SENATE AMENDMENT
Bill No. SB 30-A
Amendment No. ___ Barcode 952586
CHAMBER ACTION
Senate House
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11 Senators Aronberg, Campbell and Bullard moved the following
12 amendment:
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14 Senate Amendment (with title amendment)
15 On page 39, line 14, through
16 page 40, line 22, delete those lines
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18 and insert:
19 Section 9. Paragraph (b) of subsection (3), paragraph
20 (c) of subsection (4), and paragraphs (a) and (d) of
21 subsection (6) of section 220.187, Florida Statutes, are
22 amended, and paragraphs (e) and (f) are added to subsection
23 (5) of that section and subsections (8) through (15) are added
24 to that section, to read:
25 220.187 Credits for contributions to nonprofit
26 scholarship-funding organizations.--
27 (3) AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX
28 CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.--
29 (b) The total amount of tax credits and carryforward
30 of tax credits credit which may be granted each state fiscal
31 year under this section is $88 $50 million.
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1 (4) OBLIGATIONS OF ELIGIBLE NONPROFIT
2 SCHOLARSHIP-FUNDING ORGANIZATIONS.--
3 (c) The amount of a scholarship provided to any child
4 for any single school year by all eligible nonprofit
5 scholarship-funding organizations from eligible contributions
6 shall not exceed the following annual limits:
7 1. Beginning in the 2003-2004 school year, $3,500
8 Three thousand five hundred dollars for a scholarship awarded
9 to a student enrolled in an eligible nonpublic school. The
10 amount of the scholarship shall be adjusted annually based on
11 the percentage change in the Consumer Price Index for the
12 prior year.
13 2. Beginning in the 2003-2004 school year, $500 Five
14 hundred dollars for a scholarship awarded to a student
15 enrolled in a Florida public school that is located outside
16 the district in which the student resides. The amount of the
17 scholarship shall be adjusted annually based on the percentage
18 change in the Consumer Price Index for the prior year.
19 (5) ELIGIBLE NONPUBLIC SCHOOL OBLIGATIONS.--An
20 eligible nonpublic school must:
21 (e) Ensure that each student in grade 3 and grade 10
22 who receives a scholarship under this section takes the
23 statewide assessment under s. 1008.22. The school district in
24 which the eligible nonpublic school is located shall provide
25 locations and times to take all statewide assessments required
26 pursuant to s. 1008.22.
27 (f) Meet the requirements in subsections (10) through
28 (15).
29 (6) ADMINISTRATION; RULES.--
30 (a) If the credit granted pursuant to this section is
31 not fully used in any one year because of insufficient tax
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Amendment No. ___ Barcode 952586
1 liability on the part of the corporation, the unused amount
2 may not be carried forward for a period not to exceed 3 years;
3 however, any taxpayer that seeks to carry forward an unused
4 amount of tax credit must submit an application for allocation
5 of tax credits or carryforward credits as required in
6 paragraph (d) in the year that the taxpayer intends to use the
7 carryforward. The total amount of tax credits and carryforward
8 of tax credits granted each state fiscal year under this
9 section is $88 million. This carryforward applies to all
10 approved contributions made after January 1, 2002. A taxpayer
11 may not convey, assign, or transfer the credit authorized by
12 this section to another entity unless all of the assets of the
13 taxpayer are conveyed, assigned, or transferred in the same
14 transaction.
15 (d) The department shall adopt rules necessary to
16 administer this section, including rules establishing
17 application forms and procedures and governing the allocation
18 of tax credits and carryforward credits under this section on
19 a first-come, first-served basis.
20 (8) PARENT OBLIGATIONS.--As a condition for
21 scholarship payment pursuant to paragraph (4)(g), if the
22 parent chooses for his or her child to attend an eligible
23 nonpublic school, the parent must inform the child's school
24 district within 15 days after such decision.
25 (9) STUDENT OBLIGATIONS.--
26 (a) Any student receiving a scholarship under this
27 section must earn a passing score on the grade 10 Florida
28 Comprehensive Assessment Test in reading, writing, and
29 mathematics, according to the passing score established by
30 State Board of Education rules for each part of the test, to
31 qualify for a regular high school diploma.
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1 (b) The parents of a student receiving a scholarship
2 under this section shall ensure the student takes all
3 statewide assessments required pursuant to s. 1008.22.
