Senate Bill sb1522er

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  1                                 

  2         An act relating to parental and family

  3         involvement in a student's education; creating

  4         s. 1002.23, F.S., the Family and School

  5         Partnership for Student Achievement Act;

  6         providing legislative purpose; requiring

  7         support for implementation by school district

  8         and school personnel; requiring the Department

  9         of Education to develop guidelines for a parent

10         guide to assist parents; specifying contents of

11         the parent guide; requiring the department to

12         disseminate a checklist to school districts;

13         requiring the department to establish a

14         parent-response center; requiring school

15         districts to adopt rules to strengthen family

16         involvement and empowerment; requiring the

17         districts to submit copies of rules to the

18         Department of Education; requiring school

19         districts to develop and disseminate parent

20         guides and checklists; requiring review and

21         enforcement by the State Board of Education;

22         amending s. 1001.42, F.S.; requiring district

23         school boards to adopt rules and develop a

24         parent guide and checklist; amending s.

25         1001.51, F.S.; requiring the support and

26         cooperation of district school superintendents

27         in implementing requirements for parent and

28         family involvement in a student's education;

29         amending s. 1001.54, F.S.; requiring the

30         support and cooperation of school principals;

31         amending s. 1002.20, F.S.; requiring that


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 1         parents receive specified information

 2         concerning their child's education; amending s.

 3         1003.33, F.S.; requiring reports cards to

 4         contain additional information concerning a

 5         student's performance or nonperformance;

 6         amending s. 1008.25, F.S.; providing additional

 7         notification requirements to parents of

 8         students with substantial reading deficiencies;

 9         amending s. 1012.72, F.S., relating to

10         incentives and bonuses under the Dale Hickam

11         Excellent Teaching Program; specifying

12         additional requirements for teachers who

13         receive certain bonuses; amending s. 1012.98,

14         F.S.; requiring certain professional

15         development inservice activities to include the

16         subject of parent involvement; providing an

17         effective date.

18  

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

20  

21         Section 1.  This act may be cited as the "Family and

22  School Partnership for Student Achievement Act."

23         Section 2.  Section 1002.23, Florida Statutes, is

24  created to read:

25         1002.23  Family and School Partnership for Student

26  Achievement Act.--

27         (1)  The purpose of the Family and School Partnership

28  for Student Achievement Act is to:

29         (a)  Provide parents with specific information about

30  their child's educational progress;

31  


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 1         (b)  Provide parents with comprehensive information

 2  about their choices and opportunities for involvement in their

 3  child's education; and

 4         (c)  Provide a framework for building and strengthening

 5  partnerships among parents, teachers, principals, district

 6  school superintendents, and other personnel.

 7  

 8  Each district school board, school district superintendent,

 9  and teacher shall fully support and cooperate in implementing

10  a well-planned, inclusive, and comprehensive program to assist

11  parents and families in effectively participating in their

12  child's education.

13         (2)  To facilitate meaningful parent and family

14  involvement, the Department of Education shall develop

15  guidelines for a parent guide to successful student

16  achievement which describes what parents need to know about

17  their child's educational progress and how they can help their

18  child to succeed in school. The guidelines shall include, but

19  need not be limited to:

20         (a)  Parental information regarding:

21         1.  Requirements for their child to be promoted to the

22  next grade, as provided for in s. 1008.25;

23         2.  Progress of their child toward achieving state and

24  district expectations for academic proficiency;

25         3.  Assessment results, including report cards and

26  progress reports; and

27         4.  Qualifications of their child's teachers;

28         (b)  Services available for parents and their children,

29  such as family literacy services; mentoring, tutorial, and

30  other academic reinforcement programs; college planning,

31  


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 1  academic advisement, and student counseling services; and

 2  after-school programs;

 3         (c)  Opportunities for parental participation, such as

 4  parenting classes, adult education, school advisory councils,

 5  and school volunteer programs;

 6         (d)  Opportunities for parents to learn about rigorous

 7  academic programs that may be available for their child, such

 8  as honors programs, dual enrollment, advanced placement,

 9  International Baccalaureate, Florida Virtual High School

10  courses, and accelerated access to postsecondary education;

11         (e)  Educational choices, as provided for in s.

