HB 1139

CS

CHAMBER ACTION

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

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