Senate Bill sb2480c1
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Florida Senate - 2005 CS for SB 2480
By the Committee on Education; and Senators Lynn, Haridopolos,
Baker, Sebesta and Peaden
581-2076-05
1 A bill to be entitled
2 An act relating to education; amending s.
3 1001.03, F.S., relating to the powers of the
4 State Board of Education; requiring the State
5 Board of Education to periodically review the
6 Sunshine State Standards; creating s. 1001.215,
7 F.S.; creating the Just Read, Florida! Office
8 within the Department of Education; providing
9 duties of the office; amending s. 1001.42,
10 F.S., relating to powers and duties of a
11 district school board; revising the
12 requirements for school improvement plans;
13 creating s. 1002.385, F.S.; creating the
14 Reading Compact Scholarships Program; providing
15 scholarships to attend a public or private
16 school to students who have scored at Level 1
17 on the reading portion of the Florida
18 Comprehensive Assessment Test for 3 consecutive
19 years; providing an opportunity for screening
20 to identify reading disabilities; providing
21 scholarship eligibility requirements;
22 specifying scholarship obligations for
23 participating public and private schools and
24 parents and students; providing for scholarship
25 funding and payment; directing the Department
26 of Education and the Commissioner of Education
27 to administer the scholarship program; limiting
28 the liability of the state; providing
29 rulemaking authority; creating s. 1002.421,
30 F.S.; prescribing requirements of private
31 schools participating in state school choice
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1 scholarship programs; requiring compliance with
2 requirements relating to notice, student
3 enrollment and attendance verification, fiscal
4 soundness, academic assessment, and
5 criminal-background checks and to applicable
6 state and local health, safety, and welfare
7 laws, codes, and rules; providing grounds for
8 ineligibility to participate in certain
9 scholarship programs; providing rulemaking
10 authority to the State Board of Education;
11 creating s. 1002.423, F.S.; prescribing
12 obligations of the Department of Education for
13 education scholarship programs; requiring the
14 department to identify certain assessments;
15 requiring the department to select a private
16 research organization to which private schools
17 report student scores; providing reporting
18 requirements; creating s. 1003.035, F.S.;
19 providing for the contingent application of the
20 section upon the adoption of an amendment to
21 the State Constitution; prescribing district
22 average class size limitations for grades
23 prekindergarten through 3, grades 4 through 8,
24 and grades 9 through 12; requiring the
25 Department of Education to annually calculate
26 class size measures based on a specified
27 student-membership survey; amending s. 1003.05,
28 F.S., relating to military families; limiting
29 certain enrollment opportunities; creating s.
30 1003.413, F.S.; requiring school districts to
31 adopt certain reading policies in high schools;
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1 requiring that certain high schools offer
2 specific support services for students scoring
3 at Level 1 on the FCAT reading test; creating a
4 high school task force; providing membership;
5 providing reporting requirements; amending s.
6 1003.415, F.S., relating to the Middle School
7 Grades Reform Act; revising legislative intent;
8 deleting obsolete references; creating s.
9 1003.4155, F.S.; establishing a grading system
10 for middle schools; creating s. 1003.4156,
11 F.S.; establishing general requirements for
12 promotion from middle school; requiring the
13 successful completion of 12 academic credits in
14 certain courses; requiring an intensive reading
15 course under certain circumstances; defining a
16 middle school academic credit for purposes of
17 the section; requiring district school boards
18 to adopt policies for alternatives to obtain
19 credits; amending s. 1003.42, F.S., relating to
20 required instruction; revising and increasing
21 the requirements for studying U.S. history and
22 free enterprise; providing rulemaking authority
23 to the State Board of Education; repealing s.
24 1003.429, F.S., relating to options for
25 accelerated high school graduation; providing
26 for application; amending ss. 1003.431,
27 1007.261, 1008.22, and 1009.531, F.S., relating
28 to career education certification, state
29 university admissions, a student assessment
30 program for public schools, and the Florida
31 Bright Futures Scholarship Program; conforming
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1 provisions to the repeal of s. 1003.429, F.S.;
2 providing for application; amending s. 1003.52,
3 F.S.; requiring the Department of Education to
4 develop procedures for reporting performance
5 and participation data of students in juvenile
6 justice education programs; amending s.
7 1003.57, F.S.; providing guidelines for
8 determining the residency of a student who
9 receives instruction as an exceptional student
10 with a disability; requiring the student's
11 placing authority or parent to pay the cost of
12 such instruction, facilities, and services;
13 providing responsibilities of the Department of
14 Education; providing responsibilities of
15 residential facilities that educate exceptional
16 students with disabilities; providing
17 applicability; creating s. 1003.575, F.S.;
18 requiring the Department of Education to devise
19 an individual education plan form for use in
20 developing and implementing individual
21 education plans for exceptional students;
22 requiring school districts to use the form;
23 amending s. 1003.58, F.S.; conforming a
24 cross-reference; amending s. 1004.04, F.S.;
25 requiring the Council for Education Policy
26 Research and Improvement to review and report
27 on the effectiveness of the graduates of
28 state-approved teacher preparation programs and
29 alternative certification programs; creating s.
30 1004.64, F.S.; establishing the Florida Center
31 for Reading Research; specifying duties of the
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1 center; amending s. 1008.22, F.S., relating to
2 student assessment; expressing legislative
3 intent; identifying grade levels for state
4 assessment administration; eliminating obsolete
5 references; requiring certain reports; amending
6 s. 1008.25, F.S., relating to public school
7 student progression; eliminating obsolete
8 references; directing the Department of
9 Education to establish a uniform format for
10 reporting student progression information;
11 requiring certain reports; amending s. 1008.31,
12 F.S., relating to education accountability;
13 expressing legislative intent relating to
14 performance measures established by the Board
15 of Governors with respect to the state
16 universities; eliminating certain
17 performance-based funding requirements;
18 providing guiding principles for the
19 accountability system; revising the goals of
20 the accountability system; requiring certain
21 reports; providing rulemaking authority to the
22 State Board of Education; amending s. 1008.33,
23 F.S., relating to the authority to enforce
24 public school improvement; authorizing transfer
25 of certain teachers to low-performing schools;
26 amending s. 1008.34, F.S., relating to the
27 school grading system; requiring that student
28 test scores be calculated in the alternative
29 school in which the student is enrolled and the
30 school previously attended; providing
31 exceptions; requiring the Department of
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1 Education to develop a school report card;
2 creating s. 1008.341, F.S.; requiring the
3 grading of alternative schools; providing
4 definitions; requiring that the Commissioner of
5 Education prepare an annual report; specifying
6 the data to be used in determining school
7 grades; requiring that a school report card be
8 delivered to parents; requiring the State Board
9 of Education to adopt rules; amending s.
10 1008.36, F.S., relating to the Florida School
11 Recognition Program; providing that certain
12 feeder schools are eligible to participate in
13 the program; providing a definition; requiring
14 certain feeder schools to be subject to the
15 Opportunity Scholarship Program, as defined in
16 s. 1002.38, F.S.; providing for the disposition
17 of school recognition funds; defining
18 eligibility for the receipt of school
19 recognition funds; amending s. 1011.62, F.S.,
20 relating to funds for the operation of schools;
21 creating a research-based reading-instruction
22 allocation for students in kindergarten through
23 grade 12; providing for the use of the funds;
24 providing for fund disbursement; creating s.
25 1011.6855, F.S.; providing for the contingent
26 application of the section upon the adoption of
27 an amendment to the State Constitution;
28 establishing an operating categorical fund;
29 providing a minimum instructional personnel
30 salary; requiring the use of certain funds for
31 class size reduction; amending s. 1012.21,
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1 F.S., relating to the duties of the Department
2 of Education; requiring the department to
3 annually post school district collective
4 bargaining agreements on-line; amending s.
5 1012.22, F.S., relating to public school
6 personnel; requiring school boards to adopt
7 differentiated-pay policies for school
8 administrators and instructional personnel;
9 specifying factors to be included in
10 differentiated-pay policies; providing for the
11 withholding of funds for failure to comply;
12 creating s. 1012.2305, F.S.; expressing
13 legislative intent regarding minimum
14 instructional personnel pay; providing for
15 contingent application of the section upon the
16 adoption of an amendment to the State
17 Constitution; establishing minimum pay for
18 certain instructional personnel; creating s.
19 1012.2315, F.S.; establishing legislative
20 findings; expressing legislative intent;
21 providing criteria for the assignment of
22 teachers to certain schools; authorizing
23 certain salary incentives; limiting certain
24 collective bargaining provisions relating to
25 assignment of teachers at certain schools;
26 amending s. 1012.72, F.S., relating to the Dale
27 Hickam Excellent Teaching Program; requiring
28 that the Department of Education administer the
29 Dale Hickam Excellent Teaching Program Trust
30 Fund; requiring the Council for Education
31 Policy Research and Improvement to evaluate the
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1 benefits and effectiveness of the program;
2 creating s. 1012.986, F.S.; establishing a
3 statewide system for the professional
4 development of school leaders; providing a
5 short title; providing program purposes and
6 legislative intent; requiring the Department of
7 Education to annually determine criteria for
8 school leadership designations based on certain
9 factors; requiring certain program components;
10 providing for a program delivery system;
11 providing rulemaking authority to the State
12 Board of Education; repealing s. 1012.987,
13 F.S., relating to education leadership
14 development; repealing s. 1012.231, F.S.,
15 relating to the BEST Florida Teaching Salary
16 career ladder program; repealing s. 1003.03,
17 F.S., relating to statutory class size
18 maximums, contingent upon the adoption of an
19 amendment to the State Constitution; repealing
20 s. 1011.685, F.S., relating to the class size
21 reduction categorical fund, contingent upon the
22 adoption of an amendment to the State
23 Constitution; providing for severability;
24 providing effective dates.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Subsection (1) of section 1001.03, Florida
29 Statutes, is amended to read:
30 1001.03 Specific powers of State Board of Education.--
31
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1 (1) PUBLIC K-12 STUDENT PERFORMANCE STANDARDS.--The
2 State Board of Education shall approve the student performance
3 standards known as the Sunshine State Standards in key
4 academic subject areas and grade levels. The board shall
5 periodically review the standards to ensure adequate rigor,
6 logical pupil progression, and articulation from grade to
7 grade, and shall evaluate the extent to which the standards
8 are being taught at each grade level.
9 Section 2. Section 1001.215, Florida Statutes, is
10 created to read:
11 1001.215 Just Read, Florida! Office.--There is created
12 within the Department of Education the Just Read, Florida!
13 Office. The office shall:
14 (1) Train professionally certified teachers to become
15 certified reading coaches.
16 (2) Train K-12 teachers, school principals, and
17 parents on research-based strategies for reading instruction.
18 (3) Provide technical assistance to districts in the
19 development and implementation of, and annually review and
20 approve district plans for use of, the Research-based Reading
21 Instruction Allocation pursuant to s. 1011.62(9).
22 (4) Work with the Florida Center for Reading Research
23 created under s. 1004.64 to provide information on
24 research-based reading programs.
25 (5) Periodically review the Sunshine State Standards
26 for reading at all grade levels.
27 (6) Periodically review the teacher certification
28 examinations to ensure that they reflect proficiency in
29 research-based strategies for reading instruction.
30 (7) Work with teacher preparation programs approved
31 under s. 1004.04 to ensure the integration of research-based
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1 strategies for reading instruction into teacher preparation
2 programs.
3 (8) Administer grants and perform other functions
4 necessary to assist with meeting the goal that all students
5 are reading on grade level.
6 Section 3. Subsection (16) of section 1001.42, Florida
7 Statutes, is amended to read:
8 1001.42 Powers and duties of district school
9 board.--The district school board, acting as a board, shall
10 exercise all powers and perform all duties listed below:
11 (16) IMPLEMENT SCHOOL IMPROVEMENT AND
12 ACCOUNTABILITY.--Maintain a system of school improvement and
13 education accountability as provided by statute and State
14 Board of Education rule. This system of school improvement and
15 education accountability shall be consistent with, and
16 implemented through, the district's continuing system of
17 planning and budgeting required by this section and ss.
18 1008.385, 1010.01, and 1011.01. This system of school
19 improvement and education accountability shall include, but is
20 not limited to, the following:
21 (a) School improvement plans.--Annually approve and
22 require implementation of a new, amended, or continuation
23 school improvement plan for each school in the district,
24 except that a district school board may establish a district
25 school improvement plan that includes all schools in the
26 district operating for the purpose of providing educational
27 services to youth in Department of Juvenile Justice programs.
28 Such plan shall be designed to achieve the state education
29 priorities pursuant to s. 1000.03(5) and student performance
30 standards. In addition, any school required to implement a
31 rigorous reading requirement pursuant to s. 1003.415 must
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1 include such component in its school improvement plan. Each
2 plan shall also address issues relative to budget, training,
3 instructional materials, technology, staffing, student support
4 services, specific school safety and discipline strategies,
5 student health and fitness, including physical fitness,
6 parental information on student health and fitness, and indoor
7 environmental air quality, and other matters of resource
8 allocation, as determined by district school board policy, and
9 shall be based on an analysis of student achievement and other
10 school performance data.
11 (b) Improvement plan requirements.--Each district
12 school board's system of school improvement and student
13 progression must be designed to provide frequent and accurate
14 information to the teacher and student regarding each
15 student's progress toward mastering the Sunshine State
16 Standards. The system must demonstrate the alignment of the
17 Sunshine State Standards, instructional strategies,
18 assessment, and professional development. Each school's school
19 improvement plan must identify the strategies for monitoring
20 the progress of each student. The process used by each school
21 to monitor student progression must, at a minimum, contain the
22 following components that are aimed at increasing student
23 achievement:
24 1. Disaggregated student achievement data related to
25 student performance which are used to identify each individual
26 student's strengths and weaknesses and to determine the
27 effectiveness of the teaching and learning strategies that are
28 being used in the classroom;
29 2. The Sunshine State Standards instructional calendar
30 and timeline, using disaggregated student performance data to
31
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1 focus instruction on the Sunshine State Standards, manage
2 instructional time, and allocate resources;
3 3. Prioritized instructional focus to facilitate
4 explicit and systematic instruction using research-based
5 effective practices in the classroom;
6 4. Mini-assessments of targeted Sunshine State
7 Standards benchmarks to monitor students' progress and
8 generate data to redesign instruction, if needed;
9 5. Alternative in-school, tutorial, remediation, or
10 enrichment strategies for students which are based on each
11 student's individual academic needs as defined by the
12 mini-assessments; and
13 6. Systematic monitoring of each teacher's
14 implementation of the comprehensive program for student
15 progression as described in subparagraphs 1.-5.
16 (c)(b) Approval process.--Develop a process for
17 approval of a school improvement plan presented by an
18 individual school and its advisory council. In the event a
19 district school board does not approve a school improvement
20 plan after exhausting this process, the Department of
21 Education shall be notified of the need for assistance.
22 (d)(c) Assistance and intervention.--
23 1. Develop a 2-year plan of increasing individualized
24 assistance and intervention for each school in danger of not
25 meeting state standards or making adequate progress, as
26 defined pursuant to statute and State Board of Education rule,
27 toward meeting the goals and standards of its approved school
28 improvement plan.
29 2. Provide assistance and intervention to a school
30 that is identified as being in performance grade category "D"
31 pursuant to s. 1008.34 and is in danger of failing.
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1 3. Develop a plan to encourage teachers with
2 demonstrated mastery in improving student performance to
3 remain at or transfer to a school designated as performance
4 grade category "D" or "F" or to an alternative school that
5 serves disruptive or violent youths. If a classroom teacher,
6 as defined by s. 1012.01(2)(a), who meets the definition of
7 teaching mastery developed according to the provisions of this
8 paragraph, requests assignment to a school designated as
9 performance grade category "D" or "F" or to an alternative
10 school that serves disruptive or violent youths, the district
11 school board shall make every practical effort to grant the
12 request.
13 4. Prioritize, to the extent possible, the
14 expenditures of funds received from the supplemental academic
15 instruction categorical fund under s. 1011.62(1)(f) to improve
16 student performance in schools that receive a performance
17 grade category designation of "D" or "F."
18 (e)(d) After 2 years.--Notify the Commissioner of
19 Education and the State Board of Education in the event any
20 school does not make adequate progress toward meeting the
21 goals and standards of a school improvement plan by the end of
22 2 years of failing to make adequate progress and proceed
23 according to guidelines developed pursuant to statute and
24 State Board of Education rule. School districts shall provide
25 intervention and assistance to schools in danger of being
26 designated as performance grade category "F," failing to make
27 adequate progress.
28 (f)(e) Public disclosure.--Provide information
29 regarding performance of students and educational programs as
30 required pursuant to ss. 1008.22 and 1008.385 and implement a
31 system of school reports as required by statute and State
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1 Board of Education rule that shall include schools operating
2 for the purpose of providing educational services to youth in
3 Department of Juvenile Justice programs, and for those
4 schools, report on the elements specified in s. 1003.52(19).
5 Annual public disclosure reports shall be in an easy-to-read
6 report card format and shall include the school's student and
7 school performance grade category designation and performance
8 data as specified in state board rule.
