HB 1737

1	A bill to be entitled
2	An act relating to education; amending s. 1001.03, F.S.;
3	requiring the State Board of Education to review the
4	Sunshine State Standards and provide a report evaluating
5	the extent to which the standards are being taught;
6	creating s. 1001.215, F.S.; creating the Just Read,
7	Florida! Office in the Department of Education; providing
8	duties; amending s. 1001.41, F.S.; requiring district
9	school boards to adopt policies to provide each student a
10	complete education program; amending s. 1001.42, F.S.;
11	conforming provisions; amending s. 1003.415, F.S.;
12	providing the mission of middle grades; deleting the
13	rigorous reading requirement for middle grade students;
14	deleting obsolete language relating to a department study;
15	revising requirements for development of a student middle
16	school success plan; creating s. 1003.4155, F.S.;
17	specifying the grading scale for grades 6 through 8;
18	creating s. 1003.4156, F.S.; specifying general
19	requirements for middle school promotion; requiring an
20	intensive reading course under certain circumstances;
21	defining an academic credit; authorizing a process for
22	waiving requirements; requiring the adoption of rules for
23	alternative promotion standards for students in schools
24	with certain grade configurations; creating s. 1004.64,
25	F.S.; creating the Florida Center for Reading Research;
26	providing duties, including the establishment of regional
27	partnerships; providing a restriction with respect to
28	persons with financial interests; amending s. 1008.25,
29	F.S.; requiring the department to establish a uniform
30	format for reporting information relating to student
31	progression; requiring an annual report; amending s.
32	1011.62, F.S.; providing funding for supplemental services
33	for certain students; conforming cross references;
34	establishing a research-based reading instruction
35	allocation to provide funds for a comprehensive reading
36	instruction system; requiring school district plans for
37	use of the allocation; including the allocation in the
38	total amount allocated to each school district for current
39	operation; amending s. 1011.71, F.S.; correcting a cross
40	reference; amending s. 1012.34, F.S.; conforming
41	provisions; creating s. 1012.986, F.S.; establishing the
42	A+ Professional Development Program for School Leaders;
43	defining the term "school leader"; establishing school
44	leadership designations and criteria therefor; providing
45	criteria for calculating school grades for purpose of such
46	designations; providing program requirements and delivery;
47	requiring the adoption of rules; providing an effective
48	date.
49
50	Be It Enacted by the Legislature of the State of Florida:
51
52	Section 1.  Subsection (1) of section 1001.03, Florida
53	Statutes, is amended to read:
54	1001.03  Specific powers of State Board of Education.--
55	(1)  PUBLIC K-12 STUDENT PERFORMANCE STANDARDS.--The State
56	Board of Education shall approve the student performance
57	standards known as the Sunshine State Standards in key academic
58	subject areas and grade levels. The state board shall
59	periodically review the standards to ensure adequate rigor and
60	evaluate the extent to which the standards are being taught at
61	each grade level. The evaluation shall be provided to the
62	Governor, the Speaker of the House of Representatives, and the
63	President of the Senate and shall include a determination of the
64	district school boards' provision of a complete education
65	program pursuant to s. 1001.41(3).
66	Section 2.  Section 1001.215, Florida Statutes, is created
67	to read:
68	1001.215  Just Read, Florida! Office.--There is created in
69	the Department of Education the Just Read, Florida! Office. The
70	office shall:
71	(1)  Train professionally certified teachers to become
72	certified reading coaches.
73	(2)  Create multiple designations of effective reading
74	instruction, with accompanying credentials, that encourage all
75	teachers to integrate reading instruction into their content
76	areas.
77	(3)  Train K-12 teachers, school principals, and parents on
78	research-based reading instruction strategies.
79	(4)  Provide technical assistance to school districts in
80	the development and implementation of district plans for use of
81	the research-based reading instruction allocation provided in s.
82	1011.62(9) and annually review and approve such plans.
83	(5)  Work with the Florida Center for Reading Research
84	created pursuant to s. 1004.64 to provide information on
85	research-based reading programs.
86	(6)  Periodically review the Sunshine State Standards for
87	reading at all grade levels.
88	(7)  Periodically review teacher certification examinations
89	to ensure that the examinations measure necessary skills in
90	research-based reading instructional strategies.
91	(8)  Work with teacher preparation programs approved
92	pursuant to s. 1004.04 to ensure integration of research-based
93	reading instructional strategies into teacher preparation
94	programs.
95	(9)  Administer grants and perform other functions
96	necessary to assist with meeting the goal that all students read
97	at grade level.
98	Section 3.  Subsection (3) of section 1001.41, Florida
99	Statutes, is amended to read:
100	1001.41  General powers of district school board.--The
101	district school board, after considering recommendations
102	submitted by the district school superintendent, shall exercise
103	the following general powers:
104	(3)  Prescribe and adopt standards and policies to provide
105	each student the opportunity to receive a complete education
106	program, including language arts, mathematics, science, social
107	studies, health, physical education, foreign languages, and the
108	arts as defined by the Sunshine State Standards pursuant to s.
109	1001.03(1) as are considered desirable by it for improving the
110	district school system.
