Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. PCS for SB 2480 (561464)
Barcode 530420
CHAMBER ACTION
Senate House
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11 The Committee on Education (Wilson) recommended the following
12 amendment:
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14 Senate Amendment (with title amendment)
15 On page 65, line 18, through
16 page 67, line 12, delete section 28
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18 and insert:
19 Section 28. Section 1008.25, Florida Statutes, is
20 amended to read:
21 1008.25 Public school student progression; remedial
22 instruction; reporting requirements.--
23 (1) INTENT.--It is the intent of the Legislature that
24 each student's progression from one grade to another be
25 determined, in part, upon proficiency in reading, writing,
26 science, and mathematics; that district school board policies
27 facilitate such proficiency; and that each student and his or
28 her parent be informed of that student's academic progress.
29 (2) COMPREHENSIVE PROGRAM.--Each district school board
30 shall establish a comprehensive program for student
31 progression which must include:
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1 (a) Standards for evaluating each student's
2 performance, including how well he or she masters the
3 performance standards approved by the State Board of
4 Education.
5 (b) Specific levels of performance in reading,
6 writing, science, and mathematics for each grade level,
7 including the levels of performance on statewide assessments
8 as defined by the commissioner, below which a student must
9 receive remediation, or be retained within an intensive
10 program that is different from the previous year's program and
11 that takes into account the student's learning style.
12 (c) Appropriate alternative placement for a student
13 who has been retained 2 or more years.
14 (3) ALLOCATION OF RESOURCES.--District school boards
15 shall allocate remedial and supplemental instruction resources
16 to students in the following priority:
17 (a) Students who are deficient in reading by the end
18 of grade 3.
19 (b) Students who fail to meet performance levels
20 required for promotion consistent with the district school
21 board's plan for student progression required in paragraph
22 (2)(b).
23 (3)(4) ASSESSMENT AND REMEDIATION.--
24 (a) Each student must participate in the statewide
25 assessment tests required by s. 1008.22. Each student who does
26 not meet specific levels of performance as determined by the
27 district school board in reading, writing, science, and
28 mathematics for each grade level, or who does not meet
29 specific levels of performance as determined by the
30 commissioner on statewide assessments at selected grade
31 levels, must be provided with additional diagnostic
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. PCS for SB 2480 (561464)
Barcode 530420
1 assessments to determine the nature of the student's
2 difficulty and areas of academic need.
3 (b) The school in which the student is enrolled must
4 develop, in consultation with the student's parent, and must
5 implement an academic improvement plan designed to assist the
6 student in meeting state and district expectations for
7 proficiency. For a student for whom a personalized middle
8 school success plan is required pursuant to s. 1003.415, the
9 middle school success plan must be incorporated in the
10 student's academic improvement plan. Beginning with the
11 2002-2003 school year, if the student has been identified as
12 having a deficiency in reading, the academic improvement plan
13 shall identify the student's specific areas of deficiency in
14 phonemic awareness, phonics, fluency, comprehension, and
15 vocabulary; the desired levels of performance in these areas;
16 and the instructional and support services to be provided to
17 meet the desired levels of performance. Schools shall also
18 provide for the frequent monitoring of the student's progress
19 in meeting the desired levels of performance. District school
20 boards shall assist schools and teachers to implement
21 research-based reading activities that have been shown to be
22 successful in teaching reading to low-performing students.
23 Remedial instruction provided during high school may not be in
24 lieu of English and mathematics credits required for
25 graduation.
26 (c) Upon subsequent evaluation, if the documented
27 deficiency has not been remediated in accordance with the
28 academic improvement plan, the student may be retained as
29 provided in subsection (5). Each student who does not meet the
30 minimum performance expectations defined by the Commissioner
31 of Education for the statewide assessment tests in reading,
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Bill No. PCS for SB 2480 (561464)
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1 writing, science, and mathematics must continue to be provided
2 with remedial or supplemental instruction until the
3 expectations are met or the student graduates from high school
4 or is not subject to compulsory school attendance.