9 (g)(f) School improvement funds.--Provide funds to
10 schools for developing and implementing school improvement
11 plans. Such funds shall include those funds appropriated for
12 the purpose of school improvement pursuant to s. 24.121(5)(c).
13 Section 4. Section 1002.385, Florida Statutes, is
14 created to read:
15 1002.385 The Reading Compact Scholarships
16 Program.--There is established the Reading Compact
17 Scholarships Program, a program designed to offer parents of
18 students who have not attained reading proficiency beyond
19 Level 1 an educational choice to further the students'
20 progress in reading.
21 (1) PURPOSE.--The purpose of the Reading Compact
22 Scholarships Program is to provide to each student who has
23 scored at Level 1 on the reading portion of the FCAT for 3
24 consecutive years the option to attend a public or private
25 school of choice.
26 (2) ELIGIBILITY.--The parent of a public school
27 student may request and receive from the state a Reading
28 Compact Scholarship for the student to enroll in and attend a
29 private school in accordance with this section if:
30 (a) The student has scored at Level 1 on the reading
31 portion of the FCAT for a period of 3 consecutive years.
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1 However, a student shall be recommended for screening and
2 evaluation, with parental consent, to determine the student's
3 eligibility for exceptional student services if the student:
4 1. Has scored at Level 1 on the reading portion of the
5 FCAT for two consecutive years; and
6 2. Has not previously been identified as an
7 exceptional student having a disability that interferes with
8 his or her academic progress in reading.
9 (b) The parent has obtained acceptance for admission
10 of the student to a private school eligible for the program
11 under subsection (8) and has requested from the Department of
12 Education a Reading Compact Scholarship at least 60 days
13 before the date of the first scholarship payment. The parental
14 request must be made through a direct communication to the
15 Department of Education in a manner that creates a written or
16 electronic record of the request and the date of receipt of
17 the request.
18 (3) PROHIBITIONS.--A student is ineligible to receive
19 a Reading Compact Scholarship if the student is:
20 (a) Enrolled in a school operating for the purpose of
21 providing educational services to youth in Department of
22 Juvenile Justice commitment programs.
23 (b) Receiving a scholarship from an eligible nonprofit
24 scholarship-funding organization under s. 220.187.
25 (c) Receiving an educational scholarship under chapter
26 1002.
27 (d) Participating in a home education program as
28 defined in s. 1002.01(1).
29 (e) Participating in a private tutoring program under
30 s. 1002.43.
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1 (f) Participating in a virtual school, correspondence
2 school, or distance learning program that receives state
3 funding pursuant to the student's participation.
4 (g) Not receiving regular and direct contact with his
5 or her private school teachers at the school's physical
6 location.
7 (4) TERM OF SCHOLARSHIP.--
8 (a) For purposes of continuity of educational choice,
9 a Reading Compact Scholarship shall remain in force until the
10 student returns to a public school or graduates from high
11 school.
12 (b) Upon reasonable notice to the Department of
13 Education and the school district, the student's parent may
14 remove the student from the private school and place the
15 student in a public school, as provided in subsection (5).
16 (c) Upon reasonable notice to the Department of
17 Education, the student's parent may move the student from one
18 participating private school to another participating private
19 school.
20 (5) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.--
21 (a)1. A school district shall notify the parent of
22 each eligible student of all options available under this
23 section and shall offer the parent an opportunity to enroll
24 the student in another public school within the district.
25 2. The parent need not accept the offer of enrolling
26 the student in another public school in lieu of requesting a
27 Reading Compact Scholarship to a private school. However, if
28 the parent chooses the public-school option, the student may
29 continue attending a public school chosen by the parent until
30 the student graduates from high school.
31
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1 3. If the parent chooses a public school consistent
2 with the district school board's choice plan under s. 1002.31,
3 the school district shall provide transportation to the public
4 school selected by the parent. The parent is responsible for
5 providing transportation to a public school that the parent
6 has chosen if the choice is not consistent with the district
7 school board's choice plan under s. 1002.31.
8 (b) If the parent chooses the private-school option
9 and the student is accepted by the private school, pending the
10 availability of a space for the student, the parent of the
11 student must notify the department 60 days before the first
12 scholarship payment and before entering the private school in
13 order to be eligible for the scholarship when a space becomes
14 available for the student in the private school.
15 (c) The parent of a student may choose, as an
16 alternative, to enroll the student in and transport the
17 student to a public school in an adjacent school district
18 which has available space, and that school district shall
19 accept the student and report the student for purposes of the
20 district's funding under the Florida Education Finance
21 Program.
22 (d) For a student in the district who participates in
23 the Reading Compact Scholarships Program and whose parent
24 requests that the student take the statewide assessments under
25 s. 1008.22, the district shall provide locations and times to
26 take all statewide assessments.
27 (6) DEPARTMENT OF EDUCATION; OBLIGATIONS.--The
28 Department of Education shall:
29 (a) Establish a toll-free hotline that provides
30 parents and private schools with information on participation
31 in the Reading Compact Scholarships Program.
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1 (b) Establish a procedure by which individuals may
2 notify the department of any violation by a parent, private
3 school, or school district of state laws relating to program
4 participation. The department shall refer or conduct an
5 investigation of any written complaint of a violation of this
6 section if the complaint is signed by the complainant and is
7 legally sufficient. A complaint is legally sufficient if it
8 contains ultimate facts that show that a violation of this
9 section or of any rule adopted by the State Board of Education
10 has occurred. In order to determine legal sufficiency, the
11 Department of Education may require supporting information or
12 documentation from the complainant. The Department of
13 Education may investigate anonymous complaints.
14 (c) Require an annual notarized sworn compliance
15 statement by participating private schools certifying
16 compliance with state laws and shall retain such records.
17 (d) Cross-check the list of participating scholarship
18 students with the public school enrollment lists and other
19 education scholarship program lists before the first
20 scholarship payment to avoid duplication.
21 (7) COMMISSIONER OF EDUCATION; AUTHORITY AND
22 OBLIGATIONS.--
23 (a) The Commissioner of Education shall deny, suspend,
24 or revoke a private school's participation in the scholarship
25 program if it is determined that the private school has failed
26 to comply with this section. However, if the noncompliance is
27 correctable within a reasonable amount of time and if the
28 health, safety, and welfare of the students is not threatened,
29 the commissioner may issue a notice of noncompliance which
30 provides the private school with a timeframe within which to
31 provide evidence of compliance before the commissioner takes
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1 action to suspend or revoke the private school's continued
2 participation in the scholarship program.
3 (b) The commissioner's determination is subject to the
4 following conditions:
5 1. If the commissioner intends to deny, suspend, or
6 revoke a private school's participation in the scholarship
7 program, the department shall notify the private school of
8 such proposed action in writing by certified and regular mail
9 to the private school's address of record with the Department
10 of Education. The notification must include the reasons for
11 the proposed action and notice of the timelines and procedures
12 set forth in this paragraph.
13 2. A private school that is adversely affected by the
14 proposed action has 15 days after its receipt of the notice of
15 proposed action to file with the agency clerk of the
16 Department of Education a request for a proceeding under ss.
17 120.569 and 120.57. If the private school is entitled to a
18 hearing under s. 120.57(1), the department shall forward the
19 request to the Division of Administrative Hearings.
20 3. Upon receipt of a request referred under this
21 subsection, the director of the Division of Administrative
22 Hearings shall expedite the hearing and assign an
23 administrative law judge who shall commence a hearing within
24 30 days after the receipt of the formal written protest by the
25 division and shall enter a recommended order within 30 days
26 after the hearing or within 30 days after receipt of the
27 hearing transcript, whichever is later. Each party has 10 days
28 in which to submit written exceptions to the recommended
29 order. The agency must enter a final order within 30 days
30 after the entry of a recommended order. The provisions of this
31 paragraph may be waived upon stipulation by all parties.
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1 (c) The commissioner shall immediately suspend payment
2 if it is determined that there is probable cause to believe
3 that there is:
4 1. An imminent threat to the health, safety, and
5 welfare of the students; or
6 2. Fraudulent activity on the part of the private
7 school.
8
9 The commissioner's order suspending payment under this
10 paragraph is subject to the same procedures and timelines as
11 the notice of proposed action set forth in paragraph (b).
12 (8) PRIVATE SCHOOLS; ELIGIBILITY AND OBLIGATIONS.--To
13 be eligible to participate in the Reading Compact Scholarships
14 Program, a private school may be sectarian or nonsectarian,
15 and must:
16 (a) Comply with all requirements for private schools
17 participating in state school choice programs under s.
18 1002.421.
19 (b) Provide to the department all documentation
20 required for the student's participation, including the
21 private school's and student's fee schedules, at least 30 days
22 before the first quarterly scholarship payment is made for the
23 student.
24 (c) Be academically accountable to the parent for
25 meeting the educational needs of the student by:
26 1. At a minimum, annually providing to the parent a
27 written explanation of the student's progress.
28 2. Cooperating with the scholarship student whose
29 parent chooses to participate in the statewide assessments
30 under s. 1008.32.
31 3. Demonstrating fiscal soundness and accountability.
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1
2 The inability of a private school to meet the requirements of
3 this subsection constitutes a basis for the ineligibility of
4 the private school to participate in the scholarship program
5 as determined by the department.
6 (9) OBLIGATIONS OF PARENTS AND STUDENTS.--A parent who
7 applies for a Reading Compact Scholarship is exercising his or
8 her parental option to place his or her child in a private
9 school.
10 (a) The parent must select the private school and
11 apply for the admission of his or her child.
12 (b) The parent must have requested the scholarship at
13 least 60 days before the date of the first scholarship
14 payment.
15 (c) Any student participating in the Reading Compact
16 Scholarships Program must remain in attendance throughout the
17 school year unless excused by the school for illness or other
18 good cause.
19 (d) The parent of each student participating in the
20 Reading Compact Scholarships Program must comply fully with
21 the private school's requirements for parental involvement
22 unless excused by the school for illness or other good cause.
23 (e) The parent shall ensure that the student
24 participating in the scholarship program takes the
25 norm-referenced assessment offered by the private school or
26 the statewide assessments required under s. 1008.22. The
27 parent may also choose to have the student participate in all
28 statewide assessments under s. 1008.22, and, if the parent
29 chooses such optional participation, he or she is responsible
30 for transporting the student to the assessment site designated
31 by the school district.
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1 (f) Upon receipt of a scholarship warrant, the parent
2 to whom the warrant is made must restrictively endorse the
3 warrant to the private school for deposit into the account of
4 the private school. The parent may not designate any entity or
5 individual associated with the participating private school as
6 the parent's attorney in fact to sign a scholarship warrant. A
7 participant who fails to comply with this paragraph forfeits
8 the scholarship.
9 (10) FUNDING AND PAYMENT.--
10 (a) The maximum amount of a Reading Compact
11 Scholarship granted to an eligible student shall be a
12 calculated amount equivalent to the base student allocation in
13 the Florida Education Finance Program multiplied by the
14 appropriate cost factor for the educational program that would
15 have been provided for the student in the district school to
16 which he or she was assigned, multiplied by the district cost
17 differential. In addition, the calculated amount shall include
18 the per-student share of instructional materials funds,
19 technology funds, and other categorical funds as provided for
20 this purpose in the General Appropriations Act.
21 (b) The amount of the Reading Compact Scholarship
22 shall be the calculated amount or the amount of the private
23 school's tuition and fees, whichever is less. Eligible fees
24 include textbook fees, lab fees, and other fees related to
25 instruction, including transportation fees.
26 (c) The school district shall report all students who
27 are attending a private school under this program. Students
28 who attend private schools on Reading Compact Scholarships
29 shall be reported separately from those students reported for
30 purposes of the Florida Education Finance Program.
31
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1 (d) A public or private school that provides services
2 to students with disabilities shall receive the weighted
3 funding for such services at the appropriate funding level
4 consistent with s. 1011.62(1)(e).
5 (e) For purposes of calculating the amount of a
6 Reading Compact Scholarship, a student is eligible for the
7 amount of the appropriate basic cost factor if:
8 1. The student currently participates in a Group I
9 program funded at the basic cost factor and is not
10 subsequently identified as having a disability; or
11 2. The student currently participates in a Group II
12 program, and the parent has chosen a private school that does
13 not provide the additional services funded by the Group II
14 program.
15 (f) Following notification on July 1, September 1,
16 December 1, or February 1 of the number of program
17 participants, the Department of Education shall transfer, from
18 general revenue funds only, the calculated amount from the
19 Florida Education Finance Program and authorized categorical
20 accounts to a separate account for the Reading Compact
21 Scholarships Program for quarterly disbursement to the parents
22 of participating students. When a student enters the
23 scholarship program, the Department of Education must receive
24 all documentation required for the student's participation,
25 including the private school's and student's fee schedules, at
26 least 30 days before the first quarterly scholarship payment
27 is made for the student.
28 (g) The Chief Financial Officer shall make Reading
29 Compact Scholarship payments in four equal amounts no later
30 than September 1, November 1, February 1, and April 1 of each
31 academic year in which the Reading Compact Scholarship is in
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1 force. The initial payment shall be made after the Department
2 of Education's verification of admission acceptance, and
3 subsequent payments shall be made upon verification of
4 continued enrollment and attendance at the private school.
5 Payment must be by individual warrant made payable to the
6 student's parent and mailed by the Department of Education to
7 the private school of the parent's choice, and the parent
8 shall restrictively endorse the warrant to the private school.
9 (h) Subsequent to each scholarship payment, the
10 Department of Financial Services shall randomly review
11 endorsed warrants to confirm compliance with endorsement
12 requirements. The Department of Financial Services shall
13 immediately report inconsistencies or irregularities to the
14 Department of Education.
15 (11) LIABILITY.--Liability on the part of the state
16 may not arise on the basis of the award or use of a Reading
17 Compact Scholarship.
18 (12) RULES.--The State Board of Education shall adopt
19 rules under ss. 120.536(1) and 120.54 to administer this
20 section. The rules must include penalties for noncompliance
21 with subsection (8) or subsection (9). However, the inclusion
22 of eligible private schools in the options available to public
23 school students in this state does not expand the regulatory
24 authority of the state, its officers, or any school district
25 to impose any additional regulations upon private schools
26 beyond those that are reasonably necessary to enforce
27 requirements expressly set forth in this section.
28 Section 5. Section 1002.421, Florida Statutes, is
29 created to read:
30 1002.421 Rights and obligations of private schools
31 participating in state school choice scholarship
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1 programs.--The requirements imposed under this section on
2 private schools that participate in state school choice
3 scholarship programs are in addition to the requirements for
4 private schools which are outlined in s. 1002.42, specific
5 requirements under laws relating to various scholarship
6 programs, and other laws of this state which apply to private
7 schools.
8 (1) A private school in this state which participates
9 in the Corporate Tax Credit Scholarship Program, as defined in
10 s. 220.187, or in an educational scholarship program
11 established under chapter 1002 must comply with all
12 requirements of this section.
13 (2) A private school participating in a scholarship
14 program in this state:
15 (a) Must be a Florida private school as defined in s.
16 1002.01(b).
17 (b) Must comply with all state laws pertaining to
18 private schools.
19 (c) Must be a registered Florida private school in
20 accordance with s. 1002.42.
21 (d) Must maintain a physical location in this state
22 where each scholarship student regularly attends classes.
23 (e) May not be a correspondence school or distance
24 learning school.
25 (f) May not direct or provide scholarship funds to a
26 parent of a scholarship student who receives instruction under
27 the program at home.
28 (g) May not be a home education program as defined in
29 s. 1002.01(1).
30 (h) May not be a private tutoring program as described
31 in s. 1002.43.
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1 (i) Must comply with the anti-discrimination
2 provisions of 42 U.S.C. s. 2000d.
3 (j) Must notify the department of its intent to
4 participate in a scholarship program.
5 (k) Must notify the department of any change in the
6 school's name, school director, mailing address, or physical
7 location within 15 days after the change occurs.
8 (l) Must complete student-enrollment and
9 attendance-verification requirements, including an on-line
10 attendance-verification form, before a scholarship payment is
11 made.
12 (m) Must annually complete and submit to the
13 department a notarized scholarship compliance statement
14 certifying compliance with state laws relating to the
15 participation of private schools in the scholarship program.
16 (n) Must demonstrate fiscal soundness and
17 accountability by:
18 1. Having been in operation for at least 3 school
19 years or obtaining a surety bond or letter of credit for the
20 amount equal to the scholarship funds for any quarter and
21 filing the surety bond or letter of credit with the
22 department.
23 2. Requiring the parent of each scholarship student to
24 personally restrictively endorse the scholarship warrant to
25 the school. The school may not act as the attorney in fact for
26 parents of a scholarship student under the authority of a
27 power of attorney executed by the parents, or under any other
28 authority, to endorse scholarship warrants on behalf of
29 parents.
30
31
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1 (o) Must meet applicable state and local laws, codes,
2 and rules relating to health, safety, and welfare, including
3 those relating to firesafety and building safety.
4 (p) Must employ or contract with teachers who hold
5 baccalaureate or higher degrees, have at least 3 years of
6 teaching experience in public or private schools, or have at
7 least a high school diploma and special skills, knowledge, or
8 expertise that qualifies them to provide instruction in the
9 subjects that are being taught.
