Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HCB 6007, 2nd Eng.
Barcode 493828
CHAMBER ACTION
Senate House
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11 Senator Lynn moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Subsection (1) of section 1001.03, Florida
18 Statutes, is amended to read:
19 1001.03 Specific powers of State Board of Education.--
20 (1) PUBLIC K-12 STUDENT PERFORMANCE STANDARDS.--The
21 State Board of Education shall approve the student performance
22 standards known as the Sunshine State Standards in key
23 academic subject areas and grade levels. The board shall
24 periodically review the standards to ensure adequate rigor,
25 logical pupil progression, and articulation from grade to
26 grade, and shall evaluate the extent to which the standards
27 are being taught at each grade level.
28 Section 2. Section 1001.215, Florida Statutes, is
29 created to read:
30 1001.215 Just Read, Florida! Office.--There is created
31 within the Department of Education the Just Read, Florida!
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1 Office. The office shall:
2 (1) Train professionally certified teachers to become
3 certified reading coaches.
4 (2) Train K-12 teachers, school principals, and
5 parents on research-based strategies for reading instruction.
6 (3) Provide technical assistance to districts in the
7 development and implementation of, and annually review and
8 approve district plans for use of, the Research-based Reading
9 Instruction Allocation pursuant to s. 1011.62(9).
10 (4) Work with the Florida Center for Reading Research
11 created under s. 1004.64 to provide information on
12 research-based reading programs.
13 (5) Periodically review the Sunshine State Standards
14 for reading at all grade levels.
15 (6) Periodically review the teacher certification
16 examinations to ensure that they reflect proficiency in
17 research-based strategies for reading instruction.
18 (7) Work with teacher preparation programs approved
19 under s. 1004.04 to ensure the integration of research-based
20 strategies for reading instruction into teacher preparation
21 programs.
22 (8) Administer grants and perform other functions
23 necessary to assist with meeting the goal that all students
24 are reading on grade level.
25 Section 3. Subsection (16) of section 1001.42, Florida
26 Statutes, is amended to read:
27 1001.42 Powers and duties of district school
28 board.--The district school board, acting as a board, shall
29 exercise all powers and perform all duties listed below:
30 (16) IMPLEMENT SCHOOL IMPROVEMENT AND
31 ACCOUNTABILITY.--Maintain a system of school improvement and
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1 education accountability as provided by statute and State
2 Board of Education rule. This system of school improvement and
3 education accountability shall be consistent with, and
4 implemented through, the district's continuing system of
5 planning and budgeting required by this section and ss.
6 1008.385, 1010.01, and 1011.01. This system of school
7 improvement and education accountability shall include, but is
8 not limited to, the following:
9 (a) School improvement plans.--Annually approve and
10 require implementation of a new, amended, or continuation
11 school improvement plan for each school in the district,
12 except that a district school board may establish a district
13 school improvement plan that includes all schools in the
14 district operating for the purpose of providing educational
15 services to youth in Department of Juvenile Justice programs.
16 Such plan shall be designed to achieve the state education
17 priorities pursuant to s. 1000.03(5) and student performance
18 standards. In addition, any school required to implement a
19 rigorous reading requirement pursuant to s. 1003.415 must
20 include such component in its school improvement plan. Each
21 plan shall also address issues relative to budget, training,
22 instructional materials, technology, staffing, student support
23 services, specific school safety and discipline strategies,
24 student health and fitness, including physical fitness,
25 parental information on student health and fitness, and indoor
26 environmental air quality, and other matters of resource
27 allocation, as determined by district school board policy, and
28 shall be based on an analysis of student achievement and other
29 school performance data.
30 (b) Improvement plan requirements.--Each district
31 school board's system of school improvement and student
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1 progression must be designed to provide frequent and accurate
2 information to the teacher and student regarding each
3 student's progress toward mastering the Sunshine State
4 Standards. The system must demonstrate the alignment of the
5 Sunshine State Standards, instructional strategies,
6 assessment, and professional development. Each school's school
7 improvement plan must identify the strategies for monitoring
8 the progress of each student. The process used by each school
9 to monitor student progression must, at a minimum, contain the
10 following components that are aimed at increasing student
11 achievement:
12 1. Disaggregated student achievement data related to
13 student performance which are used to identify each individual
14 student's strengths and weaknesses and to determine the
15 effectiveness of the teaching and learning strategies that are
16 being used in the classroom;
17 2. The Sunshine State Standards instructional calendar
18 and timeline, using disaggregated student performance data to
19 focus instruction on the Sunshine State Standards, manage
20 instructional time, and allocate resources;
21 3. Prioritized instructional focus to facilitate
22 explicit and systematic instruction using research-based
23 effective practices in the classroom;
24 4. Mini-assessments of targeted Sunshine State
25 Standards benchmarks to monitor students' progress and
26 generate data to redesign instruction, if needed;
27 5. Alternative in-school, tutorial, remediation, or
28 enrichment strategies for students which are based on each
29 student's individual academic needs as defined by the
30 mini-assessments; and
31 6. Systematic monitoring of each teacher's
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1 implementation of the comprehensive program for student
2 progression as described in subparagraphs 1.-5.
3 (c)(b) Approval process.--Develop a process for
4 approval of a school improvement plan presented by an
5 individual school and its advisory council. In the event a
6 district school board does not approve a school improvement
7 plan after exhausting this process, the Department of
8 Education shall be notified of the need for assistance.
9 (d)(c) Assistance and intervention.--
10 1. Develop a 2-year plan of increasing individualized
11 assistance and intervention for each school in danger of not
12 meeting state standards or making adequate progress, as
13 defined pursuant to statute and State Board of Education rule,
14 toward meeting the goals and standards of its approved school
15 improvement plan.
16 2. Provide assistance and intervention to a school
17 that is identified as being in performance grade category "D"
18 pursuant to s. 1008.34 and is in danger of failing.
