HB 0421

1	A bill to be entitled
2	An act relating to public school student progression;
3	amending s. 1008.25, F.S.; revising provisions relating to
4	mandatory retention; providing for mandatory retention at
5	the end of grade 4 based on reading deficiency
6	demonstrated by statewide assessment testing and teacher
7	observation; conforming provisions relating to intensive
8	interventions in reading for retained students; providing
9	an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Subsections (5), (6), and (7) of section
14	1008.25, Florida Statutes, are amended to read:
15	1008.25  Public school student progression; remedial
16	instruction; reporting requirements.--
17	(5)  READING DEFICIENCY AND PARENTAL NOTIFICATION.--
18	(a)  It is the ultimate goal of the Legislature that every
19	student read at or above grade level. Any student who exhibits a
20	substantial deficiency in reading, based upon locally determined
21	or statewide assessments conducted in kindergarten or grade 1,
22	grade 2, or grade 3, or grade 4, or through teacher
23	observations, must be given intensive reading instruction
24	immediately following the identification of the reading
25	deficiency. The student's reading proficiency must be reassessed
26	by locally determined assessments or through teacher
27	observations at the beginning of the grade following the
28	intensive reading instruction. The student must continue to be
29	provided with intensive reading instruction until the reading
30	deficiency is remedied.
31	(b)  Beginning with the 2005-2006 2002-2003 school year, if
32	the student's reading deficiency, as identified in paragraph
33	(a), is not remedied by the end of grade 4 3, as demonstrated by
34	statewide assessment testing in reading and by teacher
35	observation of a deficiency in reading scoring at Level 2 or
36	higher on the statewide assessment test in reading for grade 3,
37	the student must be retained.
38	(c)  The parent of any student who exhibits a substantial
39	deficiency in reading, as described in paragraph (a), must be
40	notified in writing of the following:
41	1.  That his or her child has been identified as having a
42	substantial deficiency in reading.
43	2.  A description of the current services that are provided
44	to the child.
45	3.  A description of the proposed supplemental
46	instructional services and supports that will be provided to the
47	child that are designed to remediate the identified area of
48	reading deficiency.
49	4.  That if the child's reading deficiency is not
50	remediated by the end of grade 4 3, the child must be retained
51	unless he or she is exempt from mandatory retention for good
52	cause.
53	5.  Strategies for parents to use in helping their child
54	succeed in reading proficiency.
55	6.  That the Florida Comprehensive Assessment Test (FCAT)
56	is not the sole determiner of promotion and that additional
57	evaluations, portfolio reviews, and assessments are available to
58	the child to assist parents and the school district in knowing
59	when a child is reading at or above grade level and ready for
60	grade promotion.
61	7.  The district's specific criteria and policies for
62	midyear promotion. Midyear promotion means promotion of a
63	retained student at any time during the year of retention once
64	the student has demonstrated ability to read at grade level.
65	(6)  ELIMINATION OF SOCIAL PROMOTION.--
66	(a)  No student may be assigned to a grade level based
67	solely on age or other factors that constitute social promotion.
68	(b)  The district school board may only exempt students
69	from mandatory retention, as provided in paragraph (5)(b), for
70	good cause. Good cause exemptions shall be limited to the
71	following:
72	1.  Limited English proficient students who have had less
73	than 2 years of instruction in an English for Speakers of Other
74	Languages program.
75	2.  Students with disabilities whose individual education
76	plan indicates that participation in the statewide assessment
77	program is not appropriate, consistent with the requirements of
78	State Board of Education rule.
79	3.  Students who demonstrate an acceptable level of
80	performance on an alternative standardized reading assessment
81	approved by the State Board of Education.
82	4.  Students who demonstrate, through a student portfolio,
83	that the student is reading on grade level as evidenced by
84	demonstration of mastery of the Sunshine State Standards in
85	reading equal to at least a Level 2 performance on the FCAT.
86	5.  Students with disabilities who participate in the FCAT
87	and who have an individual education plan or a Section 504 plan
88	that reflects that the student has received the intensive
89	remediation in reading, as required by paragraph (4)(b), for
90	more than 2 years but still demonstrates a deficiency in reading
91	and was previously retained in kindergarten, grade 1, grade 2,
92	or grade 3, or grade 4.