10 (q) Annually administer or make provisions for
11 scholarship students to take one of the nationally
12 norm-referenced tests identified by the State Board of
13 Education under s. 1002.423. Students with disabilities for
14 whom standardized testing is not appropriate are exempt from
15 this requirement. However, a private school must require each
16 student with a disability, for whom standardized testing is
17 not appropriate, to participate at least annually in a student
18 assessment which, as determined by the private school in
19 consultation with the student's parent, will demonstrate the
20 student's skill level to the student's parent. A private
21 school must report a student's scores to the parent and to the
22 independent private research organization selected by the
23 Department of Education under s. 1002.423.
24 (r) Must ensure that each individual who has
25 unsupervised access to a scholarship student for whom the
26 private school is responsible, prior to employment, engagement
27 of services, or appointment, undergo background screening
28 under s. 435.04 by filing with the Department of Education a
29 complete set of fingerprints taken by an authorized law
30 enforcement agency or an employee of the private school who is
31 trained to take fingerprints. However, the complete set of
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1 fingerprints for an owner of an eligible private school must
2 be taken by an authorized law enforcement agency. These
3 fingerprints must be submitted to the Department of Law
4 Enforcement for state processing, which shall in turn submit
5 the fingerprints to the Federal Bureau of Investigation for
6 federal processing. The Department of Education shall screen
7 the background results and report to the private school any
8 person described in this paragraph who fails to meet level 2
9 screening standards under s. 435.04. Any individual described
10 in this paragraph who fails the level 2 background screening
11 under s. 435.04 may not have unsupervised access to a
12 scholarship student. For purposes of this paragraph:
13 1. The cost of the fingerprinting and the background
14 check shall not be borne by the state.
15 2. A private school that allows an individual to have
16 unsupervised access to a scholarship student who failed the
17 level 2 background screening under s. 435.04 is ineligible to
18 participate in the scholarship program.
19 3. An individual holding a valid teaching certificate
20 in this state who has been fingerprinted pursuant to s.
21 1012.32 need not comply with this paragraph.
22 (3) The inability of a private school to meet the
23 requirements of this section constitutes a basis for the
24 ineligibility of the private school to participate in a
25 scholarship program as determined by the department.
26 (4)(a) The State Board of Education shall adopt rules
27 under ss. 120.536(1) and 120.54 to administer this section.
28 (b) The inclusion of eligible private schools in the
29 options available to public school students in this state does
30 not expand the regulatory authority of the state, its
31 officers, or any school district to impose any additional
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1 regulations upon private schools beyond those reasonably
2 necessary to enforce requirements expressly set forth in this
3 section.
4 Section 6. Section 1002.423, Florida Statutes, is
5 created to read:
6 1002.423 Department of Education; obligations for
7 state school choice scholarship programs.--The requirements
8 imposed under this section apply to all state choice
9 scholarship programs, including the Corporate Tax Credit
10 Scholarship Program, as defined in s. 220.187, or an
11 educational scholarship program established under this
12 chapter.
13 (a) The Department of Education must identify all
14 nationally norm-referenced tests that are comparable to the
15 norm-referenced test portions of the Florida Comprehensive
16 Assessment Test (FCAT).
17 (b) The Department of Education must select an
18 independent private research organization to which each
19 participating private school must report the scores of
20 participating students on the nationally norm-referenced tests
21 administered by the private school. The independent private
22 research organization must annually report to the Department
23 of Education on the year-to-year improvements of the
24 participating students. The independent private research
25 organization must analyze and report student performance data
26 in a manner that protects the rights of students and parents
27 as mandated in the Family Educational Rights and Privacy Act
28 requirements of 20 U.S.C. s. 1232g and must not disaggregate
29 data to a level that will disclose the academic level of
30 students. To the maximum extent possible, the independent
31 private research organization must accumulate historical
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1 performance data for students from the Department of Education
2 and private schools to describe baseline performance and to
3 conduct longitudinal studies. To minimize costs and reduce the
4 time required for third-party analysis and evaluation, the
5 Department of Education shall conduct analyses of matched
6 students from public school assessment data and calculate
7 control group learning gains using an agreed-upon methodology
8 outlined in the contract with the third-party evaluator. The
9 sharing of student data must be in accordance with the Family
10 Educational Rights and Privacy Act requirements of 20 U.S.C.
11 s. 1232g and must be for the sole purpose of conducting the
12 evaluation. All parties must preserve the confidentiality of
13 such information as otherwise required under state and federal
14 law.
15 Section 7. Section 1003.035, Florida Statutes, is
16 created to read:
17 1003.035 Class size requirements.--
18 (1) Effective upon the passage of an amendment to s.
19 1, Art. IX of the State Constitution to create district
20 average maximum class sizes, beginning in the 2007-2008 school
21 year:
22 (a) The district average number of students assigned
23 to each teacher who is teaching core-curricula courses in
24 public school classrooms for prekindergarten through grade 3
25 may not exceed 18 students.
26 (b) The district average number of students assigned
27 to each teacher who is teaching core-curricula courses in
28 public school classrooms for grades 4 through 8 may not exceed
29 22 students.
30 (c) The district average number of students assigned
31 to each teacher who is teaching core-curricula courses in
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1 public school classrooms for grades 9 through 12 may not
2 exceed 25 students.
3 (2) The Department of Education shall annually
4 calculate each of the three average class size measures based
5 upon the October student membership survey.
6 Section 8. Subsection (3) of section 1003.05, Florida
7 Statutes, is amended to read:
8 1003.05 Assistance to transitioning students from
9 military families.--
10 (3) Dependent children of active duty military
11 personnel who otherwise meet the eligibility criteria for
12 special academic programs offered through public schools shall
13 be given first preference for admission to such programs even
14 if the program is being offered through a public school other
15 than the school to which the student would generally be
16 assigned and the school at which the program is being offered
17 has reached its maximum enrollment. If such a program is
18 offered through a public school other than the school to which
19 the student would generally be assigned, the parent or
20 guardian of the student must assume responsibility for
21 transporting the student to that school. For purposes of this
22 subsection, special academic programs include charter schools,
23 magnet schools, advanced studies programs, advanced placement,
24 dual enrollment, and International Baccalaureate.
25 Section 9. Section 1003.413, Florida Statutes, is
26 created to read:
27 1003.413 High school reform.--
28 (1) This section may be cited as the "High School
29 Reform Act."
30 (2) Beginning with the 2005-2006 school year, each
31 school district shall establish policies to assist high school
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1 students to remain in school, graduate on time, and be
2 prepared for postsecondary education and the workforce. The
3 policies must address:
4 (a) Intensive reading remediation for students in
5 grades 9 through 12 scoring below Level 3 on FCAT Reading.
6 (b) Credit recovery options and course scheduling
7 designed to allow high school students to earn credit for
8 failed courses so that they are able to graduate on time.
9 (c) Immediate and frequent notification to parents of
10 students who are in danger of not graduating from high school.
11 (d) Placement in alternative programs, such as
12 programs that emphasize applied integrated curricula, small
13 learning communities, support services, increased discipline,
14 or other strategies documented to improve student achievement.
15 (e) Summer reading institutes for rising ninth graders
16 scoring below Level 3 on FCAT Reading.
17
18 A student's participation in an instructional or remediation
19 program prior to or immediately following entering grade 9 for
20 the first time shall not affect that student's classification
21 as a first-time ninth grader for reporting purposes, including
22 calculation of graduation and dropout rates.
23 Section 10. High School Reform Task Force.--
24 (1) There is created the High School Reform Task
25 Force. The task force shall work in conjunction with the
26 Southern Regional Education Board and shall be
27 administratively supported by the office of the Chancellor for
28 K-12 Public Schools in the Department of Education and the
29 Just Read, Florida! Office. Appointments to the task force
30 shall be coordinated to ensure that the membership reflects
31 the geographic and cultural diversity of Florida's school age
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1 population. The task force shall be abolished upon submission
2 of its report.
3 (2)(a) The Commissioner of Education shall appoint
4 members of the task force from the following categories and
5 shall appoint the chair of the task force from its membership.
6 1. Two district school superintendents, one who is
7 from a large urban school district and one who is from a
8 small, rural school district.
9 2. One school board member who is from a medium size
10 school district.
11 3. Three public school principals, one from a large
12 high performing high school, one from a vocational technical
13 high school, and one from a lower performing high school.
14 4. Three public high school teachers, one who is an
15 experienced reading teacher, one who is from a school graded
16 "F," and one who is from a high performing school.
17 5. Three parents of public high school students who
18 represent the demographic, racial, and ethnic diversity of the
19 state.
20 6. Three public high school students who represent the
21 demographic, racial and ethnic diversity of the state.
22 7. One representative of the business community.
23 8. One administrator from a charter high school
24 serving students who are at risk of dropping out of school.
25 9. One expert on the subject of high school reform who
26 does not otherwise fall inside one of the enumerated
27 categories.
28 (b) The President of the Senate shall appoint one
29 member of the Senate to serve on the task force and the
30 Speaker of the House of Representatives shall appoint one
31
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1 member of the House of Representatives to serve on the task
2 force.
3 (3) Not later than January 1, 2006, the task force
4 shall vote on the final report incorporating recommendations
5 and a long-term plan for high school reform.
6 (4) Not later than February 1, 2006, the task force
7 shall recommend to the Governor, the President of the Senate,
8 and the Speaker of the House of Representatives a long-term
9 plan for revisions to statutes, rules, and policies that will
10 improve Florida's grade 9 retention rate, graduation rate,
11 dropout rate, and college remediation rate, and align high
12 school requirements with the needs of Florida's employers and
13 postsecondary educational institution requirements. The plan
14 must address, but is not limited to addressing: graduation
15 requirements; course redesign; remediation strategies; credit
16 recovery; use of alternative programs including programs
17 emphasizing applied integrated curricula, small learning
18 communities, support services, or increased discipline; the
19 use of technology; adjustments to the school grading system to
20 reflect learning gains by high school students; middle school
21 systemic alignment; transition from middle school to high
22 school; alignment with postsecondary and workforce education
23 requirements; and alignment with employer expectations.
24 Section 11. Subsection (6) of section 1003.415,
25 Florida Statutes, is repealed, and subsection (2), paragraph
26 (a) of subsection (5), and paragraph (a) of present subsection
27 (7) of that section are amended, to read:
28 1003.415 The Middle Grades Reform Act.--
29 (2) PURPOSE AND INTENT.--
30 (a) The purpose of this section is to provide added
31 focus and rigor to academics in the middle grades. Using
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1 reading as the foundation, all middle grade students should
2 receive rigorous academic instruction through challenging
3 curricula delivered by highly qualified teachers in schools
4 with outstanding leadership, which schools are supported by
5 engaged and informed parents.
6 (b) It is the intent of the Legislature that students
7 promoted from the eighth grade will be ready for success in
8 high school and that the mission of the middle grades is to
9 prepare students for the successful completion of rigorous
10 courses in high school.
11 (5) RIGOROUS READING REQUIREMENT.--
12 (a) Beginning with the 2004-2005 school year, Each
13 public school serving middle grade students, including charter
14 schools, with fewer than 75 percent of its students reading at
15 or above grade level in grade 6, grade 7, or grade 8 as
16 measured by a student scoring at Level 3 or above on the FCAT
17 during the prior school year, must incorporate by October 1 a
18 rigorous reading requirement for reading and language arts
19 programs as the primary component of its school improvement
20 plan. The department shall annually provide to each district
21 school board by June 30 a list of its schools that are
22 required to incorporate a rigorous reading requirement as the
23 primary component of the school's improvement plan. The
24 department shall provide technical assistance to school
25 districts and school administrators required to implement the
26 rigorous reading requirement.
27 (6) COMPREHENSIVE REFORM STUDY ON THE ACADEMIC
28 PERFORMANCE OF STUDENTS AND SCHOOLS.--
29 (a) The department shall conduct a study on how the
30 overall academic performance of middle grade students and
31 schools can be improved. The department must consult with the
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1 Florida Center for Reading Research at Florida State
2 University, the Just Read, Florida! Office, and key education
3 stakeholders, including district school board members,
4 district school superintendents, principals, parents,
5 teachers, district supervisors of curriculum, and students
6 across the state, in the development of its findings and
7 recommendations. The department shall review, at a minimum,
8 each of the following elements:
9 1. Academic expectations, which include, but are not
10 limited to:
11 a. Alignment of middle school expectations with
12 elementary and high school graduation requirements.
13 b. Best practices to improve reading and language arts
14 courses based on research-based programs for middle school
15 students in alignment with the Sunshine State Standards.
16 c. Strategies that focus on improving academic success
17 for low-performing students.
18 d. Rigor of curricula and courses.
19 e. Instructional materials.
20 f. Course enrollment by middle school students.
21 g. Student support services.
22 h. Measurement and reporting of student achievement.
23 2. Attendance policies and student mobility issues.
24 3. Teacher quality, which includes, but is not limited
25 to:
26 a. Preparedness of teachers to teach rigorous courses
27 to middle school students.
28 b. Teacher evaluations.
29 c. Substitute teachers.
30 d. Certification and recertification requirements.
31 e. Staff development requirements.
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1 f. Availability of effective staff development
2 training.
3 g. Teacher recruitment and vacancy issues.
4 h. Federal requirements for highly qualified teachers
5 pursuant to the No Child Left Behind Act of 2001.
6 4. Identification and availability of diagnostic
7 testing.
8 5. Availability of personnel and scheduling issues.
9 6. Middle school leadership and performance.
10 7. Parental and community involvement.
11 (b) By December 1, 2004, the Commissioner of Education
12 shall submit to the President of the Senate, the Speaker of
13 the House of Representatives, the chairs of the education
14 committees in the Senate and the House of Representatives, and
15 the State Board of Education recommendations to increase the
16 academic performance of middle grade students and schools.
17 (6)(7) PERSONALIZED MIDDLE SCHOOL SUCCESS PLAN.--
18 (a) Beginning with the 2004-2005 school year, Each
19 principal of a school with a middle grade shall designate
20 certified staff members at the school to develop and
21 administer a personalized middle school success plan for each
22 entering sixth grade student who scored below Level 3 in
23 reading on the most recently administered FCAT. The purpose of
24 the success plan is to assist the student in meeting state and
25 school district expectations in academic proficiency and to
26 prepare the student for a rigorous high school curriculum. The
27 success plan shall be developed in collaboration with the
28 student and his or her parent and must be implemented until
29 the student completes the eighth grade or achieves a score at
30 Level 3 or above in reading on the FCAT, whichever occurs
31 first. The success plan must minimize paperwork and may be
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1 incorporated into a parent/teacher conference, included as
2 part of a progress report or report card, included as part of
3 a general orientation at the beginning of the school year, or
4 provided by electronic mail or other written correspondence.
5 Section 12. Section 1003.4155, Florida Statutes, is
6 created to read:
7 1003.4155 Middle school grading system.--The grading
8 system and interpretation of letter grades used in grades 6
9 through 8 shall be as follows:
10 (1) Grade "A" equals 90 percent through 100 percent,
11 has a grade point average value of 4, and is defined as
12 "outstanding progress."
13 (2) Grade "B" equals 80 percent through 89 percent,
14 has a grade point average value of 3, and is defined as "above
15 average progress."
16 (3) Grade "C" equals 70 percent through 79 percent,
17 has a grade point average value of 2, and is defined as
18 "average progress."
19 (4) Grade "D" equals 60 percent through 69 percent,
20 has a grade point average value of 1, and is defined as
21 "lowest acceptable progress."
22 (5) Grade "F" equals zero percent through 59 percent,
23 has a grade point average value of zero, and is defined as
24 "failure."
25 (6) Grade "I" equals zero percent, has a grade point
26 average value of zero, and is defined as "incomplete."
27 Section 13. Section 1003.4156, Florida Statutes, is
28 created to read:
29 1003.4156 General requirements for middle school
30 promotion.--
31
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1 (1) Beginning with students entering grade 6 in the
2 2005-2006 school year, promotion from a middle school, grades
3 6 through 8, requires the successful completion of 12 academic
4 credits, including:
5 (a) Three middle school or higher credits in
6 English/language arts.
7 (b) Three middle school or higher credits in
8 mathematics.
9 (c) Three middle school or higher credits in social
10 studies.
11 (d) Three middle school or higher credits in science.
12
13 Other courses offered in middle school, including music, band,
14 physical education, and art, shall be considered electives.
15 (2) In addition to the credits required under
16 subsection (1), for each year a student scores at Level 1 or 2
17 on the reading portion of the FCAT, the student must be
18 enrolled the following year in a full-year intensive reading
19 course for which the student may earn up to three credits. The
20 intensive reading course must be based on frameworks developed
21 by the Florida Center for Reading Research, or a comparable
22 course as identified by the Department of Education, which
23 includes an emphasis on integration of core curriculum
24 standards and incorporation of informational and expository
25 text.
26 (3) In addition to the credits required under
27 subsection (1), for each year a student scores at Level 3 on
28 the reading portion of the FCAT, the student must be enrolled
29 the following year in a one-semester intensive reading course.
30 The reading course must be based on frameworks developed by
31 the Florida Center for Reading Research, or a comparable
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1 course as identified by the Department of Education, which
2 includes an emphasis on integration of core curriculum
3 standards and incorporation of informational and expository
4 text.
