 753 & 755, Third Engrossed



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

  2  protection of the public interest.

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

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

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

  6  not issued. Notwithstanding the request provisions of s.

  7  229.592(6), developmental research schools shall request all

  8  waivers through the Joint Developmental Research School

  9  Planning, Articulation, and Evaluation Committee, as

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

11  disapprove said requests pursuant to this subsection and s.

12  229.592(6); however, the Commissioner of Education shall have

13  standing to challenge any decision of the committee should it

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

15  of the students or public interest. The department shall

16  immediately notify the committee and developmental research

17  school of the decision and provide a rationale therefor.

18         Section 18.  Paragraph (e) of subsection (2) of section

19  228.054, Florida Statutes, is amended to read:

20         228.054  Joint Developmental Research School Planning,

21  Articulation, and Evaluation Committee.--

22         (2)  The committee shall have the duty and

23  responsibility to:

24         (e)  Provide assistance to schools in the waiver

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

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

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

28  the Legislature additional barriers and statutes that hinder

29  the implementation of s. 228.053.

30         Section 19.  Subsection (3) of section 233.17, Florida

31  Statutes, is amended to read:


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         233.17  Term of adoption for instructional materials.--

  2         (3)  The department shall publish annually an official

  3  schedule of subject areas to be called for adoption for each

  4  of the succeeding 2 years, and a tentative schedule for years

  5  3, 4, 5, and 6. If extenuating circumstances warrant, the

  6  Commissioner of Education may order the department to add one

  7  or more subject areas to the official schedule, in which event

  8  the commissioner shall develop criteria for such additional

  9  subject area or areas pursuant to s. 229.512(18)(15) and make

10  them available to publishers as soon as practicable.

11  Notwithstanding the provisions of s. 229.512(18)(15), the

12  criteria for such additional subject area or areas may be

13  provided to publishers less than 24 months before the date on

14  which bids are due. The schedule shall be developed so as to

15  promote balance among the subject areas so that the required

16  expenditure for new instructional materials is approximately

17  the same each year in order to maintain curricular

18  consistency.

19         Section 20.  Subsection (6) of section 236.685, Florida

20  Statutes, is amended to read:

21         236.685  Educational funding accountability.--

22         (6)  The annual school public accountability report

23  required by ss. 229.592(5) and 230.23(16)(18) must include a

24  school financial report. The purpose of the school financial

25  report is to better inform parents and the public concerning

26  how revenues were spent to operate the school during the prior

27  fiscal year. Each school's financial report must follow a

28  uniform, districtwide format that is easy to read and

29  understand.

30         (a)  Total revenue must be reported at the school,

31  district, and state levels. The revenue sources that must be


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  addressed are state and local funds, other than lottery funds;

  2  lottery funds; federal funds; and private donations.

  3         (b)  Expenditures must be reported as the total

  4  expenditures per unweighted full-time equivalent student at

  5  the school level and the average expenditures per full-time

  6  equivalent student at the district and state levels in each of

  7  the following categories and subcategories:

  8         1.  Teachers, excluding substitute teachers, and

  9  teacher aides who provide direct classroom instruction to

10  students enrolled in programs classified by s. 236.081 as:

11         a.  Basic programs;

12         b.  Students-at-risk programs;

13         c.  Special programs for exceptional students;

14         d.  Career education programs; and

15         e.  Adult programs.

16         2.  Substitute teachers.

17         3.  Other instructional personnel, including

18  school-based instructional specialists and their assistants.

19         4.  Contracted instructional services, including

20  training for instructional staff and other contracted

21  instructional services.

22         5.  School administration, including school-based

23  administrative personnel and school-based education support

24  personnel.

25         6.  The following materials, supplies, and operating

26  capital outlay:

27         a.  Textbooks;

28         b.  Computer hardware and software;

29         c.  Other instructional materials;

30         d.  Other materials and supplies; and

31         e.  Library media materials.


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         7.  Food services.

  2         8.  Other support services.

  3         9.  Operation and maintenance of the school plant.

  4         (c)  The school financial report must also identify the

  5  types of district-level expenditures that support the school's

  6  operations. The total amount of these district-level

  7  expenditures must be reported and expressed as total

  8  expenditures per full-time equivalent student.

  9

10  As used in this subsection, the term "school" means a "school

11  center" as defined by s. 228.041.

12         Section 21.  Subsection (6) of section 20.15, Florida

13  Statutes, 1998 Supplement, is amended to read:

14         20.15  Department of Education.--There is created a

15  Department of Education.

16         (6)  COUNCILS AND COMMITTEES.--Notwithstanding anything

17  contained in law to the contrary, the Commissioner of

18  Education shall appoint all members of all councils and

19  committees of the Department of Education, except the Board of

20  Regents, the State Board of Community Colleges, the community

21  college district boards of trustees, the Postsecondary

22  Education Planning Commission, the Education Practices

23  Commission, the Education Standards Commission, the State

24  Board of Independent Colleges and Universities, the Florida

25  Commission on Education Reform and Accountability, and the

26  State Board of Nonpublic Career Education.

27         Section 22.  Effective July 1, 1999, section 236.08104,

28  Florida Statutes, is created to read:

29         236.08104  Supplemental academic instruction;

30  categorical fund.--

31


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         (1)  There is created a categorical fund to provide

  2  supplemental academic instruction to students in kindergarten

  3  through grade 12.  This section may be cited as the

  4  "Supplemental Academic Instruction Categorical Fund."

  5         (2)  Categorical funds for supplemental academic

  6  instruction shall be allocated annually to each school

  7  district in the amount provided in the General Appropriations

  8  Act.  These funds shall be in addition to the funds

  9  appropriated on the basis of full-time equivalent student

10  (FTE) membership in the Florida Education Finance Program and

11  shall be included in the total potential funds of each

12  district.  These funds shall be used only to provide

13  supplemental academic instruction to students enrolled in the

14  K-12 program.  Supplemental instruction strategies may

15  include, but are not limited to:  modified curriculum, reading

16  instruction, after-school instruction, tutoring, mentoring,

17  class size reduction, extended school year, intensive skills

18  development in summer school, and other methods for improving

19  student achievement. Supplemental instruction may be provided

20  to a student in any manner and at any time during or beyond

21  the regular 180-day term identified by the school as being the

22  most effective and efficient way to best help that student

23  progress from grade to grade and to graduate.

24         (3)  Effective with the 1999-2000 fiscal year, funding

25  on the basis of FTE membership beyond the 180-day regular term

26  shall be provided in the FEFP only for students enrolled in

27  juvenile justice education programs.  Funding for instruction

28  beyond the regular 180-day school year for all other K-12

29  students shall be provided through the supplemental academic

30  instruction categorical fund and other state, federal, and

31  local fund sources with ample flexibility for schools to


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  provide supplemental instruction to assist students in

  2  progressing from grade to grade and graduating.

  3         (4)  The Florida State University School, as a

  4  developmental research school, is authorized to expend from

  5  its FEFP or Lottery Enhancement Trust Fund allocation the cost

  6  to the student of remediation in reading, writing, or

  7  mathematics for any graduate who requires remediation at a

  8  postsecondary institution.

  9         (5)  Beginning in the 1999-2000 school year, dropout

10  prevention programs as defined in ss. 230.2316(3)(a), (b), and

11  (c), 230.23161, and 230.23166 shall be included in Group 1

12  programs under s. 236.081(1)(d)3.

13         (6)  Each school district receiving funds from the

14  Supplemental Academic Instruction Categorical Fund shall

15  submit to the Department of Education a plan which identifies

16  the students to be served and the scope of supplemental

17  academic instruction to be provided.  Districts shall also

18  submit information through the department's database

19  documenting the district's progress in the areas of academic

20  improvement, graduation rate, dropout rate, attendance rate,

21  and retention/promotion rate. The department shall compile

22  this information into an annual report which shall be

23  submitted to the presiding officers of the Legislature by

24  February 15.

25         Section 23.  Effective July 1, 1999, paragraph (c) of

26  subsection (2) of section 236.013, Florida Statutes, is

27  amended to read:

28         236.013  Definitions.--Notwithstanding the provisions

29  of s. 228.041, the following terms are defined as follows for

30  the purposes of this act:

31


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         (2)  A "full-time equivalent student" in each program

  2  of the district is defined in terms of full-time students and

  3  part-time students as follows:

  4         (c)1.  A "full-time equivalent student" is:

  5         a.  A full-time student in any one of the programs

  6  listed in s. 236.081(1)(c); or

  7         b.  A combination of full-time or part-time students in

  8  any one of the programs listed in s. 236.081(1)(c) which is

  9  the equivalent of one full-time student based on the following

10  calculations:

11         (I)  A full-time student, except a postsecondary or

12  adult student or a senior high school student enrolled in

13  adult education when such courses are required for high school

14  graduation, in a combination of programs listed in s.

15  236.081(1)(c) shall be a fraction of a full-time equivalent

16  membership in each special program equal to the number of net

17  hours per school year for which he or she is a member, divided

18  by the appropriate number of hours set forth in subparagraph

19  (a)1. or subparagraph (a)2.; the difference between that

20  fraction or sum of fractions and the maximum value as set

21  forth in subsection (5) for each full-time student is presumed

22  to be the balance of the student's time not spent in such

23  special education programs and shall be recorded as time in

24  the appropriate basic program.

25         (II)  A student in the basic half-day kindergarten

26  program of not less than 450 net hours shall earn one-half of

27  a full-time equivalent membership.

28         (III)  A half-day kindergarten student in a combination

29  of programs listed in s. 236.081(1)(c) is a fraction of a

30  full-time equivalent membership in each special program equal

31  to the number of net hours or major portion thereof per school


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  year for which he or she is a member divided by the number of

  2  hours set forth in sub-sub-subparagraph (II); the difference

  3  between that fraction and the number of hours set forth in

  4  sub-sub-subparagraph (II) for each full-time student in

  5  membership in a half-day kindergarten program is presumed to

  6  be the balance of the student's time not spent in such special

  7  education programs and shall be recorded as time in the

  8  appropriate basic program.

  9         (IV)  A part-time student, except a postsecondary or

10  adult student, is a fraction of a full-time equivalent

11  membership in each basic and special program equal to the

12  number of net hours or major fraction thereof per school year

13  for which he or she is a member, divided by the appropriate

14  number of hours set forth in subparagraph (a)1. or

15  subparagraph (a)2.

16         (V)  A postsecondary or adult student or a senior high

17  school student enrolled in adult education when such courses

18  are required for high school graduation is a portion of a

19  full-time equivalent membership in each special program equal

20  to the net hours or major fraction thereof per fiscal year for

21  which he or she is a member, divided by the appropriate number

22  of hours set forth in subparagraph (a)1. or subparagraph (a)2.

23         (VI)  A full-time student who is part of a program

24  authorized by subparagraph (a)3. in a combination of programs

25  listed in s. 236.081(1)(c) is a fraction of a full-time

26  equivalent membership in each regular or special program equal

27  to the number of net hours per school year for which he or she

28  is a member, divided by the appropriate number of hours set

29  forth in subparagraph (a)1. or subparagraph (a)2.

30         (II)(VII)  A prekindergarten handicapped student shall

31  meet the requirements specified for kindergarten students.


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         2.  A student in membership in a program scheduled for

  2  more or less than 180 school days is a fraction of a full-time

  3  equivalent membership equal to the number of instructional

  4  hours in membership divided by the appropriate number of hours

  5  set forth in subparagraph (a)1.; however, for the purposes of

  6  this subparagraph, membership in programs scheduled for more

  7  than 180 days is limited to students enrolled in juvenile

  8  justice education programs:

  9         a.  Special programs for exceptional students;

10         b.  Special vocational-technical programs;

11         c.  Special adult general education programs;

12         d.  Dropout prevention programs as defined in s.

13  230.2316 for students in residential programs operated by the

14  Department of Children and Family Services; programs operated

15  by the Department of Juvenile Justice as defined in s.

16  230.23161 in which students receive educational services; or

17  teenage parent programs as defined in s. 230.23166 for

18  students who are in need of such additional instruction;

19         e.  Dropout prevention programs as defined in s.

20  230.2316 in which students are placed for academic or

21  disciplinary purposes or programs in English for speakers of

22  other languages as defined in s. 233.058 for students who were

23  in membership for all of the last 15 days of the 180-day term

24  or a total of 30 days within the 180-day term and are in need

25  of such additional instruction;

26         f.  Other basic programs offered for promotion or

27  credit instruction as defined by rules of the state board; and

28         g.  Programs which modify the school year to

29  accommodate the needs of children who have moved with their

30  parents for the purpose of engaging in the farm labor or fish

31


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  industries, provided such programs are approved by the

  2  commissioner.

  3

  4  The department shall determine and implement an equitable

  5  method of equivalent funding for experimental schools and for

  6  schools operating under emergency conditions, which schools

  7  have been approved by the department under the provisions of

  8  s. 228.041(13) to operate for less than the minimum school

  9  day.

10         Section 24.  Subsection (7) of section 239.101, Florida

11  Statutes, is amended to read:

12         239.101  Legislative intent.--

13         (7)  The Legislature finds that career education is a

14  crucial component of the educational programs conducted within

15  school districts and community colleges. Accordingly, career

16  education must be represented in accountability processes

17  undertaken for educational institutions. It is the intent of

18  the Legislature that the vocational standards articulated in

19  s. 239.229(2) be considered in the development of

20  accountability measures for public schools pursuant to ss.

21  229.591, 229.592, 229.593, 229.594, and 230.23(16) and for

22  community colleges pursuant to s. 240.324.

23         Section 25.  Subsection (1) of section 239.229, Florida

24  Statutes, 1998 Supplement, is amended to read:

25         239.229  Vocational standards.--

26         (1)  The purpose of career education is to enable

27  students who complete vocational programs to attain and

28  sustain employment and realize economic self-sufficiency.  The

29  purpose of this section is to identify issues related to

30  career education for which school boards and community college

31  boards of trustees are accountable. It is the intent of the


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  Legislature that the standards articulated in subsection (2)

  2  be considered in the development of accountability standards

  3  for public schools pursuant to ss. 229.591, 229.592, 229.593,

  4  229.594, and 230.23(16) and for community colleges pursuant to

  5  s. 240.324.

  6         Section 26.  Paragraphs (b), (c), and (d) of subsection

  7  (5) of section 24.121, Florida Statutes, 1998 Supplement, are

  8  reenacted and amended to read:

  9         24.121  Allocation of revenues and expenditure of funds

10  for public education.--

11         (5)

12         (b)  Except as provided in paragraphs (c), (d), and

13  (e), the Legislature shall equitably apportion moneys in the

14  trust fund among public schools, community colleges, and

15  universities.

16         (c)  A portion of such net revenues, as determined

17  annually by the Legislature, shall be distributed to each

18  school district and shall be made available to each public

19  school in the district for enhancing school performance

20  through development and implementation of a school improvement

21  plan pursuant to s. 230.23(16). A portion of these moneys, as

22  determined annually in the General Appropriations Act, must be

23  allocated to each school in an equal amount for each student

24  enrolled.  These moneys may be expended only on programs or

25  projects selected by the school advisory council or by a

26  parent advisory committee created pursuant to this paragraph.

27  If a school does not have a school advisory council, the

28  district advisory council must appoint a parent advisory

29  committee composed of parents of students enrolled in that

30  school, which committee is representative of the ethnic,

31  racial, and economic community served by the school, to advise


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  the school's principal on the programs or projects to be

  2  funded.  A principal may not override the recommendations of

  3  the school advisory council or the parent advisory committee.

  4  These moneys may not be used for capital improvements, nor may

  5  they be used for any project or program that has a duration of

  6  more than 1 year; however, a school advisory council or parent

  7  advisory committee may independently determine that a program

  8  or project formerly funded under this paragraph should receive

  9  funds in a subsequent year.

10         (d)  No funds shall be released for any purpose from

11  the Educational Enhancement Trust Fund to any school district

12  in which one or more schools do not have an approved school

13  improvement plan pursuant to s. 230.23(16) or do not comply

14  with school advisory council membership composition

15  requirements pursuant to s. 229.58(1). Effective July 1, 2002,

16  the Commissioner of Education shall withhold disbursements

17  from the trust fund to any school district that fails to adopt

18  the performance-based salary schedule required by s.

19  230.23(5).

20         Section 27.  Paragraphs (b), (c), and (d) of subsection

21  (6) of section 228.0565, Florida Statutes, 1998 Supplement,

22  are amended to read:

23         228.0565  Deregulated public schools.--

24         (6)  ELEMENTS OF THE PROPOSAL.--The major issues

25  involving the operation of a deregulated public school shall

26  be considered in advance and written into the proposal.

27         (b)  The school shall make annual progress reports to

28  the district, which upon verification shall be forwarded to

29  the Commissioner of Education at the same time as other annual

30  school accountability reports.  The report shall contain at

31  least the following information:


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         1.  The school's progress towards achieving the goals

  2  outlined in its proposal.