12  1002.20(6), and corporate income tax credit scholarships, as

13  provided for in s. 220.187;

14         (f)  Classroom and test accommodations available for

15  students with disabilities; and

16         (g)  School board rules, policies, and procedures for

17  student promotion and retention, academic standards, student

18  assessment, courses of study, instructional materials, and

19  contact information for school and district offices.

20         (3)  The Department of Education shall develop and

21  disseminate a checklist for school districts to provide to

22  parents to assist with the parent's involvement in their

23  child's educational progress. The checklist shall address

24  parental actions that:

25         (a)  Strengthen the child's academic progress,

26  especially in the area of reading;

27         (b)  Strengthen the child's citizenship, especially

28  social skills and respect for others;

29         (c)  Strengthen the child's realization of high

30  expectations and setting lifelong learning goals; and

31  


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 1         (d)  Place a strong emphasis on the communication

 2  between the school and the home.

 3         (4)  The Department of Education shall establish a

 4  parent-response center to provide assistance to parents and

 5  families in answering questions and resolving issues related

 6  to the child's education.

 7         (5)  Each district school board shall adopt rules that

 8  strengthen family involvement and family empowerment. The

 9  rules shall be developed in collaboration with parents, school

10  administrators, teachers, and community partners, and shall

11  address:

12         (a)  Parental choices and responsibilities;

13         (b)  Links with community services;

14         (c)  Opportunities for parental involvement in the

15  development, implementation, and evaluation of family

16  involvement programs; and

17         (d)  Opportunities for parents to participate on school

18  advisory councils and in school volunteer programs and other

19  activities.

20         (6)  Beginning with the 2003-2004 school year, each

21  school district shall submit a copy of the rules developed

22  under subsection (5) to the Department of Education by October

23  1.

24         (7)  Each school district shall develop and disseminate

25  a parent guide to successful student achievement, consistent

26  with the guidelines of the Department of Education, which

27  addresses what parents need to know about their child's

28  educational progress and how parents can help their child to

29  succeed in school. The guide must:

30         (a)  Be understandable to students and parents;

31  


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 1         (b)  Be distributed to all parents, students, and

 2  school personnel at the beginning of each school year;

 3         (c)  Be discussed at the beginning of each school year

 4  in meetings of students, parents, and teachers; and

 5         (d)  Include information concerning services,

 6  opportunities, choices, academic standards, and student

 7  assessment.

 8  

 9  The parent guide may be included as a part of the code of

10  student conduct that is required in s. 1006.07(2).

11         (8)  Each school district shall develop and disseminate

12  a checklist of parental actions that can strengthen parental

13  involvement in their child's educational progress, consistent

14  with the requirements in subsection (3). The checklist shall

15  be provided each school year to all parents of students in

16  kindergarten through grade 12 and shall focus on academics,

17  especially reading, high expectations for students,

18  citizenship, and communication.

19         (9)  The State Board of Education shall annually review

20  each school district's compliance with this section and the

21  district's success in achieving improved services for

22  families. The State Board of Education shall use all

23  appropriate enforcement actions, as provided for in s.

24  1008.32, until the school district fully complies with the

25  requirements of this section.

26         Section 3.  Present paragraph (b) of subsection (15) of

27  section 1001.42, Florida Statutes, is redesignated as

28  paragraph (e), and new subsections (b), (c), and (d) are added

29  to that subsection, to read:

30  

31  


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 1         1001.42  Powers and duties of district school

 2  board.--The district school board, acting as a board, shall

 3  exercise all powers and perform all duties listed below:

 4         (15)  PUBLIC INFORMATION AND PARENTAL INVOLVEMENT

 5  PROGRAM.--

 6         (b)  Adopt rules to strengthen family involvement and

 7  empowerment pursuant to s. 1002.23. The rules shall be

 8  developed in collaboration with school administrators,

 9  parents, teachers, and community partners.