19 3. Develop a plan to encourage teachers with
20 demonstrated mastery in improving student performance to
21 remain at or transfer to a school designated as performance
22 grade category "D" or "F" or to an alternative school that
23 serves disruptive or violent youths. If a classroom teacher,
24 as defined by s. 1012.01(2)(a), who meets the definition of
25 teaching mastery developed according to the provisions of this
26 paragraph, requests assignment to a school designated as
27 performance grade category "D" or "F" or to an alternative
28 school that serves disruptive or violent youths, the district
29 school board shall make every practical effort to grant the
30 request.
31 4. Prioritize, to the extent possible, the
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1 expenditures of funds received from the supplemental academic
2 instruction categorical fund under s. 1011.62(1)(f) to improve
3 student performance in schools that receive a performance
4 grade category designation of "D" or "F."
5 (e)(d) After 2 years.--Notify the Commissioner of
6 Education and the State Board of Education in the event any
7 school does not make adequate progress toward meeting the
8 goals and standards of a school improvement plan by the end of
9 2 years of failing to make adequate progress and proceed
10 according to guidelines developed pursuant to statute and
11 State Board of Education rule. School districts shall provide
12 intervention and assistance to schools in danger of being
13 designated as performance grade category "F," failing to make
14 adequate progress.
15 (f)(e) Public disclosure.--Provide information
16 regarding performance of students and educational programs as
17 required pursuant to ss. 1008.22 and 1008.385 and implement a
18 system of school reports as required by statute and State
19 Board of Education rule that shall include schools operating
20 for the purpose of providing educational services to youth in
21 Department of Juvenile Justice programs, and for those
22 schools, report on the elements specified in s. 1003.52(19).
23 Annual public disclosure reports shall be in an easy-to-read
24 report card format and shall include the school's student and
25 school performance grade category designation and performance
26 data as specified in state board rule.
27 (g)(f) School improvement funds.--Provide funds to
28 schools for developing and implementing school improvement
29 plans. Such funds shall include those funds appropriated for
30 the purpose of school improvement pursuant to s. 24.121(5)(c).
31 Section 4. Each school district must observe November
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1 11 of each year as the Veterans' Day holiday. Classes may not
2 be held on such holiday for any reason except for a declared
3 state emergency. If November 11 falls on a Saturday or Sunday,
4 a school holiday shall be observed on a weekday immediately
5 following or preceding that weekend so as to correspond with
6 the date that Veterans' Day is observed as a federal holiday.
7 Section 5. Section 1002.421, Florida Statutes, is
8 created to read:
9 1002.421 Rights and obligations of private schools
10 participating in state school choice scholarship
11 programs.--The requirements imposed under this section on
12 private schools that participate in state school choice
13 scholarship programs are in addition to the requirements for
14 private schools which are outlined in s. 1002.42, specific
15 requirements under laws relating to various scholarship
16 programs, and other laws of this state which apply to private
17 schools.
18 (1) A private school in this state which participates
19 in the Corporate Tax Credit Scholarship Program, as defined in
20 s. 220.187, or in an educational scholarship program
21 established under chapter 1002 must comply with all
22 requirements of this section.
23 (2) A private school participating in a scholarship
24 program in this state:
25 (a) Must be a Florida private school as defined in s.
26 1002.01(2).
27 (b) Must comply with all state laws pertaining to
28 private schools.
29 (c) Must be a registered Florida private school in
30 accordance with s. 1002.42.
31 (d) Must maintain a physical location in this state
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1 where each scholarship student regularly attends classes.
2 (e) May not be a correspondence school or distance
3 learning school.
4 (f) May not direct or provide scholarship funds to a
5 parent of a scholarship student who receives instruction under
6 the program at home.
7 (g) May not be a home education program as defined in
8 s. 1002.01(1).
9 (h) May not be a private tutoring program as described
10 in s. 1002.43.
11 (i) Must comply with the anti-discrimination
12 provisions of 42 U.S.C. s. 2000d.
13 (j) Must notify the department of its intent to
14 participate in a scholarship program.
15 (k) Must notify the department of any change in the
16 school's name, school director, mailing address, or physical
17 location within 15 days after the change occurs.
18 (l) Must complete student-enrollment and
19 attendance-verification requirements, including an on-line
20 attendance-verification form, before a scholarship payment is
21 made.
22 (m) Must annually complete and submit to the
23 department a notarized scholarship compliance statement
24 certifying compliance with state laws relating to the
25 participation of private schools in the scholarship program.
26 (n) Must demonstrate fiscal soundness and
27 accountability by:
28 1. Having been in operation for at least 3 school
29 years or obtaining a surety bond or letter of credit for the
30 amount equal to the scholarship funds for any quarter and
31 filing the surety bond or letter of credit with the
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1 department.
2 2. Requiring the parent of each scholarship student to
3 personally restrictively endorse the scholarship warrant to
4 the school. The school may not act as the attorney in fact for
5 parents of a scholarship student under the authority of a
6 power of attorney executed by the parents, or under any other
7 authority, to endorse scholarship warrants on behalf of
8 parents.
9 (o) Must meet applicable state and local laws, codes,
10 and rules relating to health, safety, and welfare, including
11 those relating to firesafety and building safety.
12 (p) Must employ or contract with teachers who hold
13 baccalaureate or higher degrees, have at least 3 years of
14 teaching experience in public or private schools, or have at
15 least a high school diploma and special skills, knowledge, or
16 expertise that qualifies them to provide instruction in the
17 subjects that are being taught.