  3         2.  The information required in the annual school

  4  report pursuant to s. 229.592.

  5         3.  Financial records of the school, including revenues

  6  and expenditures.

  7         4.  Salary and benefit levels of school employees.

  8         (c)  A school district shall ensure that the proposal

  9  is innovative and consistent with the state education goals

10  established by s. 229.591.

11         (d)  Upon receipt of the annual report required by

12  paragraph (b), the Department of Education shall provide to

13  the State Board of Education, the Commissioner of Education,

14  the President of the Senate, and the Speaker of the House of

15  Representatives with a copy of each report and an analysis and

16  comparison of the overall performance of students, to include

17  all students in deregulated public schools whose scores are

18  counted as part of the statewide norm-referenced assessment

19  tests, versus comparable public school students in the

20  district as determined by FCAT and district norm-referenced

21  assessment tests currently administered in the school

22  district, and, as appropriate, the Florida Writes Assessment

23  Test, the High School Competency Test, and other assessments

24  administered pursuant to s. 229.57(3).

25         Section 28.  For the purpose of incorporating the

26  amendments made by this act to section 229.57, Florida

27  Statutes, 1998 Supplement, and 232.245, Florida Statutes, in

28  references thereto, paragraph (b) of subsection (1) of section

29  120.81, Florida Statutes, is reenacted to read:

30         120.81  Exceptions and special requirements; general

31  areas.--


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         (1)  EDUCATIONAL UNITS.--

  2         (b)  Notwithstanding s. 120.52(15), any tests, test

  3  scoring criteria, or testing procedures relating to student

  4  assessment which are developed or administered by the

  5  Department of Education pursuant to s. 229.57, s. 232.245, s.

  6  232.246, or s. 232.247, or any other statewide educational

  7  tests required by law, are not rules.

  8         Section 29.  For the purpose of incorporating the

  9  amendments made by this act to section 229.57, Florida

10  Statutes, 1998 Supplement, in references thereto, subsection

11  (1) of section 228.301, Florida Statutes, is reenacted to

12  read:

13         228.301  Test security.--

14         (1)  It is unlawful for anyone knowingly and willfully

15  to violate test security rules adopted by the State Board of

16  Education or the Commissioner of Education for mandatory tests

17  administered by or through the State Board of Education or the

18  Commissioner of Education to students, educators, or

19  applicants for certification or administered by school

20  districts pursuant to s. 229.57, or, with respect to any such

21  test, knowingly and willfully to:

22         (a)  Give examinees access to test questions prior to

23  testing;

24         (b)  Copy, reproduce, or use in any manner inconsistent

25  with test security rules all or any portion of any secure test

26  booklet;

27         (c)  Coach examinees during testing or alter or

28  interfere with examinees' responses in any way;

29         (d)  Make answer keys available to examinees;

30

31


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         (e)  Fail to follow security rules for distribution and

  2  return of secure test as directed, or fail to account for all

  3  secure test materials before, during, and after testing;

  4         (f)  Fail to follow test administration directions

  5  specified in the test administration manuals; or

  6         (g)  Participate in, direct, aid, counsel, assist in,

  7  or encourage any of the acts prohibited in this section.

  8         Section 30.  For the purpose of incorporating the

  9  amendments made by this act to sections 229.555, 229.565, and

10  229.57, Florida Statutes, in references thereto, subsections

11  (1) and (3) of section 229.551, Florida Statutes, 1998

12  Supplement, are reenacted to read:

13         229.551  Educational management.--

14         (1)  The department is directed to identify all

15  functions which under the provisions of this act contribute

16  to, or comprise a part of, the state system of educational

17  accountability and to establish within the department the

18  necessary organizational structure, policies, and procedures

19  for effectively coordinating such functions.  Such policies

20  and procedures shall clearly fix and delineate

21  responsibilities for various aspects of the system and for

22  overall coordination of the total system.  The commissioner

23  shall perform the following duties and functions:

24         (a)  Coordination of department plans for meeting

25  educational needs and for improving the quality of education

26  provided by the state system of public education;

27         (b)  Coordination of management information system

28  development for all levels of education and for all divisions

29  of the department, to include the development and utilization

30  of cooperative education computing networks for the state

31  system of public education;


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         (c)  Development of database definitions and all other

  2  items necessary for full implementation of a comprehensive

  3  management information system as required by s. 229.555;

  4         (d)  Coordination of all planning functions for all

  5  levels and divisions within the department;

  6         (e)  Coordination of all cost accounting and cost

  7  reporting activities for all levels of education, including

  8  public schools, vocational programs, community colleges, and

  9  institutions in the State University System;

10         (f)  Development and coordination of a common course

11  designation and numbering system for postsecondary education

12  in school districts, community colleges, participating

13  nonpublic postsecondary education institutions, and the State

14  University System which will improve program planning,

15  increase communication among all postsecondary delivery

16  systems, and facilitate the transfer of students.  The system

17  shall not encourage or require course content prescription or

18  standardization or uniform course testing, and the continuing

19  maintenance of the system shall be accomplished by appropriate

20  faculty committees representing public and participating

21  nonpublic institutions. The Articulation Coordinating

22  Committee, whose membership represents public and nonpublic

23  postsecondary institutions, shall:

24         1.  Identify the highest demand degree programs within

25  the State University System.

26         2.  Conduct a study of courses offered by universities

27  and accepted for credit toward a degree.  The study shall

28  identify courses designated as either general education or

29  required as a prerequisite for a degree.  The study shall also

30  identify these courses as upper-division level or

31  lower-division level.


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         3.  Appoint faculty committees representing both

  2  community college and university faculties to recommend a

  3  single level for each course included in the common course

  4  numbering and designation system.  Any course designated as an

  5  upper-division level course must be characterized by a need

  6  for advanced academic preparation and skills that a student

  7  would be unlikely to achieve without significant prior

  8  coursework. A course that is offered as part of an associate

  9  in science degree program and as an upper-division course for

10  a baccalaureate degree shall be designated for both the lower

11  and upper division. Of the courses required for each

12  baccalaureate degree, at least half of the credit hours

13  required for the degree shall be achievable through courses

14  designated as lower-division courses, except in degree

15  programs approved by the Board of Regents pursuant to s.

16  240.209(5)(e).  A course designated as lower-division may be

17  offered by any community college. The Articulation

18  Coordinating Committee shall recommend to the State Board of

19  Education the levels for the courses.  The common course

20  numbering and designation system shall include the courses at

21  the recommended levels, and, by fall semester of 1996, the

22  registration process at each state university and community

23  college shall include the courses at their designated levels

24  and common course numbers.

25         4.  Appoint faculty committees representing both

26  community college and university faculties to recommend those

27  courses identified to meet general education requirements

28  within the subject areas of communication, mathematics, social

29  sciences, humanities, and natural sciences.  The Articulation

30  Coordinating Committee shall recommend to the State Board of

31  Education those courses identified to meet these general


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  education requirements by their common course code number. All

  2  community colleges and state universities shall accept these

  3  general education courses.

  4         5.  Appoint faculty committees representing both

  5  community colleges and universities to recommend common

  6  prerequisite courses and identify course substitutions when

  7  common prerequisites cannot be established for degree programs

  8  across all institutions. Faculty work groups shall adopt a

  9  strategy for addressing significant differences in

10  prerequisites, including course substitutions.  The Board of

11  Regents shall be notified by the Articulation Coordinating

12  Committee when significant differences remain.  Common degree

13  program prerequisites shall be offered and accepted by all

14  state universities and community colleges, except in cases

15  approved by the Board of Regents pursuant to s. 240.209(5)(f).

16  The Board of Regents shall work with the State Board of

17  Community Colleges on the development of a centralized

18  database containing the list of courses and course

19  substitutions that meet the prerequisite requirements for each

20  baccalaureate degree program;

21         (g)  Expansion and ongoing maintenance of the common

22  course designation and numbering system to include the

23  numbering and designation of postsecondary vocational courses

24  and facilitate the transfer of credits between public schools,

25  community colleges, and state universities.  The Articulation

26  Coordinating Committee shall:

27         1.  Adopt guidelines for the participation of public

28  school districts and community colleges in offering courses

29  that may be transferred to a certificate, diploma, or degree

30  program.  These guidelines shall establish standards

31  addressing faculty qualifications, admissions, program


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  curricula, participation in the common course designation and

  2  numbering system, and other issues identified by the Task

  3  Force on Workforce Development and the Commissioner of

  4  Education.  Guidelines should also address the role of

  5  accreditation in the designation of courses as transferable

  6  credit. Such guidelines must not jeopardize the accreditation

  7  status of educational institutions and must be based on data

  8  related to the history of credit transfer among institutions

  9  in this state and others.

10         2.  Identify postsecondary vocational programs offered

11  by community colleges and public school districts.  The list

12  shall also identify vocational courses designated as college

13  credit courses applicable toward a vocational diploma or

14  degree.  Such courses must be identified within the common

15  course numbering and designation system.

16         3.  Appoint faculty committees representing both

17  community college and public school faculties to recommend a

18  standard program length and appropriate occupational

19  completion points for each postsecondary vocational

20  certificate program, diploma, and degree; and

21         (h)  Development of common definitions necessary for

22  managing a uniform coordinated system of career education for

23  all levels of the state system of public education.

24         (3)  As a part of the system of educational

25  accountability, the department shall:

26         (a)  Develop minimum performance standards for various

27  grades and subject areas, as required in ss. 229.565 and

28  229.57.

29         (b)  Administer the statewide assessment testing

30  program created by s. 229.57.

31


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         (c)  Develop and administer an educational evaluation

  2  program, including the provisions of the Plan for Educational

  3  Assessment developed pursuant to s. 9, chapter 70-399, Laws of

  4  Florida, and adopted by the State Board of Education.

  5         (d)  Review the school advisory councils of each

  6  district as required by s. 229.58.

  7         (e)  Conduct the program evaluations required by s.

  8  229.565.

  9         (f)  Maintain a listing of college-level communication

10  and computation skills defined by the Articulation

11  Coordinating Committee as being associated with successful

12  student performance through the baccalaureate level and submit

13  the same to the State Board of Education for approval.

14         (g)  Maintain a listing of tests and other assessment

15  procedures which measure and diagnose student achievement of

16  college-level communication and computation skills and submit

17  the same to the State Board of Education for approval.

18         (h)  Maintain for the information of the State Board of

19  Education and the Legislature a file of data compiled by the

20  Articulation Coordinating Committee to reflect achievement of

21  college-level communication and computation competencies by

22  students in state universities and community colleges.

23         (i)  Develop or contract for, and submit to the State

24  Board of Education for approval, tests which measure and

25  diagnose student achievement of college-level communication

26  and computation skills.  Any tests and related documents

27  developed are exempt from the provisions of s. 119.07(1).  The

28  commissioner shall maintain statewide responsibility for the

29  administration of such tests and may assign administrative

30  responsibilities for the tests to any public university or

31  community college.  The state board, upon recommendation of


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  the commissioner, is authorized to enter into contracts for

  2  such services beginning in one fiscal year and continuing into

  3  the next year which are paid from the appropriation for either

  4  or both fiscal years.

  5         (j)  Perform any other functions that may be involved

  6  in educational planning, research, and evaluation or that may

  7  be required by the commissioner, the State Board of Education,

  8  or law.

  9         Section 31.  For the purpose of incorporating the

10  amendments made by this act to section 230.23, Florida

11  Statutes, 1998 Supplement, in references thereto, subsection

12  (4) of section 230.03, Florida Statutes, is reenacted to read:

13         230.03  Management, control, operation, administration,

14  and supervision.--The district school system must be managed,

15  controlled, operated, administered, and supervised as follows:

16         (4)  PRINCIPAL OR HEAD OF SCHOOL.--Responsibility for

17  the administration of any school or schools at a given school

18  center, for the supervision of instruction therein, and for

19  providing leadership in the development or revision and

20  implementation of a school improvement plan required pursuant

21  to s. 230.23(16) shall be delegated to the principal or head

22  of the school or schools as hereinafter set forth and in

23  accordance with rules established by the school board.

24         Section 32.  For the purpose of incorporating the

25  amendments made by this act to sections 229.591 and 229.592,

26  Florida Statutes, 1998 Supplement, in references thereto,

27  paragraph (a) of subsection (3) of section 231.24, Florida

28  Statutes, 1998 Supplement, is reenacted to read:

29         231.24  Process for renewal of professional

30  certificates.--

31


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         (3)  For the renewal of a professional certificate, the

  2  following requirements must be met:

  3         (a)  The applicant must earn a minimum of 6 college

  4  credits or 120 inservice points or a combination thereof. For

  5  each area of specialization to be retained on a certificate,

  6  the applicant must earn at least 3 of the required credit

  7  hours or equivalent inservice points in the specialization

  8  area. Education in "clinical educator" training pursuant to s.

  9  240.529(5)(b) and credits or points that provide training in

10  the area of exceptional student education, normal child

11  development, and the disorders of development may be applied

12  toward any specialization area. Credits or points that provide

13  training in the areas of drug abuse, child abuse and neglect,

14  strategies in teaching students having limited proficiency in

15  English, or dropout prevention, or training in areas

16  identified in the educational goals and performance standards

17  adopted pursuant to ss. 229.591(3) and 229.592 may be applied

18  toward any specialization area. Credits or points earned

19  through approved summer institutes may be applied toward the

20  fulfillment of these requirements. Inservice points may also

21  be earned by participation in professional growth components

22  approved by the State Board of Education and specified

23  pursuant to s. 236.0811 in the district's approved master plan

24  for inservice educational training, including, but not limited

25  to, serving as a trainer in an approved teacher training

26  activity, serving on an instructional materials committee or a

27  state board or commission that deals with educational issues,

28  or serving on an advisory council created pursuant to s.

29  229.58.

30         Section 33.  For the purpose of incorporating the

31  amendments made by this act to section 231.29, Florida


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  Statutes, 1998 Supplement, in references thereto, paragraphs

  2  (e) and (f) of subsection (3) of section 231.36, Florida

  3  Statutes, are reenacted to read:

  4         231.36  Contracts with instructional staff,

  5  supervisors, and principals.--

  6         (3)

  7         (e)  A professional service contract shall be renewed

  8  each year unless the superintendent, after receiving the

  9  recommendations required by s. 231.29, charges the employee

10  with unsatisfactory performance and notifies the employee of

11  performance deficiencies as required by s. 231.29. An employee

12  who holds a professional service contract on July 1, 1997, is

13  subject to the procedures set forth in paragraph (f) during

14  the term of the existing professional service contract. The

15  employee is subject to the procedures set forth in s.

16  231.29(3)(d) upon the next renewal of the professional service

17  contract; however, if the employee is notified of performance

18  deficiencies before the next contract renewal date, the

19  procedures of s. 231.29(3)(d) do not apply until the

20  procedures set forth in paragraph (f) have been exhausted and

21  the professional service contract is subsequently renewed.

22         (f)  The superintendent shall notify an employee who

23  holds a professional service contract on July 1, 1997, in

24  writing, no later than 6 weeks prior to the end of the

25  postschool conference period, of performance deficiencies

26  which may result in termination of employment, if not

27  corrected during the subsequent year of employment (which

28  shall be granted for an additional year in accordance with the

29  provisions in subsection (1)). Except as otherwise hereinafter

30  provided, this action shall not be subject to the provisions

31  of chapter 120, but the following procedures shall apply:


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         1.  On receiving notice of unsatisfactory performance,

  2  the employee, on request, shall be accorded an opportunity to

  3  meet with the superintendent or the superintendent's designee

  4  for an informal review of the determination of unsatisfactory

  5  performance.

  6         2.  An employee notified of unsatisfactory performance

  7  may request an opportunity to be considered for a transfer to

  8  another appropriate position, with a different supervising

  9  administrator, for the subsequent year of employment.

10         3.  During the subsequent year, the employee shall be

11  provided assistance and inservice training opportunities to

12  help correct the noted performance deficiencies.  The employee

13  shall also be evaluated periodically so that he or she will be

14  kept apprised of progress achieved.

15         4.  Not later than 6 weeks prior to the close of the

16  postschool conference period of the subsequent year, the

17  superintendent, after receiving and reviewing the

18  recommendation required by s. 231.29, shall notify the

19  employee, in writing, whether the performance deficiencies

20  have been corrected.  If so, a new professional service

21  contract shall be issued to the employee.  If the performance

22  deficiencies have not been corrected, the superintendent may

23  notify the school board and the employee, in writing, that the

24  employee shall not be issued a new professional service

25  contract; however, if the recommendation of the superintendent

26  is not to issue a new professional service contract, and if

27  the employee wishes to contest such recommendation, the

28  employee will have 15 days from receipt of the

29  superintendent's recommendation to demand, in writing, a

30  hearing. In such hearing, the employee may raise as an issue,

31  among other things, the sufficiency of the superintendent's


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  charges of unsatisfactory performance.  Such hearing shall be

  2  conducted at the school board's election in accordance with

  3  one of the following procedures:

  4         a.  A direct hearing conducted by the school board

  5  within 60 days of receipt of the written appeal. The hearing

  6  shall be conducted in accordance with the provisions of ss.

