Senate Bill sb2488

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    Florida Senate - 2002                                  SB 2488

    By Senator Sullivan





    22-1406-02

  1                      A bill to be entitled

  2         An act relating to public school student

  3         progression; amending s. 232.245, F.S.;

  4         revising guidelines for allocation of school

  5         district remedial and supplemental instruction

  6         resources; prescribing content of academic

  7         improvement plans; requiring parental

  8         notification of reading deficiency; prohibiting

  9         social promotion and providing standards for

10         exemptions from mandatory-retention

11         requirements; requiring reports by district

12         school boards; providing powers and duties of

13         the State Board of Education with respect to

14         enforcement of mandatory retention; providing

15         an effective date.

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

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19         Section 1.  Section 232.245, Florida Statutes, is

20  amended to read:

21         232.245  Public school student Pupil progression;

22  remedial instruction; reporting requirements.--

23         (1)  INTENT.--It is the intent of the Legislature that

24  each student's progression from one grade to another be

25  determined, in part, upon proficiency in reading, writing,

26  science, and mathematics; that school district policies

27  facilitate such proficiency; and that each student and his or

28  her parent or legal guardian be informed of that student's

29  academic progress.

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  1         (2)  COMPREHENSIVE PROGRAM.--Each district school board

  2  shall establish a comprehensive program for student pupil

  3  progression which must include:

  4         (a)  Standards for evaluating each student's pupil's

  5  performance, including how well he or she masters the

  6  performance standards approved by the State Board of Education

  7  according to s. 229.565; and

  8         (b)  Specific levels of performance in reading,

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

10  including the levels of performance on statewide assessments

11  as defined by the Commissioner of Education, below which a

12  student must receive remediation, or be retained within an

13  intensive program that is different from the previous year's

14  program and that takes into account the student's learning

15  style; and.

16         (c)  Appropriate alternative placement for a student

17  who has been retained 2 or more years.

18         (3)  ALLOCATION OF RESOURCES.--District. No student may

19  be assigned to a grade level based solely on age or other

20  factors that constitute social promotion. school boards shall

21  allocate remedial and supplemental instruction resources to

22  the following priorities:

23         (a)  Students who are deficient in reading by the end

24  of grade 3.

25         (b)  first to Students who fail to meet achievement

26  performance levels required for promotion consistent with the

27  district school board's plan for student progression required

28  in paragraph (2)(b). The state board shall adopt rules to

29  prescribe limited circumstances in which a student may be

30  promoted without meeting the specific assessment performance

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

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  1  Such rules shall specifically address the promotion of

  2  students with limited English proficiency and students with

  3  disabilities. A school district must consider an appropriate

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

  5  more years.

  6         (4)(3)  ASSESSMENT AND REMEDIATION.--

  7         (a)  Each student must participate in the statewide

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

  9  not meet specific levels of performance as determined by the

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

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

12  specific levels of performance, determined by the Commissioner

13  of Education, on statewide assessments at selected grade

14  levels, must be provided with additional diagnostic

15  assessments to determine the nature of the student's

16  difficulty and areas of academic need.

17         (b)  The school in which the student is enrolled must

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

19  guardian, and must implement an academic improvement plan

20  designed to assist the student in meeting state and district

21  expectations for proficiency. Beginning with the 2002-2003

22  school year, if the student has been identified as having a

23  deficiency in reading, the academic improvement plan shall

24  describe the student's specific areas of deficiency in

25  phonemic awareness, phonics, fluency, comprehension, and

26  vocabulary; the desired levels of performance in these areas;

27  and the instructional and support services to be provided to

28  help the student meet the desired levels of performance.

29  Schools shall also provide for the frequent monitoring of the

30  student's progress in meeting the desired levels of

31  performance. District school boards shall assist schools and

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  1  teachers in implementing research-based reading activities

  2  that have been shown to be successful in teaching reading to

  3  low-performing students. Each plan must include the provision

  4  of intensive remedial instruction in the areas of weakness.