18 (q) Annually administer or make provisions for
19 scholarship students to take one of the nationally
20 norm-referenced tests identified by the State Board of
21 Education under s. 1002.423. Students with disabilities for
22 whom standardized testing is not appropriate are exempt from
23 this requirement. However, a private school must require each
24 student with a disability, for whom standardized testing is
25 not appropriate, to participate at least annually in a student
26 assessment which, as determined by the private school in
27 consultation with the student's parent, will demonstrate the
28 student's skill level to the student's parent. A private
29 school must report a student's scores to the parent and to the
30 independent private research organization selected by the
31 Department of Education under s. 1002.423.
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1 (r) Must ensure that each individual who has
2 unsupervised access to a scholarship student for whom the
3 private school is responsible, prior to employment, engagement
4 of services, or appointment, undergo background screening
5 under s. 435.04 by filing with the Department of Education a
6 complete set of fingerprints taken by an authorized law
7 enforcement agency or an employee of the private school who is
8 trained to take fingerprints. However, the complete set of
9 fingerprints for an owner of an eligible private school must
10 be taken by an authorized law enforcement agency. These
11 fingerprints must be submitted to the Department of Law
12 Enforcement for state processing, which shall in turn submit
13 the fingerprints to the Federal Bureau of Investigation for
14 federal processing. The Department of Education shall screen
15 the background results and report to the private school any
16 person described in this paragraph who fails to meet level 2
17 screening standards under s. 435.04. Any individual described
18 in this paragraph who fails the level 2 background screening
19 under s. 435.04 may not have unsupervised access to a
20 scholarship student. For purposes of this paragraph:
21 1. The cost of the fingerprinting and the background
22 check shall not be borne by the state.
23 2. A private school that allows an individual to have
24 unsupervised access to a scholarship student who failed the
25 level 2 background screening under s. 435.04 is ineligible to
26 participate in the scholarship program.
27 3. An individual holding a valid teaching certificate
28 in this state who has been fingerprinted pursuant to s.
29 1012.32 need not comply with this paragraph.
30 (3) The inability of a private school to meet the
31 requirements of this section constitutes a basis for the
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1 ineligibility of the private school to participate in a
2 scholarship program as determined by the department.
3 (4)(a) The State Board of Education shall adopt rules
4 under ss. 120.536(1) and 120.54 to administer this section.
5 (b) The inclusion of eligible private schools in the
6 options available to public school students in this state does
7 not expand the regulatory authority of the state, its
8 officers, or any school district to impose any additional
9 regulations upon private schools beyond those reasonably
10 necessary to enforce requirements expressly set forth in this
11 section.
12 Section 6. Section 1002.423, Florida Statutes, is
13 created to read:
14 1002.423 Department of Education; obligations for
15 state school choice scholarship programs.--The requirements
16 imposed under this section apply to all state choice
17 scholarship programs, including the Corporate Tax Credit
18 Scholarship Program, as defined in s. 220.187, or an
19 educational scholarship program established under this
20 chapter.
21 (a) The Department of Education must identify all
22 nationally norm-referenced tests that are comparable to the
23 norm-referenced test portions of the Florida Comprehensive
24 Assessment Test (FCAT).
25 (b) The Department of Education must select an
26 independent private research organization to which each
27 participating private school must report the scores of
28 participating students on the nationally norm-referenced tests
29 administered by the private school. The independent private
30 research organization must annually report to the Department
31 of Education on the year-to-year improvements of the
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1 participating students. The independent private research
2 organization must analyze and report student performance data
3 in a manner that protects the rights of students and parents
4 as mandated in the Family Educational Rights and Privacy Act
5 requirements of 20 U.S.C. s. 1232g and must not disaggregate
6 data to a level that will disclose the academic level of
7 students. To the maximum extent possible, the independent
8 private research organization must accumulate historical
9 performance data for students from the Department of Education
10 and private schools to describe baseline performance and to
11 conduct longitudinal studies. To minimize costs and reduce the
12 time required for third-party analysis and evaluation, the
13 Department of Education shall conduct analyses of matched
14 students from public school assessment data and calculate
15 control group learning gains using an agreed-upon methodology
16 outlined in the contract with the third-party evaluator. The
17 sharing of student data must be in accordance with the Family
18 Educational Rights and Privacy Act requirements of 20 U.S.C.
19 s. 1232g and must be for the sole purpose of conducting the
20 evaluation. All parties must preserve the confidentiality of
21 such information as otherwise required under state and federal
22 law.
23 Section 7. Paragraph (b) of subsection (2) of section
24 1003.03, Florida Statutes, is amended to read:
25 1003.03 Maximum class size.--
26 (2) IMPLEMENTATION.--
27 (b) Determination of the number of students per
28 classroom in paragraph (a) shall be calculated as follows:
29 1. For fiscal years 2003-2004 through 2006-2007
30 2005-2006, the calculation for compliance for each of the 3
31 grade groupings shall be the average at the district level.
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1 2. For fiscal year years 2006-2007 through 2007-2008,
2 the calculation for compliance for each of the 3 grade
3 groupings shall be the average at the school level.
4 3. For fiscal years 2008-2009, 2009-2010, and
5 thereafter, the calculation for compliance shall be at the
6 individual classroom level.
7 Section 8. Section 1003.035, Florida Statutes, is
8 created to read:
9 1003.035 District average class size requirements.--
10 (1) CONSTITUTIONAL CLASS SIZE REQUIREMENTS.--Pursuant
11 to s. 1, Art. IX of the State Constitution, beginning in the
12 2007-2008 school year:
13 (a) The district average number of students assigned
14 to each teacher who is teaching core-curricula courses in
15 public school classrooms for prekindergarten through grade 3
16 may not exceed 18 students.
17 (b) The district average number of students assigned
18 to each teacher who is teaching core-curricula courses in
19 public school classrooms for grades 4 through 8 may not exceed
20 22 students.
21 (c) The district average number of students assigned
22 to each teacher who is teaching core-curricula courses in
23 public school classrooms for grades 9 through 12 may not
24 exceed 25 students.
25
26 However, in no event shall any such classroom exceed five
27 students over the district average allowable maximum.