10         (c)  Develop and disseminate a parent guide to

11  successful student achievement which addresses what parents

12  need to know about their child's educational progress and how

13  they can help their child to succeed in school.

14         (d)  Develop and disseminate a checklist for parents to

15  assist parents in becoming involved in their child's

16  educational progress.

17         Section 4.  Present subsection (23) of section 1001.51,

18  Florida Statutes, is redesignated as subsection (24), and a

19  new subsection (23) is added to that section, to read:

20         1001.51  Duties and responsibilities of district school

21  superintendent.--The district school superintendent shall

22  exercise all powers and perform all duties listed below and

23  elsewhere in the law, provided that, in so doing, he or she

24  shall advise and counsel with the district school board. The

25  district school superintendent shall perform all tasks

26  necessary to make sound recommendations, nominations,

27  proposals, and reports required by law to be acted upon by the

28  district school board.  All such recommendations, nominations,

29  proposals, and reports by the district school superintendent

30  shall be either recorded in the minutes or shall be made in

31  writing, noted in the minutes, and filed in the public records


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 1  of the district school board. It shall be presumed that, in

 2  the absence of the record required in this section, the

 3  recommendations, nominations, and proposals required of the

 4  district school superintendent were not contrary to the action

 5  taken by the district school board in such matters.

 6         (23)  PARENTAL INVOLVEMENT.--Fully support and

 7  cooperate in the implementation of s. 1002.23.

 8         Section 5.  Subsection (5) is added to section 1001.54,

 9  Florida Statutes, to read:

10         1001.54  Duties of school principals.--

11         (5)  Each school principal shall fully support and

12  cooperate in the implementation of s. 1002.23.

13         Section 6.  Section 1002.20, Florida Statutes, is

14  amended to read:

15         1002.20  K-12 student and parent rights.--Parents of

16  public school students must receive accurate and timely

17  information regarding their child's academic progress and must

18  be informed of ways they can help their child to succeed in

19  school. K-12 students and their parents are afforded numerous

20  statutory rights including, but not limited to, the following:

21         (1)  SYSTEM OF EDUCATION.--In accordance with s. 1,

22  Art. IX of the State Constitution, all K-12 public school

23  students are entitled to a uniform, safe, secure, efficient,

24  and high quality system of education, one that allows students

25  the opportunity to obtain a high quality education. Parents

26  are responsible to ready their children for school; however,

27  the State of Florida cannot be the guarantor of each

28  individual student's success.

29         (2)  ATTENDANCE.--

30         (a)  Compulsory school attendance.--The compulsory

31  school attendance laws apply to all children between the ages


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 1  of 6 and 16 years, as provided in s. 1003.21(1) and (2)(a),

 2  and, in accordance with the provisions of s. 1003.21(1) and

 3  (2)(a):

 4         1.  A student who attains the age of 16 years during

 5  the school year has the right to file a formal declaration of

 6  intent to terminate school enrollment if the declaration is

 7  signed by the parent. The parent has the right to be notified

 8  by the school district of the district's receipt of the

 9  student's declaration of intent to terminate school

10  enrollment.

11         2.  Students who become or have become married or who

12  are pregnant and parenting have the right to attend school and

13  receive the same or equivalent educational instruction as

14  other students.

15         (b)  Regular school attendance.--Parents of students

16  who have attained the age of 6 years by February 1 of any

17  school year but who have not attained the age of 16 years must

18  comply with the compulsory school attendance laws. Parents

19  have the option to comply with the school attendance laws by

20  attendance of the student in a public school; a parochial,

21  religious, or denominational school; a private school; a home

22  education program; or a private tutoring program, in

23  accordance with the provisions of s. 1003.01(14).

24         (c)  Absence for religious purposes.--A parent of a

25  public school student may request and be granted permission

26  for absence of the student from school for religious

27  instruction or religious holidays, in accordance with the

28  provisions of s. 1003.21(2)(b).