5 (4) One full credit must entail completing a minimum
6 of 135 hours of instruction in a designated course of study
7 which contains standards for student performance. For schools
8 authorized by the district school board to implement block
9 scheduling, one full credit must entail completing a minimum
10 of 120 hours of instruction in a designated course of study
11 which contains standards for student performance.
12 (5) District school boards shall establish policies to
13 allow alternative methods for students to earn the credits
14 required by this section. The alternative methods must
15 include, but are not limited to, opportunities for students
16 to:
17 (a) Recover credits;
18 (b) Be promoted on time to high school; and
19 (c) Be placed in programs that emphasize applied
20 integrated curricula, small learning communities, support
21 services, increased discipline, or other strategies documented
22 to improve student achievement.
23
24 The district's policy, or amendments to the policy, shall be
25 submitted to the State Board of Education for approval. If the
26 State Board of Education does not take action within 60 days
27 following receipt of the proposed policy, the policy shall
28 stand approved.
29 (6) The State Board of Education shall adopt rules
30 under ss. 120.536(1) and 120.54 to provide for alternative
31 middle school promotion standards for students in grade 6,
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1 grade 7, or grade 8 who are not enrolled in a school that has
2 a grade 6 through grade 8 middle school configuration.
3 Section 14. Section 1003.42, Florida Statutes, is
4 amended to read:
5 1003.42 Required instruction.--
6 (1) Each district school board shall provide all
7 courses required for high school graduation and appropriate
8 instruction designed to ensure that students meet State Board
9 of Education adopted standards in the following subject areas:
10 reading and other language arts, mathematics, science, social
11 studies, foreign languages, health and physical education, and
12 the arts.
13 (2) Members of the instructional staff of the public
14 schools, subject to the rules of the State Board of Education
15 and the district school board, shall teach efficiently and
16 faithfully, using the books and materials required that meet
17 the highest standards for professionalism and historic
18 accuracy, following the prescribed courses of study, and
19 employing approved methods of instruction, the following:
20 (a) The history and content of the Declaration of
21 Independence, including national sovereignty, natural law,
22 self-evident truth, equality of all persons, limited
23 government, popular sovereignty, and inalienable rights of
24 life, liberty, and property, and how they form it forms the
25 philosophical foundation of our government.
26 (b) The history, meaning, significance, and effect of
27 the provisions of the Constitution of the United States and
28 amendments thereto, with emphasis on each of the 10 amendments
29 that make up the Bill of Rights and how the constitution
30 provides the structure of our government.
31
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1 (c)(b) The arguments in support of adopting our
2 republican form of government, as they are embodied in the
3 most important of the Federalist Papers.
4 (c) The essentials of the United States Constitution
5 and how it provides the structure of our government.
6 (d) Flag education, including proper flag display and
7 flag salute.
8 (e) The elements of civil government, including the
9 primary functions of and interrelationships between the
10 Federal Government, the state, and its counties,
11 municipalities, school districts, and special districts.
12 (f) The history of the United States, including the
13 period of discovery, early colonies, the War for Independence,
14 the Civil War, the expansion of the United States to its
15 present boundaries, the world wars, and the civil rights
16 movement to the present. American history shall be viewed as
17 factual, not as constructed, shall be viewed as knowable,
18 teachable, and testable, and shall be defined as the creation
19 of a new nation based largely on the universal principles
20 stated in the Declaration of Independence.
21 (g)(f) The history of the Holocaust (1933-1945), the
22 systematic, planned annihilation of European Jews and other
23 groups by Nazi Germany, a watershed event in the history of
24 humanity, to be taught in a manner that leads to an
25 investigation of human behavior, an understanding of the
26 ramifications of prejudice, racism, and stereotyping, and an
27 examination of what it means to be a responsible and
28 respectful person, for the purposes of encouraging tolerance
29 of diversity in a pluralistic society and for nurturing and
30 protecting democratic values and institutions.
31
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1 (h)(g) The history of African Americans, including the
2 history of African peoples before the political conflicts that
3 led to the development of slavery, the passage to America, the
4 enslavement experience, abolition, and the contributions of
5 African Americans to society.
6 (i)(h) The elementary principles of agriculture.
7 (j)(i) The true effects of all alcoholic and
8 intoxicating liquors and beverages and narcotics upon the
9 human body and mind.
10 (k)(j) Kindness to animals.
11 (l)(k) The history of the state.
12 (m)(l) The conservation of natural resources.
13 (n)(m) Comprehensive health education that addresses
14 concepts of community health; consumer health; environmental
15 health; family life, including an awareness of the benefits of
16 sexual abstinence as the expected standard and the
17 consequences of teenage pregnancy; mental and emotional
18 health; injury prevention and safety; nutrition; personal
19 health; prevention and control of disease; and substance use
20 and abuse.
21 (o)(n) Such additional materials, subjects, courses,
22 or fields in such grades as are prescribed by law or by rules
23 of the State Board of Education and the district school board
24 in fulfilling the requirements of law.
25 (p)(o) The study of Hispanic contributions to the
26 United States.
27 (q)(p) The study of women's contributions to the
28 United States.
29 (r) The nature and importance of free enterprise to
30 the United States economy.
31
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1 (s)(q) A character-development program in the
2 elementary schools, similar to Character First or Character
3 Counts, which is secular in nature and stresses such character
4 qualities as attentiveness, patience, and initiative.
5 Beginning in school year 2004-2005, the character-development
6 program shall be required in kindergarten through grade 12.
7 Each district school board shall develop or adopt a curriculum
8 for the character-development program that shall be submitted
9 to the department for approval. The character-development
10 curriculum shall stress the qualities of patriotism;,
11 responsibility;, citizenship;, kindness;, respect for
12 authority, life, liberty, and personal property;, honesty;
13 charity;, self-control;, racial, ethnic, and religious
14 tolerance;, and cooperation.
15 (t)(r) In order to encourage patriotism, the
16 sacrifices that veterans have made in serving our country and
17 protecting democratic values worldwide. Such instruction must
18 occur on or before Veterans' Day and Memorial Day. Members of
19 the instructional staff are encouraged to use the assistance
20 of local veterans when practicable.
21
22 The State Board of Education is encouraged to adopt standards
23 and pursue assessment of the requirements of this subsection.
24 (3) Any student whose parent makes written request to
25 the school principal shall be exempted from the teaching of
26 reproductive health or any disease, including HIV/AIDS, its
27 symptoms, development, and treatment. A student so exempted
28 may not be penalized by reason of that exemption. Course
29 descriptions for comprehensive health education shall not
30 interfere with the local determination of appropriate
31 curriculum which reflects local values and concerns.
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1 Section 15. Effective for all students entering the
2 ninth grade in the 2005-2006 school year and thereafter, and
3 effective for all students beginning in the 2008-2009 school
4 year, section 1003.429, Florida Statutes, is repealed.
5 Section 16. Effective for all students entering the
6 ninth grade in the 2005-2006 school year and thereafter, and
7 effective for all students beginning in the 2008-2009 school
8 year, paragraph (a) of subsection (1) of section 1003.431,
9 Florida Statutes, is amended to read:
10 1003.431 Career education certification.--
11 (1) A student who fulfills the following requirements
12 shall be recognized with a career education certification on
13 his or her high school diploma:
14 (a) Completion of the requirements for high school
15 graduation as provided in s. 1003.429 or s. 1003.43 and the
16 additional requirements for a comprehensive career education
17 program of study as provided in subsection (2).
18 Section 17. Effective for all students entering the
19 ninth grade in the 2005-2006 school year and thereafter, and
20 effective for all students beginning in the 2008-2009 school
21 year, paragraph (a) of subsection (1) of section 1007.261,
22 Florida Statutes, is amended to read:
23 1007.261 State universities; admissions of
24 students.--Each university board of trustees is authorized to
25 adopt rules governing the admission of students, subject to
26 this section and rules of the State Board of Education.
27 (1) Minimum academic standards for undergraduate
28 admission to a university include:
29 (a) Each student must have received a high school
30 diploma pursuant to s. 1003.429 or s. 1003.43, or its
31
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1 equivalent, except as provided in s. 1007.271(2)-(5) or
2 completed a home education program according to s. 1002.41.
3 Section 18. Effective for all students entering the
4 ninth grade in the 2005-2006 school year and thereafter, and
5 effective for all students beginning in the 2008-2009 school
6 year, paragraph (a) of subsection (9) of section 1008.22,
7 Florida Statutes, is amended to read:
8 1008.22 Student assessment program for public
9 schools.--
10 (9) EQUIVALENCIES FOR STANDARDIZED TESTS.--
11 (a) The Commissioner of Education shall approve the
12 use of the SAT and ACT tests as alternative assessments to the
13 grade 10 FCAT for the 2003-2004 school year. Students who
14 attain scores on the SAT or ACT which equate to the passing
15 scores on the grade 10 FCAT for purposes of high school
16 graduation shall satisfy the assessment requirement for a
17 standard high school diploma as provided in s. 1003.429(6)(a)
18 or s. 1003.43(5)(a) for the 2003-2004 school year if the
19 students meet the requirement in paragraph (b).
20 Section 19. Effective for all students entering the
21 ninth grade in the 2005-2006 school year and thereafter, and
22 effective for all students beginning in the 2008-2009 school
23 year, paragraph (b) of subsection (1) of section 1009.531,
24 Florida Statutes, is amended to read:
25 1009.531 Florida Bright Futures Scholarship Program;
26 student eligibility requirements for initial awards.--
27 (1) To be eligible for an initial award from any of
28 the three types of scholarships under the Florida Bright
29 Futures Scholarship Program, a student must:
30
31
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1 (b) Earn a standard Florida high school diploma or its
2 equivalent as described in s. 1003.429, s. 1003.43, or s.
3 1003.435 unless:
4 1. The student is enrolled full time in the early
5 admission program of an eligible postsecondary education
6 institution or completes a home education program according to
7 s. 1002.41; or
8 2. The student earns a high school diploma from a
9 non-Florida school while living with a parent or guardian who
10 is on military or public service assignment away from Florida.
11 Section 20. Subsection (15) of section 1003.52,
12 Florida Statutes, is amended to read:
13 1003.52 Educational services in Department of Juvenile
14 Justice programs.--
15 (15)(a) The Department of Education shall, for
16 students in juvenile justice education programs, develop
17 procedures to accurately report student academic performance
18 data and the assessment participation rates that are used to
19 determine adequate yearly progress under Pub. L. No. 107-110.
20 The procedures must include an opportunity for validation of
21 the data by schools that provide educational services to
22 students in programs of the Department of Juvenile Justice.
23 (b) The Department of Education in consultation with
24 the Department of Juvenile Justice, district school boards,
25 and providers shall establish objective and measurable quality
26 assurance standards for the educational component of
27 residential and nonresidential juvenile justice facilities.
28 These standards shall rate the district school board's
29 performance both as a provider and contractor. The quality
30 assurance rating for the educational component shall be
31
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1 disaggregated from the overall quality assurance score and
2 reported separately.
3 (c)(b) The Department of Education shall develop a
4 comprehensive quality assurance review process and schedule
5 for the evaluation of the educational component in juvenile
6 justice programs. The Department of Juvenile Justice quality
7 assurance site visit and the education quality assurance site
8 visit shall be conducted during the same visit.
9 (d)(c) The Department of Education, in consultation
10 with district school boards and providers, shall establish
11 minimum thresholds for the standards and key indicators for
12 educational programs in juvenile justice facilities. If a
13 district school board fails to meet the established minimum
14 standards, it will be given 6 months to achieve compliance
15 with the standards. If after 6 months, the district school
16 board's performance is still below minimum standards, the
17 Department of Education shall exercise sanctions as prescribed
18 by rules adopted by the State Board of Education. If a
19 provider, under contract with the district school board, fails
20 to meet minimum standards, such failure shall cause the
21 district school board to cancel the provider's contract unless
22 the provider achieves compliance within 6 months or unless
23 there are documented extenuating circumstances.
24 Section 21. Section 1003.57, Florida Statutes, is
25 amended to read:
26 1003.57 Exceptional students instruction.--
27 (1) Each district school board shall provide for an
28 appropriate program of special instruction, facilities, and
29 services for exceptional students as prescribed by the State
30 Board of Education as acceptable, including provisions that:
31
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1 (a)(1) The district school board provide the necessary
2 professional services for diagnosis and evaluation of
3 exceptional students.
4 (b)(2) The district school board provide the special
5 instruction, classes, and services, either within the district
6 school system, in cooperation with other district school
7 systems, or through contractual arrangements with approved
8 private schools or community facilities that meet standards
9 established by the commissioner.
10 (c)(3) The district school board annually provide
11 information describing the Florida School for the Deaf and the
12 Blind and all other programs and methods of instruction
13 available to the parent of a sensory-impaired student.
14 (d)(4) The district school board, once every 3 years,
15 submit to the department its proposed procedures for the
16 provision of special instruction and services for exceptional
17 students.
18 (e)(5) A No student may not be given special
19 instruction or services as an exceptional student until after
20 he or she has been properly evaluated, classified, and placed
21 in the manner prescribed by rules of the State Board of
22 Education. The parent of an exceptional student evaluated and
23 placed or denied placement in a program of special education
24 shall be notified of each such evaluation and placement or
25 denial. Such notice shall contain a statement informing the
26 parent that he or she is entitled to a due process hearing on
27 the identification, evaluation, and placement, or lack
28 thereof. Such hearings shall be exempt from the provisions of
29 ss. 120.569, 120.57, and 286.011, except to the extent that
30 the State Board of Education adopts rules establishing other
31 procedures and any records created as a result of such
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1 hearings shall be confidential and exempt from the provisions
2 of s. 119.07(1). The hearing must be conducted by an
3 administrative law judge from the Division of Administrative
4 Hearings of the Department of Management Services. The
5 decision of the administrative law judge shall be final,
6 except that any party aggrieved by the finding and decision
7 rendered by the administrative law judge shall have the right
8 to bring a civil action in the circuit court. In such an
9 action, the court shall receive the records of the
10 administrative hearing and shall hear additional evidence at
11 the request of either party. In the alternative, any party
12 aggrieved by the finding and decision rendered by the
13 administrative law judge shall have the right to request an
14 impartial review of the administrative law judge's order by
15 the district court of appeal as provided by s. 120.68.
16 Notwithstanding any law to the contrary, during the pendency
17 of any proceeding conducted pursuant to this section, unless
18 the district school board and the parents otherwise agree, the
19 student shall remain in his or her then-current educational
20 assignment or, if applying for initial admission to a public
21 school, shall be assigned, with the consent of the parents, in
22 the public school program until all such proceedings have been
23 completed.
24 (f)(6) In providing for the education of exceptional
25 students, the district school superintendent, principals, and
26 teachers shall utilize the regular school facilities and adapt
27 them to the needs of exceptional students to the maximum
28 extent appropriate. Segregation of exceptional students shall
29 occur only if the nature or severity of the exceptionality is
30 such that education in regular classes with the use of
31
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1 supplementary aids and services cannot be achieved
2 satisfactorily.
3 (g)(7) In addition to the services agreed to in a
4 student's individual education plan, the district school
5 superintendent shall fully inform the parent of a student
6 having a physical or developmental disability of all available
7 services that are appropriate for the student's disability.
8 The superintendent shall provide the student's parent with a
9 summary of the student's rights.
10 (2)(a) An exceptional student with a disability who
11 resides in a residential facility and receives special
12 instruction or services is considered a resident of the state
13 in which the student's parent or guardian is a resident. The
14 cost of such instruction, facilities, and services for a
15 nonresident student with a disability shall be provided by the
16 placing authority in the student's state of residence, such as
17 a public school entity, other placing authority, or parent. A
18 nonresident student with a disability may not be reported by
19 any school district for FTE funding in the Florida Education
20 Finance Program.
21 (b) The Department of Education shall provide to each
22 school district a statement of the specific limitations of the
23 district's financial obligation for exceptional students with
24 disabilities under federal and state law. The department shall
25 also provide to each school district technical assistance as
26 necessary for developing a local plan to impose on a student's
27 home state the fiscal responsibility for educating a
28 nonresident exceptional student with a disability.
29 (c) The Department of Education shall develop a
30 process by which a school district must, before providing
31 services to an exceptional student with a disability who
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1 resides in a residential facility in this state, review the
2 residency of the student. The residential facility, not the
3 district, is responsible for billing and collecting from a
4 nonresidential student's home state payment for the student's
5 educational and related services.
6 (d) This subsection applies to any nonresident student
7 with a disability who resides in a residential facility and
8 who receives instruction as an exceptional student with a
9 disability in any type of residential facility in this state,
10 including, but not limited to, a private school, a group home
11 facility as defined in s. 393.063, an intensive residential
12 treatment program for children and adolescents as defined in
13 s. 395.002, a facility as defined in s. 394.455, an
14 intermediate care facility for the developmentally disabled or
15 ICF/DD as defined in s. 393.063 or s. 400.960, or a community
16 residential home as defined in s. 419.001.
