HB 1791

1	A bill to be entitled
2	An act relating to education; amending s. 20.15, F.S.;
3	establishing the Division of Accountability, Research, and
4	Measurement in the Department of Education; amending s.
5	1000.041, F.S.; revising purposes and guiding principles
6	of BEST Florida Teaching; amending s. 1008.22, F.S.;
7	providing intent and duties relating to administration of
8	the Florida Comprehensive Assessment Test (FCAT);
9	specifying grade level and subject area testing
10	requirements; deleting a limitation on the use of
11	alternative assessments to the grade 10 FCAT; requiring an
12	annual report on student performance; amending s. 1008.31,
13	F.S.; deleting provisions relating to performance-based
14	funding; revising goals, measures, and data quality for
15	the K-20 accountability system; requiring the adoption of
16	rules; amending s. 1008.33, F.S.; authorizing district
17	school boards to transfer teachers, faculty, and staff as
18	needed; amending s. 1008.34, F.S.; revising terminology
19	and provisions relating to designation and determination
20	of school grades; requiring an annual school report card;
21	creating s. 1008.341, F.S.; providing for grading of
22	alternative schools; providing evaluation components for
23	determination of school grades; providing for school
24	recognition funding; requiring an annual report card;
25	requiring adoption of rules; amending s. 1008.36, F.S.;
26	modifying procedures for distribution and use of school
27	recognition program awards; creating s. 1011.6855, F.S.;
28	creating an operating categorical fund to fund minimum pay
29	requirements for certain instructional personnel
30	contingent upon constitutional amendment; amending s.
31	1012.21, F.S.; requiring the department to annually post
32	online school district collective bargaining contracts;
33	amending s. 1012.22, F.S.; requiring each district school
34	board to adopt a differentiated-pay policy and annually
35	provide its negotiated collective bargaining contract to
36	the department; authorizing the State Board of Education
37	to withhold funds under certain circumstances; creating s.
38	1012.2305, F.S.; establishing minimum pay for certain
39	instructional personnel contingent upon constitutional
40	amendment; amending s. 1012.231, F.S.; deleting provisions
41	relating to teacher assignment and obsolete provisions
42	relating to school district plans for the teacher salary
43	career ladder; creating s. 1012.2315, F.S.; providing
44	requirements for the assignment of teachers and
45	authorizing incentives; providing requirements relating to
46	collective bargaining; repealing s. 1008.51, F.S.,
47	relating to the Council for Education Policy Research and
48	Improvement; amending ss. 1000.01, 1001.11, 1001.42,
49	1002.38, 1003.62, 1005.22, 1007.33, 1008.345, 1008.45,
50	1011.62, and 1011.64, F.S.; conforming provisions;
51	providing a duty of the department relating to reporting
52	of progress toward performance goals; modifying the
53	deadline for applying for a scholarship; providing for
54	severability; providing effective dates.
55
56	WHEREAS, the Legislature finds that teacher quality has a
57	greater impact on student learning and development than class
58	size, and
59	WHEREAS, providing a system of high-quality public education
60	for children is an important goal of this state, and
61	WHEREAS, the Legislature recognizes that it has an
62	important, but not exclusive, role in providing children with the
63	opportunity to obtain a high-quality education in this state, and
64	WHEREAS, among the most prominent influences on the
65	educational success of children are the positive influences of
66	parents on their children's lives and on their children's desire
67	to learn, the active involvement of parents in the education of
68	their children, and the quality of the teacher and principal
69	leaders in the school, and
70	WHEREAS, the presence of these influences is indispensable
71	to successfully providing a system that allows students to obtain
72	a high-quality education, and
73	WHEREAS, children will have the best opportunity to obtain a
74	high-quality education in the public education system of this
75	state, and that system can best be enhanced, when positive
76	parental influences are present, when resources are allocated
77	efficiently and are concentrated to enhance a safe, secure, and
78	disciplined classroom learning environment, when teachers and
79	principals are supported, when high-quality education is
80	reinforced through shared high academic expectations, and when
81	successes are rewarded, failures are identified, and the public
82	is apprised of both successes and failures, NOW, THEREFORE,
83
84	Be It Enacted by the Legislature of the State of Florida:
85
86	Section 1.  Paragraph (f) is added to subsection (3) of
87	section 20.15, Florida Statutes, to read:
88	20.15  Department of Education.--There is created a
89	Department of Education.
90	(3)  DIVISIONS.--The following divisions of the Department
91	of Education are established:
92	(f)  Division of Accountability, Research, and Measurement.
93	Section 2.  Subsection (1) of section 1000.041, Florida
94	Statutes, is amended to read:
95	1000.041  Better Educated Students and Teachers (BEST)
96	Florida Teaching; legislative purposes; guiding principles.--The
97	legislative purposes and guiding principles of BEST Florida
98	Teaching are:
99	(1)  Teachers teach lead, students learn.
100
101	Each teacher preparation program, each postsecondary educational
102	institution providing dual enrollment or other acceleration
103	programs, each district school board, and each district and
104	school-based administrator fully supports and cooperates in the
105	accomplishment of these purposes and guiding principles.
106	Section 3.  Subsection (1), paragraphs (c) and (e) of
107	subsection (3), and paragraph (a) of subsection (9) of section
108	1008.22, Florida Statutes, are amended, subsection (10) is
109	renumbered as subsection (11), and a new subsection (10) is added
110	to said section, to read:
111	1008.22  Student assessment program for public schools.--
112	(1)  PURPOSE AND INTENT; DUTIES.--
113	(a)  The primary purposes of the student assessment program
114	are to provide information needed to improve the public schools
115	by enhancing the learning gains of all students and to inform
116	parents of the educational progress of their public school
117	children. The program must be designed to:
118	1.(a)  Assess the annual learning gains of each student
119	toward achieving the Sunshine State Standards appropriate for the
120	student's grade level.
121	2.(b)  Provide data for making decisions regarding school
122	accountability and recognition.
123	3.(c)  Identify the educational strengths and needs of
124	students and the readiness of students to be promoted to the next
125	grade level or to graduate from high school with a standard high
126	school diploma.
127	4.(d)  Assess how well educational goals and performance
128	standards are met at the school, district, and state levels.
129	5.(e)  Provide information to aid in the evaluation and
130	development of educational programs and policies.
131	6.(f)  Provide information on the performance of Florida
132	students compared with other students others across the United
133	States.
134	(b)1.  It is the intent of the Legislature that the
135	Department of Education pursue technology and assessment
136	innovations to allow the Florida Comprehensive Assessment Test
137	(FCAT), developed and implemented pursuant to subsection (3), to
138	be administered as late as possible in the school year and to
139	receive the scores prior to the end of the school year. The
140	Commissioner of Education shall report to the Governor, the
141	President of the Senate, and the Speaker of the House of
142	Representatives on the state of the art in large-scale online
143	assessment capabilities of the industry, the capacity of the
144	state's public schools to implement a statewide program, and the
145	estimated cost of implementation.
146	2.  It is the intent of the Legislature that the department
147	make accessible to the public copies of actual scored FCAT items
148	when sufficient items are available through the test item
149	databank to ensure the security and validity of the test.
150	(3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
151	design and implement a statewide program of educational
152	assessment that provides information for the improvement of the
153	operation and management of the public schools, including schools
154	operating for the purpose of providing educational services to
155	youth in Department of Juvenile Justice programs. The
156	commissioner may enter into contracts for the continued
157	administration of the assessment, testing, and evaluation
158	programs authorized and funded by the Legislature. Contracts may
159	be initiated in 1 fiscal year and continue into the next and may
160	be paid from the appropriations of either or both fiscal years.
161	The commissioner is authorized to negotiate for the sale or lease
162	of tests, scoring protocols, test scoring services, and related
163	materials developed pursuant to law. Pursuant to the statewide
164	assessment program, the commissioner shall:
165	(c)  Develop and implement a student achievement testing
166	program known as the Florida Comprehensive Assessment Test (FCAT)
167	as part of the statewide assessment program, to be administered
168	annually in grades 3 through 10 to measure reading, writing,
169	science, and mathematics. Other content areas may be included as
170	directed by the commissioner. The assessment of reading and
171	mathematics shall be administered annually in grades 3 through
172	10. The assessment of writing and science shall be administered
173	at least once at the elementary, middle, and high school levels.
174	The testing program must be designed so that:
175	1.  The tests measure student skills and competencies
176	adopted by the State Board of Education as specified in paragraph
177	(a). The tests must measure and report student proficiency levels
178	in reading, writing, mathematics, and science. The commissioner
179	shall provide for the tests to be developed or obtained, as
180	appropriate, through contracts and project agreements with
181	private vendors, public vendors, public agencies, postsecondary
182	educational institutions, or school districts. The commissioner
183	shall obtain input with respect to the design and implementation
184	of the testing program from state educators and the public.