5 (4)(5) READING DEFICIENCY AND PARENTAL NOTIFICATION.--
6 (a) It is the ultimate goal of the Legislature that
7 every student read at or above grade level. Any student who
8 exhibits a substantial deficiency in reading, based upon
9 locally determined or statewide assessments conducted in
10 kindergarten or grade 1, grade 2, or grade 3, or through
11 teacher observations, must be given intensive reading
12 instruction immediately following the identification of the
13 reading deficiency. The student's reading proficiency must be
14 reassessed by locally determined assessments or through
15 teacher observations at the beginning of the grade following
16 the intensive reading instruction. The student must continue
17 to be provided with intensive reading instruction until the
18 reading deficiency is remedied.
19 (b) Beginning with the 2005-2006 2002-2003 school
20 year, if the student's reading deficiency, as identified in
21 paragraph (a), is not remedied by the end of grade 3, as
22 demonstrated by scoring at Level 2 or higher on the statewide
23 assessment test in reading for grade 3, the student may must
24 be retained as provided in subsection (5).
25 (c) The parent of any student who exhibits a
26 substantial deficiency in reading, as described in paragraph
27 (a), must be notified in writing of the following:
28 1. That his or her child has been identified as having
29 a substantial deficiency in reading.
30 2. A description of the current services that are
31 provided to the child.
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1 3. A description of the proposed supplemental
2 instructional services and supports that will be provided to
3 the child that are designed to remediate the identified area
4 of reading deficiency.
5 4. That if the child's reading deficiency is not
6 remediated by the end of the child's grade level grade 3, the
7 child may must be retained as provided in subsection (5)
8 unless he or she is exempt from mandatory retention for good
9 cause.
10 5. Strategies for parents to use in helping their
11 child succeed in reading proficiency.
12 6. That the Florida Comprehensive Assessment Test
13 (FCAT) is not the sole determiner of promotion and that
14 additional evaluations, portfolio reviews, and assessments are
15 available to the child to assist parents and the school
16 district in knowing when a child is reading at or above grade
17 level and ready for grade promotion.
18 7. The district's specific criteria and policies for
19 midyear promotion. Midyear promotion means promotion of a
20 retained student at any time during the year of retention once
21 the student has demonstrated ability to read at grade level.
22 (5)(6) ELIMINATION OF SOCIAL PROMOTION; RETENTION;
23 APPEALS.--
24 (a) A No student may not be assigned to a grade level
25 based solely on age or other factors that constitute social
26 promotion.
27 (b) The district school board may retain only exempt
28 students only from mandatory retention, as provided in this
29 subsection paragraph (5)(b), for good cause. Good cause
30 exemptions shall be limited to the following:
31 1. Limited English proficient students who have had
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1 less than 2 years of instruction in an English for Speakers of
2 Other Languages program.
3 2. Students with disabilities whose individual
4 education plan indicates that participation in the statewide
5 assessment program is not appropriate, consistent with the
6 requirements of State Board of Education rule.
7 3. Students who demonstrate an acceptable level of
8 performance on an alternative standardized reading assessment
9 approved by the State Board of Education.
10 4. Students who demonstrate, through a student
11 portfolio, that the student is reading on grade level as
12 evidenced by demonstration of mastery of the Sunshine State
13 Standards in reading equal to at least a Level 2 performance
14 on the FCAT.
15 5. Students with disabilities who participate in the
16 FCAT and who have an individual education plan or a Section
17 504 plan that reflects that the student has received the
18 intensive remediation in reading, as required by paragraph
19 (4)(b), for more than 2 years but still demonstrates a
20 deficiency in reading and was previously retained in
21 kindergarten, grade 1, grade 2, or grade 3.
22 6. Students who have received the intensive
23 remediation in reading as required by paragraph (4)(b) for 2
24 or more years but still demonstrate a deficiency in reading
25 and who were previously retained in kindergarten, grade 1,
26 grade 2, or grade 3 for a total of 2 years. Intensive reading
27 instruction for students so promoted must include an altered
28 instructional day based upon an academic improvement plan that
29 includes specialized diagnostic information and specific
30 reading strategies for each student. The district school board
31 shall assist schools and teachers to implement reading
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Florida Senate - 2005 COMMITTEE AMENDMENT
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1 strategies that research has shown to be successful in
2 improving reading among low-performing readers.