  7  120.569 and 120.57. A majority vote of the membership of the

  8  school board shall be required to sustain the superintendent's

  9  recommendation.  The determination of the school board shall

10  be final as to the sufficiency or insufficiency of the grounds

11  for termination of employment; or

12         b.  A hearing conducted by an administrative law judge

13  assigned by the Division of Administrative Hearings of the

14  Department of Management Services. The hearing shall be

15  conducted within 60 days of receipt of the written appeal in

16  accordance with chapter 120. The recommendation of the

17  administrative law judge shall be made to the school board.  A

18  majority vote of the membership of the school board shall be

19  required to sustain or change the administrative law judge's

20  recommendation. The determination of the school board shall be

21  final as to the sufficiency or insufficiency of the grounds

22  for termination of employment.

23         Section 34.  For the purpose of incorporating the

24  amendments made by this act to section 232.245, Florida

25  Statutes, in references thereto, subsection (1) of section

26  232.2454, Florida Statutes, is reenacted to read:

27         232.2454  District student performance standards,

28  instruments, and assessment procedures.--

29         (1)  School districts are required to obtain or develop

30  and implement assessments of student achievement as necessary

31  to accurately measure student progress and to report this


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  progress to parents or legal guardians according to s.

  2  232.245. Each school district shall implement the assessment

  3  program pursuant to the procedures it adopts.

  4         Section 35.  For the purpose of incorporating the

  5  amendments made by this act to section 232.245, Florida

  6  Statutes, in references thereto, paragraphs (a) and (b) of

  7  subsection (5) of section 232.246, Florida Statutes, 1998

  8  Supplement, are reenacted and amended to read:

  9         232.246  General requirements for high school

10  graduation.--

11         (5)  Each district school board shall establish

12  standards for graduation from its schools, and these standards

13  must include:

14         (a)  Earning passing scores on the high school

15  competency test or FCAT, as defined in s. 229.57(3)(c).

16         (b)  Completion of all other applicable requirements

17  prescribed by the district school board pursuant to s.

18  232.245.

19         Section 36.  For the purpose of incorporating the

20  amendments made by this act to section 229.57, Florida

21  Statutes, 1998 Supplement, and 232.245, Florida Statutes, in

22  references thereto, section 232.248, Florida Statutes, is

23  reenacted to read:

24         232.248  Confidentiality of assessment

25  instruments.--All examination and assessment instruments,

26  including developmental materials and workpapers directly

27  related thereto, which are prepared, prescribed, or

28  administered pursuant to ss. 229.57, 232.245, 232.246, and

29  232.247 shall be confidential and exempt from the provisions

30  of s. 119.07(1) and from ss. 229.781 and 230.331.  Provisions

31  governing access, maintenance, and destruction of such


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  instruments and related materials shall be prescribed by rules

  2  of the state board.

  3         Section 37.  For the purpose of incorporating the

  4  amendments made by this act to section 232.245, Florida

  5  Statutes, in references thereto, subsection (1) of section

  6  232.2481, Florida Statutes, is reenacted to read:

  7         232.2481  Graduation and promotion requirements for

  8  publicly operated schools.--

  9         (1)  Each state or local public agency, including the

10  Department of Health and Rehabilitative Services, the

11  Department of Corrections, the Board of Regents, boards of

12  trustees of community colleges, and the Board of Trustees of

13  the Florida School for the Deaf and the Blind, which agency is

14  authorized to operate educational programs for students at any

15  level of grades kindergarten through 12 shall be subject to

16  all applicable requirements of ss. 232.245, 232.246, 232.247,

17  and 232.248.  Within the content of these cited statutes each

18  such state or local public agency shall be considered a

19  "district school board."

20         Section 38.  For the purpose of incorporating the

21  amendments made by this act to section 229.565, Florida

22  Statutes, in references thereto, subsection (4) of section

23  233.09, Florida Statutes, is reenacted to read:

24         233.09  Duties of each state instructional materials

25  committee.--The duties of each state instructional materials

26  committee shall be:

27         (4)  EVALUATION OF INSTRUCTIONAL MATERIALS.--To

28  evaluate carefully all instructional materials submitted, to

29  ascertain which instructional materials, if any, submitted for

30  consideration best implement the selection criteria developed

31  by the Commissioner of Education and those curricular


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  objectives included within applicable performance standards

  2  provided for in s. 229.565.

  3         (a)  When recommending instructional materials for use

  4  in the schools, each committee shall include only

  5  instructional materials that accurately portray the ethnic,

  6  socioeconomic, cultural, and racial diversity of our society,

  7  including men and women in professional, vocational, and

  8  executive roles, and the role and contributions of the

  9  entrepreneur and labor in the total development of this state

10  and the United States.

11         (b)  When recommending instructional materials for use

12  in the schools, each committee shall include only materials

13  which accurately portray, whenever appropriate, humankind's

14  place in ecological systems, including the necessity for the

15  protection of our environment and conservation of our natural

16  resources and the effects on the human system of the use of

17  tobacco, alcohol, controlled substances, and other dangerous

18  substances.

19         (c)  When recommending instructional materials for use

20  in the schools, each committee shall require such materials as

21  it deems necessary and proper to encourage thrift, fire

22  prevention, and humane treatment of people and animals.

23         (d)  When recommending instructional materials for use

24  in the schools, each committee shall require, when appropriate

25  to the comprehension of pupils, that materials for social

26  science, history, or civics classes contain the Declaration of

27  Independence and the Constitution of the United States.  No

28  instructional materials shall be recommended by any committee

29  for use in the schools which contain any matter reflecting

30  unfairly upon persons because of their race, color, creed,

31  national origin, ancestry, gender, or occupation.


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         (e)  All instructional materials recommended by each

  2  committee for use in the schools shall be, to the satisfaction

  3  of each committee, accurate, objective, and current and suited

  4  to the needs and comprehension of pupils at their respective

  5  grade levels. Instructional materials committees shall

  6  consider for adoption materials developed for academically

  7  talented students such as those enrolled in advanced placement

  8  courses.

  9         (f)  When recommending instructional materials for use

10  in the schools, each committee shall have the recommendations

11  of all districts which submit evaluations on the materials

12  submitted for adoption in that particular subject area

13  aggregated and presented to the members to aid them in the

14  selection process; however, such aggregation shall be weighted

15  in accordance with the full-time equivalent student percentage

16  of each district. Each committee shall prepare an additional

17  aggregation, unweighted, with each district recommendation

18  given equal consideration.  No instructional materials shall

19  be evaluated or recommended for adoption unless each of the

20  district committees shall have been loaned the specified

21  number of samples.

22         (g)  In addition to relying on statements of publishers

23  or manufacturers of instructional material, any committee may

24  conduct, or cause to be conducted, an independent

25  investigation as to the compliance of submitted materials with

26  the requirements of this section.

27         Section 39.  For the purpose of incorporating the

28  amendments made by this act to section 229.565, Florida

29  Statutes, in references thereto, paragraph (b) of subsection

30  (1) of section 233.165, Florida Statutes, is reenacted to

31  read:


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         233.165  Standards for selection.--

  2         (1)  In the selection of instructional materials,

  3  library books, and other reading material used in the public

  4  school system, the standards used to determine the propriety

  5  of the material shall include:

  6         (b)  The educational purpose to be served by the

  7  material. In considering instructional materials for classroom

  8  use, priority shall be given to the selection of materials

  9  which encompass the state and district performance standards

10  provided for in ss. 229.565 and 232.2454 and which include the

11  instructional objectives contained within the curriculum

12  frameworks approved by the State Board of Education, to the

13  extent that appropriate curriculum frameworks have been

14  approved by the board.

15         Section 40.  For the purpose of incorporating the

16  amendments made by this act to section 229.565, Florida

17  Statutes, in references thereto, paragraph (b) of subsection

18  (3) of section 233.25, Florida Statutes, is reenacted to read:

19         233.25  Duties, responsibilities, and requirements of

20  publishers and manufacturers of instructional

21  materials.--Publishers and manufacturers of instructional

22  materials, or their representatives, shall:

23         (3)  Submit, at a time designated in s. 233.14, the

24  following information:

25         (b)  Written proof that the publisher has provided

26  written correlations to appropriate curricular objectives

27  included within applicable performance standards provided for

28  in s. 229.565.

29         Section 41.  For the purpose of incorporating the

30  amendments made by this act to section 230.23, Florida

31  Statutes, 1998 Supplement, in references thereto, subsection


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  (3) of section 239.229, Florida Statutes, 1998 Supplement, is

  2  reenacted to read:

  3         239.229  Vocational standards.--

  4         (3)  Each area technical center operated by a school

  5  board shall establish a center advisory council pursuant to s.

  6  229.58.  The center advisory council shall assist in the

  7  preparation and evaluation of center improvement plans

  8  required pursuant to s. 230.23(16) and may provide assistance,

  9  upon the request of the center director, in the preparation of

10  the center's annual budget and plan as required by s.

11  229.555(1).

12         Section 42.  For the purpose of incorporating the

13  amendments made by this act to section 229.592, Florida

14  Statutes, 1998 Supplement, in references thereto, subsection

15  (4) of section 240.118, Florida Statutes, is reenacted to

16  read:

17         240.118  Postsecondary feedback of information to high

18  schools.--

19         (4)  As a part of the school improvement plan pursuant

20  to s. 229.592, the State Board of Education shall ensure that

21  each school district and high school develops strategies to

22  improve student readiness for the public postsecondary level

23  based on annual analysis of the feedback report data.

24         Section 43.  Subsections (29), (40), and (42) of

25  section 228.041, Florida Statutes, 1998 Supplement, are

26  amended to read:

27         228.041  Definitions.--Specific definitions shall be as

28  follows, and wherever such defined words or terms are used in

29  the Florida School Code, they shall be used as follows:

30

31


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         (29)  DROPOUT.--A dropout is a student not subject to

  2  compulsory school attendance, as defined in s. 232.01, who

  3  meets any one or more of the following criteria:

  4         (a)  The student has voluntarily removed himself or

  5  herself from the school system before graduation for reasons

  6  that include, but are not limited to, marriage, or the student

  7  has withdrawn from school because he or she has failed the

  8  statewide student assessment test and thereby does not receive

  9  any of the certificates of completion;

10         (b)  The student has not met the relevant attendance

11  requirements of the school district pursuant to State Board of

12  Education rules, or the student was expected to attend a

13  school but did not enter as expected for unknown reasons, or

14  the student's whereabouts are unknown;

15         (c)  The student has withdrawn from school, but has not

16  transferred to another public or private school or enrolled in

17  any vocational, adult, home education, or alternative

18  educational program;

19         (d)  The student has withdrawn from school due to

20  hardship, unless such withdrawal has been granted under the

21  provisions of s. 322.091, court action, expulsion, medical

22  reasons, or pregnancy; or

23         (e)  The student is not eligible to attend school

24  because of reaching the maximum age for an exceptional student

25  program in accordance with the district's policy.

26

27  Students not exempt from attendance pursuant to s. 232.06 and

28  who are subject to compulsory school attendance under s.

29  232.01 and who stop attending school are habitual truants as

30  defined in subsection (28) and are not considered dropouts.

31


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  The State Board of Education may adopt rules to implement the

  2  provisions of this subsection.

  3         (40)  GRADUATION RATE.--The term "graduation rate"

  4  means the percentage of students who graduate from high school

  5  within 4 years after entering 9th grade for the first time,

  6  not counting students who transfer out of the student

  7  population to enroll in another school system; students who

  8  withdraw to enroll in a private school, a home education

  9  program, or an adult education program; or deceased students.

10  Incoming transfer students, at the time of their enrollment,

11  are included in the count of the class with which they are

12  scheduled to graduate. For this rate calculation, students are

13  counted as graduates upon receiving a standard high school

14  diploma, as provided in s. 232.246, or a special diploma, as

15  provided in s. 232.247. Also counted as graduates are

16  calculated by dividing the number of entering 9th graders into

17  the number of students who receive, 4 years later, a high

18  school diploma, a special diploma, or a certificate of

19  completion, as provided for in s. 232.246, or who receive a

20  special certificate of completion, as provided in s. 232.247,

21  and students 19 years of age or younger who receive a general

22  equivalency diploma, as provided in s. 229.814. The number of

23  9th grade students used in the calculation of a graduation

24  rate for this state shall be students enrolling in the grade

25  for the first time. In conjunction with calculating the

26  graduation rate for this state, the Department of Education

27  shall conduct a study to evaluate the impact of the rate of

28  students who withdraw from high school to attend adult

29  education programs and the students in exceptional student

30  education programs. The department shall report its findings

31  to the Legislature by February 1, 2000. The Department of


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  Education may calculate a 5-year graduation rate using the

  2  same methodology described in this section.

  3         (42)  DROPOUT RATE.--The term "high school dropout

  4  rate" means the annual percentage calculated by dividing the

  5  number of students in grades 9 through 12 who are classified

  6  as dropouts, pursuant to subsection (29), by the total number

  7  of students in grades 9-12 in attendance at any time during

  8  the school year over the age of compulsory school attendance,

  9  pursuant to s. 232.01, at the time of the fall membership

10  count, into the number of students who withdraw from school

11  during a given school year and who are classified as dropouts

12  pursuant to subsection (29). The Department of Education shall

13  report the number of students initially classified as students

14  who transfer to an adult education program but who do not

15  enroll in an adult education program.

16         Section 44.  Paragraph (f) of subsection (9) of section

17  228.056, Florida Statutes, 1998 Supplement, is amended to

18  read:

19         228.056  Charter schools.--

20         (9)  CHARTER.--The major issues involving the operation

21  of a charter school shall be considered in advance and written

22  into the charter. The charter shall be signed by the governing

23  body of the charter school and the sponsor, following a public

24  hearing to ensure community input.

25         (f)  Upon receipt of the annual report required by

26  paragraph (d), the Department of Education shall provide to

27  the State Board of Education, the Commissioner of Education,

28  the President of the Senate, and the Speaker of the House of

29  Representatives an analysis and comparison of the overall

30  performance of charter school students, to include all

31  students whose scores are counted as part of the state


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  norm-referenced assessment program tests, versus comparable

  2  public school students in the district as determined by the

  3  state norm-referenced assessment program tests currently

  4  administered in the school district, and, as appropriate, the

  5  Florida Writes Assessment Test, the High School Competency

  6  Test, and other assessments administered pursuant to s.

  7  229.57(3).

  8         Section 45.  Section 231.002, Florida Statutes, is

  9  created to read:

10         231.002  Teacher quality; legislative findings and

11  purpose.--

12         (1)  The Legislature intends to implement a

13  comprehensive approach to increase students' academic

14  achievement and improve teaching quality. The Legislature

15  recognizes that professional educators shape the future of

16  this state and the nation by developing the knowledge and

17  skills of our future workforce and laying the foundation for

18  good citizenship and full participation in community and civic

19  life. The Legislature also recognizes its critical role in

20  meeting the state's educational goals and preparing all

21  students to achieve at the high levels set by the Sunshine

22  State Standards.

23         (2)  The purpose of this act is to raise standards for

24  certifying professional educators, establish a statewide

25  system for inservice professional development, increase

26  accountability for postsecondary programs that prepare future

27  educators, and increase accountability for administrators who

28  evaluate teacher performance. To further this initiative, the

29  Department of Education must review the provisions of chapter

30  231, Florida Statutes, and related administrative rules

31  governing the certification of individuals who must hold state


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  certification as a condition of employment in any district

  2  school system. The purpose of the review is to identify ways

  3  to make the certification process more efficient and

  4  responsive to the needs of district school systems and

  5  educators, to maintain rigorous standards for initial and

  6  continuing certification, and to provide more alternative

  7  certification options for individuals who have specific

  8  subject-area expertise but have not completed a standard

  9  teacher preparation program. The department must evaluate the

10  rigor of the assessment instruments and passing scores

11  required for certification and should consider components of

12  more rigorous and efficient certification systems in other

13  states. The department may request assistance from the

14  Education Standards Commission. By January 1, 2000, the

15  department must submit its findings and recommendations for

16  revision of statutes and administrative rules to the presiding

17  officers of the Senate, the House of Representatives, and the

18  State Board of Education.

19         Section 46.  Subsection (1) of section 231.02, Florida

20  Statutes, 1998 Supplement, is amended to read:

21         231.02  Qualifications of personnel.--

22         (1)  To be eligible for appointment in any position in

23  any district school system, a person shall be of good moral

24  character; shall have attained the age of 18 years, if he or

25  she is to be employed in an instructional capacity; and shall,

26  when required by law, hold a certificate or license issued

27  under rules of the State Board of Education or the Department

28  of Health and Rehabilitative Services, except when employed

29  pursuant to s. 231.15 or under the emergency provisions of s.