185	2.  The testing program will include a combination of norm-
186	referenced and criterion-referenced tests and include, to the
187	extent determined by the commissioner, questions that require the
188	student to produce information or perform tasks in such a way
189	that the skills and competencies he or she uses can be measured.
190	3.  Each testing program, whether at the elementary, middle,
191	or high school level, includes a test of writing in which
192	students are required to produce writings that are then scored by
193	appropriate methods.
194	4.  A score is designated for each subject area tested,
195	below which score a student's performance is deemed inadequate.
196	The school districts shall provide appropriate remedial
197	instruction to students who score below these levels.
198	5.  Except as provided in s. 1003.43(11)(b), students must
199	earn a passing score on the grade 10 assessment test described in
200	this paragraph or on an alternate assessment as described in
201	subsection (9) in reading, writing, and mathematics to qualify
202	for a regular high school diploma. The State Board of Education
203	shall designate a passing score for each part of the grade 10
204	assessment test. In establishing passing scores, the state board
205	shall consider any possible negative impact of the test on
206	minority students. All students who took the grade 10 FCAT during
207	the 2000-2001 school year shall be required to earn the passing
208	scores in reading and mathematics established by the State Board
209	of Education for the March 2001 test administration. Such
210	students who did not earn the established passing scores and must
211	repeat the grade 10 FCAT are required to earn the passing scores
212	established for the March 2001 test administration. All students
213	who take the grade 10 FCAT for the first time in March 2002 shall
214	be required to earn the passing scores in reading and mathematics
215	established by the State Board of Education for the March 2002
216	test administration. The State Board of Education shall adopt
217	rules which specify the passing scores for the grade 10 FCAT. Any
218	such rules, which have the effect of raising the required passing
219	scores, shall only apply to students taking the grade 10 FCAT for
220	the first time after such rules are adopted by the State Board of
221	Education.
222	6.  Participation in the testing program is mandatory for
223	all students attending public school, including students served
224	in Department of Juvenile Justice programs, except as otherwise
225	prescribed by the commissioner. If a student does not participate
226	in the statewide assessment, the district must notify the
227	student's parent and provide the parent with information
228	regarding the implications of such nonparticipation. If
229	modifications are made in the student's instruction to provide
230	accommodations that would not be permitted on the statewide
231	assessment tests, the district must notify the student's parent
232	of the implications of such instructional modifications. A parent
233	must provide signed consent for a student to receive
234	instructional modifications that would not be permitted on the
235	statewide assessments and must acknowledge in writing that he or
236	she understands the implications of such accommodations. The
237	State Board of Education shall adopt rules, based upon
238	recommendations of the commissioner, for the provision of test
239	accommodations and modifications of procedures as necessary for
240	students in exceptional education programs and for students who
241	have limited English proficiency. Accommodations that negate the
242	validity of a statewide assessment are not allowable.
243	7.  A student seeking an adult high school diploma must meet
244	the same testing requirements that a regular high school student
245	must meet.
246	8.  District school boards must provide instruction to
247	prepare students to demonstrate proficiency in the skills and
248	competencies necessary for successful grade-to-grade progression
249	and high school graduation. If a student is provided with
250	accommodations or modifications that are not allowable in the
251	statewide assessment program, as described in the test manuals,
252	the district must inform the parent in writing and must provide
253	the parent with information regarding the impact on the student's
254	ability to meet expected proficiency levels in reading, writing,
255	and math. The commissioner shall conduct studies as necessary to
256	verify that the required skills and competencies are part of the
257	district instructional programs.
258	9.  The Department of Education must develop, or select, and
259	implement a common battery of assessment tools that will be used
260	in all juvenile justice programs in the state. These tools must
261	accurately measure the skills and competencies established in the
262	Florida Sunshine State Standards.
263
264	The commissioner may design and implement student testing
265	programs, for any grade level and subject area, necessary to
266	effectively monitor educational achievement in the state.
267	(e)  Conduct ongoing research and analysis of student
268	achievement data, including, without limitation, monitoring
269	trends in student achievement by grade level and overall student
270	achievement, identifying school programs that are successful, and
271	analyzing correlates of school achievement.
272	(9)  EQUIVALENCIES FOR STANDARDIZED TESTS.--
273	(a)  The Commissioner of Education shall approve the use of
274	the SAT and ACT tests as alternative assessments to the grade 10
275	FCAT for the 2003-2004 school year. Students who attain scores on
276	the SAT or ACT which equate to the passing scores on the grade 10
277	FCAT for purposes of high school graduation shall satisfy the
278	assessment requirement for a standard high school diploma as
279	provided in s. 1003.429(6)(a) or s. 1003.43(5)(a) for the 2003-
280	2004 school year if the students meet the requirement in
281	paragraph (b).
282	(10)  REPORTS.--The Department of Education shall annually
283	provide a report to the Governor, the President of the Senate,
284	and the Speaker of the House of Representatives on the following:
285	(a)  Longitudinal performance of students in mathematics and
286	reading.
287	(b)  Longitudinal performance of students by grade level in
288	mathematics and reading.
289	(c)  Longitudinal performance regarding efforts to close the
290	achievement gap.
291	(d)  Longitudinal performance of students on the norm-
292	referenced component of the FCAT.
293	(e)  Other student performance data based on national norm-
294	referenced and criterion-referenced tests, when available.
295	Section 4.  Section 1008.31, Florida Statutes, is amended to
296	read:
297	1008.31  Florida's K-20 education performance accountability
298	system; legislative intent; public accountability and reporting
299	performance-based funding; mission, goals, and systemwide
300	measures.--
301	(1)  LEGISLATIVE INTENT.--It is the intent of the
302	Legislature that:
303	(a)  The performance accountability system implemented to
304	assess the effectiveness of Florida's seamless K-20 education
305	delivery system provide answers to the following questions in
306	relation to its mission and goals:
307	1.  What is the public receiving in return for funds it
308	invests in education?
309	2.  How effectively is Florida's K-20 education system
310	educating its students?
311	3.  How effectively are the major delivery sectors promoting
312	student achievement?
313	4.  How are individual schools and postsecondary education
314	institutions performing their responsibility to educate their
315	students as measured by how students are performing and how much
316	they are learning?
317	(b)  The K-20 education performance accountability system be
318	established as a single, unified accountability system with
319	multiple components, including, but not limited to, measures of
320	adequate yearly progress, individual student learning gains in
321	public schools, school grades, and return on investment.
322	(c)  The K-20 education performance accountability system
323	comply with the accountability requirements of the "No Child Left
324	Behind Act of 2001," Pub. L. No. 107-110.
325	(d)  The State Board of Education recommend to the
326	Legislature systemwide performance standards; the Legislature
327	establish systemwide performance measures and standards; and the
328	systemwide measures and standards provide Floridians with
329	information on what the public is receiving in return for the
330	funds it invests in education and how well the K-20 system
331	educates its students.
332	(e)  The State Board of Education establish performance
333	measures and set performance standards for individual components
334	of the public education system, including individual schools and
335	postsecondary educational institutions, with measures and
336	standards based primarily on student achievement.
337	(2)  PERFORMANCE-BASED FUNDING.--
338	(a)  The State Board of Education shall cooperate with each
339	delivery system to develop proposals for performance-based
340	funding, using performance measures adopted pursuant to this
341	section.
342	(b)  The State Board of Education proposals must provide
343	that at least 10 percent of the state funds appropriated for the
344	K-20 education system are conditional upon meeting or exceeding
345	established performance standards.
346	(c)  The State Board of Education shall adopt guidelines
347	required to implement performance-based funding that allow 1 year
348	to demonstrate achievement of specified performance standards
349	prior to a reduction in appropriations pursuant to this section.
350	(d)  By December 1, 2003, the State Board of Education shall
351	adopt common definitions, measures, standards, and performance
352	improvement targets required to:
353	1.  Use the state core measures and the sector-specific
354	measures to evaluate the progress of each sector of the
355	educational delivery system toward meeting the systemwide goals
356	for public education.
357	2.  Notify the sectors of their progress in achieving the
358	specified measures so that they may develop improvement plans
359	that directly influence decisions about policy, program
360	development, and management.
361	3.  Implement the performance-based budgeting system
362	described in this section.
363	(e)  During the 2003-2004 fiscal year, the Department of
364	Education shall collect data required to establish progress,
365	rewards, and sanctions.
366	(f)  By December 1, 2004, the Department of Education shall
367	recommend to the Legislature a formula for performance-based
368	funding that applies accountability standards for the individual
369	components of the public education system at every level,
370	kindergarten through graduate school. Effective for the 2004-2005
371	fiscal year and thereafter, subject to annual legislative
372	approval in the General Appropriations Act, performance-based
373	funds shall be allocated based on the progress, rewards, and
374	sanctions established pursuant to this section.
375	(2)(3)  MISSION, GOALS, AND SYSTEMWIDE MEASURES.--
376	(a)  The mission of Florida's K-20 education system shall be
377	to increase the proficiency of all students within one seamless,
378	efficient system, by allowing them the opportunity to expand
379	their knowledge and skills through learning opportunities and
380	research valued by students, parents, and communities.