3 (c) Written requests for the retention of a student
4 must good cause exemptions for students from the mandatory
5 retention requirement as described in subparagraphs (b)3. and
6 4. shall be made consistent with the following:
7 1. Documentation must shall be submitted from the
8 student's teacher to the school principal which that indicates
9 that the retention promotion of the student is appropriate and
10 is based upon the student's academic record. In order to
11 minimize paperwork requirements, such documentation must shall
12 consist only of the existing academic improvement plan,
13 individual educational plan, if applicable, report card, or
14 student portfolio.
15 2. The school principal shall review the parent's
16 request and the teacher's recommendation and discuss the such
17 recommendation with:
18 a. The teacher;
19 b. The parent;
20 c. A representative of the school district who is
21 qualified to provide or supervise the provision of specially
22 designed instruction to meet the unique needs of the student,
23 is knowledgeable about the general curriculum, and is
24 knowledgeable about the availability of resources of the
25 school district; and
26 d. Other individuals, at the discretion of the parent
27 or the school district, who have knowledge or special
28 expertise regarding the student. The determination of the
29 knowledge or special expertise of any such individual shall be
30 made by the party who invited the individual to be a part of
31 the discussion.
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1
2 The school principal shall and make the determination as to
3 whether the student should be promoted or retained. If the
4 school principal determines that the student should be
5 promoted, the school principal shall make such recommendation
6 in writing to the district school superintendent. The
7 district school superintendent shall accept or reject the
8 school principal's recommendation in writing.
9 3. The parent may appeal the decision of the district
10 school superintendent to the district school board.
11 (6)(7) SUCCESSFUL PROGRESSION FOR RETAINED READERS.--
12 (a) Students who have a substantial reading deficiency
13 as determined under paragraph (4)(a) retained under the
14 provisions of paragraph (5)(b) must be provided intensive
15 interventions in reading to ameliorate the student's specific
16 reading deficiency, as identified by a valid and reliable
17 diagnostic assessment. This intensive intervention must
18 include effective instructional strategies, participation in
19 the school district's summer reading camp, and appropriate
20 teaching methodologies necessary to assist those students in
21 becoming successful readers who are, able to read at or above
22 grade level, and ready for promotion to the next grade.
23 (b) Beginning with the 2004-2005 school year, each
24 school district shall:
25 1. Conduct a review of student academic improvement
26 plans for all students who did not score above Level 1 on the
27 reading portion of the FCAT and did not meet the criteria for
28 one of the good cause exemptions in paragraph (6)(b). The
29 review shall address additional supports and services, as
30 described in this subsection, needed to remediate the
31 identified areas of reading deficiency. The school district
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1 shall require a student portfolio to be completed for each
2 such student.
3 2. Provide students who are retained under the
4 provisions of paragraph (5)(b) with intensive instructional
5 services and supports to remediate the identified areas of
6 reading deficiency, including a minimum of 90 minutes of
7 daily, uninterrupted, scientifically research-based reading
8 instruction and other strategies prescribed by the school
9 district, which may include, but are not limited to:
10 a. Small group instruction.
11 b. Reduced teacher-student ratios.
12 c. More frequent progress monitoring.
13 d. Tutoring or mentoring.
14 e. Transition classes containing 3rd and 4th grade
15 students.
16 f. Extended school day, week, or year.
17 g. Summer reading camps.
18 3. Provide written notification to the parent of any
19 student who is identified as having a substantial reading
20 deficiency under paragraph (4)(a) retained under the
21 provisions of paragraph (5)(b) that his or her child has not
22 met the proficiency level required for promotion and the
23 reasons the child is not eligible for a good cause exemption
24 as provided in paragraph (6)(b). The notification must comply
25 with the provisions of s. 1002.20(14) and must include a
26 description of proposed interventions and supports that will
27 be provided to the child to remediate the identified areas of
28 reading deficiency.