111	Section 4.  Paragraph (a) of subsection (16) of section
112	1001.42, Florida Statutes, is amended to read:
113	1001.42  Powers and duties of district school board.--The
114	district school board, acting as a board, shall exercise all
115	powers and perform all duties listed below:
116	(16)  IMPLEMENT SCHOOL IMPROVEMENT AND
117	ACCOUNTABILITY.--Maintain a system of school improvement and
118	education accountability as provided by statute and State Board
119	of Education rule. This system of school improvement and
120	education accountability shall be consistent with, and
121	implemented through, the district's continuing system of
122	planning and budgeting required by this section and ss.
123	1008.385, 1010.01, and 1011.01. This system of school
124	improvement and education accountability shall include, but is
125	not limited to, the following:
126	(a)  School improvement plans.--Annually approve and
127	require implementation of a new, amended, or continuation school
128	improvement plan for each school in the district, except that a
129	district school board may establish a district school
130	improvement plan that includes all schools in the district
131	operating for the purpose of providing educational services to
132	youth in Department of Juvenile Justice programs. Such plan
133	shall be designed to achieve the state education priorities
134	pursuant to s. 1000.03(5) and student performance standards. In
135	addition, any school required to implement a rigorous reading
136	requirement pursuant to s. 1003.415 must include such component
137	in its school improvement plan. Each plan shall also address
138	issues relative to budget, training, instructional materials,
139	technology, staffing, student support services, specific school
140	safety and discipline strategies, student health and fitness,
141	including physical fitness, parental information on student
142	health and fitness, and indoor environmental air quality, and
143	other matters of resource allocation, as determined by district
144	school board policy, and shall be based on an analysis of
145	student achievement and other school performance data.
146	Section 5.  Section 1003.415, Florida Statutes, is amended
147	to read:
148	1003.415  The Middle Grades Reform Act.--
149	(1)  POPULAR NAME.--This section shall be known by the
150	popular name the "Middle Grades Reform Act."
151	(2)  PURPOSE AND INTENT.--
152	(a)  The purpose of this section is to provide added focus
153	and rigor to academics in the middle grades. Using reading as
154	the foundation, all middle grade students should receive
155	rigorous academic instruction through challenging curricula
156	delivered by highly qualified teachers in schools with
157	outstanding leadership, which schools are supported by engaged
158	and informed parents.
159	(b)  It is the intent of the Legislature that students
160	promoted from the eighth grade will be ready for success in high
161	school and that the mission of middle grades is to prepare
162	students to graduate from high school.
163	(3)  DEFINITION.--As used in this section, the term "middle
164	grades" means grades 6, 7, and 8.
165	(4)  CURRICULA AND COURSES.--The Department of Education
166	shall review course offerings, teacher qualifications,
167	instructional materials, and teaching practices used in reading
168	and language arts programs in the middle grades. The department
169	must consult with the Florida Center for Reading Research at
170	Florida State University, the Just Read, Florida! Office,
171	reading researchers, reading specialists, and district
172	supervisors of curriculum in the development of findings and
173	recommendations. The Commissioner of Education shall make
174	recommendations to the State Board of Education regarding
175	changes to reading and language arts curricula in the middle
176	grades based on research-based proven effective programs. The
177	State Board of Education shall adopt rules based upon the
178	commissioner's recommendations no later than March 1, 2005.
179	Implementation of new or revised reading and language arts
180	courses in all middle grades shall be phased in beginning no
181	later than the 2005-2006 school year with completion no later
182	than the 2008-2009 school year.
183	(5)  RIGOROUS READING REQUIREMENT.--
184	(a)  Beginning with the 2004-2005 school year, each public
185	school serving middle grade students, including charter schools,
186	with fewer than 75 percent of its students reading at or above
187	grade level in grade 6, grade 7, or grade 8 as measured by a
188	student scoring at Level 3 or above on the FCAT during the prior
189	school year, must incorporate by October 1 a rigorous reading
190	requirement for reading and language arts programs as the
191	primary component of its school improvement plan. The department
192	shall annually provide to each district school board by June 30
193	a list of its schools that are required to incorporate a
194	rigorous reading requirement as the primary component of the
195	school's improvement plan. The department shall provide
196	technical assistance to school districts and school
197	administrators required to implement the rigorous reading
198	requirement.
199	(b)  The purpose of the rigorous reading requirement is to
200	assist each student who is not reading at or above grade level
201	to do so before entering high school. The rigorous reading
202	requirement must include for a middle school's low-performing
203	student population specific areas that address phonemic
204	awareness, phonics, fluency, comprehension, and vocabulary; the
205	desired levels of performance in those areas; and the
206	instructional and support services to be provided to meet the
207	desired levels of performance. The school shall use research-
208	based reading activities that have been shown to be successful
209	in teaching reading to low-performing students.
210	(c)  Schools required to implement the rigorous reading
211	requirement must provide quarterly reports to the district
212	school superintendent on the progress of students toward
213	increased reading achievement.
214	(d)  The results of implementation of a school's rigorous
215	reading requirement shall be used as part of the annual
216	evaluation of the school's instructional personnel and school
217	administrators as required in s. 1012.34.