28 (2) IMPLEMENTATION.--
29 (a) Beginning with the 2006-2007 fiscal year, each
30 school district that is not in compliance with the
31 requirements in subsection (1) shall reduce the district
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1 average class size in each of the following grade groupings:
2 prekindergarten through grade 3, grade 4 through grade 8, and
3 grade 9 through grade 12, by at least two students each year
4 until the district average class size does not exceed the
5 requirements in subsection (1).
6 (b) The Department of Education shall annually
7 calculate each school district's average class size for each
8 of the grade groupings specified in paragraph (a) based upon
9 the October student membership survey.
10 (3) IMPLEMENTATION OPTIONS.--District school boards
11 must consider, but are not limited to, implementing the
12 following items in order to meet the constitutional district
13 average class size requirements described in subsection (1)
14 and the two-student-per-year reduction required in subsection
15 (2):
16 (a) Adopt policies to encourage qualified students to
17 take dual enrollment courses.
18 (b) Adopt policies to encourage students to take
19 courses from the Florida Virtual School.
20 (c)1. Repeal district school board policies that
21 require students to have more than 24 credits to graduate from
22 high school.
23 2. Adopt policies to allow students to graduate from
24 high school as soon as they pass the grade 10 FCAT and
25 complete the courses required for high school graduation.
26 (d) Use methods to maximize use of instructional
27 staff, such as changing required teaching loads and scheduling
28 of planning periods, deploying district employees that have
29 professional certification to the classroom, using adjunct
30 educators, or any other method not prohibited by law.
31 (e) Use innovative methods to reduce the cost of
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1 school construction by using prototype school designs, using
2 SMART Schools designs, participating in the School
3 Infrastructure Thrift Program, or any other method not
4 prohibited by law.
5 (f) Use joint-use facilities through partnerships with
6 community colleges, state universities, and private colleges
7 and universities. Joint-use facilities available for use as
8 K-12 classrooms that do not meet the K-12 State Regulations
9 for Educational Facilities in the Florida Building Code may be
10 used at the discretion of the district school board if such
11 facilities meet all other health, life, safety, and fire
12 codes.
13 (g) Adopt alternative methods of class scheduling,
14 such as block scheduling.
15 (h) Redraw school attendance zones to maximize use of
16 facilities while minimizing the additional use of
17 transportation.
18 (i) Operate schools beyond the normal operating hours
19 to provide classes in the evening or operate more than one
20 session of school during the day.
21 (j) Use year-round schools and other nontraditional
22 calendars that do not adversely impact annual assessment of
23 student achievement.
24 (k) Review and consider amending any collective
25 bargaining contracts that hinder the implementation of class
26 size reduction.
27 (l) Use any other approach not prohibited by law.
28 (4) ACCOUNTABILITY.--
29 (a) If the department determines for any year that a
30 school district has not reduced average class size as required
31 in subsection (2) at the time of the third FEFP calculation,
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1 the department shall calculate an amount from the class size
2 reduction operating categorical which is proportionate to the
3 amount of class size reduction not accomplished. Upon
4 verification of the department's calculation by the Florida
5 Education Finance Program Appropriation Allocation Conference,
6 the Executive Office of the Governor shall transfer
7 undistributed funds equivalent to the calculated amount from
8 the district's class size reduction operating categorical to
9 an approved fixed capital outlay appropriation for class size
10 reduction in the affected district pursuant to s. 216.292(13).
11 The amount of funds transferred shall be the lesser of the
12 amount verified by the Florida Education Finance Program
13 Appropriation Allocation Conference or the undistributed
14 balance of the district's class size reduction operating
15 categorical. However, based upon a recommendation by the
16 Commissioner of Education that the State Board of Education
17 has reviewed evidence indicating that a district has been
18 unable to meet class size reduction requirements despite
19 appropriate efforts to do so, the Legislative Budget
20 Commission may approve an alternative amount of funds to be
21 transferred from the district's class size reduction operating
22 categorical to its approved fixed capital outlay account for
23 class size reduction.
24 (b) Beginning in the 2007-2008 school year, the
25 department shall determine by January 15 of each year which
26 districts do not meet the requirements of subsection (1) based
27 upon the district's October student membership survey for the
28 current school year. The department shall report such
29 districts to the Legislature. Each district that has not met
30 the requirements of subsection (1) shall be required to
31 implement one of the following policies in the subsequent
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1 school year unless the department finds that the district
2 comes into compliance based upon the February student
3 membership survey:
4 1. Year-round schools;
5 2. Double sessions;
6 3. Rezoning; or
7 4. Maximizing use of instructional staff by changing
8 required teacher loads and scheduling of planning periods,
9 deploying school district employees who have professional
10 certification to the classroom, using adjunct educators,
11 operating schools beyond the normal operating hours to provide
12 classes in the evening, or operating more than one session
13 during the day.
14
15 A school district that is required to implement one of the
16 policies outlined in subparagraphs 1. through 4. shall correct
17 in the year of implementation any past deficiencies and bring
18 the district into compliance with the requirements of
19 subsection (1). A school district may choose to implement more
20 than one of these policies. The district school superintendent
21 shall report to the Commissioner of Education the extent to
22 which the district implemented any of the policies outlined in
23 subparagraphs 1. through 4. in a format to be specified by the
24 Commissioner of Education. The Department of Education shall
25 use the enforcement authority provided in s. 1008.32 to ensure
26 that districts comply with the provisions of this paragraph.
27 (c) Beginning in the 2008-2009 school year, the
28 department shall annually determine which districts do not
29 meet the requirements described in subsection (1) based upon
30 the October student membership survey. In addition to
31 enforcement authority provided in s. 1008.32, the Department
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1 of Education shall develop a constitutional compliance plan
2 for each such district which includes, but is not limited to,
3 redrawing school attendance zones to maximize use of
4 facilities while minimizing the additional use of
5 transportation and the other accountability policies listed in
6 paragraph (b). Each district school board shall implement the
7 constitutional compliance plan developed by the state board in
8 the subsequent school year until the district complies with
9 the constitutional district average class size requirements.