17 Section 22. Section 1003.575, Florida Statutes, is
18 created to read:
19 1003.575 Individual education plans for exceptional
20 students.--The Department of Education shall devise an
21 individual education plan (IEP) form for use in developing and
22 implementing individual education plans for exceptional
23 students. The IEP form must have a streamlined format; and, to
24 provide for the use of an existing IEP form when a student
25 transfers from one school district to another, the IEP form
26 developed by the department shall be used in each school
27 district in the state.
28 Section 23. Section 1003.58, Florida Statutes, is
29 amended to read:
30 1003.58 Students in residential care facilities.--Each
31 district school board shall provide educational programs
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1 according to rules of the State Board of Education to students
2 who reside in residential care facilities operated by the
3 Department of Children and Family Services.
4 (1) The district school board shall not be charged any
5 rent, maintenance, utilities, or overhead on such facilities.
6 Maintenance, repairs, and remodeling of existing facilities
7 shall be provided by the Department of Children and Family
8 Services.
9 (2) If additional facilities are required, the
10 district school board and the Department of Children and
11 Family Services shall agree on the appropriate site based on
12 the instructional needs of the students. When the most
13 appropriate site for instruction is on district school board
14 property, a special capital outlay request shall be made by
15 the commissioner in accordance with s. 1013.60. When the most
16 appropriate site is on state property, state capital outlay
17 funds shall be requested by the Department of Children and
18 Family Services as provided by s. 216.043 and shall be
19 submitted as specified by s. 216.023. Any instructional
20 facility to be built on state property shall have educational
21 specifications jointly developed by the school district and
22 the Department of Children and Family Services and approved by
23 the Department of Education. The size of space and occupant
24 design capacity criteria as provided by state board rules
25 shall be used for remodeling or new construction whether
26 facilities are provided on state property or district school
27 board property. The planning of such additional facilities
28 shall incorporate current Department of Children and Family
29 Services deinstitutionalization plans.
30 (3) The district school board shall have full and
31 complete authority in the matter of the assignment and
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1 placement of such students in educational programs. The parent
2 of an exceptional student shall have the same due process
3 rights as are provided under s. 1003.57(1)(e) s. 1003.57(5).
4 (4) The district school board shall have a written
5 agreement with the Department of Children and Family Services
6 outlining the respective duties and responsibilities of each
7 party.
8
9 Notwithstanding the provisions herein, the educational program
10 at the Marianna Sunland Center in Jackson County shall be
11 operated by the Department of Education, either directly or
12 through grants or contractual agreements with other public or
13 duly accredited educational agencies approved by the
14 Department of Education.
15 Section 24. Present subsection (13) of section
16 1004.04, Florida Statutes, is redesignated as subsection (14),
17 and a new subsection (13) is added to that section, to read:
18 1004.04 Public accountability and state approval for
19 teacher preparation programs.--
20 (13) RESEARCH.--The Council for Education Policy
21 Research and Improvement shall review and report on the
22 effectiveness of the graduates of state-approved teacher
23 preparation programs and state-approved alternative
24 certification programs as demonstrated by the progress of
25 their students on statewide assessments.
26 Section 25. Section 1004.64, Florida Statutes, is
27 created to read:
28 1004.64 Florida Center for Reading Research.--There is
29 created, as a joint project between the College of Arts and
30 Sciences and the Learning Systems Institute (LSI) at the
31 Florida State University, the Florida Center for Reading
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1 Research (FCRR). The center is administratively housed within
2 the LSI and shall:
3 (1) Provide technical assistance and support to all
4 school districts and schools in this state in the
5 implementation of evidence-based literacy instruction,
6 assessments, and programs.
7 (2) Conduct applied research that will have an
8 immediate impact on policy and practices related to literacy
9 instruction and assessment in this state.
10 (3) Conduct basic research on reading, reading growth,
11 reading assessment, and reading instruction which will
12 contribute to scientific knowledge about reading.
13 (4) Develop frameworks for comprehensive reading
14 intervention courses for possible use in middle schools and
15 secondary schools.
16 (5) Disseminate information about research-based
17 practices related to literacy instruction, assessment, and
18 programs for students in preschool through grade 12.
19 (6) Collect, manage, and report on assessment
20 information from screening, progress monitoring, and outcome
21 assessments through the Florida Progress Monitoring and
22 Reporting Network. The network is a statewide resource that is
23 operated to provide valid and timely reading assessment data
24 for parents, teachers, principals, and district-level and
25 state-level staff in the management of instruction at the
26 individual, classroom, and school levels.
27 Section 26. Section 1008.22, Florida Statutes, is
28 amended to read:
29 1008.22 Student assessment program for public
30 schools.--
31
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1 (1) PURPOSE.--The primary purposes of the student
2 assessment program are to provide information needed to
3 improve the public schools by enhancing the learning gains of
4 all students and to inform parents of the educational progress
5 of their public school children. The program must be designed
6 to:
7 (a) Assess the annual learning gains of each student
8 toward achieving the Sunshine State Standards appropriate for
9 the student's grade level.
10 (b) Provide data for making decisions regarding school
11 accountability and recognition.
12 (c) Identify the educational strengths and needs of
13 students and the readiness of students to be promoted to the
14 next grade level or to graduate from high school with a
15 standard high school diploma.
16 (d) Assess how well educational goals and performance
17 standards are met at the school, district, and state levels.
18 (e) Provide information to aid in the evaluation and
19 development of educational programs and policies.
20 (f) Provide information on the performance of Florida
21 students in this state compared with other students others
22 across the United States.
23 (2) INTENT.--
24 (a) It is the intent of the Legislature that the
25 Department of Education pursue innovations in technology and
26 assessment to allow the Florida Comprehensive Assessment Test
27 (FCAT) to be administered as late as possible in the school
28 year with scores received before the end of the school year.
29 The department shall pursue such innovations to the extent
30 funded by the Legislature. Annually, the Commissioner of
31 Education shall report to the Governor, the President of the
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1 Senate, and the Speaker of the House of Representatives on the
2 state of the art in large-scale on-line assessment
3 capabilities of the industry and of the capacity of the public
4 schools in this state to implement a statewide program.
5 (b) It is the further intent of the Legislature that
6 the Department of Education make accessible to the public
7 copies of actual scored FCAT test items when sufficient items
8 are available through the test-item databank to ensure the
9 security and validity of the test. The department shall
10 provide such FCAT test items to the extent that sufficient
11 items are funded by the Legislature. However, this paragraph
12 does not apply to those provisions of the FCAT to which the
13 department does not hold the copyright.
14 (3)(2) NATIONAL EDUCATION COMPARISONS.--It is
15 Florida's intent to participate in the measurement of national
16 educational goals. The Commissioner of Education shall direct
17 Florida school districts to participate in the administration
18 of the National Assessment of Educational Progress, or a
19 similar national assessment program, both for the national
20 sample and for any state-by-state comparison programs which
21 may be initiated. Such assessments must be conducted using the
22 data collection procedures, the student surveys, the educator
23 surveys, and other instruments included in the National
24 Assessment of Educational Progress or similar program being
25 administered in Florida. The results of these assessments
26 shall be included in the annual report of the Commissioner of
27 Education specified in this section. The administration of the
28 National Assessment of Educational Progress or similar program
29 shall be in addition to and separate from the administration
30 of the statewide assessment program.
31
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1 (4)(3) STATEWIDE ASSESSMENT PROGRAM.--The commissioner
2 shall design and implement a statewide program of educational
3 assessment that provides information for the improvement of
4 the operation and management of the public schools, including
5 schools operating for the purpose of providing educational
6 services to youth in Department of Juvenile Justice programs.
7 The commissioner may enter into contracts for the continued
8 administration of the assessment, testing, and evaluation
9 programs authorized and funded by the Legislature. Contracts
10 may be initiated in 1 fiscal year and continue into the next
11 and may be paid from the appropriations of either or both
12 fiscal years. The commissioner is authorized to negotiate for
13 the sale or lease of tests, scoring protocols, test scoring
14 services, and related materials developed pursuant to law.
15 Pursuant to the statewide assessment program, the commissioner
16 shall:
17 (a) Submit to the State Board of Education a list that
18 specifies student skills and competencies to which the goals
19 for education specified in the state plan apply, including,
20 but not limited to, reading, writing, science, and
21 mathematics. The skills and competencies must include
22 problem-solving and higher-order skills as appropriate and
23 shall be known as the Sunshine State Standards as defined in
24 s. 1000.21. The commissioner shall select such skills and
25 competencies after receiving recommendations from educators,
26 citizens, and members of the business community. The
27 commissioner shall submit to the State Board of Education
28 revisions to the list of student skills and competencies in
29 order to maintain continuous progress toward improvements in
30 student proficiency.
31
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1 (b) Develop and implement a uniform system of
2 indicators to describe the performance of public school
3 students and the characteristics of the public school
4 districts and the public schools. These indicators must
5 include, without limitation, information gathered by the
6 comprehensive management information system created pursuant
7 to s. 1008.385 and student achievement information obtained
8 pursuant to this section.
9 (c) Develop and implement a student achievement
10 testing program known as the Florida Comprehensive Assessment
11 Test (FCAT) as part of the statewide assessment program, to be
12 administered annually in grades 3 through 10 to measure
13 reading, writing, science, and mathematics. Other content
14 areas may be included as directed by the commissioner. The
15 assessment of reading and math shall be administered annually
16 in grades 3 through 10. The assessment of writing and science
17 shall be administered at least once at the elementary school
18 level, at least once at the middle school level, and at least
19 once at the high school level. The testing program must be
20 designed so that:
21 1. The tests measure student skills and competencies
22 adopted by the State Board of Education as specified in
23 paragraph (a). The tests must measure and report student
24 proficiency levels in reading, writing, mathematics, and
25 science. The commissioner shall provide for the tests to be
26 developed or obtained, as appropriate, through contracts and
27 project agreements with private vendors, public vendors,
28 public agencies, postsecondary educational institutions, or
29 school districts. The commissioner shall obtain input with
30 respect to the design and implementation of the testing
31 program from state educators and the public.
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1 2. The testing program will include a combination of
2 norm-referenced and criterion-referenced tests and include, to
3 the extent determined by the commissioner, questions that
4 require the student to produce information or perform tasks in
5 such a way that the skills and competencies he or she uses can
6 be measured.
7 3. Each testing program, whether at the elementary,
8 middle, or high school level, includes a test of writing in
9 which students are required to produce writings that are then
10 scored by appropriate methods.
11 4. A score is designated for each subject area tested,
12 below which score a student's performance is deemed
13 inadequate. The school districts shall provide appropriate
14 remedial instruction to students who score below these levels.
15 5. Except as provided in s. 1003.43(11)(b), students
16 must earn a passing score on the grade 10 assessment test
17 described in this paragraph or on an alternate assessment as
18 described in subsection (9) in reading, writing, and
19 mathematics to qualify for a regular high school diploma. The
20 State Board of Education shall designate a passing score for
21 each part of the grade 10 assessment test. In establishing
22 passing scores, the state board shall consider any possible
23 negative impact of the test on minority students. All students
24 who took the grade 10 FCAT during the 2000-2001 school year
25 shall be required to earn the passing scores in reading and
26 mathematics established by the State Board of Education for
27 the March 2001 test administration. Such students who did not
28 earn the established passing scores and must repeat the grade
29 10 FCAT are required to earn the passing scores established
30 for the March 2001 test administration. All students who take
31 the grade 10 FCAT for the first time in March 2002 shall be
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1 required to earn the passing scores in reading and mathematics
2 established by the State Board of Education for the March 2002
3 test administration. The State Board of Education shall adopt
4 rules that which specify the passing scores for the grade 10
5 FCAT. Any such rules, which have the effect of raising the
6 required passing scores, shall only apply only to students
7 taking the grade 10 FCAT for the first time after such rules
8 are adopted by the State Board of Education.
9 6. Participation in the testing program is mandatory
10 for all students attending public school, including students
11 served in Department of Juvenile Justice programs, except as
12 otherwise prescribed by the commissioner. If a student does
13 not participate in the statewide assessment, the district must
14 notify the student's parent and provide the parent with
15 information regarding the implications of such
16 nonparticipation. If modifications are made in the student's
17 instruction to provide accommodations that would not be
18 permitted on the statewide assessment tests, the district must
19 notify the student's parent of the implications of such
20 instructional modifications. A parent must provide signed
21 consent for a student to receive instructional modifications
22 that would not be permitted on the statewide assessments and
23 must acknowledge in writing that he or she understands the
24 implications of such accommodations. The State Board of
25 Education shall adopt rules, based upon recommendations of the
26 commissioner, for the provision of test accommodations and
27 modifications of procedures as necessary for students in
28 exceptional education programs and for students who have
29 limited English proficiency. Accommodations that negate the
30 validity of a statewide assessment are not allowable.
31
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1 7. A student seeking an adult high school diploma must
2 meet the same testing requirements that a regular high school
3 student must meet.
4 8. District school boards must provide instruction to
5 prepare students to demonstrate proficiency in the skills and
6 competencies necessary for successful grade-to-grade
7 progression and high school graduation. If a student is
8 provided with accommodations or modifications that are not
9 allowable in the statewide assessment program, as described in
10 the test manuals, the district must inform the parent in
11 writing and must provide the parent with information regarding
12 the impact on the student's ability to meet expected
13 proficiency levels in reading, writing, and math. The
14 commissioner shall conduct studies as necessary to verify that
15 the required skills and competencies are part of the district
16 instructional programs.
17 9. The Department of Education must develop, or
18 select, and implement a common battery of assessment tools
19 that will be used in all juvenile justice programs in the
20 state. These tools must accurately measure the skills and
21 competencies established in the Florida Sunshine State
22 Standards.
23
24 The commissioner may design and implement student testing
25 programs, for any grade level and subject area, necessary to
26 effectively monitor educational achievement in the state.
27 (d) Conduct ongoing research to develop improved
28 methods of assessing student performance, including, without
29 limitation, the use of technology to administer tests, score,
30 or report the results of, the use of electronic transfer of
31
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1 data, the development of work-product assessments, and the
2 development of process assessments.
3 (e) Conduct ongoing research into and analysis of
4 student achievement data, including, without limitation,
5 monitoring trends in student achievement by grade level and
6 overall student achievement, identifying school programs that
7 are successful, and analyzing correlates of school
8 achievement.
9 (f) Provide technical assistance to school districts
10 in the implementation of state and district testing programs
11 and the use of the data produced pursuant to such programs.
12 (5)(4) DISTRICT TESTING PROGRAMS.--Each district
13 school board shall periodically assess student performance and
14 achievement within each school of the district. The assessment
15 programs must be based upon local goals and objectives that
16 are compatible with the state plan for education and that
17 supplement the skills and competencies adopted by the State
18 Board of Education. All school districts must participate in
19 the statewide assessment program designed to measure annual
20 student learning and school performance. All district school
21 boards shall report assessment results as required by the
22 state management information system.
23 (6)(5) SCHOOL TESTING PROGRAMS.--Each public school
24 shall participate in the statewide assessment program, unless
25 specifically exempted by state board rule based on serving a
26 specialized population for which standardized testing is not
27 appropriate. Student performance data shall be analyzed and
28 reported to parents, the community, and the state. Student
29 performance data shall be used in developing objectives of the
30 school improvement plan, evaluation of instructional
31 personnel, evaluation of administrative personnel, assignment
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1 of staff, allocation of resources, acquisition of
2 instructional materials and technology, performance-based
3 budgeting, and promotion and assignment of students into
4 educational programs. The analysis of student performance data
5 also must identify strengths and needs in the educational
6 program and trends over time. The analysis must be used in
7 conjunction with the budgetary planning processes developed
8 pursuant to s. 1008.385 and the development of the programs of
9 remediation.
10 (7)(6) REQUIRED ANALYSES.--The commissioner shall
11 provide, at a minimum, for the following analyses of data
12 produced by the student achievement testing program:
13 (a) The statistical system for the annual assessments
14 shall use measures of student learning, such as the FCAT, to
15 determine teacher, school, and school district statistical
16 distributions, which shall be determined using available data
17 from the FCAT, and other data collection as deemed appropriate
18 by the Department of Education, to measure the differences in
19 student prior year achievement compared to the current year
20 achievement for the purposes of accountability and
21 recognition.
22 (b) The statistical system shall provide the best
23 estimates of teacher, school, and school district effects on
24 student progress. The approach used by the department shall be
25 approved by the commissioner before implementation.
26 (c) The annual testing program shall be administered
27 to provide for valid statewide comparisons of learning gains
28 to be made for purposes of accountability and recognition. The
29 commissioner shall establish a schedule for the administration
30 of the statewide assessments. In establishing such schedule,
31 the commissioner is charged with the duty to accomplish the
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1 latest possible administration of the statewide assessments
2 and the earliest possible provision of the results to the
3 school districts feasible within available technology and
4 specific appropriation. District school boards shall not
5 establish school calendars that jeopardize or limit the valid
6 testing and comparison of student learning gains.
7 (8)(7) LOCAL ASSESSMENTS.--Measurement of the learning
8 gains of students in all subjects and grade levels other than
9 subjects and grade levels required for the state student
10 achievement testing program is the responsibility of the
11 school districts.
12 (9)(8) APPLICABILITY OF TESTING STANDARDS.--A student
13 must meet the testing requirements for high school graduation
14 that were in effect at the time the student entered 9th grade,
15 provided the student's enrollment was continuous.
