1 | The Committee on Education K-20 recommends the following: |
2 |
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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 |
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25 | Be It Enacted by the Legislature of the State of Florida: |
26 |
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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. |