30  236.0711.  Previous residence in this state shall not be

31  required in any school of the state as a prerequisite for any


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  person holding a valid Florida certificate or license to serve

  2  in an instructional capacity.

  3         Section 47.  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 48.  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, Third 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 49.  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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  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 50.  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 and work. This duty

15  applies to instructional personnel whether they teach or

16  function in a support role. Members of the instructional staff

17  of the public schools shall perform duties prescribed by rules

18  of the school board.  Such rules shall include, but not be

19  limited to, rules relating to a teacher's duty to help

20  students master challenging standards and meet all state and

21  local requirements for achievement; teaching efficiently and

22  faithfully, using prescribed materials and methods, including

23  technology-based instruction; recordkeeping; and fulfilling

24  the terms of any contract, unless released from the contract

25  by the school board.

26         Section 51.  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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                            CS/HBs 751, 753 & 755, Third Engrossed



  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 or staff

  4  development program designed to ensure that the teacher has

  5  the competencies required for the assigned duties. The

  6  board-approved assistance plan must include duties of

  7  administrative personnel and other instructional personnel to

  8  ensure that students receive high-quality instructional

  9  services.

10         Section 52.  Section 231.145, Florida Statutes, is

11  amended to read:

12         231.145  Purpose of instructional personnel

13  certification.--It is the intent of the Legislature that

14  school personnel certified in this state possess the

15  credentials, knowledge, and skills necessary to provide a

16  high-quality quality education in the public schools.  The

17  purpose of school personnel certification is to protect the

18  educational interests of students, parents, and the public at

19  large by assuring that teachers in this state are

20  professionally qualified.  In fulfillment of its duty to the

21  citizens of this state, the Legislature has established

22  certification requirements to assure that educational

23  personnel in public schools possess appropriate skills in

24  reading, writing, and mathematics, and adequate pedagogical

25  knowledge, including the use of technology to enhance student

26  learning, and relevant subject matter competence so as to and

27  can demonstrate an acceptable level of professional

28  performance.  Further, the Legislature has established a

29  certificate renewal process which promotes the continuing

30  professional improvement of school personnel, thereby

31  enhancing public education in all areas of the state.


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  1         Section 53.  Section 231.15, Florida Statutes, 1998

  2  Supplement, is amended to read:

  3         231.15  Positions for which certificates required.--

  4         (1)  The State Board of Education shall classify school

  5  services, designate the certification subject areas, establish

  6  competencies, including the use of technology to enhance

  7  student learning, and certification requirements for all

  8  school-based personnel, and prescribe rules in accordance with

  9  which the professional, temporary, and part-time certificates

10  shall be issued by the Department of Education to applicants

11  who meet the standards prescribed by such rules for their

12  class of service. The rules must allow the holder of a valid

13  professional certificate to add an area of certification

14  without completing the associated course requirements if the

15  certificateholder attains a passing score on an examination of

16  competency in the subject area to be added, and provides

17  evidence of at least 2 years of satisfactory performance

18  evaluations that considered the performance of students taught

19  by the certificateholder. The rules must allow individuals who

20  have specific subject area expertise, but who have not

21  completed a standard teacher preparation program, to

22  participate in a state-approved alternative certification

23  program for a professional certificate. As appropriate, this

24  program must provide for demonstration competencies in lieu of

25  completion of a specific number of college course credit hours

26  in the areas of assessment, communication, critical thinking,

27  human development and learning, classroom management,

28  planning, technology, diversity, teacher responsibility, code

29  of ethics, and continuous professional improvement. The State

30  Board of Education shall consult with the State Board of

31  Independent Colleges and Universities, the State Board of


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  Nonpublic Career Education, the Board of Regents, and the

  2  State Board of Community Colleges before adopting any changes

  3  to training requirements relating to entry into the

  4  profession. This consultation must allow the educational board

  5  to provide advice regarding the impact of the proposed changes

  6  in terms of the length of time necessary to complete the

  7  training program and the fiscal impact of the changes. The

  8  educational board must be consulted only when an institution

  9  offering the training program falls under its jurisdiction.

10  Each person employed or occupying a position as school

11  supervisor, principal, teacher, library media specialist,

12  school counselor, athletic coach, or other position in which

13  the employee serves in an instructional capacity, in any

14  public school of any district of this state shall hold the

15  certificate required by law and by rules of the state board in

16  fulfilling the requirements of the law for the type of service

17  rendered.  However, the state board shall adopt rules

18  authorizing school boards to employ selected noncertificated

19  personnel to provide instructional services in the

20  individuals' fields of specialty or to assist instructional

21  staff members as education paraprofessionals.

22         (2)  Each person who is employed and renders service as

23  an athletic coach in any public school in any district of this

24  state shall hold a valid part-time, temporary, or professional

25  certificate. The provisions of this subsection do not apply to

26  any athletic coach who voluntarily renders service and who is

27  not employed by any public school district of this state.

28         (3)  Each person employed as a school nurse shall hold

29  a license to practice nursing in the state, and each person

30  employed as a school physician shall hold a license to

31  practice medicine in the state.  The provisions of this


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  subsection shall not apply to any athletic coach who renders

  2  service in a voluntary capacity and who is not employed by any

  3  public school of any district in this state.

  4         (4)(2)  A commissioned or noncommissioned military

  5  officer who is an instructor of junior reserve officer

  6  training shall be exempt from requirements for teacher

  7  certification, except for the filing of fingerprints pursuant

  8  to s. 231.02, if he or she meets the following qualifications:

  9         (a)  Is retired from active military duty with at least

10  20 years of service and draws retirement pay or is retired, or

11  transferred to retired reserve status, with at least 20 years

12  of active service and draws retirement pay or retainer pay.

13         (b)  Satisfies criteria established by the appropriate

14  military service for certification by the service as a junior

15  reserve officer training instructor.

16         (c)  Has an exemplary military record.

17

18  If such instructor is assigned instructional duties other than

19  junior reserve officer training, he or she shall hold the

20  certificate required by law and rules of the state board for

21  the type of service rendered.

22         Section 54.  Paragraph (c) of subsection (3) and

23  subsections (4), (5), and (8) of section 231.17, Florida

24  Statutes, 1998 Supplement, are amended to read:

25         231.17  Official statements of eligibility and

26  certificates granted on application to those meeting

27  prescribed requirements.--

28         (3)  TEMPORARY CERTIFICATE.--

29         (c)  To qualify for a temporary certificate, the

30  applicant must:

31


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         1.  File a written statement under oath that the

  2  applicant subscribes to and will uphold the principles

  3  incorporated in the Constitutions of the United States and of

  4  the State of Florida.

  5         2.  Be at least 18 years of age.

  6         3.  Document receipt of a bachelor's or higher degree

  7  from an accredited institution of higher learning, as defined

  8  by state board rule. Credits and degrees awarded by a newly

  9  created Florida state institution that is part of the State

10  University System shall be considered as granted by an

11  accredited institution of higher learning during the first 2

12  years of course offerings while accreditation is gained.

13  Degrees from foreign institutions, or degrees from other

14  institutions of higher learning that are in the accreditation

15  process, may be validated by a process established in state

16  board rule. Once accreditation is gained, the institution

17  shall be considered as accredited beginning with the 2-year

18  period prior to the date of accreditation. The bachelor's or

19  higher degree may not be required in areas approved in rule by

20  the State Board of Education as nondegreed areas. Each

21  applicant seeking initial certification must have attained at

22  least a 2.5 overall grade point average on a 4.0 scale in the

23  applicant's major field of study. The applicant may document

24  the required education by submitting official transcripts from

25  institutions of higher education or by authorizing the direct

26  submission of such official transcripts through established

27  electronic network systems.

28         4.  Be competent and capable of performing the duties,

29  functions, and responsibilities of a teacher.

30         5.  Be of good moral character.

31


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         6.  Demonstrate mastery of general knowledge, including

  2  the ability to read, write, compute, and use technology for

  3  classroom instruction. Individuals who apply for certification

  4  on or after July 1, 2000, must demonstrate these minimum

  5  competencies in order to receive a temporary certificate.

  6  Acceptable means of demonstrating such mastery is an

  7  individual's achievement of passing scores on another state's

  8  general knowledge examinations or a valid standard teaching

  9  certificate issued by another state that requires mastery of

10  general knowledge.

11

12  Rules adopted pursuant to this section shall provide for the

13  review and acceptance of credentials from foreign institutions

14  of higher learning.

15         (4)  PROFESSIONAL CERTIFICATE.--The department shall

16  issue a professional certificate for a period not to exceed 5

17  years to any applicant who meets the requirements for a

18  temporary certificate and documents mastery of the minimum

19  competencies required by subsection (5). Mastery of the

20  minimum competencies must be documented on a comprehensive

21  written examination or through other criteria as specified by

22  rules of the state board. Mastery of minimum competencies

23  required under subsection (5) must be demonstrated in the

24  following areas:

25         (a)  General knowledge, including the ability to read,

26  write, and compute, and use technology for classroom

27  instruction. However, individuals who apply for certification

28  on or after July 1, 2000, must demonstrate these minimum

29  competencies in order to receive a temporary certificate.

30  Acceptable means of demonstrating such mastery is an

31  individual's achievement of passing scores on another state's


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  general knowledge examinations or a valid standard teaching

  2  certificate issued by another state that requires mastery of

  3  general knowledge.

  4         (b)  Professional skills and knowledge of the standards

  5  of professional practice.

  6         (c)  The subject matter in each area for which

  7  certification is sought.

  8         (5)  MINIMUM COMPETENCIES FOR PROFESSIONAL

  9  CERTIFICATE.--

10         (a)  The state board must specify, by rule, the minimum

11  essential competencies that educators must possess and

12  demonstrate in order to qualify to teach students the

13  standards of student performance adopted by the state board.

14  The minimum competencies must include but are not limited to

15  the ability to:

16         1.  Write in a logical and understandable style with

17  appropriate grammar and sentence structure.

18         2.  Read, comprehend, and interpret professional and

19  other written material.

20         3.  Comprehend and work with fundamental mathematical

21  concepts, including algebra.

22         4.  Recognize signs of students' difficulty with the

23  reading process and apply appropriate measures to improve

24  students' reading performance.

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 know how to appropriately work with such students

31  and seek assistance designed to prevent apply counseling


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  techniques with emphasis on intervention and prevention of

  2  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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                            CS/HBs 751, 753 & 755, Third Engrossed



  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.  Recognize the early signs of truancy in students

11  and identify effective interventions to avoid or resolve

12  nonattendance behavior.

13         18.  Demonstrate knowledge and skill in managing

14  student behavior inside and outside the classroom. Such

15  knowledge and skill must include techniques for preventing and

16  effectively responding to incidents of disruptive or violent

17  behavior.

18         19.  Demonstrate knowledge of and skill in developing

19  and administering appropriate classroom assessment instruments

20  designed to measure student learning gains.

21         20.  Demonstrate the ability to maintain a positive

22  collaborative relationship with students' families to increase

23  student achievement.

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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                            CS/HBs 751, 753 & 755, Third Engrossed



  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, Third 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 55.  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, Third 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 which is approved by rules of the State Board of

  7  Education and who is jointly assigned by the institution of

  8  higher education and a school board to perform a clinical

  9  field experience under the direction of a regularly employed

10  and certified educator shall, while serving such supervised

11  clinical field experience, be accorded the same protection of

12  law as that accorded to the certified educator except for the

13  right to bargain collectively as employees of the school

14  board.

15         Section 56.  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 57.  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, Third Engrossed



  1         (3)  The assessment procedure for instructional

  2  personnel and school administrators must be primarily based on

  3  the performance of students assigned to their classrooms or

  4  schools, as appropriate. The procedures must shall comply

  5  with, but need shall not be limited to, the following

  6  requirements:

  7         (a)  An assessment must shall be conducted for each

  8  employee at least once a year. The assessment must shall be

  9  based upon sound educational principles and contemporary

10  research in effective educational practices. Beginning with

11  the full implementation of an annual assessment of learning

12  gains, the assessment must primarily use data and indicators

13  of improvement in student performance assessed annually as

14  specified in s. 229.57 and may consider results of peer

15  reviews in evaluating the employee's performance. Student

16  performance must be measured by state assessments required

17  under s. 229.57 and by local assessments for subjects and

18  grade levels not measured by the state assessment program. The

19  assessment criteria must include, but are not limited to,

20  indicators that relate to the following:

21         1.  Performance of students.

22         2.1.  Ability to maintain appropriate discipline.

23         3.2.  Knowledge of subject matter. The district school

24  board shall make special provisions for evaluating teachers

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

26         4.3.  Ability to plan and deliver instruction,

27  including the use of technology in the classroom.

28         5.4.  Ability to evaluate instructional needs.

29         6.5.  Ability to establish and maintain a positive

30  collaborative relationship with students' families to increase

31  student achievement communicate with parents.


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  1         7.6.  Other professional competencies,

  2  responsibilities, and requirements as established by rules of

  3  the State Board of Education and policies of the district

  4  school board.

  5         (b)  All personnel must shall be fully informed of the

  6  criteria and procedures associated with the assessment process

  7  before the assessment takes place.

  8         (c)  The individual responsible for supervising the

  9  employee must assess the employee's performance. The evaluator

10  must submit a written report of the assessment to the

11  superintendent for the purpose of reviewing the employee's

12  contract. If the employee is assigned to a school designated

13  in performance grade category "D" or "F" and was rated

14  unsatisfactory on any function related to the employee's

15  instructional or administrative duties, the superintendent, in

16  consultation with the employee's evaluator, shall review the

17  employee's performance assessment. If the superintendent

18  determines that the lack of general knowledge, subject area

19  expertise, or other professional competencies contributed to

20  the employee's unsatisfactory performance, the superintendent

21  shall notify the district school board of that determination.

22  The district school board shall require those employees, as

23  part of their performance probation, to take and receive a

24  passing score on a test of general knowledge, subject area

25  expertise, or professional competencies, whichever is

26  appropriate.  The tests required by this paragraph shall be

27  those required for certification under chapter 231 and rules

28  of the State Board of Education.  The evaluator must submit

29  the written report to the employee no later than 10 days after

30  the assessment takes place.  The evaluator must discuss the

31  written report of assessment with the employee. The employee


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  1  shall have the right to initiate a written response to the

  2  assessment, and the response shall become a permanent

  3  attachment to his or her personnel file.

  4         (d)  If an employee is not performing his or her duties

  5  in a satisfactory manner, the evaluator shall notify the

  6  employee in writing of such determination. The notice must

  7  describe such unsatisfactory performance and include notice of

  8  the following procedural requirements:

  9         1.  Upon delivery of a notice of unsatisfactory

10  performance, the evaluator must confer with the employee, make

11  recommendations with respect to specific areas of

12  unsatisfactory performance, and provide assistance in helping

13  to correct deficiencies within a prescribed period of time.

14         2.a.  If the employee holds a professional service

15  contract as provided in s. 231.36, the employee shall be

16  placed on performance probation and governed by the provisions

17  of this section for 90 calendar days following from the

18  receipt of the notice of unsatisfactory performance to

19  demonstrate corrective action. School holidays and school

20  vacation periods are not counted when calculating the

21  90-calendar-day period. During the 90 calendar days, the

22  employee who holds a professional service contract must be

23  evaluated periodically and apprised of progress achieved and

24  must be provided assistance and inservice training

25  opportunities to help correct the noted performance

26  deficiencies. At any time during the 90 calendar days, the

27  employee who holds a professional service contract may request

28  a transfer to another appropriate position with a different

29  supervising administrator; however, a transfer does not extend

30  the period for correcting performance deficiencies.

31


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  1         b.3.  Within 14 days after the close of the 90 calendar

  2  days, the evaluator must assess whether the performance

  3  deficiencies have been corrected and forward a recommendation

  4  to the superintendent. Within 14 days after receiving the

  5  evaluator's recommendation, the superintendent must notify the

  6  employee who holds a professional service contract in writing

  7  whether the performance deficiencies have been satisfactorily

  8  corrected and whether the superintendent will recommend that

  9  the school board continue or terminate his or her employment

10  contract. If the employee wishes to contest the

11  superintendent's recommendation, the employee must, within 15

12  days after receipt of the superintendent's recommendation,

13  submit a written request for a hearing. Such hearing shall be

14  conducted at the school board's election in accordance with

15  one of the following procedures:

16         (I)a.  A direct hearing conducted by the school board

17  within 60 days after receipt of the written appeal. The

18  hearing shall be conducted in accordance with the provisions

19  of ss. 120.569 and 120.57. A majority vote of the membership

20  of the school board shall be required to sustain the

21  superintendent's recommendation. The determination of the

22  school board shall be final as to the sufficiency or

23  insufficiency of the grounds for termination of employment; or

24         (II)b.  A hearing conducted by an administrative law

25  judge assigned by the Division of Administrative Hearings of

26  the Department of Management Services. The hearing shall be

27  conducted within 60 days after receipt of the written appeal

28  in accordance with chapter 120. The recommendation of the

29  administrative law judge shall be made to the school board. A

30  majority vote of the membership of the school board shall be

31  required to sustain or change the administrative law judge's


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  recommendation. The determination of the school board shall be

  2  final as to the sufficiency or insufficiency of the grounds

  3  for termination of employment.