29 4. Implement a policy for the midyear promotion of any
30 student retained under the provisions of paragraph (5)(b) who
31 can demonstrate that he or she is a successful and independent
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1 reader, reading at or above grade level, and ready to be
2 promoted to grade 4. Tools that school districts may use in
3 reevaluating any student retained may include subsequent
4 assessments, alternative assessments, and portfolio reviews,
5 in accordance with rules of the State Board of Education.
6 Students promoted during the school year after November 1 must
7 demonstrate proficiency above that required to score at Level
8 2 on the grade 3 FCAT, as determined by the State Board of
9 Education. The State Board of Education shall adopt standards
10 that provide a reasonable expectation that the student's
11 progress is sufficient to master appropriate 4th grade level
12 reading skills.
13 4.5. Provide students who are identified as having a
14 substantial reading deficiency under paragraph (4)(a) retained
15 under the provisions of paragraph (5)(b) with a
16 high-performing teacher as determined by student performance
17 data and above-satisfactory performance appraisals.
18 5.6. In addition to required reading enhancement and
19 acceleration strategies, provide parents of students
20 identified as having a substantial reading deficiency to be
21 retained with at least one of the following instructional
22 options:
23 a. Supplemental tutoring in scientifically
24 research-based reading services in addition to the regular
25 reading block, including tutoring before and/or after school.
26 b. A "Read at Home" plan outlined in a parental
27 contract, including participation in "Families Building Better
28 Readers Workshops" and regular parent-guided home reading.
29 c. A mentor or tutor with specialized reading
30 training.
31 6.7. Establish a Reading Enhancement and Acceleration
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1 Development (READ) Initiative. The focus of the READ
2 Initiative shall be to prevent the retention of grade 3
3 students and to offer intensive accelerated reading
4 instruction to grade 3 students who failed to meet standards
5 for promotion to grade 4 and to each K-3 student who is
6 assessed as exhibiting a reading deficiency. The READ
7 Initiative shall:
8 a. Be provided to all K-3 students at risk of not
9 meeting grade level expectations retention as identified by
10 the statewide assessment system used in Reading First schools.
11 The assessment must measure phonemic awareness, phonics,
12 fluency, vocabulary, and comprehension.
13 b. Be provided during regular school hours in addition
14 to the regular reading instruction.
15 c. Provide a state-identified reading curriculum that
16 has been reviewed by the Florida Center for Reading Research
17 at Florida State University and meets, at a minimum, the
18 following specifications:
19 (I) Assists students assessed as exhibiting a reading
20 deficiency in developing the ability to read at grade level.
21 (II) Provides skill development in phonemic awareness,
22 phonics, fluency, vocabulary, and comprehension.
23 (III) Provides scientifically based and reliable
24 assessment.
25 (IV) Provides initial and ongoing analysis of each
26 student's reading progress.
27 (V) Is implemented during regular school hours.
28 (VI) Provides a curriculum in core academic subjects
29 to assist the student in maintaining or meeting proficiency
30 levels for the appropriate grade in all academic subjects.
31 7.8. Establish at each school, where applicable, an
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1 Intensive Acceleration Class for retained grade 3 students who
2 subsequently score at Level 1 on the reading portion of the
3 FCAT. The focus of the Intensive Acceleration Class shall be
4 to increase a child's reading level at least two grade levels
5 in 1 school year. The Intensive Acceleration Class shall:
6 a. Be provided to any student in grade 3 who scores at
7 Level 1 on the reading portion of the FCAT and who was
8 retained in grade 3 the prior year because of scoring at Level
9 1 on the reading portion of the FCAT.
10 b. Have a reduced teacher-student ratio.
11 c. Provide uninterrupted reading instruction for the
12 majority of student contact time each day and incorporate
13 opportunities to master the grade 4 Sunshine State Standards
14 in other core subject areas.
15 d. Use a reading program that is scientifically
16 research-based and has proven results in accelerating student
17 reading achievement within the same school year.
18 e. Provide intensive language and vocabulary
19 instruction using a scientifically research-based program,
20 including use of a speech-language therapist.