10 Section 9. Subsection (3) of section 1003.05, Florida
11 Statutes, is amended to read:
12 1003.05 Assistance to transitioning students from
13 military families.--
14 (3) Dependent children of active duty military
15 personnel who otherwise meet the eligibility criteria for
16 special academic programs offered through public schools shall
17 be given first preference for admission to such programs even
18 if the program is being offered through a public school other
19 than the school to which the student would generally be
20 assigned and the school at which the program is being offered
21 has reached its maximum enrollment. If such a program is
22 offered through a public school other than the school to which
23 the student would generally be assigned, the parent or
24 guardian of the student must assume responsibility for
25 transporting the student to that school. For purposes of this
26 subsection, special academic programs include charter schools,
27 magnet schools, advanced studies programs, advanced placement,
28 dual enrollment, and International Baccalaureate.
29 Section 10. Section 1003.413, Florida Statutes, is
30 created to read:
31 1003.413 High school reform.--
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1 (1) This section may be cited as the "High School
2 Reform Act."
3 (2) Beginning with the 2005-2006 school year, each
4 school district shall establish policies to assist high school
5 students to remain in school, graduate on time, and be
6 prepared for postsecondary education and the workforce. The
7 policies must address:
8 (a) Intensive reading remediation for students in
9 grades 9 through 12 scoring below Level 3 on FCAT Reading.
10 (b) Credit recovery options and course scheduling
11 designed to allow high school students to earn credit for
12 failed courses so that they are able to graduate on time.
13 (c) Immediate and frequent notification to parents of
14 students who are in danger of not graduating from high school.
15 (d) Placement in alternative programs, such as
16 programs that emphasize applied integrated curricula, small
17 learning communities, support services, increased discipline,
18 or other strategies documented to improve student achievement.
19 (e) Summer reading institutes for rising ninth graders
20 scoring below Level 3 on FCAT Reading.
21
22 A student's participation in an instructional or remediation
23 program prior to or immediately following entering grade 9 for
24 the first time shall not affect that student's classification
25 as a first-time ninth grader for reporting purposes, including
26 calculation of graduation and dropout rates.
27 Section 11. High School Reform Task Force.--
28 (1) There is created the High School Reform Task
29 Force. The task force shall work in conjunction with the
30 Southern Regional Education Board and shall be
31 administratively supported by the office of the Chancellor for
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1 K-12 Public Schools in the Department of Education and the
2 Just Read, Florida! Office. Appointments to the task force
3 shall be coordinated to ensure that the membership reflects
4 the geographic and cultural diversity of Florida's school age
5 population. The task force shall be abolished upon submission
6 of its report.
7 (2)(a) The Commissioner of Education shall appoint
8 members of the task force from the following categories and
9 shall appoint the chair of the task force from its membership.
10 1. Two district school superintendents, one who is
11 from a large urban school district and one who is from a
12 small, rural school district.
13 2. One school board member who is from a medium size
14 school district.
15 3. Three public school principals, one from a large
16 high performing high school, one from a vocational technical
17 high school, and one from a lower performing high school.
18 4. Three public high school teachers, one who is an
19 experienced reading teacher, one who is from a school graded
20 "F," and one who is from a high performing school.
21 5. Three parents of public high school students who
22 represent the demographic, racial, and ethnic diversity of the
23 state.
24 6. Three public high school students who represent the
25 demographic, racial and ethnic diversity of the state.
26 7. One representative of the business community.
27 8. One administrator from a charter high school
28 serving students who are at risk of dropping out of school.
29 9. One expert on the subject of high school reform who
30 does not otherwise fall inside one of the enumerated
31 categories.
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1 (b) The President of the Senate shall appoint one
2 member of the Senate to serve on the task force and the
3 Speaker of the House of Representatives shall appoint one
4 member of the House of Representatives to serve on the task
5 force.
6 (3) Not later than January 1, 2006, the task force
7 shall vote on the final report incorporating recommendations
8 and a long-term plan for high school reform.
9 (4) Not later than February 1, 2006, the task force
10 shall recommend to the Governor, the President of the Senate,
11 and the Speaker of the House of Representatives a long-term
12 plan for revisions to statutes, rules, and policies that will
13 improve Florida's grade 9 retention rate, graduation rate,
14 dropout rate, and college remediation rate, and align high
15 school requirements with the needs of Florida's employers and
16 postsecondary educational institution requirements. The plan
17 must address, but is not limited to addressing: graduation
18 requirements; course redesign; remediation strategies; credit
19 recovery; use of alternative programs including programs
20 emphasizing applied integrated curricula, small learning
21 communities, support services, or increased discipline; the
22 use of technology; adjustments to the school grading system to
23 reflect learning gains by high school students; middle school
24 systemic alignment; transition from middle school to high
25 school; alignment with postsecondary and workforce education
26 requirements; and alignment with employer expectations.
27 Section 12. Subsection (6) of section 1003.415,
28 Florida Statutes, is repealed, and subsection (2), paragraph
29 (a) of subsection (5), and paragraph (a) of present subsection
30 (7) of that section are amended, to read:
31 1003.415 The Middle Grades Reform Act.--
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1 (2) PURPOSE AND INTENT.--
2 (a) The purpose of this section is to provide added
3 focus and rigor to academics in the middle grades. Using
4 reading as the foundation, all middle grade students should
5 receive rigorous academic instruction through challenging
6 curricula delivered by highly qualified teachers in schools
7 with outstanding leadership, which schools are supported by
8 engaged and informed parents.
9 (b) It is the intent of the Legislature that students
10 promoted from the eighth grade will be ready for success in
11 high school and that the mission of the middle grades is to
12 prepare students for the successful completion of rigorous
13 courses in high school.
