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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    Florida Senate - 2005                           CS for SB 2480
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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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    Florida Senate - 2005                           CS for SB 2480
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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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    Florida Senate - 2005                           CS for SB 2480
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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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    Florida Senate - 2005                           CS for SB 2480
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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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    Florida Senate - 2005                           CS for SB 2480
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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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    Florida Senate - 2005                           CS for SB 2480
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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.

31  

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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

                                  18

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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.

                                  19

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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

                                  23

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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

                                  24

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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

                                  27

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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

                                  28

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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

                                  29

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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

                                  30

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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.

18  

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.

31  

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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

31  

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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;
 6  
    Deletes the Teacher's Sunshine Connection Technology
 7  Initiative;

 8  Restores the Council for Education Policy Research and
    Improvement (CEPRI) to current law;
 9  
    Eliminates the public records exemption of the academic level
10  of private schools participating in educational scholarship
    programs;
11  
    Requires level 2 background screening for private schools
12  participating in scholarship programs prior to employing staff
    who have unsupervised access to students;
13  
    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;
17  
    Authorizes the Department of Education to investigate
18  anonymous complaints of private schools participating in
    scholarship programs;
19  
    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;
23  
    Establishes the High School Reform Act and Task Force to
24  deliver recommendations to enhance high school curriculum and
    postsecondary choices;
25  
    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);
29  
    Repeals the accelerated high school graduation option;
30  
    Requires academic performance data on Department of Juvenile
31  Justice students to determine annual yearly progress (AYP)
    status;
                                 102

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    Florida Senate - 2005                           CS for SB 2480
    581-2076-05




 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;
 6  
    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;
10  
    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
13  
    Exempts students with disabilities, when appropriate, from
14  standardized testing but requires an annual assessment to be
    determined by parents and staff.
15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                 103

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