29         (d)  Dropout prevention and academic intervention

30  programs.--The parent of a public school student has the right

31  to receive written notice by certified mail prior to placement


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 1  of the student in a dropout prevention and academic

 2  intervention program and shall be notified in writing and

 3  entitled to an administrative review of any action by school

 4  personnel relating to the student's placement, in accordance

 5  with the provisions of s. 1003.53(5).

 6         (3)  HEALTH ISSUES.--

 7         (a)  School-entry health examinations.--The parent of

 8  any child attending a public or private school shall be exempt

 9  from the requirement of a health examination upon written

10  request stating objections on religious grounds in accordance

11  with the provisions of s. 1003.22(1) and (2).

12         (b)  Immunizations.--The parent of any child attending

13  a public or private school shall be exempt from the school

14  immunization requirements upon meeting any of the exemptions

15  in accordance with the provisions of s. 1003.22(5).

16         (c)  Biological experiments.--Parents may request that

17  their child be excused from performing surgery or dissection

18  in biological science classes in accordance with the

19  provisions of s. 1003.47.

20         (d)  Reproductive health and disease education.--A

21  public school student whose parent makes written request to

22  the school principal shall be exempted from the teaching of

23  reproductive health or any disease, including HIV/AIDS, in

24  accordance with the provisions of s. 1003.42(3).

25         (e)  Contraceptive services to public school

26  students.--In accordance with the provisions of s.

27  1006.062(7), students may not be referred to or offered

28  contraceptive services at school facilities without the

29  parent's consent.

30         (f)  Career and technical education courses involving

31  hazardous substances.--High school students must be given


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 1  plano safety glasses or devices in career and technical

 2  education courses involving the use of hazardous substances

 3  likely to cause eye injury, in accordance with the provisions

 4  of s. 1006.65.

 5         (g)  Substance abuse reports.--The parent of a public

 6  school student must be timely notified of any verified report

 7  of a substance abuse violation by the student, in accordance

 8  with the provisions of s. 1006.09(8).

 9         (h)  Inhaler use.--Asthmatic students whose parent and

10  physician provide their approval to the school principal may

11  carry a metered dose inhaler on their person while in school.

12  The school principal shall be provided a copy of the parent's

13  and physician's approval.

14         (4)  DISCIPLINE.--

15         (a)  Suspension of public school student.--In

16  accordance with the provisions of s. 1006.09(1)-(4):

17         1.  A student may be suspended only as provided by rule

18  of the district school board. A good faith effort must be made

19  to immediately inform the parent by telephone of the student's

20  suspension and the reason.  Each suspension and the reason

21  must be reported in writing within 24 hours to the parent by

22  United States mail. A good faith effort must be made to use

23  parental assistance before suspension unless the situation

24  requires immediate suspension.

25         2.  A student with a disability may only be recommended

26  for suspension or expulsion in accordance with State Board of

27  Education rules.

28         (b)  Expulsion.--Public school students and their

29  parents have the right to written notice of a recommendation

30  of expulsion, including the charges against the student and a

31  


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 1  statement of the right of the student to due process, in

 2  accordance with the provisions of s. 1001.51(8).

 3         (c)  Corporal punishment.--In accordance with the

 4  provisions of s. 1003.32, corporal punishment of a public

 5  school student may only be administered by a teacher or school

 6  principal within guidelines of the school principal and

 7  according to district school board policy. Another adult must

 8  be present and must be informed in the student's presence of

 9  the reason for the punishment. Upon request, the teacher or

10  school principal must provide the parent with a written

11  explanation of the reason for the punishment and the name of

12  the other adult who was present.

13         (5)  SAFETY.--In accordance with the provisions of s.

14  1006.13(5), students who have been victims of certain felony

15  offenses by other students, as well as the siblings of the

16  student victims, have the right to be kept separated from the

17  student offender both at school and during school

18  transportation.

