Senate Bill sb2488c1
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Florida Senate - 2002 CS for SB's 2488 & 2314
By the Committee on Education; and Senators Sullivan and Cowin
304-2320-02
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; prescribing guidelines for
8 remedial reading instruction; requiring
9 parental notification of reading deficiency;
10 prohibiting social promotion and providing
11 standards for exemptions from
12 mandatory-retention requirements; requiring
13 reports by district school boards; providing
14 powers and duties of the State Board of
15 Education with respect to enforcement of
16 mandatory retention; providing an effective
17 date.
18
19 Be It Enacted by the Legislature of the State of Florida:
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21 Section 1. Section 232.245, Florida Statutes, is
22 amended to read:
23 232.245 Public school student Pupil progression;
24 remedial instruction; reporting requirements.--
25 (1) INTENT.--It is the intent of the Legislature that
26 each student's progression from one grade to another be
27 determined, in part, upon proficiency in reading, writing,
28 science, and mathematics; that school district policies
29 facilitate such proficiency; and that each student and his or
30 her parent or legal guardian be informed of that student's
31 academic progress.
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Florida Senate - 2002 CS for SB's 2488 & 2314
304-2320-02
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 State Board Commissioner of Education, below
12 which a student must receive remediation, or be retained
13 within an intensive program that is different from the
14 previous year's program and that takes into account the
15 student's learning 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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Florida Senate - 2002 CS for SB's 2488 & 2314
304-2320-02
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 State Board
13 Commissioner of Education, on statewide assessments at
14 selected grade levels, must be provided with additional
15 diagnostic assessments to determine the nature of the
16 student's 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 identify 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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Florida Senate - 2002 CS for SB's 2488 & 2314
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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 shall 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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Florida Senate - 2002 CS for SB's 2488 & 2314
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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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Florida Senate - 2002 CS for SB's 2488 & 2314
304-2320-02
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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Florida Senate - 2002 CS for SB's 2488 & 2314
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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 6. Students who have received the intensive
7 remediation in reading as required by paragraph (4)(b) for 2
8 or more years but still demonstrate a deficiency in reading
9 and who were previously retained in kindergarten, grade 1, or
10 grade 2 for a total of 2 years. Intensive reading instruction
11 for students so promoted must include an altered instructional
12 day based upon an academic improvement plan that includes
13 specialized diagnostic information and specific reading
14 strategies for each student. The school district shall assist
15 schools and teachers in implementing reading strategies that
16 research has shown to be successful in improving reading among
17 low-performing readers.
18 (c) Requests for good-cause exemptions from the
19 mandatory retention requirement, as described in
20 sub-subparagraphs (b)3. and 4., shall be made consistent with
21 the following:
22 1. The student's teacher must submit documentation to
23 the school principal which indicates that the promotion of the
24 student is appropriate and is based upon the student's
25 academic record. In order to minimize paperwork requirements,
26 such documentation shall consist only of the existing Academic
27 Improvement Plan; Individual Education Plan, if applicable;
28 report card; or student portfolio.
29 2. The school principal shall review and discuss such
30 recommendation with the teacher and make the determination as
31 to whether the student should be promoted or retained. If the
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Florida Senate - 2002 CS for SB's 2488 & 2314
304-2320-02
1 school principal determines that the student should be
2 promoted, the school principal shall make such recommendation
3 in writing to the district school superintendent. The district
4 school superintendent must accept or reject the school
5 principal's recommendation in writing.
6 (7)(5) ANNUAL REPORT.--
7 (a) In addition to the requirements in paragraph
8 (5)(b), each district school board must annually report to the
9 parent or legal guardian of each student the progress of the
10 student towards achieving state and district expectations for
11 proficiency in reading, writing, science, and mathematics. The
12 district school board must report to the parent or legal
13 guardian the student's results on each statewide assessment
14 test. The evaluation of each student's progress must be based
15 upon the student's classroom work, observations, tests,
16 district and state assessments, and other relevant
17 information. Progress reporting must be provided to the parent
18 or legal guardian in writing in a format adopted by the
19 district school board.