16 (10)(9) EQUIVALENCIES FOR STANDARDIZED TESTS.--
17 (a) The Commissioner of Education shall approve the
18 use of the SAT and ACT tests as alternative assessments to the
19 grade 10 FCAT for the 2003-2004 school year. Students who
20 attain scores on the SAT or ACT which equate to the passing
21 scores on the grade 10 FCAT for purposes of high school
22 graduation shall satisfy the assessment requirement for a
23 standard high school diploma as provided in s. 1003.429(6)(a)
24 or s. 1003.43(5)(a) for the 2003-2004 school year if the
25 students meet the requirement in paragraph (b).
26 (b) A student shall be required to take the grade 10
27 FCAT a total of three times without earning a passing score in
28 order to use the scores on an alternative assessment pursuant
29 to paragraph (a). This requirement shall not apply to a
30 student who is a new student to the public school system in
31 grade 12.
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1 (11)(10) RULES.--The State Board of Education shall
2 adopt rules under pursuant to ss. 120.536(1) and 120.54 to
3 implement the provisions of this section.
4 Section 27. Subsection (8) of section 1008.25, Florida
5 Statutes, is amended, and subsection (11) is added to that
6 section, to read:
7 1008.25 Public school student progression; remedial
8 instruction; reporting requirements.--
9 (8) ANNUAL REPORT.--
10 (a) In addition to the requirements in paragraph
11 (5)(b), each district school board must annually report to the
12 parent of each student the progress of the student toward
13 achieving state and district expectations for proficiency in
14 reading, writing, science, and mathematics. The district
15 school board must report to the parent the student's results
16 on each statewide assessment test. The evaluation of each
17 student's progress must be based upon the student's classroom
18 work, observations, tests, district and state assessments, and
19 other relevant information. Progress reporting must be
20 provided to the parent in writing in a format adopted by the
21 district school board.
22 (b) Beginning with the 2001-2002 school year, Each
23 district school board must annually publish in the local
24 newspaper, and report in writing to the State Board of
25 Education by September 1 of each year, the following
26 information on the prior school year:
27 1. The provisions of this section relating to public
28 school student progression and the district school board's
29 policies and procedures on student retention and promotion.
30
31
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1 2. By grade, the number and percentage of all students
2 in grades 3 through 10 performing at Levels 1 and 2 on the
3 reading portion of the FCAT.
4 3. By grade, the number and percentage of all students
5 retained in grades 3 through 10.
6 4. Information on the total number of students who
7 were promoted for good cause, by each category of good cause
8 as specified in paragraph (6)(b).
9 5. Any revisions to the district school board's policy
10 on student retention and promotion from the prior year.
11 (c) The Department of Education shall establish a
12 uniform format in which school districts must report such
13 information. The department shall annually compile the
14 information required under subparagraphs (b)2., 3., and 4.,
15 along with state-level summary information, and shall report
16 the information to the Governor, the President of the Senate,
17 and the Speaker of the House of Representatives.
18 (11) REPORTS.--The Department of Education shall
19 annually provide to the Governor, the President of the Senate,
20 and the Speaker of the House of Representatives a report on:
21 (a) The longitudinal performance of students in math
22 and reading.
23 (b) The longitudinal performance of students by grade
24 level in math and reading.
25 (c) The longitudinal performance regarding efforts to
26 close the achievement gap.
27 (d) The longitudinal performance of students on the
28 norm-referenced component of the FCAT.
29 (e) Other student performance data based on national
30 norm-referenced and criterion-referenced tests, when
31 available.
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1 Section 28. Section 1008.31, Florida Statutes, is
2 amended to read:
3 1008.31 Florida's K-20 education performance
4 accountability system; legislative intent; public
5 accountability and reporting performance-based funding;
6 mission, goals, and systemwide measures.--
7 (1) LEGISLATIVE INTENT.--It is the intent of the
8 Legislature that:
9 (a) The performance accountability system implemented
10 to assess the effectiveness of Florida's seamless K-20
11 education delivery system provide answers to the following
12 questions in relation to its mission and goals:
13 1. What is the public receiving in return for funds it
14 invests in education?
15 2. How effectively is Florida's K-20 education system
16 educating its students?
17 3. How effectively are the major delivery sectors
18 promoting student achievement?
19 4. How are individual schools and postsecondary
20 education institutions performing their responsibility to
21 educate their students as measured by how students are
22 exhibiting performing and how much they are learning?
23 (b) The K-20 education performance accountability
24 system be established as a single, unified accountability
25 system with multiple components, including, but not limited
26 to, measures of adequate yearly progress, individual student
27 learning gains in public schools, school grades, and return on
28 investment.
29 (c) The K-20 education performance accountability
30 system comply with the accountability requirements of the "No
31 Child Left Behind Act of 2001," Pub. L. No. 107-110.
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1 (d) The State Board of Education recommend to the
2 Legislature systemwide performance standards; the Legislature
3 establish systemwide performance measures and standards; and
4 the systemwide measures and standards provide Floridians with
5 information on what the public is receiving in return for the
6 funds it invests in education and how well the K-20 system
7 educates its students.
8 (e) The State Board of Education establish performance
9 measures and set performance standards for individual
10 components of the public education system, including
11 individual schools and community colleges postsecondary
12 educational institutions, with measures and standards based
13 primarily on student achievement.
14 (f) The Board of Governors establish performance
15 measures and set performance standards for state universities,
16 with measures and standards based primarily on student access
17 and achievement. Measures should encourage the seamless
18 transition of students from one educational level to the next
19 and be consistent with other educational accountability
20 measures.
21 (2) PERFORMANCE-BASED FUNDING.--
22 (a) The State Board of Education shall cooperate with
23 each delivery system to develop proposals for
24 performance-based funding, using performance measures adopted
25 pursuant to this section.
26 (b) The State Board of Education proposals must
27 provide that at least 10 percent of the state funds
28 appropriated for the K-20 education system are conditional
29 upon meeting or exceeding established performance standards.
30 (c) The State Board of Education shall adopt
31 guidelines required to implement performance-based funding
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1 that allow 1 year to demonstrate achievement of specified
2 performance standards prior to a reduction in appropriations
3 pursuant to this section.
4 (d) By December 1, 2003, the State Board of Education
5 shall adopt common definitions, measures, standards, and
6 performance improvement targets required to:
7 1. Use the state core measures and the sector-specific
8 measures to evaluate the progress of each sector of the
9 educational delivery system toward meeting the systemwide
10 goals for public education.
11 2. Notify the sectors of their progress in achieving
12 the specified measures so that they may develop improvement
13 plans that directly influence decisions about policy, program
14 development, and management.
15 3. Implement the performance-based budgeting system
16 described in this section.
17 (e) During the 2003-2004 fiscal year, the Department
18 of Education shall collect data required to establish
19 progress, rewards, and sanctions.
20 (f) By December 1, 2004, the Department of Education
21 shall recommend to the Legislature a formula for
22 performance-based funding that applies accountability
23 standards for the individual components of the public
24 education system at every level, kindergarten through graduate
25 school. Effective for the 2004-2005 fiscal year and
26 thereafter, subject to annual legislative approval in the
27 General Appropriations Act, performance-based funds shall be
28 allocated based on the progress, rewards, and sanctions
29 established pursuant to this section.
30 (2)(3) MISSION, GOALS, AND SYSTEMWIDE MEASURES.--
31
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1 (a) The mission of Florida's K-20 education system
2 shall be to increase the proficiency of all students within
3 one seamless, efficient system, by allowing them the
4 opportunity to expand their knowledge and skills through
5 learning opportunities and research valued by students,
6 parents, and communities.
7 (b) The State Board of Education shall adopt guiding
8 principles for establishing state and sector-specific
9 standards and measures must assure that the process is:.
10 1. Focused on student success;
11 2. Actionable, in that an educational entity can
12 affect the outcomes through policy and program changes;
13 3. High-quality and efficient;
14 4. Measurable over time;
15 5. Simple to explain and display to the public; and
16 6. Aligned with other measures and other sectors to
17 support a coordinated K-20 education system.
18 (c) The Department State Board of Education shall
19 maintain an accountability system that measures student
20 progress toward the following goals:
21 1. Highest student achievement, as indicated by
22 evidence of student learning gains at all levels measured by:
23 student FCAT performance and annual learning gains; the number
24 and percentage of schools that improve at least one school
25 performance grade designation or maintain a school performance
26 grade designation of "A" pursuant to s. 1008.34; graduation or
27 completion rates at all learning levels; and other measures
28 identified in law or rule.
29 2. Seamless articulation and maximum access, as
30 measured by evidence of progression and readiness and evidence
31 of access by targeted groups of students identified by the
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1 commissioner: the percentage of students who demonstrate
2 readiness for the educational level they are entering, from
3 kindergarten through postsecondary education and into the
4 workforce; the number and percentage of students needing
5 remediation; the percentage of Floridians who complete
6 associate, baccalaureate, graduate, professional, and
7 postgraduate degrees; the number and percentage of credits
8 that articulate; the extent to which each set of exit-point
9 requirements matches the next set of entrance-point
10 requirements; the degree to which underserved populations
11 access educational opportunity; the extent to which access is
12 provided through innovative educational delivery strategies;
13 and other measures identified in law or rule.
14 3. Skilled workforce and economic development, as
15 measured by evidence of employment and earnings: the number
16 and percentage of graduates employed in their areas of
17 preparation; the percentage of Floridians with high school
18 diplomas and postsecondary education credentials; the
19 percentage of business and community members who find that
20 Florida's graduates possess the skills they need; national
21 rankings; and other measures identified in law or rule.
22 4. Quality efficient services, as measured by evidence
23 of return on investment: cost per completer or graduate;
24 average cost per noncompleter at each educational level; cost
25 disparity across institutions offering the same degrees; the
26 percentage of education customers at each educational level
27 who are satisfied with the education provided; and other
28 measures identified in law or rule.
29 (3)(4) K-20 EDUCATION DATA QUALITY IMPROVEMENT.--To
30 provide data required to implement education performance
31 accountability measures in state and federal law, the
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1 commissioner shall initiate and maintain strategies to improve
2 data quality and timeliness.
3 (a) SYSTEMWIDE DATA COLLECTION.--School districts and
4 public postsecondary educational institutions shall maintain
5 information systems that will provide the State Board of
6 Education, the Board of Governors, and the Legislature with
7 information and reports necessary to address the
8 specifications of the accountability system. The State Board
9 of Education shall determine the standards for the required
10 data. The level of comprehensiveness and quality shall be no
11 less than that which was available as of June 30, 2001.
12 (b) The Commissioner of Education shall determine the
13 standards for the required data, monitor data quality, and
14 measure improvements. The commissioner shall report annually
15 to the Legislature, the State Board of Education, and the
16 Board of Governors data quality indicators and ratings for all
17 public postsecondary education institutions and school
18 districts.
19 (4) RULES.--The State Board of Education shall adopt
20 rules under ss. 120.536(1) and 120.54 to implement this
21 section.
22 Section 29. Section 1008.33, Florida Statutes, is
23 amended to read:
24 1008.33 Authority to enforce public school
25 improvement.--It is the intent of the Legislature that all
26 public schools be held accountable for students performing at
27 acceptable levels. A system of school improvement and
28 accountability that assesses student performance by school,
29 identifies schools in which students are not making adequate
30 progress toward state standards, institutes appropriate
31 measures for enforcing improvement, and provides rewards and
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1 sanctions based on performance shall be the responsibility of
2 the State Board of Education.
3 (1) Pursuant to Art. IX of the State Constitution
4 prescribing the duty of the State Board of Education to
5 supervise Florida's public school system and notwithstanding
6 any other statutory provisions to the contrary, the State
7 Board of Education shall intervene in the operation of a
8 district school system when one or more schools in the school
9 district have failed to make adequate progress for 2 school
10 years in a 4-year period. For purposes of determining when a
11 school is eligible for state board action and opportunity
12 scholarships for its students, the terms "2 years in any
13 4-year period" and "2 years in a 4-year period" mean that in
14 any year that a school has a grade of "F," the school is
15 eligible for state board action and opportunity scholarships
16 for its students if it also has had a grade of "F" in any of
17 the previous 3 school years. The State Board of Education may
18 determine that the school district or school has not taken
19 steps sufficient for students in the school to be academically
20 well served. Considering recommendations of the Commissioner
21 of Education, the State Board of Education shall recommend
22 action to a district school board intended to improve
23 educational services to students in each school that is
24 designated with a grade of as performance grade category "F."
25 Recommendations for actions to be taken in the school district
26 shall be made only after thorough consideration of the unique
27 characteristics of a school, which shall include student
28 mobility rates, the number and type of exceptional students
29 enrolled in the school, and the availability of options for
30 improved educational services. The state board shall adopt by
31 rule steps to follow in this process. Such steps shall
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1 provide school districts sufficient time to improve student
2 performance in schools and the opportunity to present evidence
3 of assistance and interventions that the district school board
4 has implemented.
5 (2) The State Board of Education may recommend one or
6 more of the following actions to district school boards to
7 enable students in schools designated with a grade of as
8 performance grade category "F" to be academically well served
9 by the public school system:
10 (a) Provide additional resources, change certain
11 practices, and provide additional assistance if the state
12 board determines the causes of inadequate progress to be
13 related to school district policy or practice;
14 (b) Implement a plan that satisfactorily resolves the
15 education equity problems in the school;
16 (c) Contract for the educational services of the
17 school, or reorganize the school at the end of the school year
18 under a new school principal who is authorized to hire new
19 staff and implement a plan that addresses the causes of
20 inadequate progress;
21 (d) Transfer high-quality teachers, faculty, and staff
22 to improve the performance of students in any low-performing
23 school;
24 (e)(d) Allow parents of students in the school to send
25 their children to another district school of their choice; or
26 (f)(e) Other action appropriate to improve the
27 school's performance.
28 (3) In recommending actions to district school boards,
29 the State Board of Education shall specify the length of time
30 available to implement the recommended action. The State
31 Board of Education may adopt rules to further specify how it
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1 may respond in specific circumstances. No Action taken by the
2 State Board of Education does not shall relieve a school from
3 state accountability requirements.
4 (4) The State Board of Education may require the
5 Department of Education or Chief Financial Officer to withhold
6 any transfer of state funds to the school district if, within
7 the timeframe specified in state board action, the school
8 district has failed to comply with the action ordered to
9 improve the district's low-performing schools. Withholding The
10 transfer of funds may be withheld shall occur only after all
11 other recommended actions for school improvement have failed
12 to improve performance. The State Board of Education may
13 impose the same penalty on any district school board that
14 fails to develop and implement a plan for assistance and
15 intervention for low-performing schools as specified in s.
16 1001.42(16)(c).
17 Section 30. Section 1008.34, Florida Statutes, is
18 amended to read:
19 1008.34 School grading system; school report cards;
20 district performance grade.--
21 (1) ANNUAL REPORTS.--The Commissioner of Education
22 shall prepare annual reports of the results of the statewide
23 assessment program which describe student achievement in the
24 state, each district, and each school. The commissioner shall
25 prescribe the design and content of these reports, which must
26 include, without limitation, descriptions of the performance
27 of all schools participating in the assessment program and all
28 of their major student populations as determined by the
29 Commissioner of Education, and must also include the median
30 scores of all eligible students who scored at or in the lowest
31 25th percentile of the state in the previous school year;
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1 provided, however, that the provisions of s. 1002.22
2 pertaining to student records apply to this section.
3 (2) SCHOOL GRADES PERFORMANCE GRADE CATEGORIES.--The
4 annual report shall identify schools as having one of the
5 following grades being in one of the following grade
6 categories defined according to rules of the State Board of
7 Education:
8 (a) "A," schools making excellent progress.
9 (b) "B," schools making above average progress.
10 (c) "C," schools making satisfactory progress.
11 (d) "D," schools making less than satisfactory
12 progress.
13 (e) "F," schools failing to make adequate progress.
14
15 Each school designated with a grade of in performance grade
16 category "A," making excellent progress, or having improved at
17 least two grade levels performance grade categories, shall
18 have greater authority over the allocation of the school's
19 total budget generated from the FEFP, state categoricals,
20 lottery funds, grants, and local funds, as specified in state
21 board rule. The rule must provide that the increased budget
22 authority shall remain in effect until the school's
23 performance grade declines.
24 (3) DESIGNATION OF SCHOOL GRADES PERFORMANCE GRADE
25 CATEGORIES.--School grades performance grade category
26 designations itemized in subsection (2) shall be based on the
27 following:
28 (a) Criteria Timeframes.--
29 1. School performance grade category designations
30 shall be based on the school's current year performance and
31 the school's annual learning gains.
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1 2. A school's grade performance grade category
2 designation shall be based on a combination of:
3 1. Student achievement scores;,
4 2. Student learning gains as measured by annual FCAT
5 assessments in grades 3 through 10;, and
6 3. Improvement of the lowest 25th percentile of
7 students in the school in reading, math, or writing on the
8 FCAT, unless these students are exhibiting performing above
9 satisfactory performance.
10 (b) Student assessment data.--Student assessment data
11 used in determining school grades performance grade categories
12 shall include:
13 1. The aggregate scores of all eligible students
14 enrolled in the school who have been assessed on the FCAT.