381	(b)  The process State Board of Education shall adopt
382	guiding principles for establishing state and sector-specific
383	standards and measures must be:
384	1.  Focused on student success.
385	2.  Addressable through policy and program changes.
386	3.  High quality and efficient.
387	4.  Measurable over time.
388	5.  Simple to explain and display to the public.
389	6.  Aligned with other measures and other sectors to support
390	a coordinated K-20 education system.
391	(c)  The Department State Board of Education shall maintain
392	an accountability system that measures student progress toward
393	the following goals:
394	1.  Highest student achievement, as indicated by evidence of
395	student learning gains at all levels measured by: student FCAT
396	performance and annual learning gains; the number and percentage
397	of schools that improve at least one school performance grade
398	designation or maintain a school performance grade designation of
399	"A" pursuant to s. 1008.34; graduation or completion rates at all
400	learning levels; and other measures identified in law or rule.
401	2.  Seamless articulation and maximum access, as measured by
402	evidence of progression, readiness, and access by targeted groups
403	of students identified by the Commissioner of Education: the
404	percentage of students who demonstrate readiness for the
405	educational level they are entering, from kindergarten through
406	postsecondary education and into the workforce; the number and
407	percentage of students needing remediation; the percentage of
408	Floridians who complete associate, baccalaureate, graduate,
409	professional, and postgraduate degrees; the number and percentage
410	of credits that articulate; the extent to which each set of exit-
411	point requirements matches the next set of entrance-point
412	requirements; the degree to which underserved populations access
413	educational opportunity; the extent to which access is provided
414	through innovative educational delivery strategies; and other
415	measures identified in law or rule.
416	3.  Skilled workforce and economic development, as measured
417	by evidence of employment and earnings: the number and percentage
418	of graduates employed in their areas of preparation; the
419	percentage of Floridians with high school diplomas and
420	postsecondary education credentials; the percentage of business
421	and community members who find that Florida's graduates possess
422	the skills they need; national rankings; and other measures
423	identified in law or rule.
424	4.  Quality efficient services, as measured by evidence of
425	return on investment: cost per completer or graduate; average
426	cost per noncompleter at each educational level; cost disparity
427	across institutions offering the same degrees; the percentage of
428	education customers at each educational level who are satisfied
429	with the education provided; and other measures identified in law
430	or rule.
431	5.  Other goals as identified by law or rule.
432	(3)(4)  K-20 EDUCATION DATA QUALITY IMPROVEMENTS SYSTEMWIDE
433	DATA COLLECTION.--To provide data required to implement education
434	performance accountability measures in state and federal law, the
435	Commissioner of Education shall initiate and maintain strategies
436	to improve data quality and timeliness.
437	(a)  School districts and public postsecondary educational
438	institutions shall maintain information systems that will provide
439	the State Board of Education, the Board of Governors, and the
440	Legislature with information and reports necessary to address the
441	specifications of the accountability system. The State Board of
442	Education shall determine the standards for the required data.
443	The level of comprehensiveness and quality shall be no less than
444	that which was available as of June 30, 2001.
445	(b)  The Commissioner of Education shall determine the
446	standards for the required data, monitor data quality, and
447	measure improvements. The commissioner shall report annually to
448	the State Board of Education, the Board of Governors, and the
449	Legislature data quality indicators and ratings for all school
450	districts and public postsecondary educational institutions.
451	(4)  RULES.--The State Board of Education shall adopt rules
452	pursuant to ss. 120.536(1) and 120.54 to implement the provisions
453	of this section.
454	Section 5.  Subsections (1) and (2) of section 1008.33,
455	Florida Statutes, are amended to read:
456	1008.33  Authority to enforce public school improvement.--It
457	is the intent of the Legislature that all public schools be held
458	accountable for students performing at acceptable levels. A
459	system of school improvement and accountability that assesses
460	student performance by school, identifies schools in which
461	students are not making adequate progress toward state standards,
462	institutes appropriate measures for enforcing improvement, and
463	provides rewards and sanctions based on performance shall be the
464	responsibility of the State Board of Education.
465	(1)  Pursuant to Art. IX of the State Constitution
466	prescribing the duty of the State Board of Education to supervise
467	Florida's public school system and notwithstanding any other
468	statutory provisions to the contrary, the State Board of
469	Education shall intervene in the operation of a district school
470	system when one or more schools in the school district have
471	failed to make adequate progress for 2 school years in a 4-year
472	period. For purposes of determining when a school is eligible for
473	state board action and opportunity scholarships for its students,
474	the terms "2 years in any 4-year period" and "2 years in a 4-year
475	period" mean that in any year that a school has a grade of "F,"
476	the school is eligible for state board action and opportunity
477	scholarships for its students if it also has had a grade of "F"
478	in any of the previous 3 school years. The State Board of
479	Education may determine that the school district or school has
480	not taken steps sufficient for students in the school to be
481	academically well served. Considering recommendations of the
482	Commissioner of Education, the State Board of Education shall
483	recommend action to a district school board intended to improve
484	educational services to students in each school that is
485	designated with a as performance grade of category "F."
486	Recommendations for actions to be taken in the school district
487	shall be made only after thorough consideration of the unique
488	characteristics of a school, which shall include student mobility
489	rates, the number and type of exceptional students enrolled in
490	the school, and the availability of options for improved
491	educational services. The state board shall adopt by rule steps
492	to follow in this process. Such steps shall provide school
493	districts sufficient time to improve student performance in
494	schools and the opportunity to present evidence of assistance and
495	interventions that the district school board has implemented.
496	(2)  The State Board of Education may recommend one or more
497	of the following actions to district school boards to enable
498	students in schools designated with a as performance grade of
499	category "F" to be academically well served by the public school
500	system:
501	(a)  Provide additional resources, change certain practices,
502	and provide additional assistance if the state board determines
503	the causes of inadequate progress to be related to school
504	district policy or practice;
505	(b)  Implement a plan that satisfactorily resolves the
506	education equity problems in the school;
507	(c)  Contract for the educational services of the school, or
508	reorganize the school at the end of the school year under a new
509	school principal who is authorized to hire new staff and
510	implement a plan that addresses the causes of inadequate
511	progress;
512	(d)  Transfer high-quality teachers, faculty, and staff as
513	needed to ensure adequate educational opportunities designed to
514	improve the performance of students in a low-performing school;
515	(e)(d)  Allow parents of students in the school to send
516	their children to another district school of their choice; or
517	(f)(e)  Other action appropriate to improve the school's
518	performance.
519	Section 6.  Section 1008.34, Florida Statutes, is amended to
520	read:
521	1008.34  School grading system; school report cards;
522	district performance grade.--
523	(1)  ANNUAL REPORTS.--The Commissioner of Education shall
524	prepare annual reports of the results of the statewide assessment
525	program which describe student achievement in the state, each
526	district, and each school. The commissioner shall prescribe the
527	design and content of these reports, which must include, without
528	limitation, descriptions of the performance of all schools
529	participating in the assessment program and all of their major
530	student populations as determined by the Commissioner of
531	Education, and must also include the median scores of all
532	eligible students who scored at or in the lowest 25th percentile
533	of the state in the previous school year; provided, however, that
534	the provisions of s. 1002.22 pertaining to student records apply
535	to this section.
536	(2)  SCHOOL GRADES PERFORMANCE GRADE CATEGORIES.--The annual
537	report shall identify schools as having one of the following
538	grades being in one of the following grade categories defined
539	according to rules of the State Board of Education:
540	(a)  "A," schools making excellent progress.
541	(b)  "B," schools making above average progress.
542	(c)  "C," schools making satisfactory progress.
543	(d)  "D," schools making less than satisfactory progress.
544	(e)  "F," schools failing to make adequate progress.
545
546	Each school designated with a in performance grade of category
547	"A," making excellent progress, or having improved at least two
548	performance grade levels categories, shall have greater authority
549	over the allocation of the school's total budget generated from
550	the FEFP, state categoricals, lottery funds, grants, and local
551	funds, as specified in state board rule. The rule must provide
552	that the increased budget authority shall remain in effect until
553	the school's performance grade declines.
554	(3)  DESIGNATION OF SCHOOL GRADES PERFORMANCE GRADE
555	CATEGORIES.--School grades performance grade category
556	designations itemized in subsection (2) shall be based on the
557	following:
558	(a)  Criteria Timeframes.--A school's grade shall be based
559	on a combination of:
560	1.  Student achievement scores School performance grade
561	category designations shall be based on the school's current year
562	performance and the school's annual learning gains.
563	2.  A school's performance grade category designation shall
564	be based on a combination of student achievement scores, Student
565	learning gains as measured by annual FCAT assessments in grades 3
566	through 10., and
567	3.  Improvement of the lowest 25th percentile of students in
568	the school in reading, math, or writing on the FCAT Reading,
569	unless these students are performing above satisfactory
570	performance.
