HB 1139

CS

CHAMBER ACTION

1	The Committee on Education K-20 recommends the following:
2
3	Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to reading deficiencies; amending s.
7	1002.20, F.S.; providing certain rights to parents of
8	students with reading deficiencies; requiring that parents
9	receive understandable information and are consulted
10	regarding a child's academic progress; amending s.
11	1008.25, F.S.; removing an obsolete date; providing
12	notification of additional information to parents of
13	students who exhibit a substantial reading deficiency;
14	revising certain good cause exemptions from mandatory
15	retention; requiring school districts to provide certain
16	reading interventions to students who have been retained;
17	providing school district requirements relating to
18	remediation of student reading deficiencies, parental
19	notification, implementation of a mid-year promotion
20	policy, provision of instructional options for students,
21	establishment of a Reading Enhancement and Acceleration
22	Development (READ) Initiative, and reporting; providing an
23	effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1.  Subsections (11) through (22) of section
28	1002.20, Florida Statutes, are renumbered as subsections (12)
29	through (23), respectively, and a new subsection (11) is added
30	to said section to read:
31	1002.20  K-12 student and parent rights.--Parents of public
32	school students must receive accurate and timely information
33	regarding their child's academic progress and must be informed
34	of ways they can help their child to succeed in school. K-12
35	students and their parents are afforded numerous statutory
36	rights including, but not limited to, the following:
37	(11)  STUDENTS WITH READING DEFICIENCIES.--Each elementary
38	school shall regularly assess the reading ability of each K-3
39	student. The parent of any K-3 student who exhibits a reading
40	deficiency shall be immediately notified of the student's
41	deficiency with a description and explanation, in terms
42	understandable to the parent, of the exact nature of the
43	student's difficulty in learning and lack of achievement in
44	reading; shall be consulted in the development of a detailed
45	academic improvement plan, as described in s. 1008.25(4)(b); and
46	shall be informed that the student will be given intensive
47	reading instruction until the deficiency is corrected. This
48	subsection operates in addition to the remediation and
49	notification provisions contained in s. 1008.25 and in no way
50	reduces the rights of a parent or the responsibilities of a
51	school district under that section.
52	Section 2.  Subsection (5) and paragraph (b) of subsection
53	(6) of section 1008.25, Florida Statutes, are amended,
54	subsections (7), (8), and (9) are renumbered as subsections (8),
55	(9), and (10), respectively, and a new subsection (7) is added
56	to said section, to read:
57	1008.25  Public school student progression; remedial
58	instruction; reporting requirements.--
59	(5)  READING DEFICIENCY AND PARENTAL NOTIFICATION.--
60	(a)  It is the ultimate goal of the Legislature that every
61	student read at or above grade level. Any student who exhibits a
62	substantial deficiency in reading, based upon locally determined
63	or statewide assessments conducted in kindergarten or grade 1,
64	grade 2, or grade 3, or through teacher observations, must be
65	given intensive reading instruction immediately following the
66	identification of the reading deficiency. The student's reading
67	proficiency must be reassessed by locally determined assessments
68	or through teacher observations at the beginning of the grade
69	following the intensive reading instruction. The student must
70	continue to be provided with intensive reading instruction until
71	the reading deficiency is remedied.
72	(b)  Beginning with the 2002-2003 school year, if the
73	student's reading deficiency, as identified in paragraph (a), is
74	not remedied by the end of grade 3, as demonstrated by scoring
75	at Level 2 or higher on the statewide assessment test in reading
76	for grade 3, the student must be retained.
77	(c)  Beginning with the 2002-2003 school year, The parent
78	of any student who exhibits a substantial deficiency in reading,
79	as described in paragraph (a), must be notified in writing of
80	the following:
81	1.  That his or her child has been identified as having a
82	substantial deficiency in reading.
83	2.  A description of the current services that are provided
84	to the child.
85	3.  A description of the proposed supplemental
86	instructional services and supports that will be provided to the
87	child that are designed to remediate the identified area of
88	reading deficiency.
89	4.  That if the child's reading deficiency is not
90	remediated by the end of grade 3, the child must be retained
91	unless he or she is exempt from mandatory retention for good
92	cause.