218	(6)  COMPREHENSIVE REFORM STUDY ON THE ACADEMIC PERFORMANCE
219	OF STUDENTS AND SCHOOLS.--
220	(a)  The department shall conduct a study on how the
221	overall academic performance of middle grade students and
222	schools can be improved. The department must consult with the
223	Florida Center for Reading Research at Florida State University,
224	the Just Read, Florida! Office, and key education stakeholders,
225	including district school board members, district school
226	superintendents, principals, parents, teachers, district
227	supervisors of curriculum, and students across the state, in the
228	development of its findings and recommendations. The department
229	shall review, at a minimum, each of the following elements:
230	1.  Academic expectations, which include, but are not
231	limited to:
232	a.  Alignment of middle school expectations with elementary
233	and high school graduation requirements.
234	b.  Best practices to improve reading and language arts
235	courses based on research-based programs for middle school
236	students in alignment with the Sunshine State Standards.
237	c.  Strategies that focus on improving academic success for
238	low-performing students.
239	d.  Rigor of curricula and courses.
240	e.  Instructional materials.
241	f.  Course enrollment by middle school students.
242	g.  Student support services.
243	h.  Measurement and reporting of student achievement.
244	2.  Attendance policies and student mobility issues.
245	3.  Teacher quality, which includes, but is not limited to:
246	a.  Preparedness of teachers to teach rigorous courses to
247	middle school students.
248	b.  Teacher evaluations.
249	c.  Substitute teachers.
250	d.  Certification and recertification requirements.
251	e.  Staff development requirements.
252	f.  Availability of effective staff development training.
253	g.  Teacher recruitment and vacancy issues.
254	h.  Federal requirements for highly qualified teachers
255	pursuant to the No Child Left Behind Act of 2001.
256	4.  Identification and availability of diagnostic testing.
257	5.  Availability of personnel and scheduling issues.
258	6.  Middle school leadership and performance.
259	7.  Parental and community involvement.
260	(b)  By December 1, 2004, the Commissioner of Education
261	shall submit to the President of the Senate, the Speaker of the
262	House of Representatives, the chairs of the education committees
263	in the Senate and the House of Representatives, and the State
264	Board of Education recommendations to increase the academic
265	performance of middle grade students and schools.
266	(5)(7)  PERSONALIZED MIDDLE SCHOOL SUCCESS PLAN.--
267	(a)  Beginning with the 2004-2005 school year, Each
268	principal of a school with a middle grade shall designate
269	certified staff members at the school to develop and administer
270	a personalized middle school success plan for each entering
271	sixth grade student who scored below Level 2.5 3 in reading on
272	the most recently administered FCAT. The purpose of the success
273	plan is to assist the student in meeting state and school
274	district expectations in academic proficiency and to prepare the
275	student for a rigorous high school curriculum. The success plan
276	shall be developed in collaboration with the student and his or
277	her parent and must be implemented until the student completes
278	the eighth grade or achieves a score at Level 2.5 3 or above in
279	reading on the FCAT, whichever occurs first. The success plan
280	must minimize paperwork and may be incorporated into a
281	parent/teacher conference, included as part of a progress report
282	or report card, included as part of a general orientation at the
283	beginning of the school year, or provided by electronic mail or
284	other written correspondence.
285	(b)  The personalized middle school success plan must:
286	1.  Identify educational goals and intermediate benchmarks
287	for the student in the core curriculum areas which will prepare
288	the student for high school.
289	2.  Be based upon academic performance data and an
290	identification of the student's strengths and weaknesses.
291	3.  Include academic intervention strategies with frequent
292	progress monitoring.
293	4.  Provide innovative methods to promote the student's
294	advancement which may include, but not be limited to, flexible
295	scheduling, tutoring, focus on core curricula, online
296	instruction, an alternative learning environment, or other
297	interventions that have been shown to accelerate the learning
298	process.
299	(c)  The personalized middle school success plan must be
300	incorporated into any individual student plan required by
301	federal or state law, including the academic improvement plan
302	required in s. 1008.25, an individual education plan (IEP) for a
303	student with disabilities, a federal 504 plan, or an ESOL plan.
304	(d)  The Department of Education shall provide technical
305	assistance for districts, school administrators, and
306	instructional personnel regarding the development of
307	personalized middle school success plans. The assistance shall
308	include strategies and techniques designed to maximize
309	interaction between students, parents, teachers, and other
310	instructional and administrative staff while minimizing
311	paperwork.
312	(6)(8)  STATE BOARD OF EDUCATION AUTHORITY.--
313	(a)  The State Board of Education shall have authority to
314	adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
315	the provisions of this section.
316	(b)  The State Board of Education shall have authority
317	pursuant to s. 1008.32 to enforce the provisions of this
318	section.
319	Section 6.  Section 1003.4155, Florida Statutes, is created
320	to read:
321	1003.4155  Middle school grading system.--The grading
322	system and interpretation of letter grades used in grades 6
323	through 8 shall be as follows:
324	(1)  Grade "A" equals 90 percent through 100 percent, has a
325	grade point average value of 4, and is defined as "outstanding
326	progress."