14 (5) RIGOROUS READING REQUIREMENT.--
15 (a) Beginning with the 2004-2005 school year, Each
16 public school serving middle grade students, including charter
17 schools, with fewer than 75 percent of its students reading at
18 or above grade level in grade 6, grade 7, or grade 8 as
19 measured by a student scoring at Level 3 or above on the FCAT
20 during the prior school year, must incorporate by October 1 a
21 rigorous reading requirement for reading and language arts
22 programs as the primary component of its school improvement
23 plan. The department shall annually provide to each district
24 school board by June 30 a list of its schools that are
25 required to incorporate a rigorous reading requirement as the
26 primary component of the school's improvement plan. The
27 department shall provide technical assistance to school
28 districts and school administrators required to implement the
29 rigorous reading requirement.
30 (6) COMPREHENSIVE REFORM STUDY ON THE ACADEMIC
31 PERFORMANCE OF STUDENTS AND SCHOOLS.--
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1 (a) The department shall conduct a study on how the
2 overall academic performance of middle grade students and
3 schools can be improved. The department must consult with the
4 Florida Center for Reading Research at Florida State
5 University, the Just Read, Florida! Office, and key education
6 stakeholders, including district school board members,
7 district school superintendents, principals, parents,
8 teachers, district supervisors of curriculum, and students
9 across the state, in the development of its findings and
10 recommendations. The department shall review, at a minimum,
11 each of the following elements:
12 1. Academic expectations, which include, but are not
13 limited to:
14 a. Alignment of middle school expectations with
15 elementary and high school graduation requirements.
16 b. Best practices to improve reading and language arts
17 courses based on research-based programs for middle school
18 students in alignment with the Sunshine State Standards.
19 c. Strategies that focus on improving academic success
20 for low-performing students.
21 d. Rigor of curricula and courses.
22 e. Instructional materials.
23 f. Course enrollment by middle school students.
24 g. Student support services.
25 h. Measurement and reporting of student achievement.
26 2. Attendance policies and student mobility issues.
27 3. Teacher quality, which includes, but is not limited
28 to:
29 a. Preparedness of teachers to teach rigorous courses
30 to middle school students.
31 b. Teacher evaluations.
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1 c. Substitute teachers.
2 d. Certification and recertification requirements.
3 e. Staff development requirements.
4 f. Availability of effective staff development
5 training.
6 g. Teacher recruitment and vacancy issues.
7 h. Federal requirements for highly qualified teachers
8 pursuant to the No Child Left Behind Act of 2001.
9 4. Identification and availability of diagnostic
10 testing.
11 5. Availability of personnel and scheduling issues.
12 6. Middle school leadership and performance.
13 7. Parental and community involvement.
14 (b) By December 1, 2004, the Commissioner of Education
15 shall submit to the President of the Senate, the Speaker of
16 the House of Representatives, the chairs of the education
17 committees in the Senate and the House of Representatives, and
18 the State Board of Education recommendations to increase the
19 academic performance of middle grade students and schools.
20 (6)(7) PERSONALIZED MIDDLE SCHOOL SUCCESS PLAN.--
21 (a) Beginning with the 2004-2005 school year, Each
22 principal of a school with a middle grade shall designate
23 certified staff members at the school to develop and
24 administer a personalized middle school success plan for each
25 entering sixth grade student who scored below Level 3 in
26 reading on the most recently administered FCAT. The purpose of
27 the success plan is to assist the student in meeting state and
28 school district expectations in academic proficiency and to
29 prepare the student for a rigorous high school curriculum. The
30 success plan shall be developed in collaboration with the
31 student and his or her parent and must be implemented until
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1 the student completes the eighth grade or achieves a score at
2 Level 3 or above in reading on the FCAT, whichever occurs
3 first. The success plan must minimize paperwork and may be
4 incorporated into a parent/teacher conference, included as
5 part of a progress report or report card, included as part of
6 a general orientation at the beginning of the school year, or
7 provided by electronic mail or other written correspondence.
8 Section 13. Section 1003.4155, Florida Statutes, is
9 created to read:
10 1003.4155 Middle school grading system.--The grading
11 system and interpretation of letter grades used in grades 6
12 through 8 shall be as follows:
13 (1) Grade "A" equals 90 percent through 100 percent,
14 has a grade point average value of 4, and is defined as
15 "outstanding progress."
16 (2) Grade "B" equals 80 percent through 89 percent,
17 has a grade point average value of 3, and is defined as "above
18 average progress."
19 (3) Grade "C" equals 70 percent through 79 percent,
20 has a grade point average value of 2, and is defined as
21 "average progress."
22 (4) Grade "D" equals 60 percent through 69 percent,
23 has a grade point average value of 1, and is defined as
24 "lowest acceptable progress."
25 (5) Grade "F" equals zero percent through 59 percent,
26 has a grade point average value of zero, and is defined as
27 "failure."
28 (6) Grade "I" equals zero percent, has a grade point
29 average value of zero, and is defined as "incomplete."
30 Section 14. Section 1003.4156, Florida Statutes, is
31 created to read:
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1 1003.4156 General requirements for middle school
2 promotion.--
3 (1) Beginning with students entering grade 6 in the
4 2005-2006 school year, promotion from a middle school, grades
5 6 through 8, requires the successful completion of 12 academic
6 credits, including:
7 (a) Three middle school or higher credits in
8 English/language arts.
9 (b) Three middle school or higher credits in
10 mathematics.
11 (c) Three middle school or higher credits in social
12 studies.
13 (d) Three middle school or higher credits in science.
14
15 Other courses offered in middle school, including music, band,
16 physical education, and art, shall be considered electives.
17 (2) In addition to the credits required under
18 subsection (1), for each year a student scores at Level 1 or 2
19 on the reading portion of the FCAT, the student must be
20 enrolled the following year in a full-year intensive reading
21 course for which the student may earn up to three credits. The
22 intensive reading course must be based on frameworks developed
23 by the Florida Center for Reading Research, or a comparable
24 course as identified by the Department of Education, which
25 includes an emphasis on integration of core curriculum
26 standards and incorporation of informational and expository
27 text.