4 (c) A student who fails to comply with this subsection
5 shall forfeit the scholarship.
6 (10) Each private school shall establish a
7 comprehensive program for student progression which must
8 include:
9 (a) Standards for evaluating each student's
10 performance, including how well he or she masters the
11 performance standards approved by the State Board of
12 Education.
13 (b) Specific levels of performance in reading,
14 writing, science, and mathematics for each grade level,
15 including the levels of performance on statewide assessments
16 as defined by the Commissioner of Education, below which a
17 student must receive remediation, or be retained within an
18 intensive program that is different from the previous year's
19 program and that takes into account the student's learning
20 style.
21 (c) Appropriate alternative placement for a student
22 who has been retained 2 or more years.
23 (11) Each private school shall allocate remedial and
24 supplemental instruction resources to students in the
25 following priority:
26 (a) Students who are deficient in reading by the end
27 of grade 3.
28 (b) Students who fail to meet performance levels
29 required for promotion consistent with the private school's
30 plan for student progression required in paragraph (10)(b).
31 (12)(a) Each student who receives a scholarship under
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1 this section must participate in the statewide assessment
2 tests required by s. 1008.22. Each student who does not meet
3 specific levels of performance as determined by the
4 Commissioner of Education on statewide assessments at selected
5 grade levels, must be provided with additional diagnostic
6 assessments to determine the nature of the student's
7 difficulty and areas of academic need.
8 (b) The private school in which the student is
9 enrolled must develop, in consultation with the student's
10 parent, and must implement an academic improvement plan
11 designed to assist the student in meeting state and school
12 expectations for proficiency. Beginning with the 2003-2004
13 school year, if the student has been identified as having a
14 deficiency in reading, the academic improvement plan shall
15 identify the student's specific areas of deficiency in
16 phonemic awareness, phonics, fluency, comprehension, and
17 vocabulary; the desired levels of performance in these areas;
18 and the instructional and support services to be provided to
19 meet the desired levels of performance. The private school
20 shall also provide for the frequent monitoring of the
21 student's progress in meeting the desired levels of
22 performance. The private school shall assist teachers to
23 implement research-based reading activities that have been
24 shown to be successful in teaching reading to low-performing
25 students. Remedial instruction provided during high school
26 may not be in lieu of English and mathematics credits required
27 for graduation.
28 (c) Upon subsequent evaluation, if the documented
29 deficiency has not been remediated in accordance with the
30 academic improvement plan, the student may be retained. Each
31 student who does not meet the minimum performance expectations
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1 defined by the Commissioner of Education for the statewide
2 assessment tests in reading, writing, science, and mathematics
3 must continue to be provided with remedial or supplemental
4 instruction until the expectations are met or the student
5 graduates from high school or is not subject to compulsory
6 school attendance.
7 (13)(a) Any student who exhibits a substantial
8 deficiency in reading, based upon statewide assessments
9 conducted in kindergarten or grade 1, grade 2, or grade 3, or
10 through teacher observations, must be given intensive reading
11 instruction immediately following the identification of the
12 reading deficiency. The student's reading proficiency must be
13 reassessed by school determined assessments or through teacher
14 observations at the beginning of the grade following the
15 intensive reading instruction. The student must continue to be
16 provided with intensive reading instruction until the reading
17 deficiency is remedied.
18 (b) Beginning with the 2003-2004 school year, if the
19 student's reading deficiency, as identified in paragraph (a),
20 is not remedied by the end of grade 3, as demonstrated by
21 scoring at Level 2 or higher on the statewide assessment test
22 in reading for grade 3, the student must be retained.
23 (c) Beginning with the 2003-2004 school year, the
24 parent of any student who exhibits a substantial deficiency in
25 reading, as described in paragraph (a), must be notified in
26 writing of the following:
27 1. That his or her child has been identified as having
28 a substantial deficiency in reading.
29 2. A description of the current services that are
30 provided to the child.
31 3. A description of the proposed supplemental
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Amendment No. ___ Barcode 952586
1 instructional services and supports that will be provided to
2 the child that are designed to remediate the identified area
3 of reading deficiency.
4 4. That if the child's reading deficiency is not
5 remediated by the end of grade 3, the child must be retained
6 unless he or she is exempt from mandatory retention for good
7 cause.
8 (14)(a) No student may be assigned to a grade level
9 based solely on age or other factors that constitute social
10 promotion.
