Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 2480
Barcode 212636
CHAMBER ACTION
Senate House
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11 Senators Wilson and Bullard moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 69, line 6, through
15 page 70, line 31, delete those lines
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17 and insert:
18 Section 23. Section 1008.25, Florida Statutes, is
19 amended to read:
20 1008.25 Public school student progression; remedial
21 instruction; reporting requirements.--
22 (1) INTENT.--It is the intent of the Legislature that
23 each student's progression from one grade to another be
24 determined, in part, upon proficiency in reading, writing,
25 science, and mathematics; that district school board policies
26 facilitate such proficiency; and that each student and his or
27 her parent be informed of that student's academic progress.
28 (2) COMPREHENSIVE PROGRAM.--Each district school board
29 shall establish a comprehensive program for student
30 progression which must include:
31 (a) Standards for evaluating each student's
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 2480
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1 performance, including how well he or she masters the
2 performance standards approved by the State Board of
3 Education.
4 (b) Specific levels of performance in reading,
5 writing, science, and mathematics for each grade level,
6 including the levels of performance on statewide assessments
7 as defined by the commissioner, below which a student must
8 receive remediation, or be retained within an intensive
9 program that is different from the previous year's program and
10 that takes into account the student's learning style.
11 (c) Appropriate alternative placement for a student
12 who has been retained 2 or more years.
13 (3) ALLOCATION OF RESOURCES.--District school boards
14 shall allocate remedial and supplemental instruction resources
15 to students in the following priority:
16 (a) Students who are deficient in reading by the end
17 of grade 3.
18 (b) Students who fail to meet performance levels
19 required for promotion consistent with the district school
20 board's plan for student progression required in paragraph
21 (2)(b).
22 (3)(4) ASSESSMENT AND REMEDIATION.--
23 (a) Each student must participate in the statewide
24 assessment tests required by s. 1008.22. Each student who does
25 not meet specific levels of performance as determined by the
26 district school board in reading, writing, science, and
27 mathematics for each grade level, or who does not meet
28 specific levels of performance as determined by the
29 commissioner on statewide assessments at selected grade
30 levels, must be provided with additional diagnostic
31 assessments to determine the nature of the student's
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 2480
Barcode 212636
1 difficulty and areas of academic need.
2 (b) The school in which the student is enrolled must
3 develop, in consultation with the student's parent, and must
4 implement an academic improvement plan designed to assist the
5 student in meeting state and district expectations for
6 proficiency. For a student for whom a personalized middle
7 school success plan is required pursuant to s. 1003.415, the
8 middle school success plan must be incorporated in the
9 student's academic improvement plan. Beginning with the
10 2002-2003 school year, if the student has been identified as
11 having a deficiency in reading, the academic improvement plan
12 shall identify the student's specific areas of deficiency in
13 phonemic awareness, phonics, fluency, comprehension, and
14 vocabulary; the desired levels of performance in these areas;
15 and the instructional and support services to be provided to
16 meet the desired levels of performance. Schools shall also
17 provide for the frequent monitoring of the student's progress
18 in meeting the desired levels of performance. District school
19 boards shall assist schools and teachers to implement
20 research-based reading activities that have been shown to be
21 successful in teaching reading to low-performing students.
22 Remedial instruction provided during high school may not be in
23 lieu of English and mathematics credits required for
24 graduation.
25 (c) Upon subsequent evaluation, if the documented
26 deficiency has not been remediated in accordance with the
27 academic improvement plan, the student may be retained as
28 provided in subsection (5). Each student who does not meet the
29 minimum performance expectations defined by the Commissioner
30 of Education for the statewide assessment tests in reading,
31 writing, science, and mathematics must continue to be provided
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 2480
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1 with remedial or supplemental instruction until the
2 expectations are met or the student graduates from high school
3 or is not subject to compulsory school attendance.