15 2. The aggregate scores of all eligible students
16 enrolled in the school who have been assessed on the FCAT,
17 including Florida Writes, and who have scored at or in the
18 lowest 25th percentile of students in the school in reading,
19 math, or writing, unless these students are exhibiting
20 performing above satisfactory performance.
21 3. The scores of students attending alternative
22 schools that provide dropout prevention and academic
23 intervention services pursuant to s. 1003.53, which shall be
24 used in the calculation of the school grade of the school the
25 student attended before attending the alternative school. The
26 student's test scores shall be attributable to the school from
27 which the student transferred. The student's test scores shall
28 also be used in the calculation of the grade of the
29 alternative school under s. 1008.341. An alternative school
30 that wishes to be graded under s. 1008.34 may have the
31 students' FCAT scores calculated toward the school's grade and
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1 not be calculated toward the originating school's grade.
2 School districts must ensure collaboration between the
3 originating school and the alternative school to promote
4 student success.
5
6 The Department of Education shall study the effects of
7 mobility on the performance of highly mobile students and
8 recommend programs to improve the performance of such
9 students. The State Board of Education shall adopt appropriate
10 criteria for each school grade performance grade category. The
11 criteria must also give added weight to student achievement in
12 reading. Schools designated with a grade of as performance
13 grade category "C," making satisfactory progress, shall be
14 required to demonstrate that adequate progress has been made
15 by students in the school who are in the lowest 25th
16 percentile in reading, math, or writing on the FCAT, including
17 Florida Writes, unless these students are exhibiting
18 performing above satisfactory performance.
19 (4) SCHOOL IMPROVEMENT RATINGS.--The annual report
20 shall identify each school's performance as having improved,
21 remained the same, or declined. This school improvement rating
22 shall be based on a comparison of the current year's and
23 previous year's student and school performance data. Schools
24 that improve at least one performance grade category are
25 eligible for school recognition awards pursuant to s. 1008.36.
26 (5) SCHOOL REPORT CARD.--The Department of Education
27 shall annually develop in collaboration with the school
28 districts a school report card to be delivered to parents
29 throughout each school district. The report card must include
30 the school's grade, information regarding school improvement,
31 an explanation of school performance as evaluated by the
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1 federal No Child Left Behind Act, and indicators of return on
2 investment. PERFORMANCE GRADE CATEGORY AND IMPROVEMENT RATING
3 REPORTS.--School performance grade category designations and
4 improvement ratings shall apply to each school's performance
5 for the year in which performance is measured. Each school's
6 report card designation and rating shall be published annually
7 by the Department of Education on the department's website,
8 and the school district shall provide the report card to each
9 parent. Parents shall be entitled to an easy-to-read report
10 card about the designation and rating of the school in which
11 their child is enrolled.
12 (6) RULES.--The State Board of Education shall adopt
13 rules pursuant to ss. 120.536(1) and 120.54 to implement the
14 provisions of this section.
15 (6)(7) PERFORMANCE-BASED FUNDING.--The Legislature may
16 factor in the performance of schools in calculating any
17 performance-based funding policy that is provided for annually
18 in the General Appropriations Act.
19 (7)(8) DISTRICT PERFORMANCE GRADE.--The annual report
20 required by subsection (1) shall include district performance
21 grades, which shall consist of weighted district average
22 grades, by level, for all elementary schools, middle schools,
23 and high schools in the district. A district's weighted
24 average grade shall be calculated by weighting individual
25 school grades determined pursuant to subsection (2) by school
26 enrollment.
27 (8) The State Board of Education shall adopt rules
28 under ss. 120.536(1) and 120.54 to administer this section.
29 Section 31. Section 1008.341, Florida Statutes, is
30 created to read:
31 1008.341 Grading for alternative schools.--
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1 (1) ANNUAL REPORTS.--The Commissioner of Education
2 shall prepare an annual report on the performance of each
3 school graded pursuant to this section if the provisions of s.
4 1002.22 pertaining to student records shall apply.
5 (2) DESIGNATION OF SCHOOL GRADES.--Notwithstanding the
6 provisions of s. 1008.34, alternative schools that provide
7 dropout prevention and academic intervention services pursuant
8 to s. 1003.53 shall be graded pursuant to this section.
9 Alternative schools serving students who are subject to school
10 board policies for expulsion for repeated or serious offenses,
11 dropout retrieval programs serving students who have
12 officially been designated as dropouts, and Department of
13 Juvenile Justice operated and contracted programs shall not
14 receive a school grade as described in s. 1008.34. Schools
15 meeting this definition shall be rated on a scale approved by
16 the State Board of Education which represents the progress of
17 students as compared to their progress prior to being assigned
18 to the alternative schools. The schools that serve multiple
19 populations shall receive a school grade absent the
20 performance of students subject to expulsion or dropout if the
21 schools meet the minimum requirements regarding the number of
22 students with valid FCAT scores. Each school shall receive a
23 school improvement rating of "improving," "maintaining," or
24 "declining."
25 (a) School grade designations shall be those
26 prescribed in s. 1008.34(2) and shall be based on a
27 combination of the following factors weighted equally:
28 1. Aggregate student academic growth rate, which shall
29 be based on a student's developmental scale score on the FCAT
30 for the school year in which the student is currently enrolled
31
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1 compared to the developmental scale score on the FCAT for the
2 preceding school year.
3 2. Improvement of students in the school who are in
4 the lowest 25th percentile of students in the state on FCAT
5 Reading.
6 (b) Student assessment data used in determining school
7 grades shall include:
8 1. The aggregate scores of all eligible students who
9 were enrolled in the school during the October and February
10 FTE counts, who have been assessed on the FCAT, and who have
11 FCAT or comparable scores for the preceding school year.
12 2. The aggregate scores of all eligible students who
13 were enrolled in the school during the October and February
14 FTE counts, who have been assessed on the FCAT, including
15 Florida Writes, and who have scored at or in the lowest 25th
16 percentile of students in the state on FCAT Reading.
17 (3) SCHOOL-IMPROVEMENT RATINGS.--The annual report
18 shall identify each school's performance as having improved,
19 remained the same, or declined. This school-improvement rating
20 shall be based on a comparison of the current year's and
21 previous year's student and school performance data. Schools
22 that improve at least one grade are eligible for school
23 recognition awards pursuant to s. 1008.36.
24 (4) SCHOOL REPORT CARD.--The Department of Education
25 shall annually develop in collaboration with the school
26 districts a school report card to be delivered to parents
27 through each school district. The report card shall include
28 the school's grade, information regarding school improvement,
29 an explanation of school performance as evaluated by the
30 federal No Child Left Behind Act of 2001, and indicators of
31 return on investment.
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1 (5) RULES.--The State Board of Education shall adopt
2 rules pursuant to ss. 120.536(1) and 120.54 to implement the
3 provisions of this section.
4 Section 32. Section 1008.36, Florida Statutes, is
5 amended to read:
6 1008.36 Florida School Recognition Program.--
7 (1) The Legislature finds that there is a need for a
8 performance incentive program for outstanding faculty and
9 staff in highly productive schools. The Legislature further
10 finds that performance-based incentives are commonplace in the
11 private sector and should be infused into the public sector as
12 a reward for productivity.
13 (2) The Florida School Recognition Program is created
14 to provide financial awards to public schools that:
15 (a) Sustain high performance by receiving a school
16 grade of "A," making excellent progress; or
17 (b) Demonstrate exemplary improvement due to
18 innovation and effort by improving a letter grade.
19 (3) All public schools, including charter schools,
20 that receive a school grade pursuant to s. 1008.34 are
21 eligible to participate in the program. For purposes of this
22 section, a school serving any combination of kindergarten
23 through grade 3 students which does not receive a school grade
24 under s. 1008.34 shall be assigned the school performance
25 grade of the feeder pattern school designated by the
26 Department of Education and verified by the school district
27 and shall be eligible to participate in the program based upon
28 that feeder. A feeder school pattern is defined where at least
29 60 percent of the students in the school or schools servicing
30 a combination of kindergarten through grade 3 students are
31 scheduled to be assigned to the school receiving the school
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1 grade. In addition, the feeder pattern school shall be subject
2 to the Opportunity Scholarship Program as defined in s.
3 1002.38.
4 (4) All selected schools shall receive financial
5 awards depending on the availability of funds appropriated and
6 the number and size of schools selected to receive an award.
7 Funds must be distributed to the school's fiscal agent and
8 placed in the school's account and must be used for purposes
9 listed in subsection (5) as determined jointly by the school's
10 staff and school advisory council. If school staff and the
11 school advisory council cannot reach agreement by November 1,
12 the awards must be equally distributed to all classroom
13 teachers currently teaching in the school.
14 (5) School recognition awards must be used for the
15 following:
16 (a) Nonrecurring bonuses to the faculty and staff who
17 presently are employed at the school or who were employed at
18 the school during the year of improved performance;
19 (b) Nonrecurring expenditures for educational
20 equipment or materials to assist in maintaining and improving
21 student performance; or
22 (c) Temporary personnel for the school to assist in
23 maintaining and improving student performance.
24
25 Notwithstanding statutory provisions to the contrary,
26 incentive awards are not subject to collective bargaining.
27 Section 33. Present subsection (9) of section 1011.62,
28 Florida Statutes, is redesignated as subsection (10) and
29 amended, and a new subsection (9) is added to that section, to
30 read:
31
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1 1011.62 Funds for operation of schools.--If the annual
2 allocation from the Florida Education Finance Program to each
3 district for operation of schools is not determined in the
4 annual appropriations act or the substantive bill implementing
5 the annual appropriations act, it shall be determined as
6 follows:
7 (9) RESEARCH-BASED READING-INSTRUCTION ALLOCATION.--
8 (a) There is created the Research-Based
9 Reading-Instruction Allocation to provide comprehensive
10 reading instruction to students in kindergarten through grade
11 12.
12 (b) Funds for comprehensive, research-based reading
13 instruction shall be allocated annually to each school
14 district in the amount provided in the General Appropriations
15 Act. Each eligible school district shall receive the same
16 minimum amount as specified in the General Appropriations Act,
17 and any remaining funds shall be distributed to eligible
18 school districts based on each school district's proportionate
19 share of the statewide total unweighted full-time equivalent
20 student population. The Legislature shall annually increase
21 funds for the allocation at a rate that equals or exceeds the
22 rate of overall increase in the FEFP.
23 (c) Funds allocated under this subsection must be used
24 to provide a system of comprehensive reading instruction to
25 students enrolled in K-12 programs, which may include the
26 provision of:
27 1. Highly qualified reading coaches;
28 2. Professional development for district teachers in
29 scientifically based reading instruction;
30 3. Summer reading camps for students who score at
31 Level 1 on the FCAT;
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1 4. Supplemental instructional materials that are
2 grounded in scientifically based reading research; and
3 5. Intensive interventions for middle-school and
4 secondary-school students who are reading below grade level.
5 (d) Annually, by a date determined by the Department
6 of Education, school districts shall submit a plan in the
7 format prescribed by the department for review and approval
8 from the Just Read, Florida! Office created under s. 1001.215.
9 Upon approval of a school district's plan by the Just Read,
10 Florida! Office, the Department of Education shall release the
11 school district's allocation of appropriated funds pursuant to
12 chapter 216. The funds may not be released unless a school
13 district's plan has been approved, and the department may
14 withhold funding if a plan is not implemented as approved.
15 (10)(9) TOTAL ALLOCATION OF STATE FUNDS TO EACH
16 DISTRICT FOR CURRENT OPERATION.--The total annual state
17 allocation to each district for current operation for the FEFP
18 shall be distributed periodically in the manner prescribed in
19 the General Appropriations Act.
20 (a) The basic amount for current operation for the
21 FEFP as determined in subsection (1), multiplied by the
22 district cost differential factor as determined in subsection
23 (2), plus the amounts provided for categorical components
24 within the FEFP, plus the amount for the sparsity supplement
25 as determined in subsection (6), the decline in full-time
26 equivalent students as determined in subsection (7), and the
27 quality assurance guarantee as determined in subsection (8),
28 and the research-based reading-instruction allocation as
29 determined under subsection (9), less the required local
30 effort as determined in subsection (4). If the funds
31 appropriated for the purpose of funding the total amount for
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1 current operation as provided in this paragraph are not
2 sufficient to pay the state requirement in full, the
3 department shall prorate the available state funds to each
4 district in the following manner:
5 1. Determine the percentage of proration by dividing
6 the sum of the total amount for current operation, as provided
7 in this paragraph for all districts collectively, and the
8 total district required local effort into the sum of the state
9 funds available for current operation and the total district
10 required local effort.
11 2. Multiply the percentage so determined by the sum of
12 the total amount for current operation as provided in this
13 paragraph and the required local effort for each individual
14 district.
15 3. From the product of such multiplication, subtract
16 the required local effort of each district; and the remainder
17 shall be the amount of state funds allocated to the district
18 for current operation.
19 (b) The amount thus obtained shall be the net annual
20 allocation to each school district. However, if it is
21 determined that any school district received an
22 underallocation or overallocation for any prior year because
23 of an arithmetical error, assessment roll change, full-time
24 equivalent student membership error, or any allocation error
25 revealed in an audit report, the allocation to that district
26 shall be appropriately adjusted. Beginning with audits for the
27 2001-2002 fiscal year, if the adjustment is the result of an
28 audit finding in which group 2 FTE are reclassified to the
29 basic program and the district weighted FTE are over the
30 weighted enrollment ceiling for group 2 programs, the
31 adjustment shall not result in a gain of state funds to the
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1 district. If the Department of Education audit adjustment
2 recommendation is based upon controverted findings of fact,
3 the Commissioner of Education is authorized to establish the
4 amount of the adjustment based on the best interests of the
5 state.
6 (c) The amount thus obtained shall represent the net
7 annual state allocation to each district; however,
8 notwithstanding any other provision of this section of the
9 provisions herein, each district shall be guaranteed a minimum
10 level of funding in the amount and manner prescribed in the
11 General Appropriations Act.
12 Section 34. Section 1011.6855, Florida Statutes, is
13 created to read:
14 1011.6855 Minimum instructional personnel salary and
15 class size reduction; operating categorical fund.--
16 (1) Effective upon the passage of an amendment to s.
17 1, Art. IX of the State Constitution to create district
18 average maximum class sizes, there is created an operating
19 categorical fund for implementing the average maximum class
20 sizes and implementing the provisions of this section relating
21 to instructional personnel salary.
22 (2) The funds appropriated to the operating
23 categorical fund created under subsection (1) shall be used to
24 provide:
25 (a) Minimum salary of $35,000 or more as specified by
26 the General Appropriations Act for all full-time, certified
27 instructional personnel identified in s. 1012.01(2)(a)-(d).
28 (b) Elevation funds of at least $2,000 or as specified
29 in the General Appropriations Act to increase the salary of
30 all full-time, certified instructional personnel identified in
31
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1 s. 1012.01(2)(a)-(d) to a level at or above the minimum
2 salary.
3 (3) After the obligations set forth in paragraphs
4 (2)(a) and (b) have been met, the remaining funds must be used
5 to reduce the district average class size until it meets the
6 requirements specified in the State Constitution.
7 Section 35. Subsection (6) is added to section
8 1012.21, Florida Statutes, to read:
9 1012.21 Department of Education duties; K-12
10 personnel.--
11 (6) REPORTING.--The Department of Education shall
12 annually post on-line the collective bargaining contracts of
13 each school district in the state which the department has
14 received under s. 1012.22. The department shall prescribe the
15 format in which district school boards must provide the
16 information.
17 Section 36. Paragraph (c) of subsection (1) of section
18 1012.22, Florida Statutes, is amended read:
19 1012.22 Public school personnel; powers and duties of
20 the district school board.--The district school board shall:
21 (1) Designate positions to be filled, prescribe
22 qualifications for those positions, and provide for the
23 appointment, compensation, promotion, suspension, and
24 dismissal of employees as follows, subject to the requirements
25 of this chapter:
26 (c) Compensation and salary schedules.--
27 1. The district school board shall adopt a salary
28 schedule or salary schedules designed to furnish incentives
29 for improvement in training and for continued efficient
30 service to be used as a basis for paying all school employees
31
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1 and fix and authorize the compensation of school employees on
2 the basis thereof.
3 2. A district school board, in determining the salary
4 schedule for instructional personnel, must base a portion of
5 each employee's compensation on performance demonstrated under
6 s. 1012.34, must consider the prior teaching experience of a
7 person who has been designated state teacher of the year by
8 any state in the United States, and must consider prior
9 professional experience in the field of education gained in
10 positions in addition to district level instructional and
11 administrative positions.
12 3. In developing the salary schedule, the district
13 school board shall seek input from parents, teachers, and
14 representatives of the business community.
15 4.a. Beginning with the 2002-2003 fiscal year, Each
16 district school board must adopt a performance-pay policy for
17 school administrators and instructional personnel. The
18 district's performance-pay policy is subject to negotiation as
19 provided in chapter 447; however, the adopted salary schedule
20 must allow school administrators and instructional personnel
21 who demonstrate outstanding performance, as measured under s.