  5  Remedial instruction provided during high school may not be in

  6  lieu of English and mathematics credits required for

  7  graduation.

  8         (c)  Upon subsequent evaluation, if the documented

  9  deficiency has not been remediated corrected in accordance

10  with the academic improvement plan, the student may be

11  retained. Each student who does not meet the minimum

12  performance expectations defined by the Commissioner of

13  Education for the statewide assessment tests in reading,

14  writing, science, and mathematics must continue to be provided

15  with remedial or supplemental instruction until the

16  expectations are met or the student graduates from high school

17  or is not subject to compulsory school attendance.

18         (5)  READING DEFICIENCY AND PARENTAL NOTIFICATION.--

19         (a)  It is the ultimate goal of the Legislature that

20  every student read at or above grade level. Any student who

21  exhibits a substantial deficiency in reading, based upon

22  locally determined or statewide assessments conducted in

23  kindergarten, grade 1, grade 2, or grade 3, or through teacher

24  observations, must be given intensive reading instruction

25  immediately following the identification of the reading

26  deficiency. The student's reading proficiency must be

27  reassessed by locally determined assessments or through

28  teacher observations at the beginning of the grade following

29  the intensive reading instruction. The student must continue

30  to be provided with intensive reading instruction until the

31  reading deficiency is remedied.

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  1         (b)  Beginning with the 2002-2003 school year, if the

  2  student's reading deficiency, as identified in paragraph (a),

  3  is not remediated by the end of grade 3, as demonstrated by

  4  scoring at level 2 or higher on the statewide assessment test

  5  in reading for grade 3, the student must be retained.

  6         (c)  Beginning with the 2002-2003 school year, the

  7  parent of any student who exhibits a substantial deficiency in

  8  reading, as described in paragraph (a), must be given, in

  9  writing:

10         1.  Notice that his or her child has been identified as

11  having a substantial deficiency in reading;

12         2.  A description of the current services that are

13  provided to the child;

14         3.  A description of the proposed supplemental

15  instructional services and supports that will be provided to

16  the child which are designed to remediate the identified area

17  of reading deficiency; and

18         4.  Notice that, if the child's reading deficiency is

19  not remediated by the end of grade 3, the child must be

20  retained unless the student is exempt for good cause from

21  mandatory retention.

22         (4)  Any student who exhibits substantial deficiency in

23  reading skills, based on locally determined assessments

24  conducted before the end of grade 1 or 2, or based on teacher

25  recommendation, must be given intensive reading instruction

26  immediately following the identification of the reading

27  deficiency. The student's reading proficiency must be

28  reassessed by locally determined assessment or based on

29  teacher recommendation at the beginning of the grade following

30  the intensive reading instruction, and the student must

31  continue to be given intensive reading instruction until the

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

  2  deficiency, as determined by the locally determined assessment

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

  4  is not remedied by the end of grade 4, and if the student

  5  scores below the specific level of performance on the

  6  statewide assessment test in reading, the student must be

  7  retained.

  8         (6)  ELIMINATION OF SOCIAL PROMOTIONS.--

  9         (a)  No student shall be assigned to a grade level

10  based solely on age or other factors that constitute social

11  promotion.

12         (b)  The district local school board may exempt

13  students a student from mandatory retention, as provided in

14  paragraph (5)(b), only for good cause. Good-cause exemptions

15  shall be limited to the following:

16         1.  Students having limited English proficiency who

17  have had less than 2 years of instruction in a program of

18  English for speakers of other languages.

19         2.  Students with disabilities, whose individual

20  education plan indicates that participation in the statewide

21  assessment program is not appropriate, consistent with the

22  requirements of State Board of Education rule.

23         3.  Students who demonstrate an acceptable level of

24  performance on an alternative standardized reading assessment

25  approved by the State Board of Education.

26         4.  Students who demonstrate, through a student

27  portfolio, that they are reading on grade level as evidenced

28  by demonstration of mastery of the Sunshine State Standards in

29  reading equal to at least a level 2 performance on the FCAT.