19         (6)  EDUCATIONAL CHOICE.--

20         (a)  Public school choices.--Parents of public school

21  students may seek whatever public school choice options that

22  are applicable to their students and are available to students

23  in their school districts. These options may include

24  controlled open enrollment, lab schools, charter schools,

25  charter technical career centers, magnet schools, alternative

26  schools, special programs, advanced placement, dual

27  enrollment, International Baccalaureate, early admissions,

28  credit by examination or demonstration of competency, the New

29  World School of the Arts, the Florida School for the Deaf and

30  the Blind, and the Florida Virtual School. These options may

31  also include the public school choice options of the


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 1  Opportunity Scholarship Program and the McKay Scholarships for

 2  Students with Disabilities Program.

 3         (b)  Private school choices.--Parents of public school

 4  students may seek private school choice options under certain

 5  programs.

 6         1.  Under the Opportunity Scholarship Program, the

 7  parent of a student in a failing public school may request and

 8  receive an opportunity scholarship for the student to attend a

 9  private school in accordance with the provisions of s.

10  1002.38.

11         2.  Under the McKay Scholarships for Students with

12  Disabilities Program, the parent of a public school student

13  with a disability who is dissatisfied with the student's

14  progress may request and receive a McKay Scholarship for the

15  student to attend a private school in accordance with the

16  provisions of s. 1002.39.

17         3.  Under the corporate income tax credit scholarship

18  program, the parent of a student who qualifies for free or

19  reduced-price school lunch may seek a scholarship from an

20  eligible nonprofit scholarship-funding organization in

21  accordance with the provisions of s. 220.187.

22         (c)  Home education.--The parent of a student may

23  choose to place the student in a home education program in

24  accordance with the provisions of s. 1002.41.

25         (d)  Private tutoring.--The parent of a student may

26  choose to place the student in a private tutoring program in

27  accordance with the provisions of s. 1002.43(1).

28         (7)  NONDISCRIMINATION.--All education programs,

29  activities, and opportunities offered by public educational

30  institutions must be made available without discrimination on

31  the basis of race, ethnicity, national origin, gender,


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 1  disability, or marital status, in accordance with the

 2  provisions of s. 1000.05.

 3         (8)  STUDENTS WITH DISABILITIES.--Parents of public

 4  school students with disabilities and parents of public school

 5  students in residential care facilities are entitled to notice

 6  and due process in accordance with the provisions of ss.

 7  1003.57 and 1003.58. Public school students with disabilities

 8  must be provided the opportunity to meet the graduation

 9  requirements for a standard high school diploma in accordance

10  with the provisions of s. 1003.43(4). Certain public school

11  students with disabilities may be awarded a special diploma

12  upon high school graduation.

13         (9)  BLIND STUDENTS.--Blind students have the right to

14  an individualized written education program and appropriate

15  instructional materials to attain literacy, in accordance with

16  provisions of s. 1003.55.

17         (10)  LIMITED ENGLISH PROFICIENT STUDENTS.--In

18  accordance with the provisions of s. 1003.56, limited English

19  proficient students have the right to receive ESOL (English

20  for Speakers of Other Languages) instruction designed to

21  develop the student's mastery of listening, speaking, reading,

22  and writing in English as rapidly as possible, and the

23  students' parents have the right of parental involvement in

24  the ESOL program.

25         (11)  PLEDGE OF ALLEGIANCE.--A public school student

26  must be excused from reciting the pledge of allegiance upon

27  written request by the student's parent, in accordance with

28  the provisions of s. 1003.44.

29         (12)  STUDENT RECORDS.--

30         (a)  Parent rights.--Parents have rights regarding the

31  student records of their children, including right of access,


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 1  right of waiver of access, right to challenge and hearing, and

 2  right of privacy, in accordance with the provisions of s.

 3  1002.22.

 4         (b)  Student rights.--In accordance with the provisions

 5  of s. 1008.386, a student is not required to provide his or

 6  her social security number as a condition for enrollment or

 7  graduation.

 8         (13)  STUDENT REPORT CARDS.--Students and their parents

 9  have the right to receive student report cards on a regular

10  basis that clearly depict and grade the student's academic

11  performance in each class or course, the student's conduct,

12  and the student's attendance, in accordance with the

13  provisions of s. 1003.33.