4 (4)(5) READING DEFICIENCY AND PARENTAL NOTIFICATION.--
5 (a) It is the ultimate goal of the Legislature that
6 every student read at or above grade level. Any student who
7 exhibits a substantial deficiency in reading, based upon
8 locally determined or statewide assessments conducted in
9 kindergarten or grade 1, grade 2, or grade 3, or through
10 teacher observations, must be given intensive reading
11 instruction immediately following the identification of the
12 reading deficiency. The student's reading proficiency must be
13 reassessed by locally determined assessments or through
14 teacher observations at the beginning of the grade following
15 the intensive reading instruction. The student must continue
16 to be provided with intensive reading instruction until the
17 reading deficiency is remedied.
18 (b) Beginning with the 2005-2006 2002-2003 school
19 year, if the student's reading deficiency, as identified in
20 paragraph (a), is not remedied by the end of grade 3, as
21 demonstrated by scoring at Level 2 or higher on the statewide
22 assessment test in reading for grade 3, the student may must
23 be retained as provided in subsection (5).
24 (c) The parent of any student who exhibits a
25 substantial deficiency in reading, as described in paragraph
26 (a), must be notified in writing of the following:
27 1. That his or her child has been identified as having
28 a substantial deficiency in reading.
29 2. A description of the current services that are
30 provided to the child.
31 3. A description of the proposed supplemental
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 2480
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1 instructional services and supports that will be provided to
2 the child that are designed to remediate the identified area
3 of reading deficiency.
4 4. That if the child's reading deficiency is not
5 remediated by the end of the child's grade level grade 3, the
6 child may must be retained as provided in subsection (5)
7 unless he or she is exempt from mandatory retention for good
8 cause.
9 5. Strategies for parents to use in helping their
10 child succeed in reading proficiency.
11 6. That the Florida Comprehensive Assessment Test
12 (FCAT) is not the sole determiner of promotion and that
13 additional evaluations, portfolio reviews, and assessments are
14 available to the child to assist parents and the school
15 district in knowing when a child is reading at or above grade
16 level and ready for grade promotion.
17 7. The district's specific criteria and policies for
18 midyear promotion. Midyear promotion means promotion of a
19 retained student at any time during the year of retention once
20 the student has demonstrated ability to read at grade level.
21 (5)(6) ELIMINATION OF SOCIAL PROMOTION; RETENTION;
22 APPEALS.--
23 (a) A No student may not be assigned to a grade level
24 based solely on age or other factors that constitute social
25 promotion.
26 (b) The district school board may retain only exempt
27 students only from mandatory retention, as provided in this
28 subsection paragraph (5)(b), for good cause. Good cause
29 exemptions shall be limited to the following:
30 1. Limited English proficient students who have had
31 less than 2 years of instruction in an English for Speakers of
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1 Other Languages program.
2 2. Students with disabilities whose individual
3 education plan indicates that participation in the statewide
4 assessment program is not appropriate, consistent with the
5 requirements of State Board of Education rule.
6 3. Students who demonstrate an acceptable level of
7 performance on an alternative standardized reading assessment
8 approved by the State Board of Education.
9 4. Students who demonstrate, through a student
10 portfolio, that the student is reading on grade level as
11 evidenced by demonstration of mastery of the Sunshine State
12 Standards in reading equal to at least a Level 2 performance
13 on the FCAT.
14 5. Students with disabilities who participate in the
15 FCAT and who have an individual education plan or a Section
16 504 plan that reflects that the student has received the
17 intensive remediation in reading, as required by paragraph
18 (4)(b), for more than 2 years but still demonstrates a
19 deficiency in reading and was previously retained in
20 kindergarten, grade 1, grade 2, or grade 3.
21 6. Students who have received the intensive
22 remediation in reading as required by paragraph (4)(b) for 2
23 or more years but still demonstrate a deficiency in reading
24 and who were previously retained in kindergarten, grade 1,
25 grade 2, or grade 3 for a total of 2 years. Intensive reading
26 instruction for students so promoted must include an altered
27 instructional day based upon an academic improvement plan that
28 includes specialized diagnostic information and specific
29 reading strategies for each student. The district school board
30 shall assist schools and teachers to implement reading
31 strategies that research has shown to be successful in
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Florida Senate - 2005 SENATOR AMENDMENT
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1 improving reading among low-performing readers.