327	(2)  Grade "B" equals 80 percent through 89 percent, has a
328	grade point average value of 3, and is defined as "above average
329	progress."
330	(3)  Grade "C" equals 70 percent through 79 percent, has a
331	grade point average value of 2, and is defined as "average
332	progress."
333	(4)  Grade "D" equals 60 percent through 69 percent, has a
334	grade point average value of 1, and is defined as "lowest
335	acceptable progress."
336	(5)  Grade "F" equals zero percent through 59 percent, has
337	a grade point average value of zero, and is defined as
338	"failure."
339	(6)  Grade "I" equals zero percent, has a grade point
340	average value of zero, and is defined as "incomplete."
341	Section 7.  Section 1003.4156, Florida Statutes, is created
342	to read:
343	1003.4156  General requirements for middle school
344	promotion.--
345	(1)  Beginning with students entering grade 6 in the 2005-
346	2006 school year, promotion from a middle school with grades 6
347	through 8 requires that:
348	(a)  A student must successfully complete 12 academic
349	credits as follows:
350	1.  Three middle school or higher credits in
351	English/language arts.
352	2.  Three middle school or higher credits in mathematics.
353	3.  Three middle school or higher credits in social
354	studies.
355	4.  Three middle school or higher credits in science.
356
357	Other courses offered in middle school, including music, band,
358	physical education, and art, shall be considered electives.
359	(b)  For each year in which a student scores at Level 1 or
360	Level 2 on FCAT Reading, the student must the following year be
361	enrolled in and complete a full-year intensive reading course
362	based on frameworks developed by the Florida Center for Reading
363	Research pursuant to s. 1004.64(4).
364	(2)  One full credit means a minimum of 135 hours of
365	instruction in a designated course of study that contains
366	student performance standards. For schools authorized by the
367	district school board to implement block scheduling, one full
368	credit means a minimum of 120 hours of instruction in a
369	designated course of study that contains student performance
370	standards.
371	(3)  District school boards may establish a process for
372	waiving the requirements of this section. The State Board of
373	Education shall approve each school district's waiver process
374	prior to implementation by the school district. A waiver process
375	must include, but is not limited to, opportunities for students
376	to:
377	(a)  Recover credits.
378	(b)  Be promoted on time to high school.
379	(c)  Be placed in alternative programs that emphasize
380	applied integrated curricula, small learning communities,
381	support services, increased discipline, or other strategies
382	documented to improve student achievement.
383	(4)  The State Board of Education shall adopt rules
384	pursuant to ss. 120.536(1) and 120.54 to provide for alternative
385	middle school promotion standards for students in grades 6, 7,
386	or 8 who are not enrolled in schools with a grade 6 through 8
387	middle school configuration.
388	Section 8.  Section 1004.64, Florida Statutes, is created
389	to read:
390	1004.64  Florida Center for Reading Research.--There is
391	created the Florida Center for Reading Research (FCRR) which
392	shall be administratively assigned as determined by the Board of
393	Governors. The center shall:
394	(1)  Provide technical assistance and support to all school
395	districts and schools in the state in the implementation of
396	evidence-based literacy instruction, assessments, and programs.
397	(2)  Conduct applied research that will have an immediate
398	impact on policy and practices related to literacy instruction
399	and assessment in the state.
400	(3)  Conduct basic research on reading, reading growth,
401	reading assessment, and reading instruction that will contribute
402	to scientific knowledge about reading.
403	(4)  Develop comprehensive reading intervention course
404	frameworks for middle and high schools.
405	(5)  Disseminate information about research-based practices
406	related to literacy instruction, assessment, and programs for
407	children in preschool through grade 12.
408	(6)  Collect, manage, and report on assessment information
409	from screening, progress monitoring, and outcome assessments
410	through Florida's Progress Monitoring and Reporting Network,
411	which is a statewide resource that is operated to provide valid
412	and timely reading assessment data for parents, teachers,
413	principals, district-level staff, and state-level staff in the
414	management of instruction at the individual, classroom, and
415	school levels.
416	(7)  In order to fulfill the requirements of this section,
417	establish regional partnerships with state universities as
418	determined by the Board of Governors, with community colleges as
419	determined by the State Board of Education, and with independent
420	postsecondary institutions as determined by their individual
421	governing boards.
422
423	Persons engaged in activities on behalf of the Florida Center
424	for Reading Research pursuant to this section must be
425	individuals who do not have, and none of whose relatives as
426	defined in s. 112.3143 has, a substantial financial interest in
427	the design or delivery of reading-related instructional
428	materials, programs, courses, or training. For purposes of this
429	section, such persons are defined as employees of an agency
430	pursuant to s. 112.313.
431	Section 9.  Paragraph (b) of subsection (8) of section
432	1008.25, Florida Statutes, is amended, and paragraph (c) is
433	added to said subsection, to read:
434	1008.25  Public school student progression; remedial
435	instruction; reporting requirements.--
436	(8)  ANNUAL REPORT.--
437	(b)  Beginning with the 2001-2002 school year, Each
438	district school board must annually publish in the local
439	newspaper, and report in writing to the State Board of Education
440	by September 1 of each year, the following information on the
441	prior school year:
442	1.  The provisions of this section relating to public
443	school student progression and the district school board's
444	policies and procedures on student retention and promotion.