  4         Section 58.  Subsections (1), (4), and (6) of section

  5  231.36, Florida Statutes, are amended to read:

  6         231.36  Contracts with instructional staff,

  7  supervisors, and principals.--

  8         (1)(a)  Each person employed as a member of the

  9  instructional staff in any district school system shall be

10  properly certificated pursuant to s. 231.17 or employed

11  pursuant to s. 231.1725 and shall be entitled to and shall

12  receive a written contract as specified in chapter 230.  All

13  such contracts, except continuing contracts as specified in

14  subsection (4), shall contain provisions for dismissal during

15  the term of the contract only for just cause. Just cause

16  includes, but is not limited to, the following instances, as

17  defined by rule of the State Board of Education: misconduct in

18  office, incompetency, gross insubordination, willful neglect

19  of duty, or conviction of a crime involving moral turpitude.

20         (b)  A supervisor or principal shall be properly

21  certified and shall receive a written contract as specified in

22  chapter 230. Such contract may be for an initial period not to

23  exceed 3 years, subject to annual review and renewal. The

24  first 97 days of an initial contract is a probationary period.

25  During the probationary period, the employee may be dismissed

26  without cause or may resign from the contractual position

27  without breach of contract. After the first 3 years, the

28  contract may be renewed for a period not to exceed 3 years and

29  shall contain provisions for dismissal during the term of the

30  contract only for just cause, in addition to such other

31  provisions as are prescribed by the school board.


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  1         (4)(a)  An employee who has continuing contract status

  2  prior to July 1, 1984, shall be entitled to retain such

  3  contract and all rights arising therefrom in accordance with

  4  existing laws, rules of the State Board of Education, or any

  5  laws repealed by this act, unless the employee voluntarily

  6  relinquishes his or her continuing contract.

  7         (b)  Any member of the district administrative or

  8  supervisory staff and any member of the instructional staff,

  9  including any principal, who is under continuing contract may

10  be dismissed or may be returned to annual contract status for

11  another 3 years in the discretion of the school board, at the

12  end of the school year, when a recommendation to that effect

13  is submitted in writing to the school board on or before April

14  1 of any school year, giving good and sufficient reasons

15  therefor, by the superintendent, by the principal if his or

16  her contract is not under consideration, or by a majority of

17  the school board.  The employee whose contract is under

18  consideration shall be duly notified in writing by the party

19  or parties preferring the charges at least 5 days prior to the

20  filing of the written recommendation with the school board,

21  and such notice shall include a copy of the charges and the

22  recommendation to the school board.  The school board shall

23  proceed to take appropriate action.  Any decision adverse to

24  the employee shall be made by a majority vote of the full

25  membership of the school board.  Any such decision adverse to

26  the employee may be appealed by the employee pursuant to s.

27  120.68.

28         (c)  Any member of the district administrative or

29  supervisory staff and any member of the instructional staff,

30  including any principal, who is under continuing contract may

31  be suspended or dismissed at any time during the school year;


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  however, the charges against him or her must be based on

  2  immorality, misconduct in office, incompetency, gross

  3  insubordination, willful neglect of duty, drunkenness, or

  4  conviction of a crime involving moral turpitude, as these

  5  terms are defined by rule of the State Board of Education.

  6  Whenever such charges are made against any such employee of

  7  the school board, the school board may suspend such person

  8  without pay; but, if the charges are not sustained, he or she

  9  shall be immediately reinstated, and his or her back salary

10  shall be paid.  In cases of suspension by the school board or

11  by the superintendent, the school board shall determine upon

12  the evidence submitted whether the charges have been sustained

13  and, if the charges are sustained, shall determine either to

14  dismiss the employee or fix the terms under which he or she

15  may be reinstated.  If such charges are sustained by a

16  majority vote of the full membership of the school board and

17  such employee is discharged, his or her contract of employment

18  shall be thereby canceled. Any such decision adverse to the

19  employee may be appealed by the employee pursuant to s.

20  120.68, provided such appeal is filed within 30 days after the

21  decision of the school board.

22         (6)(a)  Any member of the instructional staff,

23  excluding an employee specified in subsection (4), may be

24  suspended or dismissed at any time during the term of the

25  contract for just cause as provided in paragraph (1)(a). The

26  school board must notify the employee in writing whenever

27  charges are made against the employee and may suspend such

28  person without pay; but, if the charges are not sustained, the

29  employee shall be immediately reinstated, and his or her back

30  salary shall be paid. If the employee wishes to contest the

31  charges, the employee must, within 15 days after receipt of


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  the written notice, submit a written request for a hearing.

  2  Such hearing shall be conducted at the school board's election

  3  in accordance with one of the following procedures:

  4         1.  A direct hearing conducted by the school board

  5  within 60 days after receipt of the written appeal. The

  6  hearing shall be conducted in accordance with the provisions

  7  of ss. 120.569 and 120.57. A majority vote of the membership

  8  of the school board shall be required to sustain the

  9  superintendent's recommendation. The determination of the

10  school board shall be final as to the sufficiency or

11  insufficiency of the grounds for termination of employment; or

12         2.  A hearing conducted by an administrative law judge

13  assigned by the Division of Administrative Hearings of the

14  Department of Management Services. The hearing shall be

15  conducted within 60 days after receipt of the written appeal

16  in accordance with chapter 120. The recommendation of the

17  administrative law judge shall be made to the school board. A

18  majority vote of the membership of the school board shall be

19  required to sustain or change the administrative law judge's

20  recommendation. The determination of the school board shall be

21  final as to the sufficiency or insufficiency of the grounds

22  for termination of employment.

23

24  Any such decision adverse to the employee may be appealed by

25  the employee pursuant to s. 120.68, provided such appeal is

26  filed within 30 days after the decision of the school board.

27         (b)  Any member of the district administrative or

28  supervisory staff, including any principal but excluding an

29  employee specified in subsection (4), may be suspended or

30  dismissed at any time during the term of the contract;

31  however, the charges against him or her must be based on


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  immorality, misconduct in office, incompetency, gross

  2  insubordination, willful neglect of duty, drunkenness, or

  3  conviction of any crime involving moral turpitude, as these

  4  terms are defined by rule of the State Board of Education.

  5  Whenever such charges are made against any such employee of

  6  the school board, the school board may suspend the employee

  7  without pay; but, if the charges are not sustained, he or she

  8  shall be immediately reinstated, and his or her back salary

  9  shall be paid.  In cases of suspension by the school board or

10  by the superintendent, the school board shall determine upon

11  the evidence submitted whether the charges have been sustained

12  and, if the charges are sustained, shall determine either to

13  dismiss the employee or fix the terms under which he or she

14  may be reinstated.  If such charges are sustained by a

15  majority vote of the full membership of the school board and

16  such employee is discharged, his or her contract of employment

17  shall be thereby canceled. Any such decision adverse to the

18  employee may be appealed by him or her pursuant to s. 120.68,

19  provided such appeal is filed within 30 days after the

20  decision of the school board.

21         Section 59.  Paragraph (a) of subsection (1) of section

22  231.546, Florida Statutes, 1998 Supplement, is amended to

23  read:

24         231.546  Education Standards Commission; powers and

25  duties.--

26         (1)  The Education Standards Commission shall have the

27  duty to:

28         (a)  Recommend to the state board high desirable

29  standards relating to programs and policies for the

30  development, certification and certification extension,

31  improvement, and maintenance of competencies of educational


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  personnel, including teacher interns. Such standards must be

  2  consistent with the state's duty to provide a high-quality

  3  system of public education to all students.

  4         Section 60.  Subsections (1) and (3) and paragraph (b)

  5  of subsection (4) of section 231.600, Florida Statutes, 1998

  6  Supplement, are amended, and subsections (8) and (9) are added

  7  to that section, to read:

  8         231.600  School Community Professional Development

  9  Act.--

10         (1)  The Department of Education, public community

11  colleges and universities, public school districts, and public

12  schools in this state shall collaborate to establish a

13  coordinated system of professional development. The purpose of

14  the professional development system is to enable the school

15  community to meet state and local student achievement

16  standards and the state education goals and to succeed in

17  school improvement as described in s. 229.591.

18         (3)  The activities designed to implement this section

19  must:

20         (a)  Increase the success of educators in guiding

21  student learning and development so as to implement state and

22  local educational standards, goals, and initiatives;

23         (b)  Assist the school community in providing

24  stimulating educational activities that encourage and motivate

25  students to achieve at the highest levels and to become

26  developing in school children the dispositions that will

27  motivate them to be active learners; and

28         (c)  Provide continuous support as well as, rather than

29  temporary intervention for education professionals who need

30  improvement in knowledge, skills, and performance, for

31


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  improving the performance of teachers and others who assist

  2  children in their learning.

  3         (4)  The Department of Education, school districts,

  4  schools, and public colleges and universities share the

  5  responsibilities described in this section.  These

  6  responsibilities include the following:

  7         (b)  Each district school board shall consult with

  8  teachers and representatives of college and university

  9  faculty, community agencies, and other interested citizen

10  groups to establish policy and procedures to guide the

11  operation of the district professional development program.

12  The professional development system must:

13         1.  Require that principals and schools use student

14  achievement data, school discipline data, school environment

15  surveys, assessments of parental satisfaction, and other

16  performance indicators to identify school and student needs

17  that can be met by improved professional performance, and

18  assist principals and schools in making these identifications;

19         2.  Provide training activities coupled with followup

20  support that is appropriate to accomplish district-level and

21  school-level improvement goals and standards; and

22         3.  Provide for systematic consultation with regional

23  and state personnel designated to provide technical assistance

24  and evaluation of local professional development programs;.

25         4.  Provide for delivery of professional development by

26  distance learning and other technology-based delivery systems

27  to reach more educators at lower costs; and

28         5.  Continuously evaluate the quality and effectiveness

29  of professional development programs in order to eliminate

30  ineffective programs and strategies and to expand effective

31  ones. Evaluations must consider the impact of such activities


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  on the performance of participating educators and their

  2  students' achievement and behavior.

  3         (8)  This section does not limit or discourage a

  4  district school board from contracting with independent

  5  entities for professional development services and inservice

  6  education if the school board believes that, through such a

  7  contract, a better product can be acquired or its goals for

  8  education improvement can be better met.

  9         (9)  For teachers and administrators who have been

10  evaluated as less than satisfactory, a school board may

11  require participation in specific professional development

12  programs as part of the improvement prescription.

13         Section 61.  Subsection (2) of section 236.08106,

14  Florida Statutes, 1998 Supplement, is amended, and subsections

15  (3) and (4) are added to that section, to read:

16         236.08106  Excellent Teaching Program.--

17         (2)  The Excellent Teaching Program is created to

18  provide categorical funding for monetary incentives and

19  bonuses for teaching excellence. The Department of Education

20  shall allocate and distribute to each school district or to

21  the NBPTS an amount as prescribed annually by the Legislature

22  for the Excellent Teaching Program. Unless otherwise provided

23  in the General Appropriations Act, each distribution school

24  district's annual allocation shall be the sum of the amounts

25  earned for the following incentives and bonuses:

26         (a)  A fee subsidy to be paid by the Department of

27  Education school district to the NBPTS on behalf of each

28  individual who is an employee of a the district school board

29  or a public school within the that school district, who is

30  certified by the district to have demonstrated satisfactory

31  teaching performance pursuant to s. 231.29 and who satisfies


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  the prerequisites for participating in the NBPTS certification

  2  program, and who agrees, in writing, to pay 10 percent of the

  3  NBPTS participation fee and to participate in the NBPTS

  4  certification program during the school year for which the fee

  5  subsidy is provided. The fee subsidy for each eligible

  6  participant shall be an amount equal to 90 percent of the fee

  7  charged for participating in the NBPTS certification program,

  8  but not more than $1,800 per eligible participant. The fee

  9  subsidy is a one-time award and may not be duplicated for any

10  individual.

11         (b)  A portfolio-preparation incentive of $150 paid by

12  the Department of Education to for each teacher employed by a

13  the district school board or a public school within a school

14  the district who is participating in the NBPTS certification

15  program. The portfolio-preparation incentive is a one-time

16  award paid during the school year for which the NBPTS fee

17  subsidy is provided.

18         (c)  An annual bonus equal to 10 percent of the prior

19  fiscal year's statewide average salary for classroom teachers

20  to be distributed to the school district to be paid to each

21  individual who holds NBPTS certification and is employed by

22  the district school board or by a public school within the

23  that school district. The district school board shall

24  distribute the annual bonus to each individual who meets the

25  requirements of this paragraph and who is certified annually

26  by the district to have demonstrated satisfactory teaching

27  performance pursuant to s. 231.29. The annual bonus may be

28  paid as a single payment or divided into not more than three

29  payments.

30         (d)  An annual bonus equal to 10 percent of the prior

31  fiscal year's statewide average salary for classroom teachers


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  to be distributed to the school district to be paid to each

  2  individual who meets the requirements of paragraph (c) and

  3  agrees, in writing, to provide the equivalent of 12 workdays

  4  of mentoring and related services to public school teachers

  5  within the district who do not hold NBPTS certification. The

  6  district school board shall distribute the annual bonus in a

  7  single payment following the completion of all required

  8  mentoring and related services for the year. It is not the

  9  intent of the Legislature to remove excellent teachers from

10  their assigned classrooms; therefore, credit may not be

11  granted by a school district or public school for mentoring or

12  related services provided during the regular school day or

13  during the 196 days of required service for the school year.

14         (e)  The district shall receive an amount equal to 50

15  percent of the teacher bonuses provided under paragraphs (c)

16  and (d), which shall be used by the district for professional

17  development of teachers. The district must give priority to

18  using all funds received pursuant to this paragraph for

19  professional development of teachers employed at schools

20  identified as performing at critically low levels.

21

22  A teacher for whom the state pays the certification fee and

23  who does not complete the certification program or does not

24  teach in a public school of this state for a least 1 year

25  after completing the certification program must repay the

26  amount of the certification fee to the state. However, a

27  teacher who completes the certification program but fails to

28  be awarded NBPTS certification is not required to repay the

29  amount of the certification fee if the teacher meets the

30  1-year teaching requirement. Repayment is not required of a

31  teacher who does not complete the certification program or


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  fails to fulfill the teaching requirement because of the

  2  teacher's death or disability or because of other extenuating

  3  circumstances as determined by the State Board of Education.

  4         (3)(a)  In addition to any other remedy available under

  5  the law, any person who is a recipient of a certification fee

  6  subsidy paid to the NBPTS and who is an employee of the state

  7  or any of its political subdivisions is considered to have

  8  consented, as a condition of employment, to the voluntary or

  9  involuntary withholding of wages to repay to the state the

10  amount of such a certification fee subsidy awarded under this

11  section. Any such employee who defaults on the repayment of

12  such a certification fee subsidy must, within 60 days after

13  service of a notice of default by the Department of Education

14  to the employee, establish a repayment schedule which must be

15  agreed to by the department and the employee, for repaying the

16  defaulted sum through payroll deductions. The department may

17  not require the employee to pay more than 10 percent of the

18  employee's pay per pay period under such a repayment schedule

19  or plan. If the employee fails to establish a repayment

20  schedule within the specified period of time or fails to meet

21  the terms and conditions of the agreed upon or approved

22  repayment schedule as authorized by this subsection, the

23  employee has breached an essential condition of employment and

24  is considered to have consented to the involuntary withholding

25  of wages or salary for the repayment of the certification fee

26  subsidy.

27         (b)  A person who is employed by the state, or any of

28  its political subdivisions, may not be dismissed for having

29  defaulted on the repayment of the certification fee subsidy to

30  the state.

31


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         (4)  The State Board of Education may adopt rules as

  2  necessary to implement the provisions for payment of the fee

  3  subsidies, incentives, and bonuses and for the repayment of

  4  defaulted certification fee subsidies under this section.