2 (c) Written requests for the retention of a student
3 must good cause exemptions for students from the mandatory
4 retention requirement as described in subparagraphs (b)3. and
5 4. shall be made consistent with the following:
6 1. Documentation must shall be submitted from the
7 student's teacher to the school principal which that indicates
8 that the retention promotion of the student is appropriate and
9 is based upon the student's academic record. In order to
10 minimize paperwork requirements, such documentation must shall
11 consist only of the existing academic improvement plan,
12 individual educational plan, if applicable, report card, or
13 student portfolio.
14 2. The school principal shall review the parent's
15 request and the teacher's recommendation and discuss the such
16 recommendation with:
17 a. The teacher;
18 b. The parent;
19 c. A representative of the school district who is
20 qualified to provide or supervise the provision of specially
21 designed instruction to meet the unique needs of the student,
22 is knowledgeable about the general curriculum, and is
23 knowledgeable about the availability of resources of the
24 school district; and
25 d. Other individuals, at the discretion of the parent
26 or the school district, who have knowledge or special
27 expertise regarding the student. The determination of the
28 knowledge or special expertise of any such individual shall be
29 made by the party who invited the individual to be a part of
30 the discussion.
31
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 2480
Barcode 212636
1 The school principal shall and make the determination as to
2 whether the student should be promoted or retained. If the
3 school principal determines that the student should be
4 promoted, the school principal shall make such recommendation
5 in writing to the district school superintendent. The
6 district school superintendent shall accept or reject the
7 school principal's recommendation in writing.
8 3. The parent may appeal the decision of the district
9 school superintendent to the district school board.
10 (6)(7) SUCCESSFUL PROGRESSION FOR RETAINED READERS.--
11 (a) Students who have a substantial reading deficiency
12 as determined under paragraph (4)(a) retained under the
13 provisions of paragraph (5)(b) must be provided intensive
14 interventions in reading to ameliorate the student's specific
15 reading deficiency, as identified by a valid and reliable
16 diagnostic assessment. This intensive intervention must
17 include effective instructional strategies, participation in
18 the school district's summer reading camp, and appropriate
19 teaching methodologies necessary to assist those students in
20 becoming successful readers who are, able to read at or above
21 grade level, and ready for promotion to the next grade.
22 (b) Beginning with the 2004-2005 school year, each
23 school district shall:
24 1. Conduct a review of student academic improvement
25 plans for all students who did not score above Level 1 on the
26 reading portion of the FCAT and did not meet the criteria for
27 one of the good cause exemptions in paragraph (6)(b). The
28 review shall address additional supports and services, as
29 described in this subsection, needed to remediate the
30 identified areas of reading deficiency. The school district
31 shall require a student portfolio to be completed for each
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 2480
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1 such student.
2 2. Provide students who are retained under the
3 provisions of paragraph (5)(b) with intensive instructional
4 services and supports to remediate the identified areas of
5 reading deficiency, including a minimum of 90 minutes of
6 daily, uninterrupted, scientifically research-based reading
7 instruction and other strategies prescribed by the school
8 district, which may include, but are not limited to:
9 a. Small group instruction.
10 b. Reduced teacher-student ratios.
11 c. More frequent progress monitoring.
12 d. Tutoring or mentoring.
13 e. Transition classes containing 3rd and 4th grade
14 students.
15 f. Extended school day, week, or year.
16 g. Summer reading camps.
17 3. Provide written notification to the parent of any
18 student who is identified as having a substantial reading
19 deficiency under paragraph (4)(a) retained under the
20 provisions of paragraph (5)(b) that his or her child has not
21 met the proficiency level required for promotion and the
22 reasons the child is not eligible for a good cause exemption
23 as provided in paragraph (6)(b). The notification must comply
24 with the provisions of s. 1002.20(14) and must include a
25 description of proposed interventions and supports that will
26 be provided to the child to remediate the identified areas of
27 reading deficiency.