14         (14)  STUDENT PROGRESS REPORTS.--Parents of public

15  school students shall be apprised at regular intervals of the

16  academic progress and other needed information regarding their

17  child, in accordance with the provisions of s. 1003.02(1)(h)2.

18         (15)  SCHOOL ACCOUNTABILITY AND SCHOOL IMPROVEMENT

19  RATING REPORTS.--Parents of public school students are

20  entitled to an easy-to-read report card about the grade

21  designation, school accountability including the school

22  financial report, and school improvement rating of their

23  child's school in accordance with the provisions of ss.

24  1008.22, 1003.02(3), and 1010.215(5).

25         (16)  ATHLETICS; PUBLIC HIGH SCHOOL.--

26         (a)  Eligibility.--Eligibility requirements for all

27  students participating in high school athletic competition

28  must allow a student to be eligible in the school in which he

29  or she first enrolls each school year, or makes himself or

30  herself a candidate for an athletic team by engaging in

31  


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 1  practice before enrolling, in accordance with the provisions

 2  of s. 1006.20(2)(a).

 3         (b)  Medical evaluation.--Students must satisfactorily

 4  pass a medical evaluation each year before participating in

 5  athletics, unless the parent objects in writing based on

 6  religious tenets or practices, in accordance with the

 7  provisions of s. 1006.20(2)(d).

 8         (17)  EXTRACURRICULAR ACTIVITIES.--In accordance with

 9  the provisions of s. 1006.15:

10         (a)  Eligibility.--Students who meet specified academic

11  and conduct requirements are eligible to participate in

12  extracurricular activities.

13         (b)  Home education students.--Home education students

14  who meet specified academic and conduct requirements are

15  eligible to participate in extracurricular activities at the

16  public school to which the student would be assigned or could

17  choose to attend according to district school board policies,

18  or may develop an agreement to participate at a private

19  school.

20         (c)  Charter school students.--Charter school students

21  who meet specified academic and conduct requirements are

22  eligible to participate in extracurricular activities at the

23  public school to which the student would be assigned or could

24  choose to attend according to district school board policies,

25  unless such activity is provided by the student's charter

26  school.

27         (d)  Discrimination prohibited.--Organizations that

28  regulate or govern extracurricular activities of public

29  schools shall not discriminate against any eligible student

30  based on an educational choice of public, private, or home

31  education.


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 1         (18)  INSTRUCTIONAL MATERIALS.--

 2         (a)  Core courses.--Each public school student is

 3  entitled to sufficient instructional materials in the core

 4  courses of mathematics, language arts, social studies,

 5  science, reading, and literature, in accordance with the

 6  provisions of ss. 1003.02(1)(d) and 1006.40(2).

 7         (b)  Curricular objectives.--The parent of each public

 8  school student has the right to receive effective

 9  communication from the school principal as to the manner in

10  which instructional materials are used to implement the

11  school's curricular objectives, in accordance with the

12  provisions of s. 1006.28(3)(a).

13         (c)  Sale of instructional materials.--Upon request of

14  the parent of a public school student, the school principal

15  must sell to the parent any instructional materials used in

16  the school, in accordance with the provisions of s.

17  1006.28(3)(c).

18         (d)  Dual enrollment students.--Instructional materials

19  purchased by a district school board or community college

20  board of trustees on behalf of public school dual enrollment

21  students shall be made available to the dual enrollment

22  students free of charge, in accordance with the provisions of

23  s. 1007.271(14) and (15).

24         (19)  JUVENILE JUSTICE PROGRAMS.--Students who are in

25  juvenile justice programs have the right to receive

26  educational programs and services in accordance with the

27  provisions of s. 1003.52.

28         (20)  PARENTAL INPUT AND MEETINGS.--

29         (a)  Meetings with school district personnel.--Parents

30  of public school students may be accompanied by another adult

31  of their choice at any meeting with school district personnel.


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 1         (b)  School district best financial management practice

 2  reviews.--Public school students and their parents may provide

 3  input regarding their concerns about the operations and

 4  management of the school district both during and after the

 5  conduct of a school district best financial management

 6  practices review, in accordance with the provisions of s.