  5         Section 62.  Subsection (1), paragraph (b) of

  6  subsection (3), and subsections (4) and (5) of section

  7  240.529, Florida Statutes, are amended to read:

  8         240.529  Public accountability and state approval for

  9  teacher preparation programs.--

10         (1)  INTENT.--The Legislature recognizes that skilled

11  teachers make an the most important contribution to a quality

12  educational system that allows students to obtain a

13  high-quality education and that competent teachers are

14  produced by effective and accountable teacher preparation

15  programs. The intent of the Legislature is to establish a

16  system for development and approval of teacher preparation

17  programs that will free postsecondary teacher preparation

18  institutions to employ varied and innovative teacher

19  preparation techniques while being held accountable for

20  producing graduates teachers with the competencies and skills

21  necessary to achieve for achieving the state education goals;

22  help students meet high standards for academic achievement;

23  maintain safe, secure classroom learning environments; and

24  sustain sustaining the state system of school improvement and

25  education accountability established pursuant to ss. 229.591

26  and, 229.592, and 229.593. To further this intent, the

27  Commissioner of Education shall appoint a Teacher Preparation

28  Program Committee for the purpose of establishing core

29  curricula in each state-approved teacher preparation program.

30  The committee shall consist of representatives from presidents

31  of public and private colleges and universities, deans of


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  colleges of education, presidents of community colleges,

  2  district school superintendents, and high-performing teachers.

  3  The curricula shall be focused on the knowledge, skills, and

  4  abilities essential to instruction in the Sunshine State

  5  Standards, with a clear emphasis on the importance of reading

  6  at all grade levels.  The committee shall report its

  7  recommendations to the State Board of Education by January 1,

  8  2000, and at that time may be dissolved.  The state board

  9  shall adopt rules that establish uniform core curricula for

10  each state-approved teacher preparation program and shall use

11  this report in the development of such rules.

12         (3)  INITIAL STATE PROGRAM APPROVAL.--

13         (b)  Each teacher preparation program approved by the

14  Department of Education, as provided for by this section,

15  shall require students to meet one of the following as

16  prerequisites a prerequisite for admission into the program:

17         1.  That a student receive a passing score at the 40th

18  percentile or above, as established by state board rule, on a

19  nationally standardized college entrance examination;

20         1.2.  That a student Have a grade point average of at

21  least 2.5 on a 4.0 scale for the general education component

22  of undergraduate studies; or

23         3.  That a student have completed the requirements for

24  a baccalaureate degree with a minimum grade point average of

25  2.5 on a 4.0 scale from any college or university accredited

26  by a regional accrediting association as defined by state

27  board rule; and.

28         2.  Beginning with the 2000-2001 academic year,

29  demonstrate mastery of general knowledge, including the

30  ability to read, write, and compute by passing the College

31  Level Academic Skills Test, a corresponding component of the


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  National Teachers Examination series, or a similar test

  2  pursuant to rules of the State Board of Education.

  3

  4  The State Board of Education may shall provide by rule for a

  5  waiver of these requirements. The rule shall require that 90

  6  percent of those admitted to each teacher education program

  7  meet the requirements of this paragraph and that the program

  8  implement strategies to ensure that students admitted under a

  9  waiver receive assistance to demonstrate competencies to

10  successfully meet requirements for certification.

11         (4)  CONTINUED PROGRAM APPROVAL.--Notwithstanding

12  subsection (3), failure by a public or nonpublic teacher

13  preparation program to meet the criteria for continued program

14  approval shall result in loss of program approval. The

15  Department of Education, in collaboration with the departments

16  and colleges of education, shall develop procedures for

17  continued program approval which document the continuous

18  improvement of program processes and graduates' performance.

19         (a)  Continued approval of specific teacher preparation

20  programs at each public and nonpublic institution of higher

21  education within the state is contingent upon the passing of

22  the written examination required by s. 231.17 by at least 90

23  80 percent of the graduates of the program who take the

24  examination. On request of an institution, the Department of

25  Education shall provide an analysis of the performance of the

26  graduates of such institution with respect to the competencies

27  assessed by the examination required by s. 231.17.

28         (b)  Additional criteria for continued program approval

29  for public institutions may be developed by the Education

30  Standards Commission and approved by the State Board of

31  Education. Such criteria must emphasize outcome measures of


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  1  student performance in the areas of classroom management and

  2  improving the performance of students who have traditionally

  3  failed to meet student achievement goals and have been

  4  overrepresented in school suspensions and other disciplinary

  5  actions, and must may include, but need not be limited to,

  6  program graduates' satisfaction with training and the unit's

  7  responsiveness to local school districts. Additional criteria

  8  for continued program approval for nonpublic institutions

  9  shall be developed in the same manner as for public

10  institutions; however, such criteria must be based upon

11  significant, objective, and quantifiable graduate performance

12  measures. Responsibility for collecting data on outcome

13  measures through survey instruments and other appropriate

14  means shall be shared by the institutions of higher education,

15  the Board of Regents, the State Board of Independent Colleges

16  and Universities, and the Department of Education. By January

17  1 of each year, the Department of Education, in cooperation

18  with the Board of Regents and the State Board of Independent

19  Colleges and Universities, shall report this information for

20  each postsecondary institution that has state-approved

21  programs of teacher education to the Governor, the

22  Commissioner of Education, the Chancellor of the State

23  University System, the President of the Senate, the Speaker of

24  the House of Representatives, all Florida postsecondary

25  teacher preparation programs, and interested members of the

26  public. This report must analyze the data and make

27  recommendations for improving teacher preparation programs in

28  the state.

29         (c)  Beginning July 1, 1997, Continued approval for a

30  teacher preparation program is contingent upon the results of

31  annual reviews of the program conducted by the institution of


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  1  higher education, using procedures and criteria outlined in an

  2  institutional program evaluation plan approved by the

  3  Department of Education. This plan must incorporate the

  4  criteria established in paragraphs (a) and (b) and include

  5  provisions for involving primary stakeholders, such as program

  6  graduates, district school personnel, classroom teachers,

  7  principals, community agencies, and business representatives

  8  in the evaluation process. Upon request by an institution, the

  9  department shall provide assistance in developing, enhancing,

10  or reviewing the institutional program evaluation plan and

11  training evaluation team members.

12         (d)  Beginning July 1, 1997, Continued approval for a

13  teacher preparation program is contingent upon standards being

14  in place that are designed to adequately prepare elementary,

15  middle, and high school teachers to instruct their students in

16  higher-level mathematics concepts and in the use of technology

17  at the appropriate grade level.

18         (e)  Beginning July 1, 2000, continued approval of

19  teacher preparation programs is contingent upon compliance

20  with the student admission requirements of subsection (3) and

21  upon the receipt of at least a satisfactory rating from public

22  schools and nonpublic schools that employ graduates of the

23  program. Employer satisfaction shall be determined by an

24  annually administered survey instrument approved by the

25  Department of Education.

26         (f)  Beginning with the 2000-2001 academic year, each

27  public and private institution that offers a teacher

28  preparation program in this state must annually report

29  information regarding these programs to the state and the

30  general public. This information shall be reported in a

31  uniform and comprehensible manner that conforms with


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  1  definitions and methods proposed by the Education Standards

  2  Commission, that is consistent with definitions and methods

  3  approved by the Commissioner of the National Center for

  4  Educational Statistics, and that is approved by the State

  5  Board of Education. This information shall be reported through

  6  publications such as college and university catalogs and

  7  promotional materials sent to potential applicants, secondary

  8  school guidance counselors, and prospective employers of the

  9  institution's program graduates.

10         (5)  PRESERVICE FIELD EXPERIENCE.--All postsecondary

11  instructors, school district personnel and instructional

12  personnel, and school sites preparing instructional personnel

13  through preservice field experience courses and internships

14  shall meet special requirements.

15         (a)  All instructors in postsecondary teacher

16  preparation programs who instruct or supervise preservice

17  field experience courses or internships shall have at least

18  one of the following: specialized training in clinical

19  supervision; a valid professional teaching certificate

20  pursuant to ss. 231.17 and 231.24; or at least 3 years of

21  successful teaching experience in prekindergarten through

22  grade 12; or a commitment to spend periods of time specified

23  by State Board of Education rule teaching in the public

24  schools.

25         (b)  All school district personnel and instructional

26  personnel who supervise or direct teacher preparation students

27  during field experience courses or internships must have

28  evidence of "clinical educator" training and must successfully

29  demonstrate effective classroom management strategies that

30  consistently result in improved student performance. The

31


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  1  Education Standards Commission shall recommend, and the state

  2  board shall approve, the training requirements.

  3         (c)  Preservice field experience programs must provide

  4  specific guidance and demonstration of effective classroom

  5  management strategies, strategies for incorporating technology

  6  into classroom instruction, and ways to link instructional

  7  plans to the Sunshine State Standards, as appropriate. The

  8  length of structured field experiences may be extended to

  9  ensure that candidates achieve the competencies needed to meet

10  certification requirements.

11         (d)(c)  Postsecondary teacher preparation programs in

12  cooperation with district school boards and approved nonpublic

13  school associations shall select the school sites for

14  preservice field experience activities. These sites must

15  represent the full spectrum of school communities, including,

16  but not limited to, schools located in urban settings. In

17  order to be selected, school sites must demonstrate commitment

18  to the education of public school students and to the

19  preparation of future teachers. A nonpublic school

20  association, in order to be approved, must have a

21  state-approved master inservice program plan in accordance

22  with s. 236.0811.

23         Section 63.  Section 231.6135, Florida Statutes, is

24  created to read:

25         231.6135  Statewide system for inservice professional

26  development.--The intent of this section is to establish a

27  statewide system of professional development that provides a

28  wide range of targeted inservice training to teachers and

29  administrators designed to upgrade skills and knowledge needed

30  to reach world class standards in education.  The system shall

31  consist of a network of professional development academies in


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  1  each region of the state that are operated in partnership with

  2  area business partners to develop and deliver high-quality

  3  training programs purchased by school districts.  The

  4  academies shall be established to meet the human resource

  5  development needs of professional educators, schools, and

  6  school districts. Funds appropriated for the initiation of

  7  professional development academies shall be allocated by the

  8  Commissioner of Education, unless otherwise provided in an

  9  appropriations act. To be eligible for startup funds, the

10  academy must:

11         (1)  Be established by the collaborative efforts of one

12  or more district school boards, members of the business

13  community, and the postsecondary institutions which may award

14  college credits for courses taught at the academy.

15         (2)  Demonstrate the capacity to provide effective

16  training to improve teaching skills in the areas of elementary

17  reading and mathematics, the use of instructional technology,

18  high school algebra, and classroom management, and to deliver

19  such training using face-to-face, distance learning, and

20  individualized computer-based delivery systems.

21         (3)  Propose a plan for responding in an effective and

22  timely manner to the professional development needs of

23  teachers, administrators, schools, and school districts

24  relating to improving student achievement and meeting state

25  and local education goals.

26         (4)  Demonstrate the ability to provide high-quality

27  trainers and training, appropriate followup and coaching for

28  all participants, and support school personnel in positively

29  impacting student performance.

30         (5)  Be operated under contract with its public

31  partners and governed by an independent board of directors,


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  1  which should include at least one superintendent and one

  2  school board chairman from the participating school districts,

  3  the president of the collective bargaining unit that

  4  represents the majority of the region's teachers, and at least

  5  three individuals who are not employees or elected or

  6  appointed officials of the participating school districts.

  7         (6)  Be financed during the first year of operation by

  8  an equal or greater match from private funding sources and

  9  demonstrate the ability to be self-supporting within 1 year

10  after opening through fees for services, grants, or private

11  contributions.

12         (7)  Own or lease a facility that can be used to

13  deliver training onsite and through distance learning and

14  other technology-based delivery systems. The participating

15  district school boards may lease a site or facility to the

16  academy for a nominal fee and may pay all or part of the costs

17  of renovating a facility to accommodate the academy. The

18  academy is responsible for all operational, maintenance, and

19  repair costs.

20         (8)  Provide professional development services for the

21  participating school districts as specified in the contract

22  and may provide professional development services to other

23  school districts, private schools, and individuals on a

24  fee-for-services basis.

25         Section 64.  Section 231.601, Florida Statutes, is

26  repealed.

27         Section 65.  Section 230.2316, Florida Statutes, 1998

28  Supplement, is amended to read:

29         230.2316  Dropout prevention.--

30         (1)  SHORT TITLE.--This act may be cited as the

31  "Dropout Prevention and Academic Intervention Act."


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  1         (2)  INTENT.--The Legislature recognizes that a growing

  2  proportion of young people are not making successful

  3  transitions to productive adult lives. The Legislature further

  4  recognizes that traditional education programs which do not

  5  meet certain students' educational needs and interests may

  6  cause these students to become unmotivated, fail, be truant,

  7  be disruptive, or drop out of school. The Legislature finds

  8  that a child who does not complete his or her education is

  9  greatly limited in obtaining gainful employment, achieving his

10  or her full potential, and becoming a productive member of

11  society. Therefore, it is the intent of the Legislature to

12  authorize and encourage district school boards throughout the

13  state to develop and establish dropout prevention and academic

14  intervention activities designed to meet the needs of students

15  who do not perform well in traditional educational programs.

16  establish comprehensive dropout prevention programs. These

17  programs shall be designed to meet the needs of students who

18  are not effectively served by conventional education programs

19  in the public school system. It is further the intent of the

20  Legislature that cooperative agreements be developed among

21  school districts, other governmental and private agencies, and

22  community resources in order to implement innovative exemplary

23  programs aimed at reducing the number of students who do not

24  complete their education and increasing the number of students

25  who have a positive experience in school and obtain a high

26  school diploma.

27         (3)  STUDENT ELIGIBILITY AND PROGRAM CRITERIA.--

28         (a)  Dropout prevention and academic intervention

29  programs may shall differ from traditional education programs

30  and schools in scheduling, administrative structure,

31  philosophy, curriculum, or setting and shall employ


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  alternative teaching methodologies, curricula, learning

  2  activities, and or diagnostic and assessment procedures in

  3  order to meet the needs, interests, abilities, and talents of

  4  eligible students. The educational program shall provide

  5  curricula, character development and law education as provided

  6  in s. 233.0612, and related services which support the program

  7  goals and lead to improved performance in the areas of

  8  academic achievement, attendance, and discipline completion of

  9  a high school diploma. Student participation in such programs

10  shall be voluntary. Districts may, however, assign students to

11  a program for disruptive students. Notwithstanding any other

12  provision of law to the contrary, no student shall be

13  identified as being eligible to receive services funded

14  through the dropout prevention and academic intervention

15  program based solely on the student being from a single-parent

16  family. The minimum period of time during which the student

17  participates in the program shall be equivalent to two

18  instructional periods per day unless the program utilizes a

19  student support and assistance component rather than regularly

20  scheduled courses.

21         (b)  Students in grades 1-12 4-12 shall be eligible for

22  dropout prevention and academic intervention programs.

23  Eligible dropout prevention students shall be reported in the

24  appropriate basic cost factor for dropout prevention full-time

25  equivalent student membership in the Florida Education Finance

26  Program in standard dropout prevention classes or student

27  support and assistance components which provide academic

28  assistance and coordination of support services to students

29  enrolled full time in a regular classroom. The strategies and

30  supports provided to eligible students shall be funded through

31  the General Appropriations Act and may include, but are not


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  1  limited to those services identified on the student's academic

  2  intervention plan. The student support and assistance

  3  component shall include auxiliary services provided to

  4  students or teachers, or both. Students participating in this

  5  model shall generate funding only for the time that they

  6  receive extra services or auxiliary help.

  7         (c)  A student shall be identified as being eligible to

  8  receive services funded through the dropout prevention and

  9  academic intervention program a potential dropout based upon

10  one of the following criteria:

11         1.  The student is academically unsuccessful as

12  evidenced by low test scores, retention, failing grades, low

13  grade point average, falling behind in earning credits, or not

14  meeting the state or district proficiency levels in reading,

15  mathematics, or writing.

16         2.  The student has a pattern of excessive absenteeism

17  or has been identified as a habitual truant.

18         1.  The student has shown a lack of motivation in

19  school through grades which are not commensurate with

20  documented ability levels or high absenteeism or habitual

21  truancy as defined in s. 228.041(28).

22         2.  The student has not been successful in school as

23  determined by retentions, failing grades, or low achievement

24  test scores and has needs and interests that cannot be met

25  through traditional programs.

26         3.  The student has been identified as a potential

27  school dropout by student services personnel using district

28  criteria. District criteria that are used as a basis for

29  student referral to an educational alternatives program shall

30  identify specific student performance indicators that the

31  educational alternative program seeks to address.


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  1         4.  The student has documented drug-related or

  2  alcohol-related problems, or has immediate family members with

  3  documented drug-related or alcohol-related problems that

  4  adversely affect the student's performance in school.

  5         3. 5.  The student has a history of disruptive behavior

  6  in school or has committed an offense that warrants

  7  out-of-school suspension or expulsion from school according to

  8  the district code of student conduct. For the purposes of this

  9  program, "disruptive behavior" is behavior that:

10         a.  Interferes with the student's own learning or the

11  educational process of others and requires attention and

12  assistance beyond that which the traditional program can

13  provide or results in frequent conflicts of a disruptive

14  nature while the student is under the jurisdiction of the

15  school either in or out of the classroom; or

16         b.  Severely threatens the general welfare of students

17  or others with whom the student comes into contact.