571	(b)  Student assessment data.--Student assessment data used
572	in determining school grades performance grade categories shall
573	include:
574	1.  The aggregate scores of all eligible students enrolled
575	in the school who have been assessed on the FCAT.
576	2.  The aggregate scores of all eligible students enrolled
577	in the school who have been assessed on the FCAT, including
578	Florida Writes, and who have scored at or in the lowest 25th
579	percentile of students in the school in reading, math, or
580	writing, unless these students are performing above satisfactory
581	performance.
582	3.  The scores of students attending alternative schools
583	that provide dropout prevention and academic intervention
584	services pursuant to s. 1003.53, which shall be used in the
585	calculation of the school grade of the school the student
586	attended before attending the alternative school. The student's
587	test scores shall be attributable to the school from which the
588	student transferred for up to 2 years. The student's test scores
589	shall also be used in the calculation of the grade of the
590	alternative school pursuant to s. 1008.341.
591
592	The Department of Education shall study the effects of mobility
593	on the performance of highly mobile students and recommend
594	programs to improve the performance of such students. The State
595	Board of Education shall adopt appropriate criteria for each
596	school performance grade category. The criteria must also give
597	added weight to student achievement in reading. Schools
598	designated with a as performance grade of category "C," making
599	satisfactory progress, shall be required to demonstrate that
600	adequate progress has been made by students in the school who are
601	in the lowest 25th percentile in reading, math, or writing on the
602	FCAT, including Florida Writes, unless these students are
603	performing above satisfactory performance.
604	(4)  SCHOOL IMPROVEMENT RATINGS.--The annual report shall
605	identify each school's performance as having improved, remained
606	the same, or declined. This school improvement rating shall be
607	based on a comparison of the current year's and previous year's
608	student and school performance data. Schools that improve at
609	least one performance grade category are eligible for school
610	recognition awards pursuant to s. 1008.36.
611	(5)  SCHOOL REPORT CARD PERFORMANCE GRADE CATEGORY AND
612	IMPROVEMENT RATING REPORTS.--The Department of Education shall
613	annually develop a school report card to be delivered to parents
614	through each school district. The report card shall include the
615	school's grade, information regarding school improvement, an
616	explanation of school performance as evaluated by the federal No
617	Child Left Behind Act of 2001, and indicators of return on
618	investment. School performance grade category designations and
619	improvement ratings shall apply to each school's performance for
620	the year in which performance is measured. Each school's report
621	card designation and rating shall be published annually by the
622	department on its website, of Education and the school district
623	shall provide the school report card to each parent. Parents
624	shall be entitled to an easy-to-read report card about the
625	designation and rating of the school in which their child is
626	enrolled.
627	(6)(7)  PERFORMANCE-BASED FUNDING.--The Legislature may
628	factor in the performance of schools in calculating any
629	performance-based funding policy that is provided for annually in
630	the General Appropriations Act.
631	(7)(8)  DISTRICT PERFORMANCE GRADE.--The annual report
632	required by subsection (1) shall include district performance
633	grades, which shall consist of weighted district average grades,
634	by level, for all elementary schools, middle schools, and high
635	schools in the district. A district's weighted average grade
636	shall be calculated by weighting individual school grades
637	determined pursuant to subsection (2) by school enrollment.
638	(8)(6)  RULES.--The State Board of Education shall adopt
639	rules pursuant to ss. 120.536(1) and 120.54 to implement the
640	provisions of this section.
641	Section 7.  Section 1008.341, Florida Statutes, is created
642	to read:
643	1008.341  Grading for alternative schools.--
644	(1)  ANNUAL REPORTS.--The Commissioner of Education shall
645	prepare an annual report on the performance of each school graded
646	pursuant to this section provided that the provisions of s.
647	1002.22 pertaining to student records shall apply.
648	(2)  DESIGNATION OF SCHOOL GRADES.--Notwithstanding the
649	provisions of s. 1008.34, alternative schools that provide
650	dropout prevention and academic intervention services pursuant to
651	s. 1003.53 shall be graded pursuant to this section.
652	(a)  School grade designations shall be those prescribed in
653	s. 1008.34(2) and shall be based on a combination of the
654	following factors weighted equally:
655	1.  Aggregate student academic growth rate which shall be
656	based on a student's developmental scale score on the FCAT for
657	the school year in which the student is currently enrolled
658	compared to the developmental scale score on the FCAT for the
659	preceding school year.
660	2.  Aggregate student attendance at or above 80 percent.
661	3.  School performance on indicators related to parent
662	involvement, community involvement, and customer satisfaction as
663	measured by surveys in which at least 70 percent of respondents
664	indicate satisfaction with these indicators.
665	4.  Improvement of students in the school who are in the
666	lowest 25th percentile of students in the state on FCAT Reading.
667	(b)  Student assessment data used in determining school
668	grades shall include:
669	1.  The aggregate scores of all eligible students who were
670	enrolled in the school during the October and February FTE
671	counts, who have been assessed on the FCAT, and who have FCAT or
672	comparable scores for the preceding school year.
673	2.  The aggregate scores of all eligible students who were
674	enrolled in the school during the October and February FTE
675	counts, who have been assessed on the FCAT, including Florida
676	Writes, and who have scored at or in the lowest 25th percentile
677	of students in the state on FCAT Reading.
678	(3)  SCHOOL IMPROVEMENT RATINGS.--The annual report shall
679	identify each school's performance as having improved, remained
680	the same, or declined. This school improvement rating shall be
681	based on a comparison of the current year's and previous year's
682	student and school performance data. Schools that improve at
683	least one grade are eligible for school recognition awards
684	pursuant to s. 1008.36.
685	(4)  SCHOOL REPORT CARD.--The Department of Education shall
686	annually develop a school report card to be delivered to parents
687	through each school district. The report card shall include the
688	school's grade, information regarding school improvement, an
689	explanation of school performance as evaluated by the federal No
690	Child Left Behind Act of 2001, and indicators of return on
691	investment.
692	(5)  RULES.--The State Board of Education shall adopt rules
693	pursuant to ss. 120.536(1) and 120.54 to implement the provisions
694	of this section.
695	Section 8.  Subsections (4) and (5) of section 1008.36,
696	Florida Statutes, are amended to read:
697	1008.36  Florida School Recognition Program.--
698	(4)  All selected schools shall receive financial awards
699	depending on the availability of funds appropriated and the
700	number and size of schools selected to receive an award. Funds
701	must be distributed to the school's fiscal agent and placed in
702	the school's account and must be used for purposes listed in
703	subsection (5) as determined jointly by the school's staff and
704	school advisory council. If school staff and the school advisory
705	council cannot reach agreement by November 1, the awards must be
706	equally distributed with 50 percent distributed to the school
707	staff and 50 percent distributed to the school advisory council
708	to be used according to the provisions of subsection (5) as
709	determined by the school staff and school advisory council,
710	respectively to all classroom teachers currently teaching in the
711	school.
712	(5)  School recognition awards must be used for the
713	following:
714	(a)  Nonrecurring bonuses to the faculty and staff who
715	currently teach at the school or who taught at the school during
716	the year of improved performance;
717	(b)  Nonrecurring expenditures for educational equipment, or
718	materials, or student incentives to assist in maintaining and
719	improving student performance; or
720	(c)  Temporary personnel for the school to assist in
721	maintaining and improving student performance.
722
723	Notwithstanding statutory provisions to the contrary, incentive
724	awards are not subject to collective bargaining.
725	Section 9.  Section 1011.6855, Florida Statutes, is created
726	to read:
727	1011.6855  Minimum pay for instructional personnel;
728	operating categorical fund.--An operating categorical fund is
729	created through which funds shall be used to:
730	(1)  Provide minimum pay of $35,000 or higher as specified
731	in the General Appropriations Act for all full-time certified
732	instructional personnel identified in s. 1012.01(2)(a)-(d).
733	(2)  Provide elevation funds of at least $2,000 or higher as
734	specified in the General Appropriations Act to increase the
735	salary of all full-time certified instructional personnel
736	identified in s. 1012.01(2)(a)-(d) who are earning $33,000 or
737	higher.
738
739	Operating categorical funds remaining after the obligations in
740	subsections (1) and (2) have been met must be used to reduce the
741	district average class size until the district average class size
742	meets the requirements specified in the State Constitution.
743	Section 10.  Subsection (6) is added to section 1012.21,
744	Florida Statutes, to read:
745	1012.21  Department of Education duties; K-12 personnel.--
746	(6)  REPORTING.--The Department of Education shall annually
747	post online the collective bargaining contracts of each school
748	district received pursuant to s. 1012.22. The department shall
749	prescribe the format for district school boards to provide the
750	information.