 7  1008.35.

 8         (c)  District school board educational facilities

 9  programs.--Parents of public school students and other members

10  of the public have the right to receive proper public notice

11  and opportunity for public comment regarding the district

12  school board's educational facilities work program, in

13  accordance with the provisions of s. 1013.35.

14         (21)  TRANSPORTATION.--

15         (a)  Transportation to school.--Public school students

16  shall be provided transportation to school, in accordance with

17  the provisions of s. 1006.21(3)(a).

18         (b)  Hazardous walking conditions.--K-6 public school

19  students shall be provided transportation if they are

20  subjected to hazardous walking conditions, in accordance with

21  the provisions of ss. 1006.21(3)(b) and 1006.23.

22         (c)  Parental consent.--Each parent of a public school

23  student must be notified in writing and give written consent

24  before the student may be transported in a privately owned

25  motor vehicle to a school function, in accordance with the

26  provisions of s. 1006.22(2)(b).

27         Section 7.  Subsection (1) of section 1003.33, Florida

28  Statutes, is amended to read:

29         1003.33  Report cards; end-of-the-year status.--

30         (1)  Each district school board shall establish and

31  publish policies requiring the content and regular issuance of


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 1  student report cards for all elementary school, middle school,

 2  and high school students.  These report cards must clearly

 3  depict and grade:

 4         (a)  The student's academic performance in each class

 5  or course, which in grades 1 through 12 must be based upon

 6  examinations as well as written papers, class participation,

 7  and other academic performance criteria, and must include the

 8  student's performance or nonperformance at his or her grade

 9  level.

10         (b)  The student's conduct and behavior.

11         (c)  The student's attendance, including absences and

12  tardiness.

13  

14  District school boards shall not allow schools to exempt

15  students from academic performance requirements based on

16  practices or policies designed to encourage student

17  attendance. A student's attendance record may not be used in

18  whole or in part to provide an exemption from any academic

19  performance requirement.

20         Section 8.  Paragraph (c) of subsection (5) of section

21  1008.25, Florida Statutes, is amended to read:

22         1008.25  Public school student progression; remedial

23  instruction; reporting requirements.--

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

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

26  parent of any student who exhibits a substantial deficiency in

27  reading, as described in paragraph (a), must be notified in

28  writing of the following:

29         1.  That his or her child has been identified as having

30  a substantial deficiency in reading.

31  


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 1         2.  A description of the current services that are

 2  provided to the child.

 3         3.  A description of the proposed supplemental

 4  instructional services and supports that will be provided to

 5  the child that are designed to remediate the identified area

 6  of reading deficiency.

 7         4.  That if the child's reading deficiency is not

 8  remediated by the end of grade 3, the child must be retained

 9  unless he or she is exempt from mandatory retention for good

10  cause.

11         5.  Strategies for parents to use in helping their

12  child succeed in reading proficiency.

13         Section 9.  Paragraph (d) of subsection (2) of section

14  1012.72, Florida Statutes, is amended to read:

15         1012.72  Dale Hickam Excellent Teaching Program.--

16         (2)  The Dale Hickam Excellent Teaching Program is

17  created to provide categorical funding for monetary incentives

18  and bonuses for teaching excellence. The Department of

19  Education shall distribute to each school district or to the

20  NBPTS an amount as prescribed annually by the Legislature for

21  the Dale Hickam Excellent Teaching Program. For purposes of

22  this section, the Florida School for the Deaf and the Blind

23  shall be considered a school district. Unless otherwise

24  provided in the General Appropriations Act, each distribution

25  shall be the sum of the amounts earned for the following

26  incentives and bonuses:

27         (d)  An annual bonus equal to 10 percent of the prior

28  fiscal year's statewide average salary for classroom teachers

29  to be distributed to the school district to be paid to each

30  individual who meets the requirements of paragraph (c) and

31  agrees, in writing, to provide the equivalent of 12 workdays


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 1  of mentoring and related services to public school teachers

 2  within the state who do not hold NBPTS certification. Related

 3  services must include instruction in helping teachers work

 4  more effectively with the families of their students. The

 5  district school board shall distribute the annual bonus in a

 6  single payment following the completion of all required

 7  mentoring and related services for the year. It is not the

 8  intent of the Legislature to remove excellent teachers from

 9  their assigned classrooms; therefore, credit may not be

10  granted by a school district or public school for mentoring or

11  related services provided during student contact time during

12  the 196 days of required service for the school year.

