(LATE FILED)	Amendment
Bill No. 1678

Amendment No. 104657

CHAMBER ACTION
Senate		House
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1	Representative(s) Bendross-Mindingall offered the following:
2
3	Amendment (with title amendment)
4	On page 3, between lines 5 and 6,
5	insert:
6	Section 2.  Subsections (5), (6), and (7) of section
7	1008.25, Florida Statutes, are amended to read:
8	1008.25  Public school student progression; remedial
9	instruction; reporting requirements.--
10	(5)  READING DEFICIENCY AND PARENTAL NOTIFICATION.--
11	(a)  It is the ultimate goal of the Legislature that every
12	student read at or above grade level. Any student who exhibits a
13	substantial deficiency in reading, based upon locally determined
14	or statewide assessments conducted in kindergarten or grade 1,
15	grade 2, or grade 3, or grade 4, or through teacher
16	observations, must be given intensive reading instruction
17	immediately following the identification of the reading
18	deficiency. The student's reading proficiency must be reassessed
19	by locally determined assessments or through teacher
20	observations at the beginning of the grade following the
21	intensive reading instruction. The student must continue to be
22	provided with intensive reading instruction until the reading
23	deficiency is remedied.
24	(b)  Beginning with the 2005-2006 2002-2003 school year, if
25	the student's reading deficiency, as identified in paragraph
26	(a), is not remedied by the end of grade 4 3, as demonstrated by
27	statewide assessment testing in reading and by teacher
28	observation of a deficiency in reading scoring at Level 2 or
29	higher on the statewide assessment test in reading for grade 3,
30	the student must be retained.
31	(c)  The parent of any student who exhibits a substantial
32	deficiency in reading, as described in paragraph (a), must be
33	notified in writing of the following:
34	1.  That his or her child has been identified as having a
35	substantial deficiency in reading.
36	2.  A description of the current services that are provided
37	to the child.
38	3.  A description of the proposed supplemental
39	instructional services and supports that will be provided to the
40	child that are designed to remediate the identified area of
41	reading deficiency.
42	4.  That if the child's reading deficiency is not
43	remediated by the end of grade 4 3, the child must be retained
44	unless he or she is exempt from mandatory retention for good
45	cause.
46	5.  Strategies for parents to use in helping their child
47	succeed in reading proficiency.
48	6.  That the Florida Comprehensive Assessment Test (FCAT)
49	is not the sole determiner of promotion and that additional
50	evaluations, portfolio reviews, and assessments are available to
51	the child to assist parents and the school district in knowing
52	when a child is reading at or above grade level and ready for
53	grade promotion.
54	7.  The district's specific criteria and policies for
55	midyear promotion. Midyear promotion means promotion of a
56	retained student at any time during the year of retention once
57	the student has demonstrated ability to read at grade level.
58	(6)  ELIMINATION OF SOCIAL PROMOTION.--
59	(a)  No student may be assigned to a grade level based
60	solely on age or other factors that constitute social promotion.
61	(b)  The district school board may only exempt students
62	from mandatory retention, as provided in paragraph (5)(b), for
63	good cause. Good cause exemptions shall be limited to the
64	following:
65	1.  Limited English proficient students who have had less
66	than 2 years of instruction in an English for Speakers of Other
67	Languages program.
68	2.  Students with disabilities whose individual education
69	plan indicates that participation in the statewide assessment
70	program is not appropriate, consistent with the requirements of
71	State Board of Education rule.
72	3.  Students who demonstrate an acceptable level of
73	performance on an alternative standardized reading assessment
74	approved by the State Board of Education.
75	4.  Students who demonstrate, through a student portfolio,
76	that the student is reading on grade level as evidenced by
77	demonstration of mastery of the Sunshine State Standards in
78	reading equal to at least a Level 2 performance on the FCAT.
79	5.  Students with disabilities who participate in the FCAT
80	and who have an individual education plan or a Section 504 plan
81	that reflects that the student has received the intensive
82	remediation in reading, as required by paragraph (4)(b), for
83	more than 2 years but still demonstrates a deficiency in reading
84	and was previously retained in kindergarten, grade 1, grade 2,
85	or grade 3, or grade 4.