20 (b) Beginning with the 2002-2003 school year, each
21 district school board must annually publish, in the local
22 newspaper, and submit in a report to the State Board of
23 Education, by September 1, the following information on the
24 prior school year:
25 1. The provisions of this section relating to public
26 school student progression and the district school board's
27 policies and procedures on student retention and promotion.
28 2. By grade, the number and percent of all students in
29 grades 3 through 10 performing at levels 1 and 2 on the
30 reading portion of the FCAT.
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Florida Senate - 2002 CS for SB's 2488 & 2314
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1 3. By grade, the number and percent of all students
2 retained in grades 3 through 10.
3 4. Information on the total number of students that
4 were promoted for good-cause, by each category of good cause
5 in paragraph (6)(b).
6 5. Any revisions to the district school board's policy
7 on student retention and promotion from the prior year.
8 (8) STATE BOARD OF EDUCATION OVERSIGHT ENFORCEMENT
9 AUTHORITY.--The State Board of Education shall oversee the
10 performance of district school boards in enforcement of this
11 section and applicable state board rules. District school
12 boards shall be primarily responsible for compliance with this
13 section and applicable state board rules.
14 (a) In order to ensure compliance with this section
15 and applicable state board rules, the State Board of Education
16 shall have the authority to request and receive information,
17 data, and reports from school districts. District school
18 superintendents are responsible for the accuracy of the
19 information and data reported to the state board.
20 (b) The Commissioner of Education may investigate
21 allegations of noncompliance with this section and applicable
22 state board rules and determine probable cause for future
23 action. Upon determination of probable cause, the commissioner
24 shall report to the State Board of Education, which shall
25 require the district school board to document compliance with
26 this section or applicable state board rules.
27 (c) If the district school board cannot satisfactorily
28 document compliance, the State Board of Education may order
29 compliance within a specified timeframe.
30 (d) If the State Board of Education determines that a
31 district school board is unwilling or unable to comply with
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Florida Senate - 2002 CS for SB's 2488 & 2314
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1 this section or applicable state board rules within the
2 specified time, the state board shall have the authority to
3 initiate any of the following actions:
4 1. Report to the Legislature that the school district
5 has been unwilling or unable to comply with this section or
6 applicable state board rules and recommend action to be taken
7 by the Legislature.
8 2. Reduce the discretionary lottery appropriation
9 until the school district complies with this section or
10 applicable state board rules.
11 3. Withhold the transfer of state funds, discretionary
12 grant funds, or any other funds specified as eligible for this
13 purpose by the Legislature until the school district complies
14 with this section or applicable state board rules.
15 4. Declare the school district ineligible for
16 competitive grants.
17 5. Require monthly or periodic reporting on the
18 situation related to noncompliance until the noncompliance is
19 remedied.
20 (e) Nothing in this section shall be construed to
21 create a private cause of action or create any rights for
22 individuals or entities in addition to those provided
23 elsewhere in law or rule.
24 (f)(6) The State Board Commissioner of Education shall
25 adopt rules pursuant to ss. 120.536(1) and 120.54 for the
26 administration of this section.
27 (9)(7) TECHNICAL ASSISTANCE.--The Department of
28 Education shall provide technical assistance as needed to aid
29 school districts in administering this section.
30 Section 2. This act shall take effect July 1, 2002.
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Florida Senate - 2002 CS for SB's 2488 & 2314
304-2320-02
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2488 and Senate Bill 2314
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4 Adds a good-cause exemption for students who have been
retained for two years. Provides guidelines for the type of
5 instruction to be given those students when they are promoted.
6 Specifies the type of documentation that teachers must provide
to principals when recommending that a student be promoted for
7 good-cause.
8 Authorizes the State Board of Education to take certain steps
to enforce the provisions of this legislation.
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