28 4. Implement a policy for the midyear promotion of any
29 student retained under the provisions of paragraph (5)(b) who
30 can demonstrate that he or she is a successful and independent
31 reader, reading at or above grade level, and ready to be
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Florida Senate - 2005 SENATOR AMENDMENT
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1 promoted to grade 4. Tools that school districts may use in
2 reevaluating any student retained may include subsequent
3 assessments, alternative assessments, and portfolio reviews,
4 in accordance with rules of the State Board of Education.
5 Students promoted during the school year after November 1 must
6 demonstrate proficiency above that required to score at Level
7 2 on the grade 3 FCAT, as determined by the State Board of
8 Education. The State Board of Education shall adopt standards
9 that provide a reasonable expectation that the student's
10 progress is sufficient to master appropriate 4th grade level
11 reading skills.
12 4.5. Provide students who are identified as having a
13 substantial reading deficiency under paragraph (4)(a) retained
14 under the provisions of paragraph (5)(b) with a
15 high-performing teacher as determined by student performance
16 data and above-satisfactory performance appraisals.
17 5.6. In addition to required reading enhancement and
18 acceleration strategies, provide parents of students
19 identified as having a substantial reading deficiency to be
20 retained with at least one of the following instructional
21 options:
22 a. Supplemental tutoring in scientifically
23 research-based reading services in addition to the regular
24 reading block, including tutoring before and/or after school.
25 b. A "Read at Home" plan outlined in a parental
26 contract, including participation in "Families Building Better
27 Readers Workshops" and regular parent-guided home reading.
28 c. A mentor or tutor with specialized reading
29 training.
30 6.7. Establish a Reading Enhancement and Acceleration
31 Development (READ) Initiative. The focus of the READ
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Florida Senate - 2005 SENATOR AMENDMENT
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1 Initiative shall be to prevent the retention of grade 3
2 students and to offer intensive accelerated reading
3 instruction to grade 3 students who failed to meet standards
4 for promotion to grade 4 and to each K-3 student who is
5 assessed as exhibiting a reading deficiency. The READ
6 Initiative shall:
7 a. Be provided to all K-3 students at risk of not
8 meeting grade level expectations retention as identified by
9 the statewide assessment system used in Reading First schools.
10 The assessment must measure phonemic awareness, phonics,
11 fluency, vocabulary, and comprehension.
12 b. Be provided during regular school hours in addition
13 to the regular reading instruction.
14 c. Provide a state-identified reading curriculum that
15 has been reviewed by the Florida Center for Reading Research
16 at Florida State University and meets, at a minimum, the
17 following specifications:
18 (I) Assists students assessed as exhibiting a reading
19 deficiency in developing the ability to read at grade level.
20 (II) Provides skill development in phonemic awareness,
21 phonics, fluency, vocabulary, and comprehension.
22 (III) Provides scientifically based and reliable
23 assessment.
24 (IV) Provides initial and ongoing analysis of each
25 student's reading progress.
26 (V) Is implemented during regular school hours.
27 (VI) Provides a curriculum in core academic subjects
28 to assist the student in maintaining or meeting proficiency
29 levels for the appropriate grade in all academic subjects.
30 7.8. Establish at each school, where applicable, an
31 Intensive Acceleration Class for retained grade 3 students who
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1 subsequently score at Level 1 on the reading portion of the
2 FCAT. The focus of the Intensive Acceleration Class shall be
3 to increase a child's reading level at least two grade levels
4 in 1 school year. The Intensive Acceleration Class shall:
5 a. Be provided to any student in grade 3 who scores at
6 Level 1 on the reading portion of the FCAT and who was
7 retained in grade 3 the prior year because of scoring at Level
8 1 on the reading portion of the FCAT.
9 b. Have a reduced teacher-student ratio.
10 c. Provide uninterrupted reading instruction for the
11 majority of student contact time each day and incorporate
12 opportunities to master the grade 4 Sunshine State Standards
13 in other core subject areas.
14 d. Use a reading program that is scientifically
15 research-based and has proven results in accelerating student
16 reading achievement within the same school year.