21 f. Include weekly progress monitoring measures to
22 ensure progress is being made.
23 g. Report to the Department of Education, in the
24 manner described by the department, the progress of students
25 in the class at the end of the first semester.
26 8.9. Report to the State Board of Education, as
27 requested, on the specific intensive reading interventions and
28 supports implemented at the school district level. The
29 Commissioner of Education shall annually prescribe the
30 required components of requested reports.
31 10. Provide a student who has been retained in grade 3
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1 and has received intensive instructional services but is still
2 not ready for grade promotion, as determined by the school
3 district, the option of being placed in a transitional
4 instructional setting. Such setting shall specifically be
5 designed to produce learning gains sufficient to meet grade 4
6 performance standards while continuing to remediate the areas
7 of reading deficiency.
8 (7)(8) ANNUAL REPORT.--
9 (a) In addition to the requirements in paragraph
10 (5)(b), Each district school board must annually report to the
11 parent of each student the progress of the student toward
12 achieving state and district expectations for proficiency in
13 reading, writing, science, and mathematics. The district
14 school board must report to the parent the student's results
15 on each statewide assessment test. The evaluation of each
16 student's progress must be based upon the student's classroom
17 work, observations, tests, district and state assessments, and
18 other relevant information. Progress reporting must be
19 provided to the parent in writing in a format adopted by the
20 district school board.
21 (b) Beginning with the 2001-2002 school year, each
22 district school board must annually publish in the local
23 newspaper, and report in writing to the State Board of
24 Education by September 1 of each year, the following
25 information on the prior school year:
26 1. The provisions of this section relating to public
27 school student progression and the district school board's
28 policies and procedures on student retention and promotion.
29 2. By grade, the number and percentage of all students
30 in grades 3 through 10 performing at Levels 1 and 2 on the
31 reading portion of the FCAT.
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1 3. By grade, the number and percentage of all students
2 retained as provided in subsection (5) in grades 3 through 10.
3 4. Information on the total number of students who
4 were promoted for good cause, by each category of good cause
5 as specified in paragraph (6)(b).
6 5. Any revisions to the district school board's policy
7 on student retention and promotion from the prior year.
8 (c) The Department of Education shall establish a
9 uniform format in which school districts must report such
10 information. The department shall annually compile the
11 information required under subparagraphs (b)2., 3., and 4.,
12 along with state-level summary information, and shall report
13 the information to the Governor, the President of the Senate,
14 and the Speaker of the House of Representatives.
15 (8)(9) STATE BOARD AUTHORITY AND RESPONSIBILITIES.--
16 (a) The State Board of Education shall have authority
17 as provided in s. 1008.32 to enforce this section.
18 (b) The State Board of Education shall adopt rules
19 pursuant to ss. 120.536(1) and 120.54 for the administration
20 of this section, including, but not limited to, rules
21 establishing procedures by which parents may appeal a decision
22 by the district school superintendent as provided in
23 subsection (5).
24 (9)(10) TECHNICAL ASSISTANCE.--The department shall
25 provide technical assistance as needed to aid district school
26 boards in administering this section.
27 (10) REPORTS.--The Department of Education shall
28 annually provide to the Governor, the President of the Senate,
29 and the Speaker of the House of Representatives a report on:
30 (a) The longitudinal performance of students in math
31 and reading.
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1 (b) The longitudinal performance of students by grade
2 level in math and reading.
3 (c) The longitudinal performance regarding efforts to
4 close the achievement gap.
5 (d) The longitudinal performance of students on the
6 norm-referenced component of the FCAT.
7 (e) Other student performance data based on national
8 norm-referenced and criterion-referenced tests, when
9 available.