13  

14  A teacher for whom the state pays the certification fee and

15  who does not complete the certification program or does not

16  teach in a public school of this state for at least 1 year

17  after completing the certification program must repay the

18  amount of the certification fee to the state. However, a

19  teacher who completes the certification program but fails to

20  be awarded NBPTS certification is not required to repay the

21  amount of the certification fee if the teacher meets the

22  1-year teaching requirement. Repayment is not required of a

23  teacher who does not complete the certification program or

24  fails to fulfill the teaching requirement because of the

25  teacher's death or disability or because of other extenuating

26  circumstances as determined by the State Board of Education.

27         Section 10.  Paragraph (b) of subsection (4) of section

28  1012.98, Florida Statutes, is amended to read:

29         1012.98  School Community Professional Development

30  Act.--

31  


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 1         (4)  The Department of Education, school districts,

 2  schools, community colleges, and state universities share the

 3  responsibilities described in this section. These

 4  responsibilities include the following:

 5         (b)  Each school district shall develop a professional

 6  development system. The system shall be developed in

 7  consultation with teachers and representatives of community

 8  college and university faculty, community agencies, and other

 9  interested citizen groups to establish policy and procedures

10  to guide the operation of the district professional

11  development program.  The professional development system

12  must:

13         1.  Be approved by the department. All substantial

14  revisions to the system shall be submitted to the department

15  for review for continued approval.

16         2.  Require the use of student achievement data; school

17  discipline data; school environment surveys; assessments of

18  parental satisfaction; performance appraisal data of teachers,

19  managers, and administrative personnel; and other performance

20  indicators to identify school and student needs that can be

21  met by improved professional performance.

22         3.  Provide inservice activities coupled with followup

23  support that are appropriate to accomplish district-level and

24  school-level improvement goals and standards. The inservice

25  activities for instructional personnel shall primarily focus

26  on subject content and teaching methods, including technology,

27  as related to the Sunshine State Standards, assessment and

28  data analysis, classroom management, parent involvement, and

29  school safety.

30         4.  Include a master plan for inservice activities,

31  pursuant to rules of the State Board of Education, for all


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 1  district employees from all fund sources. The master plan

 2  shall be updated annually by September 1 using criteria for

 3  continued approval as specified by rules of the State Board of

 4  Education. Written verification that the inservice plan meets

 5  all requirements of this section must be submitted annually to

 6  the commissioner by October 1.

 7         5.  Require each school principal to establish and

 8  maintain an individual professional development plan for each

 9  instructional employee assigned to the school. The individual

10  professional development plan must:

11         a.  Be related to specific performance data for the

12  students to whom the teacher is assigned.

13         b.  Define the inservice objectives and specific

14  measurable improvements expected in student performance as a

15  result of the inservice activity.

16         c.  Include an evaluation component that determines the

17  effectiveness of the professional development plan.

18         6.  Include inservice activities for school

19  administrative personnel that address updated skills necessary

20  for effective school management and instructional leadership.

21         7.  Provide for systematic consultation with regional

22  and state personnel designated to provide technical assistance

23  and evaluation of local professional development programs.

24         8.  Provide for delivery of professional development by

25  distance learning and other technology-based delivery systems

26  to reach more educators at lower costs.

27         9.  Provide for the continuous evaluation of the

28  quality and effectiveness of professional development programs

29  in order to eliminate ineffective programs and strategies and

30  to expand effective ones. Evaluations must consider the impact

31  


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 1  of such activities on the performance of participating

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