17 e. Provide intensive language and vocabulary
18 instruction using a scientifically research-based program,
19 including use of a speech-language therapist.
20 f. Include weekly progress monitoring measures to
21 ensure progress is being made.
22 g. Report to the Department of Education, in the
23 manner described by the department, the progress of students
24 in the class at the end of the first semester.
25 8.9. Report to the State Board of Education, as
26 requested, on the specific intensive reading interventions and
27 supports implemented at the school district level. The
28 Commissioner of Education shall annually prescribe the
29 required components of requested reports.
30 10. Provide a student who has been retained in grade 3
31 and has received intensive instructional services but is still
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1 not ready for grade promotion, as determined by the school
2 district, the option of being placed in a transitional
3 instructional setting. Such setting shall specifically be
4 designed to produce learning gains sufficient to meet grade 4
5 performance standards while continuing to remediate the areas
6 of reading deficiency.
7 (7)(8) ANNUAL REPORT.--
8 (a) In addition to the requirements in paragraph
9 (5)(b), Each district school board must annually report to the
10 parent of each student the progress of the student toward
11 achieving state and district expectations for proficiency in
12 reading, writing, science, and mathematics. The district
13 school board must report to the parent the student's results
14 on each statewide assessment test. The evaluation of each
15 student's progress must be based upon the student's classroom
16 work, observations, tests, district and state assessments, and
17 other relevant information. Progress reporting must be
18 provided to the parent in writing in a format adopted by the
19 district school board.
20 (b) Beginning with the 2001-2002 school year, each
21 district school board must annually publish in the local
22 newspaper, and report in writing to the State Board of
23 Education by September 1 of each year, the following
24 information on the prior school year:
25 1. The provisions of this section relating to public
26 school student progression and the district school board's
27 policies and procedures on student retention and promotion.
28 2. By grade, the number and percentage of all students
29 in grades 3 through 10 performing at Levels 1 and 2 on the
30 reading portion of the FCAT.
31 3. By grade, the number and percentage of all students
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1 retained as provided in subsection (5) in grades 3 through 10.
2 4. Information on the total number of students who
3 were promoted for good cause, by each category of good cause
4 as specified in paragraph (6)(b).
5 5. Any revisions to the district school board's policy
6 on student retention and promotion from the prior year.
7 (c) The Department of Education shall establish a
8 uniform format in which school districts must report such
9 information. The department shall annually compile the
10 information required under subparagraphs (b)2., 3., and 4.,
11 along with state-level summary information, and shall report
12 the information to the Governor, the President of the Senate,
13 and the Speaker of the House of Representatives.
14 (8)(9) STATE BOARD AUTHORITY AND RESPONSIBILITIES.--
15 (a) The State Board of Education shall have authority
16 as provided in s. 1008.32 to enforce this section.
17 (b) The State Board of Education shall adopt rules
18 pursuant to ss. 120.536(1) and 120.54 for the administration
19 of this section, including, but not limited to, rules
20 establishing procedures by which parents may appeal a decision
21 by the district school superintendent as provided in
22 subsection (5).
23 (9)(10) TECHNICAL ASSISTANCE.--The department shall
24 provide technical assistance as needed to aid district school
25 boards in administering this section.
26 (10) REPORTS.--The Department of Education shall
27 annually provide to the Governor, the President of the Senate,
28 and the Speaker of the House of Representatives a report on:
29 (a) The longitudinal performance of students in math
30 and reading.
31 (b) The longitudinal performance of students by grade
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1 level in math and reading.
2 (c) The longitudinal performance regarding efforts to
3 close the achievement gap.
4 (d) The longitudinal performance of students on the
5 norm-referenced component of the FCAT.
6 (e) Other student performance data based on national
7 norm-referenced and criterion-referenced tests, when
8 available.