18         6.  The student is assigned to a program provided

19  pursuant to chapter 39, chapter 984, or chapter 985 which is

20  sponsored by a state-based or community-based agency or is

21  operated or contracted for by the Department of Children and

22  Family Services or the Department of Juvenile Justice.

23         (d)1.  "Second chance schools" means school district

24  programs provided through cooperative agreements between the

25  Department of Juvenile Justice, private providers, state or

26  local law enforcement agencies, or other state agencies for

27  students who have been disruptive or violent or who have

28  committed serious offenses.  As partnership programs, second

29  chance schools are eligible for waivers by the Commissioner of

30  Education from chapters 230-235 and 239 and State Board of

31  Education rules that prevent the provision of appropriate


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  educational services to violent, severely disruptive, or

  2  delinquent students in small nontraditional settings or in

  3  court-adjudicated settings.

  4         2.  School districts seeking to enter into a

  5  partnership with a private entity or public entity to operate

  6  a second chance school for disruptive students may apply to

  7  the Department of Education for startup grants from the

  8  Department of Education. These grants must be available for 1

  9  year and must be used to offset the startup costs for

10  implementing such programs off public school campuses. General

11  operating funds must be generated through the appropriate

12  programs of the Florida Education Finance Program. Grants

13  approved under this program shall be for the full operation of

14  the school by a private nonprofit or for-profit provider or

15  the public entity. This program must operate under rules

16  adopted by the Department of Education and must be implemented

17  to the extent funded by the Legislature.

18         3. 2.  A student enrolled in a sixth, seventh, eighth,

19  ninth, or tenth grade class may be assigned to a second chance

20  school if the student meets the following criteria:

21         a.  The student is a habitual truant as defined in s.

22  228.041(28).

23         b.  The student's excessive absences have detrimentally

24  affected the student's academic progress and the student may

25  have unique needs that a traditional school setting may not

26  meet.

27         c.  The student's high incidences of truancy have been

28  directly linked to a lack of motivation.

29         d.  The student has been identified as at risk of

30  dropping out of school.

31


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  1         4. 3.  A student who is habitually truant may be

  2  assigned to a second chance school only if the case staffing

  3  committee, established pursuant to s. 984.12, determines that

  4  such placement could be beneficial to the student and the

  5  criteria included in subparagraph 2. are met.

  6         5. 4.  A student may be assigned to a second chance

  7  school if the school district in which the student resides has

  8  a second chance school and if the student meets one of the

  9  following criteria:

10         a.  The student habitually exhibits disruptive behavior

11  in violation of the code of student conduct adopted by the

12  school board.

13         b.  The student interferes with the student's own

14  learning or the educational process of others and requires

15  attention and assistance beyond that which the traditional

16  program can provide, or, while the student is under the

17  jurisdiction of the school either in or out of the classroom,

18  frequent conflicts of a disruptive nature occur.

19         c.  The student has committed a serious offense which

20  warrants suspension or expulsion from school according to the

21  district code of student conduct.  For the purposes of this

22  program, "serious offense" is behavior which:

23         (I)  Threatens the general welfare of students or

24  others with whom the student comes into contact;

25         (II)  Includes violence;

26         (III)  Includes possession of weapons or drugs; or

27         (IV)  Is harassment or verbal abuse of school personnel

28  or other students.

29         6. 5.  Prior to assignment of students to second chance

30  schools, school boards are encouraged to use alternative

31  programs, such as in-school suspension, which provide


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  1  instruction and counseling leading to improved student

  2  behavior, a reduction in the incidence of truancy, and the

  3  development of more effective interpersonal skills.

  4         7. 6.  Students assigned to second chance schools must

  5  be evaluated by the school's local child study team before

  6  placement in a second chance school. The study team shall

  7  ensure that students are not eligible for placement in a

  8  program for emotionally disturbed children.

  9         8. 7.  Students who exhibit academic and social

10  progress and who wish to return to a traditional school shall

11  complete a character development and law education program, as

12  provided in s. 233.0612, and demonstrate preparedness to

13  reenter the regular school setting be evaluated by school

14  district personnel prior to reentering a traditional school.

15         8.  Second chance schools shall be funded at the

16  dropout prevention program weight pursuant to s. 236.081 and

17  may receive school safety funds or other funds as appropriate.

18         (4)  PROGRAM IMPLEMENTATION.--

19         (a)  Each district may establish one or more

20  alternative programs for dropout prevention and academic

21  intervention programs at the elementary, middle, junior high

22  school, or high school level.  Programs designed to eliminate

23  patterns of excessive absenteeism or habitual truancy shall

24  emphasize academic performance and may provide specific

25  instruction in the areas of vocational education,

26  preemployment training, and behavioral management. Such

27  programs shall utilize instructional teaching methods

28  appropriate to the specific needs of the student.

29         (b)  Each school that establishes or continues a

30  dropout prevention and academic intervention program at that

31


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  school site shall reflect that program in the school

  2  improvement plan as required under s. 230.23(16).

  3         (c)  Districts may modify courses listed in the State

  4  Course Code Directory for the purpose of providing dropout

  5  prevention programs pursuant to the provisions of this

  6  section.

  7         (5)  EVALUATION.--Each school district receiving state

  8  funding for dropout prevention and academic intervention

  9  programs through the General Appropriations Act Florida

10  Education Finance Program shall submit information through an

11  annual report to the Department of Education's database

12  documenting the extent to which each of the district's dropout

13  prevention and academic intervention programs has been

14  successful in the areas of graduation rate, dropout rate,

15  attendance rate, and retention/promotion rate. The department

16  shall compile this information into an annual report which

17  shall be submitted to the presiding officers of the

18  Legislature by February 15.

19         (6)  STAFF DEVELOPMENT.--Each school district shall

20  establish procedures for ensuring that teachers assigned to

21  dropout prevention and academic intervention programs possess

22  the affective, pedagogical, and content-related skills

23  necessary to meet the needs of these at-risk students. Each

24  school board shall also ensure that adequate staff development

25  activities are available for dropout prevention staff and that

26  dropout prevention staff participate in these activities.

27         (7)  RECORDS.--Each district providing a program for

28  dropout prevention and academic intervention program pursuant

29  to the provisions of this section shall maintain for each

30  participating student for whom funding is generated through

31  the Florida Education Finance Program records documenting the


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  student's eligibility, the length of participation, the type

  2  of program to which the student was assigned or the type of

  3  academic intervention services provided, and an evaluation of

  4  the student's academic and behavioral performance while in the

  5  program. The school principal or his or her designee shall,

  6  prior to placement in a dropout prevention and academic

  7  intervention program or the provision of an academic service,

  8  provide written notice of placement or services by certified

  9  mail, return receipt requested, to the student's parent,

10  guardian, or legal custodian. The parent, guardian, or legal

11  custodian of the student shall sign an acknowledgment of the

12  notice of placement or service and return the signed

13  acknowledgement to the principal within 3 days after receipt

14  of the notice. The parents or guardians of a student assigned

15  to such a dropout prevention and academic intervention program

16  shall be notified in writing and entitled to an administrative

17  review of any action by school personnel relating to such

18  placement pursuant to the provisions of chapter 120.

19         (8)  COORDINATION WITH OTHER AGENCIES.--School district

20  dropout prevention and academic intervention programs shall be

21  coordinated with social service, law enforcement,

22  prosecutorial, and juvenile justice agencies and juvenile

23  assessment centers in the school district. Notwithstanding the

24  provisions of s. 228.093, these agencies are authorized to

25  exchange information contained in student records and juvenile

26  justice records. Such information is confidential and exempt

27  from the provisions of s. 119.07(1). School districts and

28  other agencies receiving such information shall use the

29  information only for official purposes connected with the

30  certification of students for admission to and for the

31  administration of the dropout prevention and academic


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  intervention program, and shall maintain the confidentiality

  2  of such information unless otherwise provided by law or rule.

  3         (9)  RULES.--The Department of Education shall have the

  4  authority pursuant to ss. 120.536(1) and 120.54 to adopt any

  5  rules necessary to implement the provisions of this section;

  6  such rules shall require the minimum amount of necessary

  7  paperwork and reporting necessary to comply with this act.

  8         Section 66.  Section 231.085, Florida Statutes, is

  9  amended to read:

10         231.085  Duties of principals.--A district school board

11  shall employ, through written contract, public school

12  principals who shall supervise the operation and management of

13  the schools and property as the board determines necessary.

14  Each principal shall perform such duties as may be assigned by

15  the superintendent pursuant to the rules of the school board.

16  Such rules shall include, but not be limited to, rules

17  relating to administrative responsibility, instructional

18  leadership of the educational program of the school to which

19  the principal is assigned, submission of personnel

20  recommendations to the superintendent, administrative

21  responsibility for records and reports, administration of

22  corporal punishment, and student suspension.  Each principal

23  shall provide leadership in the development or revision and

24  implementation of a school improvement plan pursuant to s.

25  230.23(16). Each principal must make the necessary provisions

26  to ensure that all school reports are accurate and timely, and

27  must provide the necessary training opportunities for staff to

28  accurately report attendance, FTE program participation,

29  student performance, teacher appraisal, and school safety and

30  discipline data. A principal who fails to comply with this

31


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  section shall be ineligible for any portion of the performance

  2  pay policy incentive under s. 230.23(5)(c).

  3         Section 67.  Section 232.001, Florida Statutes, is

  4  created to read:

  5         232.001  Pilot project.--It is the purpose of this

  6  section to require the Manatee County District School Board to

  7  implement a pilot project that raises the compulsory age of

  8  attendance for children from the age of 16 years to the age of

  9  18 years. The pilot project applies to each child who has not

10  attained the age of 16 years by September 30 of the school

11  year in which a school board policy is adopted.

12         (1)  Beginning July 1, 1999, the Manatee County

13  District School Board shall implement a pilot project

14  consistent with policy adopted by the school board to raise

15  the compulsory age of attendance for children from the age of

16  16 years to the age of 18 years.

17         (2)  The district school board must, before the

18  beginning of the school year, adopt a policy for raising the

19  compulsory age of attendance for children from the age of 16

20  years to 18 years.

21         (a)  Before the adoption of the policy, the district

22  school board must provide a notice of intent to adopt a policy

23  to raise the compulsory age of attendance for children from

24  the age of 16 years to the age of 18 years. The notice must be

25  provided to the parent or legal guardian of each child who is

26  15 years of age and who is enrolled in a school in the

27  district.

28         (b)  Within 2 weeks after adoption of the school board

29  policy, the district school board must provide notice of the

30  policy to the parent or legal guardian of each child who is 15

31  years of age and who is enrolled in a school in the district.


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  The notice must also provide information related to the

  2  penalties for refusing or failing to comply with the

  3  compulsory attendance requirements and information on

  4  alternative education programs offered within the school

  5  district.

  6         (3)  All state laws and State Board of Education rules

  7  related to students subject to compulsory school attendance

  8  apply to the district school board. Notwithstanding the

  9  provisions of s. 232.01, the formal declaration of intent to

10  terminate school enrollment does not apply to the district

11  school board.

12         (4)  The school board must evaluate the effect of its

13  adopted policy raising the compulsory age of attendance on

14  school attendance and on the school district's dropout rate,

15  as well as on the costs associated with the pilot project. The

16  school district shall report its findings to the President of

17  the Senate, the Speaker of the House of Representatives, the

18  minority leader of each house of the Legislature, the

19  Governor, and the Commissioner of Education not later than

20  August 1 following each year that the pilot project is in

21  operation.

22         Section 68.  Subsection (2) of section 232.09, Florida

23  Statutes, is amended to read:

24         232.09  Parents and legal guardians responsible for

25  attendance of children; attendance policy.--

26         (2)  Each parent and legal guardian of a child within

27  the compulsory attendance age is responsible for the child's

28  school attendance as required by law.  The absence of a child

29  from school is prima facie evidence of a violation of this

30  section; however, criminal prosecution under this chapter may

31  not be brought against a parent, guardian, or other person


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  having control of the child until the provisions of s.

  2  232.17(2) have been complied with. A parent or guardian of a

  3  child is not responsible for the child's nonattendance at

  4  school under any of the following conditions:

  5         (a)  With permission.--The absence was with permission

  6  of the head of the school; or

  7         (b)  Without knowledge.--The absence was without the

  8  parent's knowledge, consent, or connivance, in which case the

  9  child shall be dealt with as a dependent child; or

10         (c)  Financial inability.--The parent was unable

11  financially to provide necessary clothes for the child, which

12  inability was reported in writing to the superintendent prior

13  to the opening of school or immediately after the beginning of

14  such inability; provided, that the validity of any claim for

15  exemption under this subsection shall be determined by the

16  superintendent subject to appeal to the school board; or

17         (d)  Sickness, injury, or other insurmountable

18  condition.--Attendance was impracticable or inadvisable on

19  account of sickness or injury, attested to by a written

20  statement of a licensed practicing physician, or was

21  impracticable because of some other stated insurmountable

22  condition as defined by rules of the state board. If a student

23  is continually sick and repeatedly absent from school, he or

24  she must be under the supervision of a physician in order to

25  receive an excuse from attendance. Such excuse provides that a

26  student's condition justifies absence for more than the number

27  of days permitted by the district school board.

28

29  Each district school board shall establish an attendance

30  policy which includes, but is not limited to, the required

31  number of days each school year that a student must be in


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  attendance and the number of absences and tardinesses after

  2  which a statement explaining such absences and tardinesses

  3  must be on file at the school.  Each school in the district

  4  must determine if an absence or tardiness is excused or

  5  unexcused according to criteria established by the district

  6  school board.

  7         Section 69.  Section 232.17, Florida Statutes, 1998

  8  Supplement, is amended to read:

  9         232.17  Enforcement of school attendance.--The

10  Legislature finds that poor academic performance is associated

11  with nonattendance and that schools must take an active role

12  in enforcing attendance as a means of improving the

13  performance of many students. It is the policy of the state

14  that the superintendent of each school district be responsible

15  for enforcing school attendance of all children and youth

16  subject to the compulsory school age in the school district.

17  The responsibility includes recommending to the school board

18  policies and procedures to ensure that schools respond in a

19  timely manner to every unexcused absence, or absence for which

20  the reason is unknown, of students enrolled in the schools.

21  School board policies must require each parent or guardian of

22  a student to justify each absence of the student, and that

23  justification will be evaluated based on adopted school board

24  policies that define excused and unexcused absences. The

25  policies must provide that schools track excused and unexcused

26  absences and contact the home in the case of an unexcused

27  absence from school, or an absence from school for which the

28  reason is unknown, to prevent the development of patterns of

29  nonattendance. The Legislature finds that early intervention

30  in school attendance matters is the most effective way of

31  producing good attendance habits that will lead to improved


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  student learning and achievement. Each public school shall

  2  implement the following steps to enforce regular school

  3  attendance:

  4         (1)  CONTACT, REFER, AND ENFORCE.--

  5         (a)  Upon each unexcused absence, or absence for which

  6  the reason is unknown, the school principal or his or her

  7  designee shall contact the student's parent or guardian to

  8  determine the reason for the absence. If the absence is an

  9  excused absence, as defined by school board policy, the school

10  shall provide opportunities for the student to make up

11  assigned work and not receive an academic penalty unless the

12  work is not made up within a reasonable time.

13         (b)  If a student has had at least five unexcused

14  absences, or absences for which the reasons are unknown,

15  within a calendar month or 10 unexcused absences, or absences

16  for which the reasons are unknown, within a 90-calendar-day

17  period, the student's primary teacher shall report to the

18  school principal or his or her designee that the student may

19  be exhibiting a pattern of nonattendance. The principal shall,

20  unless there is clear evidence that the absences are not a

21  pattern of nonattendance, refer the case to the school's child

22  study team to determine if early patterns of truancy are

23  developing. If the child study team finds that a pattern of

24  nonattendance is developing, whether the absences are excused

25  or not, a meeting with the parent must be scheduled to

26  identify potential remedies.

27         (c)  If an initial meeting does not resolve the

28  problem, the child study team shall implement interventions

29  that best address the problem. The interventions may include,

30  but need not be limited to:

31


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         1.  Frequent communication between the teacher and the

  2  family;

  3         2.  Changes in the learning environment;

  4         3.  Mentoring;

  5         4.  Student counseling;

  6         5.  Tutoring, including peer tutoring;

  7         6.  Placement into different classes;

  8         7.  Evaluation for alternative education programs;

  9         8.  Attendance contracts;

10         9.  Referral to other agencies for family services; or

11         10.  Other interventions.