11 (b) The school may only exempt students from mandatory
12 retention, as provided in paragraph (13)(b), for good cause.
13 Good cause exemptions shall be limited to the following:
14 1. Limited English proficient students who have had
15 less than 2 years of instruction in an English for Speakers of
16 Other Languages program.
17 2. Students with disabilities for whom participation
18 in the statewide assessment program is not appropriate,
19 consistent with the requirements of State Board of Education
20 rule.
21 3. Students who demonstrate an acceptable level of
22 performance on an alternative standardized reading assessment
23 approved by the State Board of Education.
24 4. Students who demonstrate, through a student
25 portfolio, that the student is reading on grade level as
26 evidenced by demonstration of mastery of the Sunshine State
27 Standards in reading equal to at least a Level 2 performance
28 on the FCAT.
29 5. Students with disabilities who participate in the
30 FCAT and who have received the intensive remediation in
31 reading, as required by paragraph (12)(b), for more than 2
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1 years but still demonstrates a deficiency in reading and was
2 previously retained in kindergarten, grade 1, or grade 2.
3 6. Students who have received the intensive
4 remediation in reading as required by paragraph (12)(b) for 2
5 or more years but still demonstrate a deficiency in reading
6 and who were previously retained in kindergarten, grade 1, or
7 grade 2 for a total of 2 years. Intensive reading instruction
8 for students so promoted must include an altered instructional
9 day based upon an academic improvement plan that includes
10 specialized diagnostic information and specific reading
11 strategies for each student. The school shall assist teachers
12 to implement reading strategies that research has shown to be
13 successful in improving reading among low performing readers.
14 (c) Requests for good cause exemptions for students
15 from the mandatory retention requirement as described in
16 subparagraphs (b)3. and 4. shall be made consistent with the
17 following:
18 1. Documentation shall be submitted from the student's
19 teacher to the school principal that indicates that the
20 promotion of the student is appropriate and is based upon the
21 student's academic record. In order to minimize paperwork
22 requirements, such documentation shall consist only of the
23 existing academic improvement plan, individual educational
24 plan, if applicable, report card, or student portfolio.
25 2. The school principal shall review and discuss such
26 recommendation with the teacher and make the determination as
27 to whether the student should be promoted or retained.
28 (15)(a) In addition to the requirements in paragraph
29 (13)(b), each private school must annually report to the
30 parent of each student the progress of the student toward
31 achieving state and school expectations for proficiency in
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Amendment No. ___ Barcode 952586
1 reading, writing, science, and mathematics. The private school
2 must report to the parent the student's results on each
3 statewide assessment test. The evaluation of each student's
4 progress must be based upon the student's classroom work,
5 observations, tests, state assessments, and other relevant
6 information. Progress reporting must be provided to the parent
7 in writing in a format adopted by the school.
8 (b) Beginning with the 2003-2004 school year, each
9 private school must annually report in writing to the parent
10 the following information on the prior school year, unless the
11 data reveals personally identifiable information about another
12 individual student, pursuant to the requirements of the
13 federal Family Educational Rights and Privacy Act of 1974, as
14 amended:
15 1. The provisions of this section relating to school
16 student progression and the school's policies and procedures
17 on student retention and promotion.
18 2. By grade, the number and percentage of all students
19 in grades 3 through 10 performing at Levels 1 and 2 on the
20 reading portion of the FCAT.
21 3. By grade, the number and percentage of all students
22 retained in grades 3 through 10.
23 4. Information on the total number of students who
24 were promoted for good cause, by each category of good cause
25 as specified in paragraph (14)(b).
26 5. Any revisions to the school's policy on student
27 retention and promotion from the prior year.
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30 ================ T I T L E A M E N D M E N T ===============
31 And the title is amended as follows:
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Amendment No. ___ Barcode 952586
1 On page 2, lines 26-28, delete those lines
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3 and insert:
4 fiscal year; requiring certain students to take
5 the Florida Comprehensive Assessment Test;
6 requiring a passing score to qualify for a
7 regular high school diploma; allowing tax
8 credits to be carried forward; requiring
9 certain parental obligations; providing for
10 forfeiture of scholarship under certain
11 circumstances; requiring remediation for
12 certain students; providing remediation
13 exceptions; requiring retention for certain
14 students; providing reporting requirements;
15 amending
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