30         5.  Students with disabilities who participate in the

31  FCAT, with an individual education plan or a Section 504 plan

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  1  that reflects that the student has received the intensive

  2  remediation in reading as required by paragraph (4)(b) for

  3  more than 2 years but still demonstrates a deficiency in

  4  reading and who were previously retained in kindergarten,

  5  grade 1, or grade 2.

  6         (c)  Requests for good-cause exemptions from the

  7  mandatory retention requirement, as described in

  8  sub-subparagraphs (b)3. and 4., shall be made consistent with

  9  the following:

10         1.  The student's teacher must submit documentation to

11  the school principal which indicates that the promotion of the

12  student is appropriate and is based upon the student's

13  academic record.

14         2.  The school principal shall review and discuss such

15  recommendation with the teacher and make the determination as

16  to whether the student should be promoted or retained. If the

17  school principal determines that the student should be

18  promoted, the school principal shall make such recommendation

19  in writing to the district school superintendent. The district

20  school superintendent must accept or reject the school

21  principal's recommendation in writing.

22         (7)(5)  ANNUAL REPORT.--

23         (a)  In addition to the requirements in paragraph

24  (5)(b), each district school board must annually report to the

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

26  student towards achieving state and district expectations for

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

28  district school board must report to the parent or legal

29  guardian the student's results on each statewide assessment

30  test. The evaluation of each student's progress must be based

31  upon the student's classroom work, observations, tests,

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  1  district and state assessments, and other relevant

  2  information. Progress reporting must be provided to the parent

  3  or legal guardian in writing in a format adopted by the

  4  district school board.

  5         (b)  Beginning with the 2001-2002 school year, each

  6  district school board must annually publish, in the local

  7  newspaper, and submit in a report to the State Board of

  8  Education, by September 1, the following information on the

  9  prior school year:

10         1.  The provisions of this section relating to public

11  school student progression and the district school board's

12  policies and procedures on student retention and promotion.

13         2.  By grade, the number and percent of all students in

14  grades 3 through 10 performing at levels 1 and 2 on the

15  reading portion of the FCAT.

16         3.  By grade, the number and percent of all students

17  retained in grades 3 through 10.

18         4.  Information on the total number of students that

19  were promoted for good-cause, by each category of good cause

20  in paragraph (6)(b).

21         5.  Any revisions to the district school board's policy

22  on student retention and promotion from the prior year.

23         (8)  STATE BOARD AUTHORITY AND RESPONSIBILITIES.--

24         (a)  The State Board of Education shall have the

25  authority to implement any of the following provisions

26  necessary to enforce this section:

27         1.  Require the chair of the district school board or

28  the district school superintendent to testify before the State

29  Board of Education regarding implementation of the provisions

30  of this section.

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  1         2.  Request and receive information, data, and reports

  2  from school districts relating to student performance, student

  3  retention, and good cause exemptions.

  4         3.  Report to the Legislature that the school district

  5  has not complied with law or State Board of Eduction rule and

  6  recommend action to be taken by the Legislature.

  7         4.  Withhold the district school superintendent's

  8  salary until the state board has determined the district's

  9  compliance with the intent and provisions of this section of

10  law.

11         (b)(6)  The State Board Commissioner of Education shall

12  adopt rules pursuant to ss. 120.536(1) and 120.54 for the

13  administration of this section.

14         (9)(7)  TECHNICAL ASSISTANCE.--The Department of

15  Education shall provide technical assistance as needed to aid

16  school districts in administering this section.

17         Section 2.  This act shall take effect July 1, 2002.

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20                          SENATE SUMMARY

21    Revises guidelines for district school boards in
      allocating remedial and supplemental instruction
22    resources. Establishes more detailed guidelines for
      exemption of students from mandatory-retention
23    requirements and provides powers of the State Board of
      Education with respect to enforcing mandatory-retention
24    requirements.

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