445	2.  By grade, the number and percentage of all students in
446	grades 3 through 10 performing at Levels 1 and 2 on the reading
447	portion of the FCAT.
448	3.  By grade, the number and percentage of all students
449	retained in grades 3 through 10.
450	4.  Information on the total number of students who were
451	promoted for good cause, by each category of good cause as
452	specified in paragraph (6)(b).
453	5.  Any revisions to the district school board's policy on
454	student retention and promotion from the prior year.
455	(c)  The Department of Education shall establish a uniform
456	format for school districts to report the information required
457	in paragraph (b). The format shall be developed with input from
458	school districts and shall be provided not later than 60 days
459	prior to the annual due date. The department shall annually
460	compile the information required in subparagraphs (b)2., 3., and
461	4., along with state-level summary information, and report such
462	information to the Governor, the President of the Senate, and
463	the Speaker of the House of Representatives.
464	Section 10.  Paragraph (f) of subsection (1), paragraphs
465	(a) and (b) of subsection (4), and subsection (8) of section
466	1011.62, Florida Statutes, are amended, subsection (9) is
467	renumbered as subsection (10) and amended, and a new subsection
468	(9) is added to said section, to read:
469	1011.62  Funds for operation of schools.--If the annual
470	allocation from the Florida Education Finance Program to each
471	district for operation of schools is not determined in the
472	annual appropriations act or the substantive bill implementing
473	the annual appropriations act, it shall be determined as
474	follows:
475	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
476	OPERATION.--The following procedure shall be followed in
477	determining the annual allocation to each district for
478	operation:
479	(f)  Supplemental academic instruction; categorical fund.--
480	1.  There is created a categorical fund to provide
481	supplemental academic instruction to students in kindergarten
482	through grade 12. This paragraph may be cited as the
483	"Supplemental Academic Instruction Categorical Fund."
484	2.  Categorical funds for supplemental academic instruction
485	shall be allocated annually to each school district in the
486	amount provided in the General Appropriations Act. These funds
487	shall be in addition to the funds appropriated on the basis of
488	FTE student membership in the Florida Education Finance Program
489	and shall be included in the total potential funds of each
490	district. These funds shall be used to provide supplemental
491	academic instruction to students enrolled in the K-12 program.
492	Supplemental instruction strategies may include, but are not
493	limited to: modified curriculum, reading instruction, after-
494	school instruction, tutoring, mentoring, class size reduction,
495	extended school year, intensive skills development in summer
496	school, and other methods for improving student achievement.
497	Supplemental instruction may be provided to a student in any
498	manner and at any time during or beyond the regular 180-day term
499	identified by the school as being the most effective and
500	efficient way to best help that student progress from grade to
501	grade and to graduate.
502	3.  Effective with the 1999-2000 fiscal year, funding on
503	the basis of FTE membership beyond the 180-day regular term
504	shall be provided in the FEFP only for students enrolled in
505	juvenile justice education programs. Funding for instruction
506	beyond the regular 180-day school year for all other K-12
507	students shall be provided through the supplemental academic
508	instruction categorical fund and other state, federal, and local
509	fund sources with ample flexibility for schools to provide
510	supplemental instruction to assist students in progressing from
511	grade to grade and graduating.
512	4.  The Florida State University School, as a lab school,
513	is authorized to expend from its FEFP or Lottery Enhancement
514	Trust Fund allocation the cost to the student of remediation in
515	reading, writing, or mathematics for any graduate who requires
516	remediation at a postsecondary educational institution.
517	5.  Beginning in the 1999-2000 school year, dropout
518	prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
519	(b), and (c), and 1003.54 shall be included in group 1 programs
520	under subparagraph (d)3.
521	6.  Beginning in the 2005-2006 school year, parents of
522	students who score Level 1 on FCAT Reading in non-Title I
523	schools shall be offered the opportunity to choose supplemental
524	services from a list of providers approved by the Department of
525	Education, funded in an amount per student as determined
526	annually in the General Appropriations Act.
527	(4)  COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.--The
528	Legislature shall prescribe the aggregate required local effort
529	for all school districts collectively as an item in the General
530	Appropriations Act for each fiscal year. The amount that each
531	district shall provide annually toward the cost of the Florida
532	Education Finance Program for kindergarten through grade 12
533	programs shall be calculated as follows:
534	(a)  Estimated taxable value calculations.--
535	1.a.  Not later than 2 working days prior to July 19, the
536	Department of Revenue shall certify to the Commissioner of
537	Education its most recent estimate of the taxable value for
538	school purposes in each school district and the total for all
539	school districts in the state for the current calendar year
540	based on the latest available data obtained from the local
541	property appraisers. Not later than July 19, the Commissioner of
542	Education shall compute a millage rate, rounded to the next
543	highest one one-thousandth of a mill, which, when applied to 95
544	percent of the estimated state total taxable value for school
545	purposes, would generate the prescribed aggregate required local
546	effort for that year for all districts. The Commissioner of
547	Education shall certify to each district school board the
548	millage rate, computed as prescribed in this subparagraph, as
549	the minimum millage rate necessary to provide the district
550	required local effort for that year.