93	5.  Strategies for parents to use in helping their child
94	succeed in reading proficiency.
95	6.  That the Florida Comprehensive Assessment Test (FCAT)
96	is not the sole determiner of promotion and that additional
97	evaluations, portfolio reviews, and assessments are available to
98	the child to assist parents and the school district in knowing
99	when a child is reading at or above grade level and ready for
100	grade promotion.
101	7.  The district's specific criteria and policies for mid-
102	year promotion. Mid-year promotion means promotion of a retained
103	student at any time during the year of retention once the
104	student has demonstrated ability to read at grade level.
105	(6)  ELIMINATION OF SOCIAL PROMOTION.--
106	(b)  The district school board may only exempt students
107	from mandatory retention, as provided in paragraph (5)(b), for
108	good cause. Good cause exemptions shall be limited to the
109	following:
110	1.  Limited English proficient students who have had less
111	than 2 years of instruction in an English for Speakers of Other
112	Languages program.
113	2.  Students with disabilities whose individual education
114	plan indicates that participation in the statewide assessment
115	program is not appropriate, consistent with the requirements of
116	State Board of Education rule.
117	3.  Students who demonstrate an acceptable level of
118	performance on an alternative standardized reading assessment
119	approved by the State Board of Education.
120	4.  Students who demonstrate, through a student portfolio,
121	that the student is reading on grade level as evidenced by
122	demonstration of mastery of the Sunshine State Standards in
123	reading equal to at least a Level 2 performance on the FCAT.
124	5.  Students with disabilities who participate in the FCAT
125	and who have an individual education plan or a Section 504 plan
126	that reflects that the student has received the intensive
127	remediation in reading, as required by paragraph (4)(b), for
128	more than 2 years but still demonstrates a deficiency in reading
129	and was previously retained in kindergarten, grade 1, or grade
130	2, or grade 3.
131	6.  Students who have received the intensive remediation in
132	reading as required by paragraph (4)(b) for 2 or more years but
133	still demonstrate a deficiency in reading and who were
134	previously retained in kindergarten, grade 1, or grade 2, or
135	grade 3 for a total of 2 years. Intensive reading instruction
136	for students so promoted must include an altered instructional
137	day based upon an academic improvement plan that includes
138	specialized diagnostic information and specific reading
139	strategies for each student. The district school board shall
140	assist schools and teachers to implement reading strategies that
141	research has shown to be successful in improving reading among
142	low performing readers.
143	(7)  SUCCESSFUL PROGRESSION FOR RETAINED READERS.--
144	(a)  Students retained under the provisions of paragraph
145	(5)(b) must be provided intensive interventions in reading to
146	ameliorate the student's specific reading deficiency, as
147	identified by a valid and reliable diagnostic assessment. This
148	intensive intervention must include effective instructional
149	strategies, participation for no less than 6 weeks in the school
150	district's summer reading camp, and appropriate teaching
151	methodologies necessary to assist those students in becoming
152	successful readers, able to read at or above grade level, and
153	ready for promotion to the next grade.
154	(b)  Beginning with the 2004-2005 school year, each school
155	district shall:
156	1.  Conduct a review of student academic improvement plans
157	for all students who did not score above Level 1 on the reading
158	portion of the FCAT and did not meet the criteria for one of the
159	good cause exemptions in paragraph (6)(b). The review shall
160	address additional supports and services, as described in this
161	subsection, needed to remediate the identified areas of reading
162	deficiency. The school district shall require a student
163	portfolio to be completed for each such student.
164	2.  Provide students who are retained under the provisions
165	of paragraph (5)(b) with intensive instructional services and
166	supports to remediate the identified areas of reading
167	deficiency, including a minimum of 90 minutes of daily,
168	uninterrupted, scientifically research-based reading instruction
169	and other strategies prescribed by the school district, which
170	may include, but are not limited to:
171	a.  Small group instruction.
172	b.  Reduced teacher-student ratios.
173	c.  More frequent progress monitoring.
174	d.  Tutoring or mentoring.