28 (3) In addition to the credits required under
29 subsection (1), for each year a student scores at Level 3 on
30 the reading portion of the FCAT, the student must be enrolled
31 the following year in a one-semester intensive reading course.
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1 The reading course must be based on frameworks developed by
2 the Florida Center for Reading Research, or a comparable
3 course as identified by the Department of Education, which
4 includes an emphasis on integration of core curriculum
5 standards and incorporation of informational and expository
6 text.
7 (4) One full credit must entail completing a minimum
8 of 135 hours of instruction in a designated course of study
9 which contains standards for student performance. For schools
10 authorized by the district school board to implement block
11 scheduling, one full credit must entail completing a minimum
12 of 120 hours of instruction in a designated course of study
13 which contains standards for student performance.
14 (5) District school boards shall establish policies to
15 allow alternative methods for students to earn the credits
16 required by this section. The alternative methods must
17 include, but are not limited to, opportunities for students
18 to:
19 (a) Recover credits;
20 (b) Be promoted on time to high school; and
21 (c) Be placed in programs that emphasize applied
22 integrated curricula, small learning communities, support
23 services, increased discipline, or other strategies documented
24 to improve student achievement.
25
26 The district's policy, or amendments to the policy, shall be
27 submitted to the State Board of Education for approval. If the
28 State Board of Education does not take action within 60 days
29 following receipt of the proposed policy, the policy shall
30 stand approved.
31 (6) The State Board of Education shall adopt rules
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1 under ss. 120.536(1) and 120.54 to provide for alternative
2 middle school promotion standards for students in grade 6,
3 grade 7, or grade 8 who are not enrolled in a school that has
4 a grade 6 through grade 8 middle school configuration.
5 Section 15. Section 1003.42, Florida Statutes, is
6 amended to read:
7 1003.42 Required instruction.--
8 (1) Each district school board shall provide all
9 courses required for high school graduation and appropriate
10 instruction designed to ensure that students meet State Board
11 of Education adopted standards in the following subject areas:
12 reading and other language arts, mathematics, science, social
13 studies, foreign languages, health and physical education, and
14 the arts.
15 (2) Members of the instructional staff of the public
16 schools, subject to the rules of the State Board of Education
17 and the district school board, shall teach efficiently and
18 faithfully, using the books and materials required that meet
19 the highest standards for professionalism and historic
20 accuracy, following the prescribed courses of study, and
21 employing approved methods of instruction, the following:
22 (a) The history and content of the Declaration of
23 Independence, including national sovereignty, natural law,
24 self-evident truth, equality of all persons, limited
25 government, popular sovereignty, and inalienable rights of
26 life, liberty, and property, and how they form it forms the
27 philosophical foundation of our government.
28 (b) The history, meaning, significance, and effect of
29 the provisions of the Constitution of the United States and
30 amendments thereto, with emphasis on each of the 10 amendments
31 that make up the Bill of Rights and how the constitution
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1 provides the structure of our government.
2 (c)(b) The arguments in support of adopting our
3 republican form of government, as they are embodied in the
4 most important of the Federalist Papers.
5 (c) The essentials of the United States Constitution
6 and how it provides the structure of our government.
7 (d) Flag education, including proper flag display and
8 flag salute.
9 (e) The elements of civil government, including the
10 primary functions of and interrelationships between the
11 Federal Government, the state, and its counties,
12 municipalities, school districts, and special districts.
13 (f) The history of the United States, including the
14 period of discovery, early colonies, the War for Independence,
15 the Civil War, the expansion of the United States to its
16 present boundaries, the world wars, and the civil rights
17 movement to the present. American history shall be viewed as
18 factual, not as constructed, shall be viewed as knowable,
19 teachable, and testable, and shall be defined as the creation
20 of a new nation based largely on the universal principles
21 stated in the Declaration of Independence.
22 (g)(f) The history of the Holocaust (1933-1945), the
23 systematic, planned annihilation of European Jews and other
24 groups by Nazi Germany, a watershed event in the history of
25 humanity, to be taught in a manner that leads to an
26 investigation of human behavior, an understanding of the
27 ramifications of prejudice, racism, and stereotyping, and an
28 examination of what it means to be a responsible and
29 respectful person, for the purposes of encouraging tolerance
30 of diversity in a pluralistic society and for nurturing and
31 protecting democratic values and institutions.
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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 (s)(q) A character-development program in the
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1 elementary schools, similar to Character First or Character
2 Counts, which is secular in nature and stresses such character
3 qualities as attentiveness, patience, and initiative.
4 Beginning in school year 2004-2005, the character-development
5 program shall be required in kindergarten through grade 12.
6 Each district school board shall develop or adopt a curriculum
7 for the character-development program that shall be submitted
8 to the department for approval. The character-development
9 curriculum shall stress the qualities of patriotism;,
10 responsibility;, citizenship;, kindness;, respect for
11 authority, life, liberty, and personal property;, honesty;
12 charity;, self-control;, racial, ethnic, and religious
13 tolerance;, and cooperation.
14 (t)(r) In order to encourage patriotism, the
15 sacrifices that veterans have made in serving our country and
16 protecting democratic values worldwide. Such instruction must
17 occur on or before Veterans' Day and Memorial Day. Members of
18 the instructional staff are encouraged to use the assistance
19 of local veterans when practicable.
20
21 The State Board of Education is encouraged to adopt standards
22 and pursue assessment of the requirements of this subsection.
23 (3) Any student whose parent makes written request to
24 the school principal shall be exempted from the teaching of
25 reproductive health or any disease, including HIV/AIDS, its
26 symptoms, development, and treatment. A student so exempted
27 may not be penalized by reason of that exemption. Course
28 descriptions for comprehensive health education shall not
29 interfere with the local determination of appropriate
30 curriculum which reflects local values and concerns.