22 1012.34, to earn a 5-percent supplement in addition to their
23 individual, negotiated salary. The supplements shall be funded
24 from the performance-pay reserve funds adopted in the salary
25 schedule. Beginning with the 2004-2005 academic year, The
26 district's 5-percent performance-pay policy must provide for
27 the evaluation of classroom teachers based on the level of
28 their responsibilities within each level of the salary career
29 ladder provided in s. 1012.231.
30 b. The Commissioner of Education shall determine
31 whether the district school board's adopted salary schedule
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1 complies with the requirement for performance-based pay. If
2 the district school board fails to comply with this section,
3 the commissioner shall recommend to the State Board of
4 Education that the board withhold disbursements from the
5 Educational Enhancement Trust Fund to the district until
6 compliance is verified, and the board may do so.
7 5.a. Beginning with the 2005-2006 fiscal year, each
8 district school board shall adopt a differentiated-pay policy
9 for school administrators and instructional personnel. The
10 policy with respect to instructional personnel is subject to
11 negotiation as provided in chapter 447; however, the adopted
12 salary schedule must allow school administrators and
13 instructional personnel to receive differentiated pay based
14 upon factors including, but not limited to:
15 (I) The subject areas taught, with classroom teachers
16 who teach in critical shortage areas receiving higher pay;
17 (II) The economic demographics of the school, with
18 school administrators and instructional personnel in schools
19 that have a majority of students who qualify for free or
20 reduced-price lunches receiving higher pay;
21 (III) The performance of school administrators and
22 instructional personnel as provided in subparagraph 4.; and
23 (IV) The responsibilities of the classroom teacher.
24 b. The district school board must hold a public
25 hearing at which the board must present its proposed
26 differentiated-pay policy and the rationale supporting the
27 differentiated-pay classifications as proposed, consistent
28 with this subparagraph's differentiated-pay factors.
29 c. The Commissioner of Education shall determine
30 whether the district school board's adopted salary schedule
31 complies with the requirement for differentiated pay. If the
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1 district school board does not adopt a differentiated-pay
2 scale, the commissioner shall recommend to the State Board of
3 Education that the board withhold disbursements from the
4 Educational Enhancement Trust Fund to the district until
5 compliance is verified, and the board may do so.
6 Section 37. Section 1012.2305, Florida Statutes, is
7 created to read:
8 1012.2305 Minimum instructional personnel salary.--
9 (1) LEGISLATIVE INTENT.--The Legislature recognizes
10 that higher pay does not guarantee high-quality performance in
11 education. The Legislature also recognizes that competitive
12 pay, differential pay, and performance incentives are
13 necessary to attract and retain the highest-quality teachers
14 and that the prospects of higher pay and career opportunities
15 are important to attract talented individuals into the field
16 of teaching.
17 (2) MINIMUM SALARY FOR INSTRUCTIONAL
18 PERSONNEL.--Contingent upon the passage of an amendment to s.
19 1, Art. IX of the State Constitution to create district
20 average maximum class sizes and establish minimum salary for
21 instructional personnel, the minimum salary for full-time
22 instructional personnel as defined in s. 1012.01(2)(a)-(d) in
23 this state shall be $35,000 and shall be established by the
24 Legislature to remain above the national average public school
25 teacher beginning salary.
26 Section 38. Section 1012.2315, Florida Statutes, is
27 created to read:
28 1012.2315 Assignment of teachers.--
29 (1) LEGISLATIVE FINDINGS AND INTENT.--The Legislature
30 finds disparity between teachers assigned to teach in a
31 majority of "A" schools compared with those assigned to teach
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1 in a majority of "F" schools. The disparity can be found in
2 the average years of experience, the median salary, and the
3 performance of the teachers on teacher certification exams.
4 It is the intent of the Legislature that district school
5 boards have flexibility through the collective bargaining
6 process to assign teachers more equitably to schools
7 throughout the district.
8 (2) ASSIGNMENT TO "D" AND "F" SCHOOLS.--School
9 districts may not assign a higher percentage than the school
10 district average of first-time teachers, temporarily certified
11 teachers, teachers in need of improvement, or out-of-field
12 teachers to schools that have more than the school district
13 average of minority and economically disadvantaged students or
14 to schools that are graded "D" or "F." Each school district
15 shall annually certify to the Commissioner of Education that
16 this requirement has been met. If the commissioner determines
17 that a school district is not in compliance with this section,
18 the State Board of Education shall be notified and shall take
19 action in the next regularly scheduled meeting to require
20 compliance.
21 (3) SALARY INCENTIVES.--District school boards may
22 provide salary incentives to meet this requirement.
23 (4) COLLECTIVE BARGAINING.--Notwithstanding chapter
24 447, no provision of collective bargaining may preclude a
25 school district from assigning high-quality teachers to teach
26 in low-performing schools.
27 Section 39. Section 1012.72, Florida Statutes, is
28 amended to read:
29 1012.72 Dale Hickam Excellent Teaching Program.--
30 (1) The Legislature recognizes that teachers play a
31 critical role in preparing students to achieve the high levels
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1 of academic performance expected by the Sunshine State
2 Standards. The Legislature further recognizes the importance
3 of identifying and rewarding teaching excellence and of
4 encouraging good teachers to become excellent teachers. The
5 Legislature finds that the National Board of Professional
6 Teaching Standards (NBPTS) has established high and rigorous
7 standards for accomplished teaching and has developed a
8 national voluntary system for assessing and certifying
9 teachers who demonstrate teaching excellence by meeting those
10 standards. It is therefore the Legislature's intent to provide
11 incentives for teachers to seek NBPTS certification and to
12 reward teachers who demonstrate teaching excellence by
13 attaining NBPTS certification and sharing their expertise with
14 other teachers.
15 (2) The Dale Hickam Excellent Teaching Program is
16 created to provide categorical funding for monetary incentives
17 and bonuses for teaching excellence. The Department of
18 Education shall distribute to each school district or to the
19 NBPTS an amount as prescribed annually by the Legislature for
20 the Dale Hickam Excellent Teaching Program. For purposes of
21 this section, the Florida School for the Deaf and the Blind
22 shall be considered a school district. Unless otherwise
23 provided in the General Appropriations Act, each distribution
24 shall be the sum of the amounts earned for the following
25 incentives and bonuses:
26 (a) A fee subsidy to be paid by the Department of
27 Education to the NBPTS on behalf of each individual who is an
28 employee of a district school board or a public school within
29 the school district, who is certified by the district to have
30 demonstrated satisfactory teaching performance pursuant to s.
31 1012.34 and who satisfies the prerequisites for participating
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1 in the NBPTS certification program, and who agrees, in
2 writing, to pay 10 percent of the NBPTS participation fee and
3 to participate in the NBPTS certification program during the
4 school year for which the fee subsidy is provided. The fee
5 subsidy for each eligible participant shall be an amount equal
6 to 90 percent of the fee charged for participating in the
7 NBPTS certification program. The fee subsidy is a one-time
8 award and may not be duplicated for any individual.
9 (b) A portfolio-preparation incentive of $150 paid by
10 the Department of Education to each teacher employed by a
11 district school board or a public school within a school
12 district who is participating in the NBPTS certification
13 program. The portfolio-preparation incentive is a one-time
14 award paid during the school year for which the NBPTS fee
15 subsidy is provided.
16 (c) An annual bonus equal to 10 percent of the prior
17 fiscal year's statewide average salary for classroom teachers
18 to be distributed to the school district to be paid to each
19 individual who holds NBPTS certification and is employed by
20 the district school board or by a public school within the
21 school district. The district school board shall distribute
22 the annual bonus to each individual who meets the requirements
23 of this paragraph and who is certified annually by the
24 district to have demonstrated satisfactory teaching
25 performance pursuant to s. 1012.34. The annual bonus may be
26 paid as a single payment or divided into not more than three
27 payments.
28 (d) An annual bonus equal to 10 percent of the prior
29 fiscal year's statewide average salary for classroom teachers
30 to be distributed to the school district to be paid to each
31 individual who meets the requirements of paragraph (c) and
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1 agrees, in writing, to provide the equivalent of 12 workdays
2 of mentoring and related services to public school teachers
3 within the state who do not hold NBPTS certification. Related
4 services must include instruction in helping teachers work
5 more effectively with the families of their students. The
6 district school board shall distribute the annual bonus in a
7 single payment following the completion of all required
8 mentoring and related services for the year. It is not the
9 intent of the Legislature to remove excellent teachers from
10 their assigned classrooms; therefore, credit may not be
11 granted by a school district or public school for mentoring or
12 related services provided during student contact time during
13 the 196 days of required service for the school year.
14 (e) The employer's share of social security and
15 Medicare taxes and Florida Retirement System contributions for
16 those teachers who qualify for NBPTS certification and receive
17 bonus amounts.
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19 A teacher for whom the state pays the certification fee and
20 who does not complete the certification program or does not
21 teach in a public school of this state for at least 1 year
22 after completing the certification program must repay the
23 amount of the certification fee to the state. However, a
24 teacher who completes the certification program but fails to
25 be awarded NBPTS certification is not required to repay the
26 amount of the certification fee if the teacher meets the
27 1-year teaching requirement. Repayment is not required of a
28 teacher who does not complete the certification program or
29 fails to fulfill the teaching requirement because of the
30 teacher's death or disability or because of other extenuating
31 circumstances as determined by the State Board of Education.
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1 (3)(a) In addition to any other remedy available under
2 the law, any person who is a recipient of a certification fee
3 subsidy paid to the NBPTS and who is an employee of the state
4 or any of its political subdivisions is considered to have
5 consented, as a condition of employment, to the voluntary or
6 involuntary withholding of wages to repay to the state the
7 amount of such a certification fee subsidy awarded under this
8 section. Any such employee who defaults on the repayment of
9 such a certification fee subsidy must, within 60 days after
10 service of a notice of default by the Department of Education
11 to the employee, establish a repayment schedule which must be
12 agreed to by the department and the employee, for repaying the
13 defaulted sum through payroll deductions. The department may
14 not require the employee to pay more than 10 percent of the
15 employee's pay per pay period under such a repayment schedule
16 or plan. If the employee fails to establish a repayment
17 schedule within the specified period of time or fails to meet
18 the terms and conditions of the agreed upon or approved
19 repayment schedule as authorized by this subsection, the
20 employee has breached an essential condition of employment and
21 is considered to have consented to the involuntary withholding
22 of wages or salary for the repayment of the certification fee
23 subsidy.
24 (b) A person who is employed by the state, or any of
25 its political subdivisions, may not be dismissed for having
26 defaulted on the repayment of the certification fee subsidy to
27 the state.
28 (4) The Dale Hickam Excellent Teaching Program Trust
29 Fund shall be administered by the Department of Education
30 pursuant to s. 1010.72.
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1 (5) The Council for Education Policy Research and
2 Improvement shall conduct research to evaluate the benefits
3 and effectiveness of the program.
4 (6)(4) The State Board of Education may adopt rules
5 pursuant to ss. 120.536 and 120.54 as necessary to administer
6 the provisions for payment of the fee subsidies, incentives,
7 and bonuses and for the repayment of defaulted certification
8 fee subsidies under this section.
9 (5) The Dale Hickam Excellent Teaching Program Trust
10 Fund shall be administered by the Department of Education
11 pursuant to s. 1010.72.
12 Section 40. Section 1012.986, Florida Statutes, is
13 created to read:
14 1012.986 Professional development for school
15 leaders.--
16 (1) SHORT TITLE.--This section may be cited as the
17 DELTA (Developing Educational Leaders for Tomorrow's
18 Achievers) Act.
19 (2) CREATION OF PROGRAM.--There is created the DELTA
20 Program which shall be administered by the Department of
21 Education. The program shall be a high-quality,
22 competency-based, customized, comprehensive, and coordinated
23 statewide professional development program to provide
24 leadership training opportunities for school leaders to enable
25 them to be more effective instructional leaders, especially in
26 the area of reading. The program shall provide school leaders
27 with the opportunity to attain a school leadership designation
28 pursuant to subsection (4).
29 (3) DEFINITION.--As used in this section, the term
30 "school leader" means a school principal or assistant
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1 principal who holds a valid Florida certificate in educational
2 leadership.
3 (4) LEADERSHIP DESIGNATIONS.--The Department of
4 Education shall determine annually, in collaboration with
5 school principals, thresholds for different leadership
6 designations. Criteria for school leadership designations
7 shall be based on the following point system:
8 (a) One point for each percent increase over the
9 previous year, by grade, of students who score at or above
10 FCAT Level 3 in reading;
11 (b) One point for each percent increase over the
12 previous year, by grade, of students who score at or above
13 FCAT Level 3 in math;
14 (c) One point for each percent increase over the
15 previous year, by school, of students who score 3.5 or higher
16 on FCAT writing;
17 (d) One point for each percent increase over the
18 previous year of students making learning gains in reading;
19 (e) One point for each percent increase over the
20 previous year of students making learning gains in math;
21 (f) One point for each percent increase over the
22 previous year of the lowest quartile making learning gains in
23 reading.
24 (5) DELTA PROGRAM REQUIREMENTS.--
25 (a) The DELTA Program shall be based upon the
26 leadership standards adopted by the State Board of Education,
27 the standards of the National Staff Development Council, and
28 the federal requirements for high-quality professional
29 development under the No Child Left Behind Act of 2001.
30 (b) The DELTA Program shall provide a competency-based
31 approach that uses prediagnostic and post-diagnostic
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1 evaluations that shall be used to create an individualized
2 professional development plan approved by the district school
3 superintendent. The plan must be structured to support the
4 school leader's attainment of the leadership standards adopted
5 by the State Board of Education.
6 (c) The DELTA Program shall incorporate training in
7 instructional leadership and effective business practices for
8 efficient school operations in school leadership training
9 based on best practices of current effective leadership
10 training in school districts.
11 (6) DELIVERY SYSTEM.--The Department of Education
12 shall deliver the DELTA Program through multiple delivery
13 systems, including:
14 (a) Approved school district training programs;
15 (b) Interactive technology-based instruction; and
16 (c) State, regional, or local leadership academies.
17 (7) RULES.--The State Board of Education shall adopt
18 rules under ss. 120.536(1) and 120.54 to administer this
19 section.
20 Section 41. Sections 1012.987 and 1012.231, Florida
21 Statutes, are repealed.
22 Section 42. Sections 1003.03 and 1011.685, Florida
23 Statutes, are repealed effective upon the effective date of
24 amendments to the class size requirements provided in Section
25 1 of Article IX of the State Constitution.
26 Section 43. If any provision of this act or the
27 application thereof to any person or circumstance is held
28 invalid, the invalidity does not affect other provisions or
29 applications of the act which can be given effect without the
30 invalid provision or application, and to this end the
31 provisions of this act are declared severable.
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1 Section 44. Except as otherwise expressly provided in
2 this act, this act shall take effect upon becoming a law.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2480
3
4 The committee substitute:
5 Eliminates the creation of the Division of Accountability,
Research, and Measurement within the Department of Education;
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Deletes the Teacher's Sunshine Connection Technology
7 Initiative;
8 Restores the Council for Education Policy Research and
Improvement (CEPRI) to current law;
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Eliminates the public records exemption of the academic level
10 of private schools participating in educational scholarship
programs;
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Requires level 2 background screening for private schools
12 participating in scholarship programs prior to employing staff
who have unsupervised access to students;
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Requires that private schools participating in scholarship
14 programs conduct instruction at the school's physical site;
15 Requires the Commissioner of Education to revoke private
school participation in the educational scholarship program in
16 the event of fraud or imminent danger to the health, safety,
and welfare of students;
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Authorizes the Department of Education to investigate
18 anonymous complaints of private schools participating in
scholarship programs;
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Eliminates a prohibition on school districts from beginning
20 the school calendar prior to August 1;
21 Provides school and program choice preferences to students of
transitioning military families, provided that space is
22 available and eliminates charter schools from the special
choice preference;
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Establishes the High School Reform Act and Task Force to
24 deliver recommendations to enhance high school curriculum and
postsecondary choices;
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Requires middle school students scoring at Level 3 to be
26 enrolled in an intensive reading course;
27 Requires additional emphasis be given to study of U.S. History
and encourages the Department of Education to pursue inclusion
28 of social studies as a part of the Florida Comprehensive
Assessment Test (FCAT);
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Repeals the accelerated high school graduation option;
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Requires academic performance data on Department of Juvenile
31 Justice students to determine annual yearly progress (AYP)
status;
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1 Requires the grading of alternative schools and the
Commissioner of Education to report annually on their
2 performance;
3 Requires alternative school student test scores to be
attributable to the grades of both the originating school and
4 the alternative school and provides exceptions;
5 Assigns grades to combination schools not previously graded
based on certain feeder patterns;
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Eliminates school advisory councils in the decision-making
7 process as to how School Recognition funds will be allocated;
8 Provides leadership designations within the Developing
Educational Leaders for Tomorrow's Achievers (DELTA) program
9 to be based on student learning gains as opposed to school
grades;
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Requires all private schools participating in the educational
11 scholarship programs to administer or make provisions for
administering a nationally norm-referenced assessment
12 comparable to the Florida Comprehensive Assessment Test as
identified by the Department of Education;and
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Exempts students with disabilities, when appropriate, from
14 standardized testing but requires an annual assessment to be
determined by parents and staff.
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