86	6.  Students who have received the intensive remediation in
87	reading as required by paragraph (4)(b) for 2 or more years but
88	still demonstrate a deficiency in reading and who were
89	previously retained in kindergarten, grade 1, grade 2, or grade
90	3, or grade 4 for a total of 2 years. Intensive reading
91	instruction for students so promoted must include an altered
92	instructional day based upon an academic improvement plan that
93	includes specialized diagnostic information and specific reading
94	strategies for each student. The district school board shall
95	assist schools and teachers to implement reading strategies that
96	research has shown to be successful in improving reading among
97	low-performing readers.
98	(c)  Requests for good cause exemptions for students from
99	the mandatory retention requirement as described in
100	subparagraphs (b)3. and 4. shall be made consistent with the
101	following:
102	1.  Documentation shall be submitted from the student's
103	teacher to the school principal that indicates that the
104	promotion of the student is appropriate and is based upon the
105	student's academic record. In order to minimize paperwork
106	requirements, such documentation shall consist only of the
107	existing academic improvement plan, individual educational plan,
108	if applicable, report card, or student portfolio.
109	2.  The school principal shall review and discuss such
110	recommendation with the teacher and make the determination as to
111	whether the student should be promoted or retained. If the
112	school principal determines that the student should be promoted,
113	the school principal shall make such recommendation in writing
114	to the district school superintendent. The district school
115	superintendent shall accept or reject the school principal's
116	recommendation in writing.
117	(7)  SUCCESSFUL PROGRESSION FOR RETAINED READERS.--
118	(a)  Students retained under the provisions of paragraph
119	(5)(b) must be provided intensive interventions in reading to
120	ameliorate the student's specific reading deficiency, as
121	identified by a valid and reliable diagnostic assessment. This
122	intensive intervention must include effective instructional
123	strategies, participation in the school district's summer
124	reading camp, and appropriate teaching methodologies necessary
125	to assist those students in becoming successful readers, able to
126	read at or above grade level, and ready for promotion to the
127	next grade.
128	(b)  Beginning with the 2005-2006 2004-2005 school year,
129	each school district shall:
130	1.  Conduct a review of student academic improvement plans
131	for all students who did not score above Level 1 on the reading
132	portion of the FCAT and did not meet the criteria for one of the
133	good cause exemptions in paragraph (6)(b). The review shall
134	address additional supports and services, as described in this
135	subsection, needed to remediate the identified areas of reading
136	deficiency. The school district shall require a student
137	portfolio to be completed for each such student.
138	2.  Provide students who are retained under the provisions
139	of paragraph (5)(b) with intensive instructional services and
140	supports to remediate the identified areas of reading
141	deficiency, including a minimum of 90 minutes of daily,
142	uninterrupted, scientifically research-based reading instruction
143	and other strategies prescribed by the school district, which
144	may include, but are not limited to:
145	a.  Small group instruction.
146	b.  Reduced teacher-student ratios.
147	c.  More frequent progress monitoring.
148	d.  Tutoring or mentoring.
149	e.  Transition classes containing 4th and 5th 3rd and 4th
150	grade students.
151	f.  Extended school day, week, or year.
152	g.  Summer reading camps.
153	3.  Provide written notification to the parent of any
154	student who is retained under the provisions of paragraph (5)(b)
155	that his or her child has not met the proficiency level required
156	for promotion and the reasons the child is not eligible for a
157	good cause exemption as provided in paragraph (6)(b). The
158	notification must comply with the provisions of s. 1002.20(14)
159	and must include a description of proposed interventions and
160	supports that will be provided to the child to remediate the
161	identified areas of reading deficiency.
162	4.  Implement a policy for the midyear promotion of any
163	student retained under the provisions of paragraph (5)(b) who
164	can demonstrate that he or she is a successful and independent
165	reader, reading at or above grade level, and ready to be
166	promoted to grade 5 4. Tools that school districts may use in
167	reevaluating any student retained may include subsequent
168	assessments, alternative assessments, and portfolio reviews, in
169	accordance with rules of the State Board of Education. Students
170	promoted during the school year after November 1 must
171	demonstrate proficiency above that required to score at Level 2
172	on the grade 3 FCAT, as determined by the State Board of
173	Education. The State Board of Education shall adopt standards
174	that provide a reasonable expectation that the student's
175	progress is sufficient to master appropriate 5th 4th grade level
176	reading skills.
177	5.  Provide students who are retained under the provisions
178	of paragraph (5)(b) with a high-performing teacher as determined
179	by student performance data and above-satisfactory performance
180	appraisals.
