HB 1139

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

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