751	Section 11.  Paragraph (c) of subsection (1) of section
752	1012.22, Florida Statutes, is amended, and subsection (3) is
753	added to said section, to read:
754	1012.22  Public school personnel; powers and duties of the
755	district school board.--The district school board shall:
756	(1)  Designate positions to be filled, prescribe
757	qualifications for those positions, and provide for the
758	appointment, compensation, promotion, suspension, and dismissal
759	of employees as follows, subject to the requirements of this
760	chapter:
761	(c)  Compensation and salary schedules.--
762	1.  The district school board shall adopt a salary schedule
763	or salary schedules designed to furnish incentives for
764	improvement in training and for continued efficient service to be
765	used as a basis for paying all school employees and fix and
766	authorize the compensation of school employees on the basis
767	thereof.
768	2.  A district school board, in determining the salary
769	schedule for instructional personnel, must base a portion of each
770	employee's compensation on performance demonstrated under s.
771	1012.34, must consider the prior teaching experience of a person
772	who has been designated state teacher of the year by any state in
773	the United States, and must consider prior professional
774	experience in the field of education gained in positions in
775	addition to district level instructional and administrative
776	positions.
777	3.  In developing the salary schedule, the district school
778	board shall seek input from parents, teachers, and
779	representatives of the business community.
780	4.a.  Beginning with the 2002-2003 fiscal year, Each
781	district school board must adopt a performance-pay policy for
782	school administrators and instructional personnel. The district's
783	performance-pay policy is subject to negotiation as provided in
784	chapter 447; however, the adopted salary schedule must allow
785	school administrators and instructional personnel who demonstrate
786	outstanding performance, as measured under s. 1012.34, to earn a
787	5-percent supplement in addition to their individual, negotiated
788	salary. The supplements shall be funded from the performance-pay
789	reserve funds adopted in the salary schedule. Beginning with the
790	2004-2005 academic year, The district's 5-percent performance-pay
791	policy must provide for the evaluation of classroom teachers
792	within each level of the salary career ladder provided in s.
793	1012.231.
794	b.  The Commissioner of Education shall determine whether
795	the district school board's adopted salary schedule complies with
796	the requirement for performance-based pay. If the district school
797	board fails to comply with this section, the commissioner shall
798	recommend to the State Board of Education and the state board is
799	authorized to withhold disbursements from the Educational
800	Enhancement Trust Fund to the district until compliance is
801	verified.
802	5.a.  Beginning with the 2005-2006 fiscal year, each
803	district school board must adopt a differentiated-pay policy for
804	school administrators and instructional personnel. The district's
805	differentiated-pay policy is subject to negotiation as provided
806	in chapter 447; however, the adopted salary schedule must allow
807	school administrators and instructional personnel to receive
808	meaningful differentiated pay based upon factors, including, but
809	not limited to:
810	(I)  The subject areas taught, with classroom teachers who
811	teach in critical shortage areas receiving higher pay.
812	(II)  The economic demographics of the school, with school
813	administrators and instructional personnel in schools with a
814	majority of free and reduced-price lunch students receiving
815	higher pay.
816	(III)  The environment in and surrounding the school, with
817	school administrators and instructional personnel in schools with
818	higher than average community crime or school safety issues
819	receiving higher pay.
820	(IV)  The responsibilities of the classroom teacher as
821	provided in the BEST Florida Teaching salary career ladder
822	program pursuant to s. 1012.231.
823	b.  The Commissioner of Education shall determine whether
824	the district school board's adopted salary schedule complies with
825	the requirement for differentiated pay. If the district school
826	board does not adopt a meaningful differentiated-pay scale, the
827	commissioner shall recommend to the State Board of Education and
828	the state board is authorized to withhold disbursements from the
829	Educational Enhancement Trust Fund to the district until
830	compliance is verified.
831	(3)  Annually provide to the Department of Education the
832	negotiated collective bargaining contract for the school
833	district. The district school board shall report in the format
834	prescribed by the department pursuant to s. 1012.21.
835	Section 12.  Section 1012.2305, Florida Statutes, is created
836	to read:
837	1012.2305  Minimum pay for instructional personnel.--
838	(1)  LEGISLATIVE INTENT.--The Legislature recognizes that
839	higher pay does not guarantee quality performance in education.
840	The Legislature also recognizes that competitive pay,
841	differentiated pay, and performance incentives are necessary to
842	attract and retain the highest quality teachers and that the
843	prospect of higher pay and career opportunities are important to
844	attract talented individuals to the field of teaching.
845	(2)  MINIMUM PAY.--The minimum pay for full-time certified
846	instructional personnel identified in s. 1012.01(2)(a)-(d) shall
847	be $35,000 or higher as specified in the General Appropriations
848	Act.
849	Section 13.  Section 1012.231, Florida Statutes, is amended
850	to read:
851	1012.231  BEST Florida Teaching salary career ladder
852	program; assignment of teachers.--
853	(1)  SALARY CAREER LADDER FOR CLASSROOM TEACHERS.--Beginning
854	with the 2005-2006 academic year, Each district school board
855	shall implement a salary career ladder for classroom teachers as
856	defined in s. 1012.01(2)(a). Performance shall be defined as
857	designated in s. 1012.34(3)(a)1.-7. District school boards shall
858	designate categories of classroom teachers reflecting these
859	salary career ladder levels as follows:
860	(a)  Associate teacher.--Classroom teachers in the school
861	district who have not yet received a professional certificate or
862	those with a professional certificate who are evaluated as low-
863	performing teachers.
864	(b)  Professional teacher.--Classroom teachers in the school
865	district who have received a professional certificate.
866	(c)  Lead teacher.--Classroom teachers in the school
867	district who are responsible for leading others in the school as
868	department chair, lead teacher, grade-level leader, intern
869	coordinator, or professional development coordinator. Lead
870	teachers must participate on a regular basis in the direct
871	instruction of students and serve as faculty for professional
872	development activities as determined by the State Board of
873	Education. To be eligible for designation as a lead teacher, a
874	teacher must demonstrate outstanding performance pursuant to s.
875	1012.34(3)(a)1.-7. and must have been a "professional teacher"
876	pursuant to paragraph (b) for at least 1 year.
877	(d)  Mentor teacher.--Classroom teachers in the school
878	district who serve as regular mentors to other teachers who are
879	either not performing satisfactorily or who strive to become more
880	proficient. Mentor teachers must serve as faculty-based
881	professional development coordinators and regularly demonstrate
882	and share their expertise with other teachers in order to remain
883	mentor teachers. Mentor teachers must also participate on a
884	regular basis in the direct instruction of low-performing
885	students. To be eligible for designation as a mentor teacher, a
886	teacher must demonstrate outstanding performance pursuant to s.
887	1012.34(3)(a)1.-7. and must have been a "lead teacher" pursuant
888	to paragraph (c) for at least 2 years.
889
890	Promotion of a teacher to a higher level on the salary career
891	ladder shall be based upon prescribed performance criteria and
892	not based upon length of service.
893	(2)  TEACHER ASSIGNMENT.--School districts may not assign a
894	higher percentage than the school district average of first-time
895	teachers, temporarily certified teachers, teachers in need of
896	improvement, or out-of-field teachers to schools with above the
897	school district average of minority and economically
898	disadvantaged students or schools that are graded "D" or "F."
899	District school boards are authorized to provide salary
900	incentives to meet this requirement. No district school board
901	shall sign a collective bargaining agreement that fails to
902	provide sufficient incentives to meet this requirement.
903	(2)(3)  STATE BOARD AND SCHOOL DISTRICT PLANS.--The State
904	Board of Education shall develop a long-range plan to implement a
905	career ladder differentiated pay model for teachers beginning in
906	the 2005-2006 academic year, based upon the differentiated
907	classroom teacher categories in subsection (1). No later than
908	December 1, 2003, the State Board of Education shall approve
909	guidelines and criteria for the district plans. District school
910	boards shall develop plans to implement the salary career ladder
911	prescribed in this section and submit these plans to the State
912	Board of Education by March 1, 2004.
913	Section 14.  Section 1012.2315, Florida Statutes, is created
914	to read:
915	1012.2315  Assignment of teachers.--
916	(1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature finds
917	disparity between teachers assigned to teach in a majority of "A"
918	schools compared to teachers assigned to teach in a majority of
919	"F" schools. The disparity can be found in the average years of
920	experience, median salary, and the performance of the teachers on
921	teacher certification examinations. It is the intent of the
922	Legislature that district school boards have flexibility through
923	the collective bargaining process to assign teachers more
924	equitably across the schools in the district.
925	(2)  ASSIGNMENT TO "D" and "F" SCHOOLS.--School districts
926	may not assign a higher percentage than the school district
927	average of first-time teachers, temporarily certified teachers,
928	teachers in need of improvement, or out-of-field teachers to
929	schools with above the school district average of minority and
930	economically disadvantaged students or schools that are graded
931	"D" or "F". Each school district shall annually certify to the
932	Commissioner of Education that this requirement has been met. If
933	the commissioner determines that a school district is not in
934	compliance with this subsection, the State Board of Education
935	shall be notified and shall take action in the next regularly
936	scheduled meeting to require compliance.