10 Section 29. Subsection (11) of section 1002.20,
11 Florida Statutes, is amended to read:
12 1002.20 K-12 student and parent rights.--Parents of
13 public school students must receive accurate and timely
14 information regarding their child's academic progress and must
15 be informed of ways they can help their child to succeed in
16 school. K-12 students and their parents are afforded numerous
17 statutory rights including, but not limited to, the following:
18 (11) STUDENTS WITH READING DEFICIENCIES.--Each
19 elementary school shall regularly assess the reading ability
20 of each K-3 student. The parent of any K-3 student who
21 exhibits a reading deficiency shall be immediately notified of
22 the student's deficiency with a description and explanation,
23 in terms understandable to the parent, of the exact nature of
24 the student's difficulty in learning and lack of achievement
25 in reading; shall be consulted in the development of a
26 detailed academic improvement plan, as described in s.
27 1008.25(3)(b) s. 1008.25(4)(b); and shall be informed that the
28 student will be given intensive reading instruction until the
29 deficiency is corrected. This subsection operates in addition
30 to the remediation and notification provisions contained in s.
31 1008.25 and in no way reduces the rights of a parent or the
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1 responsibilities of a school district under that section.
2 Section 30. Subsection (2) of section 1002.23, Florida
3 Statutes, is amended to read:
4 1002.23 Family and School Partnership for Student
5 Achievement Act.--
6 (2) To facilitate meaningful parent and family
7 involvement, the Department of Education shall develop
8 guidelines for a parent guide to successful student
9 achievement which describes what parents need to know about
10 their child's educational progress and how they can help their
11 child to succeed in school. The guidelines shall include, but
12 need not be limited to:
13 (a) Parental information regarding:
14 1. Options Requirements for their child to be retained
15 promoted to the next grade, as provided for in s. 1008.25;
16 2. Progress of their child toward achieving state and
17 district expectations for academic proficiency;
18 3. Assessment results, including report cards and
19 progress reports; and
20 4. Qualifications of their child's teachers;
21 (b) Services available for parents and their children,
22 such as family literacy services; mentoring, tutorial, and
23 other academic reinforcement programs; college planning,
24 academic advisement, and student counseling services; and
25 after-school programs;
26 (c) Opportunities for parental participation, such as
27 parenting classes, adult education, school advisory councils,
28 and school volunteer programs;
29 (d) Opportunities for parents to learn about rigorous
30 academic programs that may be available for their child, such
31 as honors programs, dual enrollment, advanced placement,
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1 International Baccalaureate, Florida Virtual High School
2 courses, and accelerated access to postsecondary education;
3 (e) Educational choices, as provided for in s.
4 1002.20(6), and corporate income tax credit scholarships, as
5 provided for in s. 220.187;
6 (f) Classroom and test accommodations available for
7 students with disabilities; and
8 (g) School board rules, policies, and procedures for
9 student promotion and retention, academic standards, student
10 assessment, courses of study, instructional materials, and
11 contact information for school and district offices.
12 Section 31. The State Board of Education shall
13 initiate the adoption of rules required under sections 28-30
14 of this act 10 days after the effective date of this act.
15
16 (Redesignate subsequent sections.)
17
18
19 ================ T I T L E A M E N D M E N T ===============
20 And the title is amended as follows:
21 On page 5, line 9 and 10, delete those lines
22
23 and insert:
24 amending s. 1008.25, F.S.; revising the
25 components of school district student
26 progression programs; eliminating guidelines
27 for allocating school district remedial and
28 supplemental instruction resources; providing
29 for the retention of students under specified
30 circumstances; eliminating mandatory retention
31 requirements for certain students in grade 3;
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1 eliminating midyear promotion; providing
2 procedures for parental requests for retention;
3 providing for appeals; eliminating standards
4 for exemption from mandatory retention, to
5 conform; revising the parental notification
6 requirements; revising guidelines for remedial
7 reading instruction and intervention
8 strategies; revising the purpose of the Reading
9 Enhancement and Acceleration Development
10 Initiative; revising the eligibility criteria
11 for the Intensive Acceleration Class; revising
12 the requirements for reports by district school
13 boards specifying required rules; amending s.
14 1002.20, F.S.; conforming a cross-reference;
15 amending s. 1002.23, F.S., to conform;
16 requiring the State Board of Education to
17 initiate the adoption of rules by a time
18 certain; eliminating obsolete
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