551	b.  The General Appropriations Act shall direct the
552	computation of the statewide adjusted aggregate amount for
553	required local effort for all school districts collectively from
554	ad valorem taxes to ensure that no school district's revenue
555	from required local effort millage will produce more than 90
556	percent of the district's total Florida Education Finance
557	Program calculation, and the adjustment of the required local
558	effort millage rate of each district that produces more than 90
559	percent of its total Florida Education Finance Program
560	entitlement to a level that will produce only 90 percent of its
561	total Florida Education Finance Program entitlement in the July
562	calculation.
563	2.  As revised data are received from property appraisers,
564	the Department of Revenue shall amend the certification of the
565	estimate of the taxable value for school purposes. The
566	Commissioner of Education, in administering the provisions of
567	subparagraph (10)(9)(a)2., shall use the most recent taxable
568	value for the appropriate year.
569	(b)  Final calculation.--
570	1.  The Department of Revenue shall, upon receipt of the
571	official final assessed value of property from each of the
572	property appraisers, certify to the Commissioner of Education
573	the taxable value total for school purposes in each school
574	district, subject to the provisions of paragraph (d). The
575	commissioner shall use the official final taxable value for
576	school purposes for each school district in the final
577	calculation of the annual Florida Education Finance Program
578	allocations.
579	2.  For the purposes of this paragraph, the official final
580	taxable value for school purposes shall be the taxable value for
581	school purposes on which the tax bills are computed and mailed
582	to the taxpayers, adjusted to reflect final administrative
583	actions of value adjustment boards and judicial decisions
584	pursuant to part I of chapter 194. By September 1 of each year,
585	the Department of Revenue shall certify to the commissioner the
586	official prior year final taxable value for school purposes. For
587	each county that has not submitted a revised tax roll reflecting
588	final value adjustment board actions and final judicial
589	decisions, the Department of Revenue shall certify the most
590	recent revision of the official taxable value for school
591	purposes. The certified value shall be the final taxable value
592	for school purposes, and no further adjustments shall be made,
593	except those made pursuant to subparagraph (10)(9)(a)2.
594	(8)  QUALITY ASSURANCE GUARANTEE.--The Legislature may
595	annually in the General Appropriations Act determine a
596	percentage increase in funds per K-12 unweighted FTE as a
597	minimum guarantee to each school district. The guarantee shall
598	be calculated from prior year base funding per unweighted FTE
599	student which shall include the adjusted FTE dollars as provided
600	in subsection (10)(9), quality guarantee funds, and actual
601	nonvoted discretionary local effort from taxes. From the base
602	funding per unweighted FTE, the increase shall be calculated for
603	the current year. The current year funds from which the
604	guarantee shall be determined shall include the adjusted FTE
605	dollars as provided in subsection (10)(9) and potential nonvoted
606	discretionary local effort from taxes. A comparison of current
607	year funds per unweighted FTE to prior year funds per unweighted
608	FTE shall be computed. For those school districts which have
609	less than the legislatively assigned percentage increase, funds
610	shall be provided to guarantee the assigned percentage increase
611	in funds per unweighted FTE student. Should appropriated funds
612	be less than the sum of this calculated amount for all
613	districts, the commissioner shall prorate each district's
614	allocation. This provision shall be implemented to the extent
615	specifically funded.
616	(9)  RESEARCH-BASED READING INSTRUCTION ALLOCATION.--
617	(a)  The research-based reading instruction allocation is
618	created to provide comprehensive reading instruction to students
619	in kindergarten through grade 12.
620	(b)  Funds for comprehensive, research-based reading
621	instruction shall be allocated annually to each school district
622	in the amount provided in the General Appropriations Act. Each
623	eligible school district shall receive the same minimum amount
624	as specified in the General Appropriations Act, and any
625	remaining funds shall be distributed to eligible school
626	districts based on each school district's proportionate share of
627	the statewide total unweighted full-time equivalent student
628	population.
629	(c)  Funds must be used to provide a system of
630	comprehensive reading instruction to students enrolled in the K-
631	12 programs, which may include the following:
632	1.  The provision of highly qualified reading coaches.
633	2.  Professional development for school district teachers
634	in scientifically based reading instruction.
635	3.  The provision of summer reading camps for students who
636	score at Level 1 on the FCAT.
637	4.  The provision of supplemental instructional materials
638	that are grounded in scientifically based reading research, and
639	comprehensive training in their use, for which teachers shall
640	receive inservice credit. Each school district and the publisher
641	of the material shall jointly certify that the teacher has
642	achieved mastery in using the material correctly. Data on this
643	training shall be collected by the Department of Education.
644	5.  The provision of intensive interventions for middle and
645	high school students reading below grade level.
646	(d)  Annually, by a date determined by the Department of
647	Education but before May 1, school districts shall submit a plan
648	for use of the research-based reading instruction allocation in
649	the format prescribed by the department for review and approval
650	by the Just Read, Florida! Office created pursuant to s.