937	(3)  SALARY INCENTIVES.--District school boards are
938	authorized to provide salary incentives to meet the requirement
939	of subsection (2). No district school board shall sign a
940	collective bargaining agreement that fails to provide sufficient
941	incentives to meet this requirement.
942	(4)  COLLECTIVE BARGAINING.--Notwithstanding provisions of
943	chapter 447 relating to district school board collective
944	bargaining, collective bargaining provisions may not preclude a
945	school district from providing incentives to high-quality
946	teachers and assigning such teachers to low-performing schools;
947	however, no teacher should be assigned to a school at which he or
948	she does not wish to teach.
949	Section 15.  Section 1008.51, Florida Statutes, is repealed.
950	Section 16.  Paragraph (a) of subsection (5) of section
951	1000.01, Florida Statutes, is amended to read:
952	1000.01  The Florida K-20 education system; technical
953	provisions.--
954	(5)  EDUCATION GOVERNANCE TRANSFERS.--
955	(a)  Effective July 1, 2001:
956	1.  The Board of Regents is abolished.
957	2.  All of the powers, duties, functions, records,
958	personnel, and property; unexpended balances of appropriations,
959	allocations, and other funds; administrative authority;
960	administrative rules; pending issues; and existing contracts of
961	the Board of Regents are transferred by a type two transfer,
962	pursuant to s. 20.06(2), to the State Board of Education.
963	3.  The State Board of Community Colleges is abolished.
964	4.  All of the powers, duties, functions, records,
965	personnel, and property; unexpended balances of appropriations,
966	allocations, and other funds; administrative authority;
967	administrative rules; pending issues; and existing contracts of
968	the State Board of Community Colleges are transferred by a type
969	two transfer, pursuant to s. 20.06(2), from the Department of
970	Education to the State Board of Education.
971	5.  The Postsecondary Education Planning Commission is
972	abolished.
973	6.  The Council for Education Policy Research and
974	Improvement is created as an independent office under the Office
975	of Legislative Services.
976	7.  All personnel, unexpended balances of appropriations,
977	and allocations of the Postsecondary Education Planning
978	Commission are transferred to the Council for Education Policy
979	Research and Improvement.
980	6.8.  The Articulation Coordinating Committee and the
981	Education Standards Commission are transferred by a type two
982	transfer, pursuant to s. 20.06(2), from the Department of
983	Education to the State Board of Education.
984	Section 17.  Paragraph (a) of subsection (2) of section
985	1001.11, Florida Statutes, is amended to read:
986	1001.11  Commissioner of Education; other duties.--
987	(2)(a)  The Commissioner of Education shall recommend to the
988	State Board of Education performance goals addressing the
989	educational needs of the state for the K-20 education system. The
990	Department of Council for Education Policy Research and
991	Improvement, as an independent entity, shall develop a report
992	card assigning grades to indicate Florida's progress toward
993	meeting those goals. The annual report card shall contain
994	information showing Florida's performance relative to other
995	states on selected measures, as well as Florida's ability to meet
996	the need for postsecondary degrees and programs and how well the
997	Legislature has provided resources to meet this need. The
998	information shall include the results of the National Assessment
999	of Educational Progress or a similar national assessment program
1000	administered to students in Florida. By January 1 of each year,
1001	the department Council for Education Policy Research and
1002	Improvement shall submit the report card to the Legislature, the
1003	Governor, and the public.
1004	Section 18.  Paragraphs (c), (d), and (e) of subsection
1005	(16), paragraph (d) of subsection (17), and subsection (18) of
1006	section 1001.42, Florida Statutes, are amended to read:
1007	1001.42  Powers and duties of district school board.--The
1008	district school board, acting as a board, shall exercise all
1009	powers and perform all duties listed below:
1010	(16)  IMPLEMENT SCHOOL IMPROVEMENT AND
1011	ACCOUNTABILITY.--Maintain a system of school improvement and
1012	education accountability as provided by statute and State Board
1013	of Education rule. This system of school improvement and
1014	education accountability shall be consistent with, and
1015	implemented through, the district's continuing system of planning
1016	and budgeting required by this section and ss. 1008.385, 1010.01,
1017	and 1011.01. This system of school improvement and education
1018	accountability shall include, but is not limited to, the
1019	following:
1020	(c)  Assistance and intervention.--
1021	1.  Develop a 2-year plan of increasing individualized
1022	assistance and intervention for each school in danger of not
1023	meeting state standards or making adequate progress, as defined
1024	pursuant to statute and State Board of Education rule, toward
1025	meeting the goals and standards of its approved school
1026	improvement plan.
1027	2.  Provide assistance and intervention to a school that is
1028	designated with a identified as being in performance grade of
1029	category "D" pursuant to s. 1008.34 and is in danger of failing.
1030	3.  Develop a plan to encourage teachers with demonstrated
1031	mastery in improving student performance to remain at or transfer
1032	to a school designated with a as performance grade of category
1033	"D" or "F" or to an alternative school that serves disruptive or
1034	violent youths. If a classroom teacher, as defined by s.
1035	1012.01(2)(a), who meets the definition of teaching mastery
1036	developed according to the provisions of this paragraph, requests
1037	assignment to a school designated with a as performance grade of
1038	category "D" or "F" or to an alternative school that serves
1039	disruptive or violent youths, the district school board shall
1040	make every practical effort to grant the request.
1041	4.  Prioritize, to the extent possible, the expenditures of
1042	funds received from the supplemental academic instruction
1043	categorical fund under s. 1011.62(1)(f) to improve student
1044	performance in schools that receive a performance grade category
1045	designation of "D" or "F."
1046	(d)  After 2 years.--Notify the Commissioner of Education
1047	and the State Board of Education in the event any school does not
1048	make adequate progress toward meeting the goals and standards of
1049	a school improvement plan by the end of 2 years of failing to
1050	make adequate progress and proceed according to guidelines
1051	developed pursuant to statute and State Board of Education rule.
1052	School districts shall provide intervention and assistance to
1053	schools in danger of being designated with a as performance grade
1054	of category "F," failing to make adequate progress.
1055	(e)  Public disclosure.--Provide information regarding
1056	performance of students and educational programs as required
1057	pursuant to ss. 1008.22 and 1008.385 and implement a system of
1058	school reports as required by statute and State Board of
1059	Education rule that shall include schools operating for the
1060	purpose of providing educational services to youth in Department
1061	of Juvenile Justice programs, and for those schools, report on
1062	the elements specified in s. 1003.52(19). Annual public
1063	disclosure reports shall be in an easy-to-read report card format
1064	and shall include the school's student and school performance
1065	grade category designation and performance data as specified in
1066	state board rule.
1067	(17)  LOCAL-LEVEL DECISIONMAKING.--
1068	(d)  Adopt policies that assist in giving greater autonomy,
1069	including authority over the allocation of the school's budget,
1070	to schools designated with a as performance grade of category
1071	"A," making excellent progress, and schools rated as having
1072	improved at least two grades performance grade categories.
1073	(18)  OPPORTUNITY SCHOLARSHIPS.--Adopt policies allowing
1074	students attending schools that have been designated with a as
1075	performance grade of category "F," failing to make adequate
1076	progress, for 2 school years in a 4-year period to attend a
1077	higher performing school in the district or an adjoining district
1078	or be granted a state opportunity scholarship to a private
1079	school, in conformance with s. 1002.38 and State Board of
1080	Education rule.
1081	Section 19.  Subsection (2) and paragraphs (a) and (b) of
1082	subsection (3) of section 1002.38, Florida Statutes, are amended
1083	to read:
1084	1002.38  Opportunity Scholarship Program.--
1085	(2)  OPPORTUNITY SCHOLARSHIP ELIGIBILITY.--A public school
1086	student's parent may request and receive from the state an
1087	opportunity scholarship for the student to enroll in and attend a
1088	private school in accordance with the provisions of this section
1089	if:
1090	(a)1.  By assigned school attendance area or by special
1091	assignment, the student has spent the prior school year in
1092	attendance at a public school that has been designated pursuant
1093	to s. 1008.34 with a as performance grade of category "F,"
1094	failing to make adequate progress, and that has had 2 school
1095	years in a 4-year period of such low performance, and the
1096	student's attendance occurred during a school year in which such
1097	designation was in effect;
1098	2.  The student has been in attendance elsewhere in the
1099	public school system and has been assigned to such school for the
1100	next school year; or
1101	3.  The student is entering kindergarten or first grade and
1102	has been notified that the student has been assigned to such
1103	school for the next school year.
1104	(b)  The parent has obtained acceptance for admission of the
1105	student to a private school eligible for the program pursuant to
1106	subsection (4), and has notified the Department of Education and
1107	the school district of the request for an opportunity scholarship
1108	no later than September 15 July 1 of the first year in which the
1109	student intends to use the scholarship.