181	6.  In addition to required reading enhancement and
182	acceleration strategies, provide parents of students to be
183	retained with at least one of the following instructional
184	options:
185	a.  Supplemental tutoring in scientifically research-based
186	reading services in addition to the regular reading block,
187	including tutoring before and/or after school.
188	b.  A "Read at Home" plan outlined in a parental contract,
189	including participation in "Families Building Better Readers
190	Workshops" and regular parent-guided home reading.
191	c.  A mentor or tutor with specialized reading training.
192	7.  Establish a Reading Enhancement and Acceleration
193	Development (READ) Initiative. The focus of the READ Initiative
194	shall be to prevent the retention of grade 4 3 students and to
195	offer intensive accelerated reading instruction to grade 4 3
196	students who failed to meet standards for promotion to grade 5 4
197	and to each K-4 K-3 student who is assessed as exhibiting a
198	reading deficiency. The READ Initiative shall:
199	a.  Be provided to all K-4 K-3 students at risk of
200	retention as identified by the statewide assessment system used
201	in Reading First schools. The assessment must measure phonemic
202	awareness, phonics, fluency, vocabulary, and comprehension.
203	b.  Be provided during regular school hours in addition to
204	the regular reading instruction.
205	c.  Provide a state-identified reading curriculum that has
206	been reviewed by the Florida Center for Reading Research at
207	Florida State University and meets, at a minimum, the following
208	specifications:
209	(I)  Assists students assessed as exhibiting a reading
210	deficiency in developing the ability to read at grade level.
211	(II)  Provides skill development in phonemic awareness,
212	phonics, fluency, vocabulary, and comprehension.
213	(III)  Provides scientifically based and reliable
214	assessment.
215	(IV)  Provides initial and ongoing analysis of each
216	student's reading progress.
217	(V)  Is implemented during regular school hours.
218	(VI)  Provides a curriculum in core academic subjects to
219	assist the student in maintaining or meeting proficiency levels
220	for the appropriate grade in all academic subjects.
221	8.  Establish at each school, where applicable, an
222	Intensive Acceleration Class for retained grade 4 3 students who
223	subsequently score at Level 1 on the reading portion of the
224	FCAT. The focus of the Intensive Acceleration Class shall be to
225	increase a child's reading level at least two grade levels in 1
226	school year. The Intensive Acceleration Class shall:
227	a.  Be provided to any student in grade 4 3 who scores at
228	Level 1 on the reading portion of the FCAT and who was retained
229	in grade 4 3 the prior year because of scoring at Level 1 on the
230	reading portion of the FCAT.
231	b.  Have a reduced teacher-student ratio.
232	c.  Provide uninterrupted reading instruction for the
233	majority of student contact time each day and incorporate
234	opportunities to master the grade 5 4 Sunshine State Standards
235	in other core subject areas.
236	d.  Use a reading program that is scientifically research-
237	based and has proven results in accelerating student reading
238	achievement within the same school year.
239	e.  Provide intensive language and vocabulary instruction
240	using a scientifically research-based program, including use of
241	a speech-language therapist.
242	f.  Include weekly progress monitoring measures to ensure
243	progress is being made.
244	g.  Report to the Department of Education, in the manner
245	described by the department, the progress of students in the
246	class at the end of the first semester.
247	9.  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	10.  Provide a student who has been retained in grade 4 3
253	and has received intensive instructional services but is still
254	not ready for grade promotion, as determined by the school
255	district, the option of being placed in a transitional
256	instructional setting. Such setting shall specifically be
257	designed to produce learning gains sufficient to meet grade 5 4
258	performance standards while continuing to remediate the areas of
259	reading deficiency.
260
261
262	================= T I T L E  A M E N D M E N T =================
263	On page 1, line(s) 2-8,
264	Remove all of said lines and insert:
265	An act relating to public schools; amending s. 1003.03, F.S.;
266	revising provisions relating to determination of class size
267	averages for purpose of compliance with class size maximums;
268	providing for reversal of class size reduction operating
269	categorical transfers under certain circumstances; amending s.
270	1008.25, F.S.; revising provisions relating to mandatory
271	retention in the public schools; providing for mandatory
272	retention at the end of grade 4 based on reading deficiency
273	demonstrated by statewide assessment testing and teacher
274	observation; conforming provisions relating to intensive
275	interventions in reading for retained students; providing an

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