9 Section 24. Subsection (11) of section 1002.20,
10 Florida Statutes, is amended to read:
11 1002.20 K-12 student and parent rights.--Parents of
12 public school students must receive accurate and timely
13 information regarding their child's academic progress and must
14 be informed of ways they can help their child to succeed in
15 school. K-12 students and their parents are afforded numerous
16 statutory rights including, but not limited to, the following:
17 (11) STUDENTS WITH READING DEFICIENCIES.--Each
18 elementary school shall regularly assess the reading ability
19 of each K-3 student. The parent of any K-3 student who
20 exhibits a reading deficiency shall be immediately notified of
21 the student's deficiency with a description and explanation,
22 in terms understandable to the parent, of the exact nature of
23 the student's difficulty in learning and lack of achievement
24 in reading; shall be consulted in the development of a
25 detailed academic improvement plan, as described in s.
26 1008.25(3)(b) s. 1008.25(4)(b); and shall be informed that the
27 student will be given intensive reading instruction until the
28 deficiency is corrected. This subsection operates in addition
29 to the remediation and notification provisions contained in s.
30 1008.25 and in no way reduces the rights of a parent or the
31 responsibilities of a school district under that section.
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1 Section 25. Subsection (2) of section 1002.23, Florida
2 Statutes, is amended to read:
3 1002.23 Family and School Partnership for Student
4 Achievement Act.--
5 (2) To facilitate meaningful parent and family
6 involvement, the Department of Education shall develop
7 guidelines for a parent guide to successful student
8 achievement which describes what parents need to know about
9 their child's educational progress and how they can help their
10 child to succeed in school. The guidelines shall include, but
11 need not be limited to:
12 (a) Parental information regarding:
13 1. Options Requirements for their child to be retained
14 promoted to the next grade, as provided for in s. 1008.25;
15 2. Progress of their child toward achieving state and
16 district expectations for academic proficiency;
17 3. Assessment results, including report cards and
18 progress reports; and
19 4. Qualifications of their child's teachers;
20 (b) Services available for parents and their children,
21 such as family literacy services; mentoring, tutorial, and
22 other academic reinforcement programs; college planning,
23 academic advisement, and student counseling services; and
24 after-school programs;
25 (c) Opportunities for parental participation, such as
26 parenting classes, adult education, school advisory councils,
27 and school volunteer programs;
28 (d) Opportunities for parents to learn about rigorous
29 academic programs that may be available for their child, such
30 as honors programs, dual enrollment, advanced placement,
31 International Baccalaureate, Florida Virtual High School
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1 courses, and accelerated access to postsecondary education;
2 (e) Educational choices, as provided for in s.
3 1002.20(6), and corporate income tax credit scholarships, as
4 provided for in s. 220.187;
5 (f) Classroom and test accommodations available for
6 students with disabilities; and
7 (g) School board rules, policies, and procedures for
8 student promotion and retention, academic standards, student
9 assessment, courses of study, instructional materials, and
10 contact information for school and district offices.
11 Section 26. The State Board of Education shall
12 initiate the adoption of rules required under sections 23-25
13 of this act 10 days after the effective date of this act.
14
15 (Redesignate subsequent sections.)
16
17
18 ================ T I T L E A M E N D M E N T ===============
19 And the title is amended as follows:
20 On page 5, lines 3-8, delete those lines
21
22 and insert:
23 s. 1008.25, F.S.; revising the components of
24 school district student progression programs;
25 eliminating guidelines for allocating school
26 district remedial and supplemental instruction
27 resources; providing for the retention of
28 students under specified circumstances;
29 eliminating mandatory retention requirements
30 for certain students in grade 3; eliminating
31 midyear promotion; providing procedures for
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1 parental requests for retention; providing for
2 appeals; eliminating standards for exemption
3 from mandatory retention, to conform; revising
4 the parental notification requirements;
5 revising guidelines for remedial reading
6 instruction and intervention strategies;
7 revising the purpose of the Reading Enhancement
8 and Acceleration Development Initiative;
9 revising the eligibility criteria for the
10 Intensive Acceleration Class; revising the
11 requirements for reports by district school
12 boards specifying required rules; amending s.
13 1002.20, F.S.; conforming a cross-reference;
14 amending s. 1002.23, F.S., to conform;
15 requiring the State Board of Education to
16 initiate the adoption of rules by a time
17 certain; amending s. 1008.31,
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