651	1001.215. The format shall be developed with input from school
652	district personnel, including teachers and principals. Upon
653	approval of a school district's plan by the Just Read, Florida!
654	Office not later than July 1 annually, the department shall
655	release the school district's allocation of appropriated funds.
656	No funds shall be released without an approved plan, and the
657	department may withhold funding in the event a plan is not
658	implemented as approved. If a school district and the Just Read,
659	Florida! Office cannot reach agreement on the contents of the
660	plan, the school district may appeal to the State Board of
661	Education.
662	(10)(9)  TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT
663	FOR CURRENT OPERATION.--The total annual state allocation to
664	each district for current operation for the FEFP shall be
665	distributed periodically in the manner prescribed in the General
666	Appropriations Act.
667	(a)  The basic amount for current operation for the FEFP as
668	determined in subsection (1), multiplied by the district cost
669	differential factor as determined in subsection (2), plus the
670	amounts provided for categorical components within the FEFP,
671	plus the amount for the sparsity supplement as determined in
672	subsection (6), the decline in full-time equivalent students as
673	determined in subsection (7), and the quality assurance
674	guarantee as determined in subsection (8), and the research-
675	based reading instruction allocation as determined in subsection
676	(9), less the required local effort as determined in subsection
677	(4). If the funds appropriated for the purpose of funding the
678	total amount for current operation as provided in this paragraph
679	are not sufficient to pay the state requirement in full, the
680	department shall prorate the available state funds to each
681	district in the following manner:
682	1.  Determine the percentage of proration by dividing the
683	sum of the total amount for current operation, as provided in
684	this paragraph for all districts collectively, and the total
685	district required local effort into the sum of the state funds
686	available for current operation and the total district required
687	local effort.
688	2.  Multiply the percentage so determined by the sum of the
689	total amount for current operation as provided in this paragraph
690	and the required local effort for each individual district.
691	3.  From the product of such multiplication, subtract the
692	required local effort of each district; and the remainder shall
693	be the amount of state funds allocated to the district for
694	current operation.
695	(b)  The amount thus obtained shall be the net annual
696	allocation to each school district. However, if it is determined
697	that any school district received an underallocation or
698	overallocation for any prior year because of an arithmetical
699	error, assessment roll change, full-time equivalent student
700	membership error, or any allocation error revealed in an audit
701	report, the allocation to that district shall be appropriately
702	adjusted. Beginning with audits for the 2001-2002 fiscal year,
703	if the adjustment is the result of an audit finding in which
704	group 2 FTE are reclassified to the basic program and the
705	district weighted FTE are over the weighted enrollment ceiling
706	for group 2 programs, the adjustment shall not result in a gain
707	of state funds to the district. If the Department of Education
708	audit adjustment recommendation is based upon controverted
709	findings of fact, the Commissioner of Education is authorized to
710	establish the amount of the adjustment based on the best
711	interests of the state.
712	(c)  The amount thus obtained shall represent the net
713	annual state allocation to each district; however,
714	notwithstanding any of the provisions herein, each district
715	shall be guaranteed a minimum level of funding in the amount and
716	manner prescribed in the General Appropriations Act.
717	Section 11.  Subsection (1) of section 1011.71, Florida
718	Statutes, is amended to read:
719	1011.71  District school tax.--
720	(1)  If the district school tax is not provided in the
721	General Appropriations Act or the substantive bill implementing
722	the General Appropriations Act, each district school board
723	desiring to participate in the state allocation of funds for
724	current operation as prescribed by s. 1011.62(10)(9) shall levy
725	on the taxable value for school purposes of the district,
726	exclusive of millage voted under the provisions of s. 9(b) or s.
727	12, Art. VII of the State Constitution, a millage rate not to
728	exceed the amount certified by the commissioner as the minimum
729	millage rate necessary to provide the district required local
730	effort for the current year, pursuant to s. 1011.62(4)(a)1. In
731	addition to the required local effort millage levy, each
732	district school board may levy a nonvoted current operating
733	discretionary millage. The Legislature shall prescribe annually
734	in the appropriations act the maximum amount of millage a
735	district may levy. The millage rate prescribed shall exceed zero
736	mills but shall not exceed the lesser of 1.6 mills or 25 percent
737	of the millage which is required pursuant to s. 1011.62(4),
738	exclusive of millage levied pursuant to subsection (2).
739	Section 12.  Paragraph (a) of subsection (3) of section
740	1012.34, Florida Statutes, is amended to read:
741	1012.34  Assessment procedures and criteria.--
742	(3)  The assessment procedure for instructional personnel
743	and school administrators must be primarily based on the
744	performance of students assigned to their classrooms or schools,
745	as appropriate. Pursuant to this section, a school district's
746	performance assessment is not limited to basing unsatisfactory
747	performance of instructional personnel and school administrators
748	upon student performance, but may include other criteria
749	approved to assess instructional personnel and school
750	administrators' performance, or any combination of student
751	performance and other approved criteria. The procedures must
752	comply with, but are not limited to, the following requirements:
753	(a)  An assessment must be conducted for each employee at
754	least once a year. The assessment must be based upon sound
755	educational principles and contemporary research in effective
756	educational practices. The assessment must primarily use data
757	and indicators of improvement in student performance assessed
758	annually as specified in s. 1008.22 and may consider results of
759	peer reviews in evaluating the employee's performance. Student
760	performance must be measured by state assessments required under
761	s. 1008.22 and by local assessments for subjects and grade
762	levels not measured by the state assessment program. The
763	assessment criteria must include, but are not limited to,
764	indicators that relate to the following:
765	1.  Performance of students.