1110
1111	The provisions of this section shall not apply to a student who
1112	is enrolled in a school operating for the purpose of providing
1113	educational services to youth in Department of Juvenile Justice
1114	commitment programs. For purposes of continuity of educational
1115	choice, the opportunity scholarship shall remain in force until
1116	the student returns to a public school or, if the student chooses
1117	to attend a private school the highest grade of which is grade 8,
1118	until the student matriculates to high school and the public high
1119	school to which the student is assigned is an accredited school
1120	with a performance grade category designation of "C" or better.
1121	However, at any time upon reasonable notice to the Department of
1122	Education and the school district, the student's parent may
1123	remove the student from the private school and place the student
1124	in a public school, as provided in subparagraph (3)(a)2.
1125	(3)  SCHOOL DISTRICT OBLIGATIONS.--
1126	(a)  A school district shall, for each student enrolled in
1127	or assigned to a school that has been designated with a as
1128	performance grade of category "F" for 2 school years in a 4-year
1129	period:
1130	1.  Timely notify the parent of the student as soon as such
1131	designation is made of all options available pursuant to this
1132	section.
1133	2.  Offer that student's parent an opportunity to enroll the
1134	student in the public school within the district that has been
1135	designated by the state pursuant to s. 1008.34 as a school
1136	performing higher than that in which the student is currently
1137	enrolled or to which the student has been assigned, but not less
1138	than performance grade category "C." The parent is not required
1139	to accept this offer in lieu of requesting a state opportunity
1140	scholarship to a private school. The opportunity to continue
1141	attending the higher performing public school shall remain in
1142	force until the student graduates from high school.
1143	(b)  The parent of a student enrolled in or assigned to a
1144	school that has been designated with a performance grade of
1145	category "F" for 2 school years in a 4-year period may choose as
1146	an alternative to enroll the student in and transport the student
1147	to a higher-performing public school that has available space in
1148	an adjacent school district, and that school district shall
1149	accept the student and report the student for purposes of the
1150	district's funding pursuant to the Florida Education Finance
1151	Program.
1152	Section 20.  Paragraph (a) of subsection (1) and paragraph
1153	(a) of subsection (2) of section 1003.62, Florida Statutes, are
1154	amended to read:
1155	1003.62  Academic performance-based charter school
1156	districts.--The State Board of Education may enter into a
1157	performance contract with district school boards as authorized in
1158	this section for the purpose of establishing them as academic
1159	performance-based charter school districts. The purpose of this
1160	section is to examine a new relationship between the State Board
1161	of Education and district school boards that will produce
1162	significant improvements in student achievement, while complying
1163	with constitutional and statutory requirements assigned to each
1164	entity.
1165	(1)  ACADEMIC PERFORMANCE-BASED CHARTER SCHOOL DISTRICT.--
1166	(a)  A school district shall be eligible for designation as
1167	an academic performance-based charter school district if it is a
1168	high-performing school district in which a minimum of 50 percent
1169	of the schools earn a performance grade of category "A" or "B"
1170	and in which no school earns a performance grade of category "D"
1171	or "F" for 2 consecutive years pursuant to s. 1008.34. Schools
1172	that receive a performance grade of category "I" or "N" shall not
1173	be included in this calculation. The performance contract for a
1174	school district that earns a charter based on school performance
1175	grades shall be predicated on maintenance of at least 50 percent
1176	of the schools in the school district earning a performance grade
1177	of category "A" or "B" with no school in the school district
1178	earning a performance grade of category "D" or "F" for 2
1179	consecutive years. A school district in which the number of
1180	schools that earn a performance grade of "A" or "B" is less than
1181	50 percent may have its charter renewed for 1 year; however, if
1182	the percentage of "A" or "B" schools is less than 50 percent for
1183	2 consecutive years, the charter shall not be renewed.
1184	(2)  EXEMPTION FROM STATUTES AND RULES.--
1185	(a)  An academic performance-based charter school district
1186	shall operate in accordance with its charter and shall be exempt
1187	from certain State Board of Education rules and statutes if the
1188	State Board of Education determines such an exemption will assist
1189	the district in maintaining or improving its high-performing
1190	status pursuant to paragraph (1)(a). However, the State Board of
1191	Education may not exempt an academic performance-based charter
1192	school district from any of the following statutes:
1193	1.  Those statutes pertaining to the provision of services
1194	to students with disabilities.
1195	2.  Those statutes pertaining to civil rights, including s.
1196	1000.05, relating to discrimination.
1197	3.  Those statutes pertaining to student health, safety, and
1198	welfare.
1199	4.  Those statutes governing the election or compensation of
1200	district school board members.
1201	5.  Those statutes pertaining to the student assessment
1202	program and the school grading system, including chapter 1008.
1203	6.  Those statutes pertaining to financial matters,
1204	including chapter 1010.
1205	7.  Those statutes pertaining to planning and budgeting,
1206	including chapter 1011, except that ss. 1011.64 and 1011.69 shall
1207	be eligible for exemption.
1208	8.  Sections 1012.22(1)(c) and 1012.27(2), relating to
1209	performance-pay and differentiated-pay policies for school
1210	administrators and instructional personnel. Professional service
1211	contracts shall be subject to the provisions of ss. 1012.33 and
1212	1012.34.
1213	9.  Those statutes pertaining to educational facilities,
1214	including chapter 1013, except as specified under contract with
1215	the State Board of Education. However, no contractual provision
1216	that could have the effect of requiring the appropriation of
1217	additional capital outlay funds to the academic performance-based
1218	charter school district shall be valid.
1219	Section 21.  Paragraph (e) of subsection (2) of section
1220	1005.22, Florida Statutes, is amended to read:
1221	1005.22  Powers and duties of commission.--
1222	(2)  The commission may:
1223	(e)  Advise the Governor, the Legislature, the State Board
1224	of Education, the Council for Education Policy Research and
1225	Improvement, and the Commissioner of Education on issues relating
1226	to private postsecondary education.
1227	Section 22.  Subsection (3) of section 1007.33, Florida
1228	Statutes, is amended to read:
1229	1007.33  Site-determined baccalaureate degree access.--
1230	(3)  A community college may develop a proposal to deliver
1231	specified baccalaureate degree programs in its district to meet
1232	local workforce needs. The proposal must be submitted to the
1233	State Board of Education for approval. The community college's
1234	proposal must include the following information:
1235	(a)  Demand for the baccalaureate degree program is
1236	identified by the workforce development board, local businesses
1237	and industry, local chambers of commerce, and potential students.
1238	(b)  Unmet need for graduates of the proposed degree program
1239	is substantiated.
1240	(c)  The community college has the facilities and academic
1241	resources to deliver the program.
1242
1243	The proposal must be submitted to the Council for Education
1244	Policy Research and Improvement for review and comment. Upon
1245	approval of the State Board of Education for the specific degree
1246	program or programs, the community college shall pursue regional
1247	accreditation by the Commission on Colleges of the Southern
1248	Association of Colleges and Schools. Any additional baccalaureate
1249	degree programs the community college wishes to offer must be
1250	approved by the State Board of Education.
1251	Section 23.  Paragraphs (b) and (d) of subsection (6) and
1252	subsection (7) of section 1008.345, Florida Statutes, are amended
1253	to read:
1254	1008.345  Implementation of state system of school
1255	improvement and education accountability.--
1256	(6)
1257	(b)  Upon request, the department shall provide technical
1258	assistance and training to any school, including any school
1259	operating for the purpose of providing educational services to
1260	youth in Department of Juvenile Justice programs, school advisory
1261	council, district, or district school board for conducting needs
1262	assessments, developing and implementing school improvement
1263	plans, developing and implementing assistance and intervention
1264	plans, or implementing other components of school improvement and
1265	accountability. Priority for these services shall be given to
1266	schools designated with a as performance grade of category "D" or
1267	"F" and school districts in rural and sparsely populated areas of
1268	the state.
1269	(d)  The department shall assign a community assessment team
1270	to each school district with a school designated with a as
1271	performance grade of category "D" or "F" to review the school
1272	performance data and determine causes for the low performance.
1273	The team shall make recommendations to the school board, to the
1274	department, and to the State Board of Education for implementing
1275	an assistance and intervention plan that will address the causes
1276	of the school's low performance. The assessment team shall
1277	include, but not be limited to, a department representative,
1278	parents, business representatives, educators, and community
1279	activists, and shall represent the demographics of the community
1280	from which they are appointed.
1281	(7)(a)  Schools designated with a in performance grade of
1282	category "A," making excellent progress, shall, if requested by
1283	the school, be given deregulated status as specified in s.
1284	1003.63(5), (7), (8), (9), and (10).
1285	(b)  Schools that have improved at least two grades
1286	performance grade categories and that meet the criteria of the
1287	Florida School Recognition Program pursuant to s. 1008.36 may be
1288	given deregulated status as specified in s. 1003.63(5), (7), (8),
1289	(9), and (10).