93	6.  Students who have received the intensive remediation in
94	reading as required by paragraph (4)(b) for 2 or more years but
95	still demonstrate a deficiency in reading and who were
96	previously retained in kindergarten, grade 1, grade 2, or grade
97	3, or grade 4 for a total of 2 years. Intensive reading
98	instruction for students so promoted must include an altered
99	instructional day based upon an academic improvement plan that
100	includes specialized diagnostic information and specific reading
101	strategies for each student. The district school board shall
102	assist schools and teachers to implement reading strategies that
103	research has shown to be successful in improving reading among
104	low-performing readers.
105	(c)  Requests for good cause exemptions for students from
106	the mandatory retention requirement as described in
107	subparagraphs (b)3. and 4. shall be made consistent with the
108	following:
109	1.  Documentation shall be submitted from the student's
110	teacher to the school principal that indicates that the
111	promotion of the student is appropriate and is based upon the
112	student's academic record. In order to minimize paperwork
113	requirements, such documentation shall consist only of the
114	existing academic improvement plan, individual educational plan,
115	if applicable, report card, or student portfolio.
116	2.  The school principal shall review and discuss such
117	recommendation with the teacher and make the determination as to
118	whether the student should be promoted or retained. If the
119	school principal determines that the student should be promoted,
120	the school principal shall make such recommendation in writing
121	to the district school superintendent. The district school
122	superintendent shall accept or reject the school principal's
123	recommendation in writing.
124	(7)  SUCCESSFUL PROGRESSION FOR RETAINED READERS.--
125	(a)  Students retained under the provisions of paragraph
126	(5)(b) must be provided intensive interventions in reading to
127	ameliorate the student's specific reading deficiency, as
128	identified by a valid and reliable diagnostic assessment. This
129	intensive intervention must include effective instructional
130	strategies, participation in the school district's summer
131	reading camp, and appropriate teaching methodologies necessary
132	to assist those students in becoming successful readers, able to
133	read at or above grade level, and ready for promotion to the
134	next grade.
135	(b)  Beginning with the 2005-2006 2004-2005 school year,
136	each school district shall:
137	1.  Conduct a review of student academic improvement plans
138	for all students who did not score above Level 1 on the reading
139	portion of the FCAT and did not meet the criteria for one of the
140	good cause exemptions in paragraph (6)(b). The review shall
141	address additional supports and services, as described in this
142	subsection, needed to remediate the identified areas of reading
143	deficiency. The school district shall require a student
144	portfolio to be completed for each such student.
145	2.  Provide students who are retained under the provisions
146	of paragraph (5)(b) with intensive instructional services and
147	supports to remediate the identified areas of reading
148	deficiency, including a minimum of 90 minutes of daily,
149	uninterrupted, scientifically research-based reading instruction
150	and other strategies prescribed by the school district, which
151	may include, but are not limited to:
152	a.  Small group instruction.
153	b.  Reduced teacher-student ratios.
154	c.  More frequent progress monitoring.
155	d.  Tutoring or mentoring.
156	e.  Transition classes containing 4th and 5th 3rd and 4th
157	grade students.
158	f.  Extended school day, week, or year.
159	g.  Summer reading camps.
160	3.  Provide written notification to the parent of any
161	student who is retained under the provisions of paragraph (5)(b)
162	that his or her child has not met the proficiency level required
163	for promotion and the reasons the child is not eligible for a
164	good cause exemption as provided in paragraph (6)(b). The
165	notification must comply with the provisions of s. 1002.20(14)
166	and must include a description of proposed interventions and
167	supports that will be provided to the child to remediate the
168	identified areas of reading deficiency.
169	4.  Implement a policy for the midyear promotion of any
170	student retained under the provisions of paragraph (5)(b) who
171	can demonstrate that he or she is a successful and independent
172	reader, reading at or above grade level, and ready to be
173	promoted to grade 5 4. Tools that school districts may use in
174	reevaluating any student retained may include subsequent
175	assessments, alternative assessments, and portfolio reviews, in
176	accordance with rules of the State Board of Education. Students
177	promoted during the school year after November 1 must
178	demonstrate proficiency above that required to score at Level 2
179	on the grade 3 FCAT, as determined by the State Board of
180	Education. The State Board of Education shall adopt standards
181	that provide a reasonable expectation that the student's
182	progress is sufficient to master appropriate 5th 4th grade level
183	reading skills.
