SENATE AMENDMENT
    Bill No. SB 30-A
    Amendment No. ___   Barcode 952586
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                  1/F/2R         .                    
       05/16/2003 04:19 PM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senators Aronberg, Campbell and Bullard moved the following
12  amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 39, line 14, through
16            page 40, line 22, delete those lines
17  
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.
                                  1
    2:55 PM   05/15/03                               s0030Ac-27c2r

SENATE AMENDMENT Bill No. SB 30-A Amendment No. ___ Barcode 952586 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 2 2:55 PM 05/15/03 s0030Ac-27c2r
SENATE AMENDMENT Bill No. SB 30-A 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. 3 2:55 PM 05/15/03 s0030Ac-27c2r
SENATE AMENDMENT Bill No. SB 30-A Amendment No. ___ Barcode 952586 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 4 2:55 PM 05/15/03 s0030Ac-27c2r
SENATE AMENDMENT Bill No. SB 30-A Amendment No. ___ Barcode 952586 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 5 2:55 PM 05/15/03 s0030Ac-27c2r
SENATE AMENDMENT Bill No. SB 30-A Amendment No. ___ Barcode 952586 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 6 2:55 PM 05/15/03 s0030Ac-27c2r
SENATE AMENDMENT Bill No. SB 30-A 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 7 2:55 PM 05/15/03 s0030Ac-27c2r
SENATE AMENDMENT Bill No. SB 30-A Amendment No. ___ Barcode 952586 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 8 2:55 PM 05/15/03 s0030Ac-27c2r
SENATE AMENDMENT Bill No. SB 30-A 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. 28 29 30 ================ T I T L E A M E N D M E N T =============== 31 And the title is amended as follows: 9 2:55 PM 05/15/03 s0030Ac-27c2r
SENATE AMENDMENT Bill No. SB 30-A Amendment No. ___ Barcode 952586 1 On page 2, lines 26-28, delete those lines 2 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 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 10 2:55 PM 05/15/03 s0030Ac-27c2r