1290	Section 24.  Paragraph (h) of subsection (1) of section
1291	1008.45, Florida Statutes, is amended to read:
1292	1008.45  Community college accountability process.--
1293	(1)  It is the intent of the Legislature that a management
1294	and accountability process be implemented which provides for the
1295	systematic, ongoing improvement and assessment of the improvement
1296	of the quality and efficiency of the Florida community colleges.
1297	Accordingly, the State Board of Education and the community
1298	college boards of trustees shall develop and implement an
1299	accountability plan to improve and evaluate the instructional and
1300	administrative efficiency and effectiveness of the Florida
1301	Community College System. This plan shall be designed in
1302	consultation with staff of the Governor and the Legislature and
1303	must address the following issues:
1304	(h)  Other measures as identified by the Council for
1305	Education Policy Research and Improvement and approved by the
1306	State Board of Education.
1307	Section 25.  Paragraphs (h), (l), (m), and (n) of subsection
1308	(1) of section 1011.62, Florida Statutes, are amended to read:
1309	1011.62  Funds for operation of schools.--If the annual
1310	allocation from the Florida Education Finance Program to each
1311	district for operation of schools is not determined in the annual
1312	appropriations act or the substantive bill implementing the
1313	annual appropriations act, it shall be determined as follows:
1314	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
1315	OPERATION.--The following procedure shall be followed in
1316	determining the annual allocation to each district for operation:
1317	(h)  Small, isolated high schools.--Districts which levy the
1318	maximum nonvoted discretionary millage, exclusive of millage for
1319	capital outlay purposes levied pursuant to s. 1011.71(2), may
1320	calculate full-time equivalent students for small, isolated high
1321	schools by multiplying the number of unweighted full-time
1322	equivalent students times 2.75; provided the school has attained
1323	a state accountability performance grade category of "C" or
1324	better, pursuant to s. 1008.34, for the previous school year. For
1325	the purpose of this section, the term "small, isolated high
1326	school" means any high school which is located no less than 28
1327	miles by the shortest route from another high school; which has
1328	been serving students primarily in basic studies provided by sub-
1329	subparagraphs (c)1.b. and c. and may include subparagraph (c)4.;
1330	and which has a membership of no more than 100 students, but no
1331	fewer than 28 students, in grades 9 through 12.
1332	(l)  Calculation of additional full-time equivalent
1333	membership based on international baccalaureate examination
1334	scores of students.--A value of 0.24 full-time equivalent student
1335	membership shall be calculated for each student enrolled in an
1336	international baccalaureate course who receives a score of 4 or
1337	higher on a subject examination. A value of 0.3 full-time
1338	equivalent student membership shall be calculated for each
1339	student who receives an international baccalaureate diploma. Such
1340	value shall be added to the total full-time equivalent student
1341	membership in basic programs for grades 9 through 12 in the
1342	subsequent fiscal year. The school district shall distribute to
1343	each classroom teacher who provided international baccalaureate
1344	instruction:
1345	1.  A bonus in the amount of $50 for each student taught by
1346	the International Baccalaureate teacher in each international
1347	baccalaureate course who receives a score of 4 or higher on the
1348	international baccalaureate examination.
1349	2.  An additional bonus of $500 to each International
1350	Baccalaureate teacher in a school designated with a performance
1351	grade of category "D" or "F" who has at least one student scoring
1352	4 or higher on the international baccalaureate examination,
1353	regardless of the number of classes taught or of the number of
1354	students scoring a 4 or higher on the international baccalaureate
1355	examination.
1356
1357	Bonuses awarded to a teacher according to this paragraph shall
1358	not exceed $2,000 in any given school year and shall be in
1359	addition to any regular wage or other bonus the teacher received
1360	or is scheduled to receive.
1361	(m)  Calculation of additional full-time equivalent
1362	membership based on Advanced International Certificate of
1363	Education examination scores of students.--A value of 0.24 full-
1364	full-time equivalent student membership shall be calculated for
1365	each student enrolled in a full-credit Advanced International
1366	Certificate of Education course who receives a score of 2 or
1367	higher on a subject examination. A value of 0.12 full-time
1368	equivalent student membership shall be calculated for each
1369	student enrolled in a half-credit Advanced International
1370	Certificate of Education course who receives a score of 1 or
1371	higher on a subject examination. A value of 0.3 full-time
1372	equivalent student membership shall be calculated for each
1373	student who received an Advanced International Certificate of
1374	Education diploma. Such value shall be added to the total full-
1375	time equivalent student membership in basic programs for grades 9
1376	through 12 in the subsequent fiscal year. The school district
1377	shall distribute to each classroom teacher who provided Advanced
1378	International Certificate of Education instruction:
1379	1.  A bonus in the amount of $50 for each student taught by
1380	the Advanced International Certificate of Education teacher in
1381	each full-credit Advanced International Certificate of Education
1382	course who receives a score of 2 or higher on the Advanced
1383	International Certificate of Education examination. A bonus in
1384	the amount of $25 for each student taught by the Advanced
1385	International Certificate of Education teacher in each half-
1386	credit Advanced International Certificate of Education course who
1387	receives a score of 1 or higher on the Advanced International
1388	Certificate of Education examination.
1389	2.  An additional bonus of $500 to each Advanced
1390	International Certificate of Education teacher in a school
1391	designated with a performance grade of category "D" or "F" who
1392	has at least one student scoring 2 or higher on the full-credit
1393	Advanced International Certificate of Education examination,
1394	regardless of the number of classes taught or of the number of
1395	students scoring a 2 or higher on the full-credit Advanced
1396	International Certificate of Education examination.
1397	3.  Additional bonuses of $250 each to teachers of half-
1398	credit Advanced International Certificate of Education classes in
1399	a school designated with a performance grade of category "D" or
1400	"F" which has at least one student scoring a 1 or higher on the
1401	half-credit Advanced International Certificate of Education
1402	examination in that class. The maximum additional bonus for a
1403	teacher awarded in accordance with this subparagraph shall not
1404	exceed $500 in any given school year. Teachers receiving an award
1405	under subparagraph 2. are not eligible for a bonus under this
1406	subparagraph.
1407
1408	Bonuses awarded to a teacher according to this paragraph shall
1409	not exceed $2,000 in any given school year and shall be in
1410	addition to any regular wage or other bonus the teacher received
1411	or is scheduled to receive.
1412	(n)  Calculation of additional full-time equivalent
1413	membership based on college board advanced placement scores of
1414	students.--A value of 0.24 full-time equivalent student
1415	membership shall be calculated for each student in each advanced
1416	placement course who receives a score of 3 or higher on the
1417	College Board Advanced Placement Examination for the prior year
1418	and added to the total full-time equivalent student membership in
1419	basic programs for grades 9 through 12 in the subsequent fiscal
1420	year. Each district must allocate at least 80 percent of the
1421	funds provided to the district for advanced placement
1422	instruction, in accordance with this paragraph, to the high
1423	school that generates the funds. The school district shall
1424	distribute to each classroom teacher who provided advanced
1425	placement instruction:
1426	1.  A bonus in the amount of $50 for each student taught by
1427	the Advanced Placement teacher in each advanced placement course
1428	who receives a score of 3 or higher on the College Board Advanced
1429	Placement Examination.
1430	2.  An additional bonus of $500 to each Advanced Placement
1431	teacher in a school designated with a performance grade of
1432	category "D" or "F" who has at least one student scoring 3 or
1433	higher on the College Board Advanced Placement Examination,
1434	regardless of the number of classes taught or of the number of
1435	students scoring a 3 or higher on the College Board Advanced
1436	Placement Examination.
1437
1438	Bonuses awarded to a teacher according to this paragraph shall
1439	not exceed $2,000 in any given school year and shall be in
1440	addition to any regular wage or other bonus the teacher received
1441	or is scheduled to receive.
1442	Section 26.  Paragraph (a) of subsection (2) of section
1443	1011.64, Florida Statutes, is amended to read:
1444	1011.64  School district minimum classroom expenditure
1445	requirements.--
1446	(2)  For the purpose of implementing the provisions of this
1447	section, the Legislature shall prescribe minimum academic
1448	performance standards and minimum classroom expenditure
1449	requirements for districts not meeting such minimum academic
1450	performance standards in the General Appropriations Act.
1451	(a)  Minimum academic performance standards may be based on,
1452	but are not limited to, district performance grades determined
1453	pursuant to s. 1008.34(7)(8).
1454	Section 27.  If any provision of this act or the application
1455	thereof to any person or circumstance is held invalid, the
1456	invalidity shall not affect other provisions or applications of
1457	the act which can be given effect without the invalid provision
1458	or application, and to this end the provisions of this act are
1459	declared severable.
1460	Section 28.  This act shall take effect upon becoming a law,
1461	except that ss. 1011.6855 and 1012.2305, Florida Statutes, as
1462	created by this act, shall take effect on the effective date of
1463	an amendment to s.1, Art. IX of the State Constitution approved
1464	by the electors that requires district average maximum class
1465	sizes and minimum pay for teachers.

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