766	2.  Ability to maintain appropriate discipline.
767	3.  Knowledge of subject matter. The district school board
768	shall make special provisions for evaluating teachers who are
769	assigned to teach out-of-field.
770	4.  Ability to plan and deliver instruction, including
771	implementation of the rigorous reading requirement pursuant to
772	s. 1003.415, when applicable, and the use of technology in the
773	classroom.
774	5.  Ability to evaluate instructional needs.
775	6.  Ability to establish and maintain a positive
776	collaborative relationship with students' families to increase
777	student achievement.
778	7.  Other professional competencies, responsibilities, and
779	requirements as established by rules of the State Board of
780	Education and policies of the district school board.
781	Section 13.  Section 1012.986, Florida Statutes, is created
782	to read:
783	1012.986  A+ Professional Development Program for School
784	Leaders.--
785	(1)  ESTABLISHMENT.--There is established the A+
786	Professional Development Program for School Leaders, a
787	high-quality, competency-based, customized, comprehensive, and
788	coordinated statewide professional development program that is
789	aligned with the leadership standards for school leaders adopted
790	by the State Board of Education pursuant to s. 1012.987. The
791	program shall be administered by the Department of Education and
792	shall provide leadership training opportunities for school
793	leaders to enable them to be more effective instructional
794	leaders, especially in the area of reading. The program shall
795	provide school leaders with the opportunity to attain a school
796	leadership designation pursuant to subsection (3).
797	(2)  DEFINITION.--As used in this section, the term "school
798	leader" means a school principal or assistant principal holding
799	a valid Florida certificate in educational leadership.
800	(3)  DESIGNATIONS.--The Department of Education shall
801	develop criteria for high performance designations for school
802	leaders. The designations shall include A+ Emerging School
803	Leaders, A+ High Performing School Leaders, and A+ Sterling
804	School Leaders.
805	(a)  An A+ Emerging School Leader is a principal or
806	assistant principal who meets the State Board of Education's
807	leadership standards and designation criteria adopted pursuant
808	to s. 1012.987 and leads a school that has made sustained
809	improvement by at least one letter grade within a 3-year period
810	or has maintained a school grade of "C" or higher for 3
811	consecutive years as determined by the school grading system
812	pursuant to s. 1008.34.
813	(b)  An A+ High Performing School Leader is a principal or
814	assistant principal who meets the State Board of Education's
815	leadership standards and designation criteria adopted pursuant
816	to s. 1012.987 and leads a school that has made sustained
817	improvement by at least two letter grades within a 3-year period
818	or has maintained a school grade of "B" or higher for 3
819	consecutive years as determined by the school grading system
820	pursuant to s. 1008.34.
821	(c)  An A+ Sterling School Leader is a principal who meets
822	the State Board of Education's leadership standards and
823	designation criteria adopted pursuant to s. 1012.987 and leads a
824	school that has made sustained improvement by at least three
825	letter grades within a 3-year period or has maintained a school
826	grade of "A" for 3 consecutive years as determined by the school
827	grading system pursuant to s. 1008.34.
828
829	For purposes of this subsection only, school grades for middle
830	schools shall be calculated to provide double weight to learning
831	gains in reading and double weight to learning gains in
832	mathematics, and school grades for high schools shall be
833	calculated to provide triple weight to learning gains in reading
834	and triple weight to learning gains in mathematics.
835	(4)  PROGRAM REQUIREMENTS.--
836	(a)  The program shall be based upon the leadership
837	standards adopted by the State Board of Education, the standards
838	of the National Staff Development Council, and the federal
839	requirements for high-quality professional development under the
840	No Child Left Behind Act of 2001.
841	(b)  The program shall provide a competency-based approach
842	that utilizes prediagnostic and postdiagnostic evaluations that
843	shall be used to create an individualized professional
844	development plan approved by the district school superintendent.
845	The plan shall be structured to support the school leader's
846	attainment of the leadership standards adopted by the State
847	Board of Education.
848	(c)  The program shall incorporate instructional leadership
849	training and effective business practices for efficient school
850	operations in school leadership training.
851	(5)  DELIVERY SYSTEM.--The Department of Education shall
852	deliver the program through multiple delivery systems,
853	including:
854	(a)  Approved school district training programs.
855	(b)  Interactive technology-based instruction.
856	(c)  State, regional, or local leadership academies.
857	(6)  RULES.--The State Board of Education shall adopt rules
858	pursuant to ss. 120.536(1) and 120.54 to implement the
859	provisions of this section.
860	Section 14.  This act shall take effect upon becoming a
861	law.

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