184	5.  Provide students who are retained under the provisions
185	of paragraph (5)(b) with a high-performing teacher as determined
186	by student performance data and above-satisfactory performance
187	appraisals.
188	6.  In addition to required reading enhancement and
189	acceleration strategies, provide parents of students to be
190	retained with at least one of the following instructional
191	options:
192	a.  Supplemental tutoring in scientifically research-based
193	reading services in addition to the regular reading block,
194	including tutoring before and/or after school.
195	b.  A "Read at Home" plan outlined in a parental contract,
196	including participation in "Families Building Better Readers
197	Workshops" and regular parent-guided home reading.
198	c.  A mentor or tutor with specialized reading training.
199	7.  Establish a Reading Enhancement and Acceleration
200	Development (READ) Initiative. The focus of the READ Initiative
201	shall be to prevent the retention of grade 4 3 students and to
202	offer intensive accelerated reading instruction to grade 4 3
203	students who failed to meet standards for promotion to grade 5 4
204	and to each K-4 K-3 student who is assessed as exhibiting a
205	reading deficiency. The READ Initiative shall:
206	a.  Be provided to all K-4 K-3 students at risk of
207	retention as identified by the statewide assessment system used
208	in Reading First schools. The assessment must measure phonemic
209	awareness, phonics, fluency, vocabulary, and comprehension.
210	b.  Be provided during regular school hours in addition to
211	the regular reading instruction.
212	c.  Provide a state-identified reading curriculum that has
213	been reviewed by the Florida Center for Reading Research at
214	Florida State University and meets, at a minimum, the following
215	specifications:
216	(I)  Assists students assessed as exhibiting a reading
217	deficiency in developing the ability to read at grade level.
218	(II)  Provides skill development in phonemic awareness,
219	phonics, fluency, vocabulary, and comprehension.
220	(III)  Provides scientifically based and reliable
221	assessment.
222	(IV)  Provides initial and ongoing analysis of each
223	student's reading progress.
224	(V)  Is implemented during regular school hours.
225	(VI)  Provides a curriculum in core academic subjects to
226	assist the student in maintaining or meeting proficiency levels
227	for the appropriate grade in all academic subjects.
228	8.  Establish at each school, where applicable, an
229	Intensive Acceleration Class for retained grade 4 3 students who
230	subsequently score at Level 1 on the reading portion of the
231	FCAT. The focus of the Intensive Acceleration Class shall be to
232	increase a child's reading level at least two grade levels in 1
233	school year. The Intensive Acceleration Class shall:
234	a.  Be provided to any student in grade 4 3 who scores at
235	Level 1 on the reading portion of the FCAT and who was retained
236	in grade 4 3 the prior year because of scoring at Level 1 on the
237	reading portion of the FCAT.
238	b.  Have a reduced teacher-student ratio.
239	c.  Provide uninterrupted reading instruction for the
240	majority of student contact time each day and incorporate
241	opportunities to master the grade 5 4 Sunshine State Standards
242	in other core subject areas.
243	d.  Use a reading program that is scientifically research-
244	based and has proven results in accelerating student reading
245	achievement within the same school year.
246	e.  Provide intensive language and vocabulary instruction
247	using a scientifically research-based program, including use of
248	a speech-language therapist.
249	f.  Include weekly progress monitoring measures to ensure
250	progress is being made.
251	g.  Report to the Department of Education, in the manner
252	described by the department, the progress of students in the
253	class at the end of the first semester.
254	9.  Report to the State Board of Education, as requested,
255	on the specific intensive reading interventions and supports
256	implemented at the school district level. The Commissioner of
257	Education shall annually prescribe the required components of
258	requested reports.
259	10.  Provide a student who has been retained in grade 4 3
260	and has received intensive instructional services but is still
261	not ready for grade promotion, as determined by the school
262	district, the option of being placed in a transitional
263	instructional setting. Such setting shall specifically be
264	designed to produce learning gains sufficient to meet grade 5 4
265	performance standards while continuing to remediate the areas of
266	reading deficiency.
267	Section 2.  This act shall take effect July 1, 2005.

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