175	e.  Transition classes containing 3rd and 4th grade
176	students.
177	f.  Extended school day, week, or year.
178	g.  Summer reading camps.
179	3.  Provide written notification to the parent of any
180	student who is retained under the provisions of paragraph (5)(b)
181	that his or her child has not met the proficiency level required
182	for promotion and the reasons the child is not eligible for a
183	good cause exemption as provided in paragraph (6)(b). The
184	notification must comply with the provisions of s. 1002.20(11)
185	and must include a description of proposed interventions and
186	supports that will be provided to the child to remediate the
187	identified areas of reading deficiency.
188	4.  Implement a policy for the mid-year promotion of any
189	student retained under the provisions of paragraph (5)(b) who
190	can demonstrate that he or she is a successful and independent
191	reader, reading at or above grade level, and ready to be
192	promoted to grade 4. Tools that school districts may use in
193	reevaluating any student retained may include subsequent
194	assessments, alternative assessments, and portfolio reviews, in
195	accordance with rules of the State Board of Education. Students
196	promoted during the school year after November 1 must
197	demonstrate proficiency above that required to score at Level 2
198	on the grade 3 FCAT, as determined by the State Board of
199	Education. The State Board of Education shall adopt standards
200	that provide a reasonable expectation that the student's
201	progress is sufficient to master appropriate 4th grade level
202	reading skills.
203	5.  Provide students who are retained under the provisions
204	of paragraph (5)(b) with a high-performing teacher as determined
205	by student performance data and above-satisfactory performance
206	appraisals.
207	6.  In addition to required reading enhancement and
208	acceleration strategies, provide parents of students to be
209	retained with at least one of the following instructional
210	options:
211	a.  Supplemental tutoring in scientifically research-based
212	reading services in addition to the regular reading block,
213	including tutoring before and/or after school.
214	b.  A "Read at Home" plan outlined in a parental contract,
215	including participation in "Families Building Better Readers
216	Workshops" and regular parent-guided home reading.
217	c.  A mentor or tutor with specialized reading training.
218	7.  Establish a Reading Enhancement and Acceleration
219	Development (READ) Initiative. The focus of the READ Initiative
220	shall be to prevent the retention of grade 3 students and to
221	offer intensive accelerated reading instruction to grade 3
222	students who failed to meet standards for promotion to grade 4
223	and to each K-3 student who is assessed as exhibiting a reading
224	deficiency. The READ Initiative shall:
225	a.  Be provided to all K-3 students at risk of retention as
226	identified by the statewide assessment system used in Reading
227	First schools. The assessment must measure phonemic awareness,
228	phonics, fluency, vocabulary, and comprehension.
229	b.  Be provided during regular school hours in addition to
230	the regular reading instruction.
231	c.  Provide a state-identified reading curriculum that has
232	been reviewed by the Florida Center for Reading Research at
233	Florida State University and meets, at a minimum, the following
234	specifications:
235	(I)  Assists students assessed as exhibiting a reading
236	deficiency in developing the ability to read at grade level.
237	(II)  Provides skill development in phonemic awareness,
238	phonics, fluency, vocabulary, and comprehension.
239	(III)  Provides scientifically based and reliable
240	assessment.
241	(IV)  Provides initial and ongoing analysis of each
242	student's reading progress.
243	(V)  Is implemented during regular school hours.
244	(VI)  Provides a curriculum in core academic subjects to
245	assist the student in maintaining or meeting proficiency levels
246	for the appropriate grade in all academic subjects.
247	8.  Report to the State Board of Education, as requested,
248	on the specific intensive reading interventions and supports
249	implemented at the school district level. The Commissioner of
250	Education shall annually prescribe the required components of
251	requested reports.
252	9.  Provide a student who has been retained in grade 3 and
253	has received intensive instructional services but is still not
254	ready for grade promotion, as determined by the school district,
255	the option of being placed in a transitional instructional
256	setting. Such setting shall specifically be designed to produce
257	learning gains sufficient to meet grade 4 performance standards
258	while continuing to remediate the areas of reading deficiency.
259	Section 3.  This act shall take effect July 1, 2004.

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