HB 1139

1
A bill to be entitled
2An act relating to reading deficiencies; amending s.
31002.20, F.S.; providing certain rights to parents of
4students with reading deficiencies; creating s. 1003.59,
5F.S.; requiring a Reading Enhancement and Acceleration
6Initiative to be established in each school district;
7providing focus of the initiative to prevent the retention
8of third-grade students and to provide accelerated reading
9instruction to students who fail to meet certain
10standards; specifying student and parent rights; providing
11for oversight and enforcement for noncompliance; providing
12an effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Subsections (11) through (22) of section
171002.20, Florida Statutes, are renumbered as subsections (12)
18through (23), respectively, and a new subsection (11) is added
19to said section to read:
20     1002.20  K-12 student and parent rights.--Parents of public
21school students must receive accurate and timely information
22regarding their child's academic progress and must be informed
23of ways they can help their child to succeed in school. K-12
24students and their parents are afforded numerous statutory
25rights including, but not limited to, the following:
26     (11)  STUDENTS WITH READING DEFICIENCIES.--Each elementary
27school shall regularly assess the reading ability of each K-3
28student. The parent of any K-3 student who exhibits a reading
29deficiency shall be immediately notified of the student?s
30deficiency with a description and explanation in terms
31understandable to the parent of the exact nature of the
32student?s struggle with reading, shall be consulted in the
33development of a detailed academic improvement plan, as
34described in s. 1008.25(4)(b), and shall be informed that the
35student will be given intensive reading instruction until the
36deficiency is corrected. This subsection operates in addition to
37the remediation and notification provisions contained in s.
381008.25 and in no way reduces the rights of a parent or the
39responsibilities of a school district under that section.
40     Section 2.  Section 1003.59, Florida Statutes, is created
41to read:
42     1003.59  Reading Enhancement and Acceleration Initiative.--
43     (1)  ESTABLISHMENT.--A Reading Enhancement and Acceleration
44Initiative shall be established in each school district. The
45focus of the statewide initiative shall be to:
46     (a)  Establish a reading enhancement initiative to prevent
47the retention of third-grade students by implementing a method
48and system for preventing illiteracy in grades K-3.
49     (b)  Establish a reading acceleration initiative to provide
50intensive, accelerated reading instruction to third-grade
51students who fail to meet standards for promotion to the fourth
52grade.
53     (2)  READING ENHANCEMENT INITIATIVE REQUIREMENTS.--The
54reading enhancement initiative shall:
55     (a)  Be provided to all K-3 students at risk of retention
56as identified by the Dynamic Indicators of Basic Early Literacy
57Skills (DIBELS), the statewide assessment system used in Florida
58Reading First schools. DIBELS are five brief measures of the
59important skills that form the basis for early success in
60reading.
61     (b)  Include daily 30-minute to 45-minute intensive reading
62instruction delivered by professional and paraprofessional staff
63trained to provide explicit, systematic instruction in the five
64essential components of reading as identified by Reading First,
65which are phonemic awareness, phonics, fluency, vocabulary, and
66comprehension, and in using assessment to indicate needed
67instruction.
68     (c)  Be provided during regular school hours in addition to
69the regular reading instruction.
70     (d)  Provide a state-identified reading curriculum that
71includes a method and system for preventing illiteracy that has
72been reviewed by the Florida Center for Reading Research at
73Florida State University and meets, at a minimum, the following
74specifications:
75     1.  Assists struggling readers to attain reading at grade
76level.
77     2.  Provides skill development in the five essential
78components of reading as identified by Reading First.
79     3.  Is research based and has a proven method and system
80for preventing illiteracy.
81     4.  Provides scientifically based and reliable assessment.
82     5.  Provides correct placement within the reading program.
83     6.  Provides initial and ongoing analysis of each student?s
84reading progress.
85     7.  Includes a computerized management system for immediate
86analysis and reporting to school officials and parents.
87     8.  Includes DIBELS assessment, or a completely equivalent
88measure, which is integrated into the curriculum.
89     (3)  READING ACCELERATION INITIATIVE REQUIREMENTS.--The
90reading acceleration initiative shall:
91     (a)  Be provided through reading acceleration centers to
92all third-grade students who fail to meet standards for
93promotion to the fourth grade.
94     (b)  Include daily 60-minute to 90-minute intensive,
95accelerated reading instruction delivered by high-quality
96instructional staff who hold certification in elementary
97education, certification in reading, or an endorsement in
98reading and who have extensive training in explicit, systematic
99instruction in the five essential components of reading as
100identified by Reading First and in using assessment to indicate
101needed instruction.
102     (c)  Be implemented during regular school hours.
103     (d)  Offer core education services to enrolled students to
104enable students to stay on grade level in other academic areas.
105     (e)  Adopt a reading curriculum that meets all requirements
106set forth in paragraph (2)(d).
107     (4)  STUDENT AND PARENT RIGHTS.-?
108     (a)  A student retained pursuant to s. 1008.25 may attend a
109reading acceleration center.
110     (b)  Each retained student shall be assessed each 9 weeks
111and shall be promoted to fourth grade if he or she becomes a
112successful and independent reader by achieving a passing score
113on a nationally recognized standardized test as determined by
114the Department of Education.
115     (c)  If a student achieves a score on a test administered
116pursuant to paragraph (b) that does not result in the student's
117promotion to the fourth grade, the school, in consultation with
118the student?s parent, shall modify the student?s academic
119improvement plan entered into pursuant to s. 1002.20(11) or s.
1201008.25(4)(b) to reflect the student?s current level of
121performance in phonemic awareness, phonics, fluency, vocabulary,
122and comprehension. During this process, the parent must be
123informed of all instructional and support services available to
124improve the student?s reading ability.
125     (5)  COMPLIANCE.--Any school district that fails to comply
126with the requirements of this section shall be subject to the
127oversight and enforcement provisions contained in s. 1008.32.
128     Section 3.  This act shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.