12         (d)  The child study team shall be diligent in

13  facilitating intervention services and shall report the case

14  to the superintendent only when all reasonable efforts to

15  resolve the nonattendance behavior are exhausted.

16         (e)  If the parent, guardian, or other person in charge

17  of the child refuses to participate in the remedial strategies

18  because he or she believes that those strategies are

19  unnecessary or inappropriate, the parent, guardian, or other

20  person in charge of the child may appeal to the school board.

21  The school board may provide a hearing officer and the hearing

22  officer shall make a recommendation for final action to the

23  board. If the board's final determination is that the

24  strategies of the child study team are appropriate, and the

25  parent, guardian, or other person in charge of the child still

26  refuses to participate or cooperate, the superintendent may

27  seek criminal prosecution for noncompliance with compulsory

28  school attendance.

29         (f)  If a child subject to compulsory school attendance

30  will not comply with attempts to enforce school attendance,

31  the parent, the guardian, or the superintendent or his or her


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  designee shall refer the case to the case staffing committee

  2  pursuant to s. 984.12, and the superintendent or his or her

  3  designee may file a truancy petition pursuant to the

  4  procedures in s. 984.151. Pursuant to procedures established

  5  by the district school board, a designated school

  6  representative must complete activities designed to determine

  7  the cause and attempt the remediation of truant behavior, as

  8  provided in this section.

  9         (1)  INVESTIGATE NONENROLLMENT AND UNEXCUSED

10  ABSENCES.--A designated school representative shall

11  investigate cases of nonenrollment and unexcused absences from

12  school of all children subject to compulsory school

13  attendance.

14         (2)  GIVE WRITTEN NOTICE.--

15         (a)  Under the direction of the superintendent, a

16  designated school representative shall give written notice, in

17  person or by return-receipt mail, to the parent, guardian, or

18  other person having control when no valid reason is found for

19  a child's nonenrollment in school which requires or when the

20  child has a minimum of 3 but fewer than 6 unexcused absences

21  within 90 calendar days, requiring enrollment or attendance

22  within 3 days after the date of notice. If the notice and

23  requirement are ignored, the designated school representative

24  shall report the case to the superintendent, and may refer the

25  case to the case staffing committee, established pursuant to

26  s. 984.12, if the conditions of s. 232.19(3) have been met.

27  The superintendent shall may take such steps as are necessary

28  to bring criminal prosecution against the parent, guardian, or

29  other person having control.

30         (b)  Subsequent to the activities required under

31  subsection (1), the superintendent or his or her designee


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  shall give written notice in person or by return-receipt mail

  2  to the parent, guardian, or other person in charge of the

  3  child that criminal prosecution is being sought for

  4  nonattendance. The superintendent may file a truancy petition,

  5  as defined in s. 984.03, following the procedures outlined in

  6  s. 984.151.

  7         (3)  RETURN CHILD TO PARENT.--A designated school

  8  representative shall visit the home or place of residence of a

  9  child and any other place in which he or she is likely to find

10  any child who is required to attend school when such child is

11  not enrolled or is absent from school during school hours

12  without an excuse, and, when the child is found, shall return

13  the child to his or her parent or to the principal or teacher

14  in charge of the school, or to the private tutor from whom

15  absent, or to the juvenile assessment center or other location

16  established by the school board to receive students who are

17  absent from school. Upon receipt of the student, the parent

18  shall be immediately notified.

19         (4)  REPORT TO THE DIVISION OF JOBS AND BENEFITS.--A

20  designated school representative shall report to the Division

21  of Jobs and Benefits of the Department of Labor and Employment

22  Security or to any person acting in similar capacity who may

23  be designated by law to receive such notices, all violations

24  of the Child Labor Law that may come to his or her knowledge.

25         (5)  RIGHT TO INSPECT.--A designated school

26  representative shall have the same right of access to, and

27  inspection of, establishments where minors may be employed or

28  detained as is given by law to the Division of Jobs and

29  Benefits only for the purpose of ascertaining whether children

30  of compulsory school age are actually employed there and are

31  actually working there regularly. The designated school


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  representative shall, if he or she finds unsatisfactory

  2  working conditions or violations of the Child Labor Law,

  3  report his or her findings to the Division of Jobs and

  4  Benefits or its agents.

  5         (6)  RESUMING SERIES.--If a child repeats a pattern of

  6  nonattendance within one school year, the designated school

  7  representative shall resume the series of escalating

  8  activities at the point at which he or she had previously left

  9  off.

10         Section 70.  Subsection (3) of section 232.19, Florida

11  Statutes, 1998 Supplement, is amended to read:

12         232.19  Court procedure and penalties.--The court

13  procedure and penalties for the enforcement of the provisions

14  of this chapter, relating to compulsory school attendance,

15  shall be as follows:

16         (3)  HABITUAL TRUANCY CASES.--The superintendent is

17  authorized to file a truancy petition, as defined in s.

18  984.03, following the procedures outlined in s. 984.151. If

19  the superintendent chooses not to file a truancy petition,

20  procedures for filing a child-in-need-of-services petition

21  shall be commenced pursuant to this subsection and chapter

22  984. In accordance with procedures established by the district

23  school board, the designated school representative shall refer

24  a student who is habitually truant and the student's family to

25  the children-in-need-of-services and

26  families-in-need-of-services provider or the case staffing

27  committee, established pursuant to s. 984.12, as determined by

28  the cooperative agreement required in this section.  The case

29  staffing committee may request the Department of Juvenile

30  Justice or its designee to file a child-in-need-of-services

31  petition based upon the report and efforts of the school


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  district or other community agency or may seek to resolve the

  2  truant behavior through the school or community-based

  3  organizations or agencies. Prior to and subsequent to the

  4  filing of a child-in-need-of-services petition due to habitual

  5  truancy, the appropriate governmental agencies must allow a

  6  reasonable time to complete actions required by this section

  7  and s. 232.17 subsection to remedy the conditions leading to

  8  the truant behavior. The following criteria must be met and

  9  documented in writing Prior to the filing of a petition, the

10  school district must have complied with the requirements of s.

11  232.17, and those efforts must have been unsuccessful.:

12         (a)  The child must have 15 unexcused absences within

13  90 calendar days with or without the knowledge or consent of

14  the child's parent or legal guardian, must be subject to

15  compulsory school attendance, and must not be exempt under s.

16  232.06, s. 232.09, or any other exemption specified by law or

17  the rules of the State Board of Education.

18         (b)  In addition to the actions described in s. 232.17,

19  the school administration must have completed the following

20  activities to determine the cause, and to attempt the

21  remediation, of the child's truant behavior:

22         1.  After a minimum of 3 and prior to 6 unexcused

23  absences within 90 calendar days, one or more meetings must

24  have been held, either in person or by phone, between a

25  designated school representative, the child's parent or

26  guardian, and the child, if necessary, to report and to

27  attempt to solve the truancy problem. However, if the

28  designated school representative has documented the refusal of

29  the parent or guardian to participate in the meetings, this

30  requirement has been met.

31


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         2.  Educational counseling must have been provided to

  2  determine whether curriculum changes would help solve the

  3  truancy problem, and, if any changes were indicated, such

  4  changes must have been instituted but proved unsuccessful in

  5  remedying the truant behavior. Such curriculum changes may

  6  include enrollment of the child in a dropout prevention

  7  program that meets the specific educational and behavioral

  8  needs of the child, including a second chance school, as

  9  provided for in s. 230.2316, designed to resolve truant

10  behavior.

11         3.  Educational evaluation, which may include

12  psychological evaluation, must have been provided to assist in

13  determining the specific condition, if any, that is

14  contributing to the child's nonattendance.  The evaluation

15  must have been supplemented by specific efforts by the school

16  to remedy any diagnosed condition.

17

18  If a child who is subject to compulsory school attendance is

19  responsive to the interventions described in this paragraph

20  and has completed the necessary requirements to pass the

21  current grade as indicated in the district pupil progression

22  plan, the child shall be passed.

23         Section 71.  Subsection (3) of section 232.271, Florida

24  Statutes, is amended to read:

25         232.271  Removal by teacher.--

26         (3)  If a teacher removes a student from class under

27  subsection (2), the principal may place the student in another

28  appropriate classroom, in in-school suspension, or in a

29  dropout prevention and academic intervention program as

30  provided by s. 230.2316; or the principal may recommend the

31  student for out-of-school suspension or expulsion, as


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  appropriate. The student may be prohibited from attending or

  2  participating in school-sponsored or school-related

  3  activities. The principal may not return the student to that

  4  teacher's class without the teacher's consent unless the

  5  committee established under s. 232.272 determines that such

  6  placement is the best or only available alternative. The

  7  teacher and the placement review committee must render

  8  decisions within 5 days of the removal of the student from the

  9  classroom.

10         Section 72.  Effective July 1, 1999, paragraph (a) of

11  subsection (1) of section 236.081, Florida Statutes, 1998

12  Supplement, is amended to read:

13         236.081  Funds for operation of schools.--If the annual

14  allocation from the Florida Education Finance Program to each

15  district for operation of schools is not determined in the

16  annual appropriations act or the substantive bill implementing

17  the annual appropriations act, it shall be determined as

18  follows:

19         (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR

20  OPERATION.--The following procedure shall be followed in

21  determining the annual allocation to each district for

22  operation:

23         (a)  Determination of full-time equivalent

24  membership.--During each of several school weeks, including

25  scheduled intersessions of a year-round school program during

26  the fiscal year, a program membership survey of each school

27  shall be made by each district by aggregating the full-time

28  equivalent student membership of each program by school and by

29  district. The department shall establish the number and

30  interval of membership calculations, except that for basic and

31  special programs such calculations shall not exceed nine for


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  any fiscal year. The district's full-time equivalent

  2  membership shall be computed and currently maintained in

  3  accordance with regulations of the commissioner. Beginning

  4  with the 1999-2000 school year, each school district shall

  5  also document the daily attendance of each student in

  6  membership by school and by district. An average daily

  7  attendance factor shall be computed by dividing the total

  8  daily attendance of all students by the total number of

  9  students in membership and then by the number of days in the

10  regular school year. Beginning with the 2001-2002 school year,

11  the district's full-time equivalent membership shall be

12  adjusted by multiplying by the average daily attendance

13  factor.

14         Section 73.  Paragraph (a) of subsection (4) of section

15  239.505, Florida Statutes, is amended to read:

16         239.505  Florida Constructive Youth Programs.--

17         (4)  FUNDING.--Each district school board or community

18  college board of trustees wishing to implement a constructive

19  youth program must submit a comprehensive plan to the

20  Department of Education no later than October 1 of the

21  preceding school year, which plan must include a list of all

22  funding sources, including, but not limited to:

23         (a)  Funds available for programs authorized under the

24  Dropout Prevention and Academic Intervention Act, as provided

25  in s. 230.2316, and Dropout prevention programs funded

26  pursuant to the provisions of s. 236.081(1)(c).

27         Section 74.  Subsection (29) of section 984.03, Florida

28  Statutes, 1998 Supplement, is amended, present subsection (57)

29  of that section is redesignated as subsection (58), and a new

30  subsection (57) is added to that section, to read:

31


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1         984.03  Definitions.--When used in this chapter, the

  2  term:

  3         (29)  "Habitually truant" means that:

  4         (a)  The child has 15 unexcused absences within 90

  5  calendar days with or without the knowledge or justifiable

  6  consent of the child's parent or legal guardian, is subject to

  7  compulsory school attendance under s. 232.01, and is not

  8  exempt under s. 232.06, s. 232.09, or any other exemptions

  9  specified by law or the rules of the State Board of Education.

10         (b)  Escalating Activities to determine the cause, and

11  to attempt the remediation, of the child's truant behavior

12  under ss. 232.17 and 232.19 have been completed.

13

14  If a child who is subject to compulsory school attendance is

15  responsive to the interventions described in ss. 232.17 and

16  232.19 and has completed the necessary requirements to pass

17  the current grade as indicated in the district pupil

18  progression plan, the child shall not be determined to be

19  habitually truant and shall be passed. If a child within the

20  compulsory school attendance age has 15 unexcused absences

21  within 90 calendar days or fails to enroll in school, the

22  State Attorney may, or the appropriate jurisdictional agency

23  shall, file a child-in-need-of-services petition if

24  recommended by the case staffing committee, unless it is

25  determined that another alternative action is preferable.

26  Prior to filing a petition, the child must be referred to the

27  appropriate agency for evaluation. After consulting with the

28  evaluating agency, the State Attorney may elect to file a

29  child-in-need-of-services petition.

30         (c)  A school representative, designated according to

31  school board policy, and a juvenile probation officer of the


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  Department of Juvenile Justice have jointly investigated the

  2  truancy problem or, if that was not feasible, have performed

  3  separate investigations to identify conditions that may be

  4  contributing to the truant behavior; and if, after a joint

  5  staffing of the case to determine the necessity for services,

  6  such services were determined to be needed, the persons who

  7  performed the investigations met jointly with the family and

  8  child to discuss any referral to appropriate community

  9  agencies for economic services, family or individual

10  counseling, or other services required to remedy the

11  conditions that are contributing to the truant behavior.

12         (d)  The failure or refusal of the parent or legal

13  guardian or the child to participate, or make a good faith

14  effort to participate, in the activities prescribed to remedy

15  the truant behavior, or the failure or refusal of the child to

16  return to school after participation in activities required by

17  this subsection, or the failure of the child to stop the

18  truant behavior after the school administration and the

19  Department of Juvenile Justice have worked with the child as

20  described in s. 232.19(3) and (4) shall be handled as

21  prescribed in s. 232.19.

22         (57)  "Truancy petition" means a petition filed by the

23  school superintendent alleging that a student subject to

24  compulsory school attendance has had more than 15 unexcused

25  absences in a 90-calendar-day period. A truancy petition is

26  filed and processed under s. 984.151.

27         Section 75.  Section 984.151, Florida Statutes, is

28  created to read:

29         984.151  Truancy petition; prosecution; disposition.--

30         (1)  If the school determines that a student subject to

31  compulsory school attendance has had more than 15 unexcused


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                            CS/HBs 751, 753 & 755, Third Engrossed



  1  absences in a 90-calendar-day period, the superintendent may

  2  file a truancy petition.

  3         (2)  The petition shall be filed in the circuit in

  4  which the student is enrolled in school.

  5         (3)  Original jurisdiction to hear a truancy petition

  6  shall be in the circuit court; however, the circuit court may

  7  use a general or special master pursuant to Supreme Court

  8  rules.

  9         (4)  The petition must contain the following:  the

10  name, age, and address of the student; the name and address of

11  the student's parent or guardian; the school where the student

12  is enrolled; the efforts the school has made to get the

13  student to attend school; the number of out-of-school contacts

14  between the school system and student's parent or guardian;

15  and the number of days and dates of days the student has

16  missed school.  The petition shall be sworn to by the

17  superintendent or his or her designee.

18         (5)  Once the petition is filed, the court shall hear

19  the petition within 30 days.

20         (6)  The student and the student's parent or guardian

21  shall attend the hearing.

22         (7)  If the court determines that the student did miss

23  any of the alleged days, the court shall order the student to

24  attend school and the parent to ensure that the student

25  attends school, and may order any of the following:  the

26  student to participate in alternative sanctions to include

27  mandatory attendance at alternative classes to be followed by

28  mandatory community services hours for a period up to 6

29  months; the student and the student's parent or guardian to

30  participate in homemaker or parent aide services; the student

31  or the student's parent or guardian to participate in


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






                            CS/HBs 751, 753 & 755, Third Engrossed



  1  intensive crisis counseling; the student or the student's

  2  parent or guardian to participate in community mental health

  3  services if available and applicable; the student and the

  4  student's parent or guardian to participate in service

  5  provided by voluntary or community agencies as available; and

  6  the student or the student's parent or guardian to participate

  7  in vocational, job training, or employment services.

  8         (8)  If the student does not successfully complete the

  9  sanctions ordered in subsection (7), the case shall be

10  referred to the case staffing committee under s. 984.12 with a

11  recommendation to file a child-in-need-of-services petition

12  under s. 984.15.

13         Section 76.  The State Board of Education shall adopt

14  such rules as necessary to ensure that not-for-profit,

15  professional teacher associations which offer membership to

16  all teachers, noninstructional personnel, and administrators,

17  and which offer teacher training and staff development at no

18  fee to the district shall be given equal access to voluntary

19  teacher meetings, be provided access to teacher mailboxes for

20  distribution of professional literature, and be authorized to

21  collect voluntary membership fees through payroll deduction.

22         Section 77.  If any provision of this act or the

23  application thereof to any person or circumstance is held

24  invalid, the invalidity shall not affect other provisions or

25  applications of the act which can be given effect without the

26  invalid provision or application, and to this end the

27  provisions of this act are declared severable.

28         Section 78.  Except as otherwise provided herein, this

29  act shall take effect upon becoming a law.

30

31


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