31 Section 16. Subsection (15) of section 1003.52,
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1 Florida Statutes, is amended to read:
2 1003.52 Educational services in Department of Juvenile
3 Justice programs.--
4 (15)(a) The Department of Education shall, for
5 students in juvenile justice education programs, develop
6 procedures to accurately report student academic performance
7 data and the assessment participation rates that are used to
8 determine adequate yearly progress under Pub. L. No. 107-110.
9 The procedures must include an opportunity for validation of
10 the data by schools that provide educational services to
11 students in programs of the Department of Juvenile Justice.
12 (b) The Department of Education in consultation with
13 the Department of Juvenile Justice, district school boards,
14 and providers shall establish objective and measurable quality
15 assurance standards for the educational component of
16 residential and nonresidential juvenile justice facilities.
17 These standards shall rate the district school board's
18 performance both as a provider and contractor. The quality
19 assurance rating for the educational component shall be
20 disaggregated from the overall quality assurance score and
21 reported separately.
22 (c)(b) The Department of Education shall develop a
23 comprehensive quality assurance review process and schedule
24 for the evaluation of the educational component in juvenile
25 justice programs. The Department of Juvenile Justice quality
26 assurance site visit and the education quality assurance site
27 visit shall be conducted during the same visit.
28 (d)(c) The Department of Education, in consultation
29 with district school boards and providers, shall establish
30 minimum thresholds for the standards and key indicators for
31 educational programs in juvenile justice facilities. If a
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1 district school board fails to meet the established minimum
2 standards, it will be given 6 months to achieve compliance
3 with the standards. If after 6 months, the district school
4 board's performance is still below minimum standards, the
5 Department of Education shall exercise sanctions as prescribed
6 by rules adopted by the State Board of Education. If a
7 provider, under contract with the district school board, fails
8 to meet minimum standards, such failure shall cause the
9 district school board to cancel the provider's contract unless
10 the provider achieves compliance within 6 months or unless
11 there are documented extenuating circumstances.
12 Section 17. Section 1003.57, Florida Statutes, is
13 amended to read:
14 1003.57 Exceptional students instruction.--
15 (1) Each district school board shall provide for an
16 appropriate program of special instruction, facilities, and
17 services for exceptional students as prescribed by the State
18 Board of Education as acceptable, including provisions that:
19 (a)(1) The district school board provide the necessary
20 professional services for diagnosis and evaluation of
21 exceptional students.
22 (b)(2) The district school board provide the special
23 instruction, classes, and services, either within the district
24 school system, in cooperation with other district school
25 systems, or through contractual arrangements with approved
26 private schools or community facilities that meet standards
27 established by the commissioner.
28 (c)(3) The district school board annually provide
29 information describing the Florida School for the Deaf and the
30 Blind and all other programs and methods of instruction
31 available to the parent of a sensory-impaired student.
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1 (d)(4) The district school board, once every 3 years,
2 submit to the department its proposed procedures for the
3 provision of special instruction and services for exceptional
4 students.
5 (e)(5) A No student may not be given special
6 instruction or services as an exceptional student until after
7 he or she has been properly evaluated, classified, and placed
8 in the manner prescribed by rules of the State Board of
9 Education. The parent of an exceptional student evaluated and
10 placed or denied placement in a program of special education
11 shall be notified of each such evaluation and placement or
12 denial. Such notice shall contain a statement informing the
13 parent that he or she is entitled to a due process hearing on
14 the identification, evaluation, and placement, or lack
15 thereof. Such hearings shall be exempt from the provisions of
16 ss. 120.569, 120.57, and 286.011, except to the extent that
17 the State Board of Education adopts rules establishing other
18 procedures and any records created as a result of such
19 hearings shall be confidential and exempt from the provisions
20 of s. 119.07(1). The hearing must be conducted by an
21 administrative law judge from the Division of Administrative
22 Hearings of the Department of Management Services. The
23 decision of the administrative law judge shall be final,
24 except that any party aggrieved by the finding and decision
25 rendered by the administrative law judge shall have the right
26 to bring a civil action in the circuit court. In such an
27 action, the court shall receive the records of the
28 administrative hearing and shall hear additional evidence at
29 the request of either party. In the alternative, any party
30 aggrieved by the finding and decision rendered by the
31 administrative law judge shall have the right to request an
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1 impartial review of the administrative law judge's order by
2 the district court of appeal as provided by s. 120.68.
3 Notwithstanding any law to the contrary, during the pendency
4 of any proceeding conducted pursuant to this section, unless
5 the district school board and the parents otherwise agree, the
6 student shall remain in his or her then-current educational
7 assignment or, if applying for initial admission to a public
8 school, shall be assigned, with the consent of the parents, in
9 the public school program until all such proceedings have been
10 completed.
11 (f)(6) In providing for the education of exceptional
12 students, the district school superintendent, principals, and
13 teachers shall utilize the regular school facilities and adapt
14 them to the needs of exceptional students to the maximum
15 extent appropriate. Segregation of exceptional students shall
16 occur only if the nature or severity of the exceptionality is
17 such that education in regular classes with the use of
18 supplementary aids and services cannot be achieved
19 satisfactorily.
20 (g)(7) In addition to the services agreed to in a
21 student's individual education plan, the district school
22 superintendent shall fully inform the parent of a student
23 having a physical or developmental disability of all available
24 services that are appropriate for the student's disability.
25 The superintendent shall provide the student's parent with a
26 summary of the student's rights.
27 (2)(a) An exceptional student with a disability who
28 resides in a residential facility and receives special
29 instruction or services is considered a resident of the state
30 in which the student's parent or guardian is a resident. The
31 cost of such instruction, facilities, and services for a
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1 nonresident student with a disability shall be provided by the
2 placing authority in the student's state of residence, such as
3 a public school entity, other placing authority, or parent. A
4 nonresident student with a disability may not be reported by
5 any school district for FTE funding in the Florida Education
6 Finance Program.
7 (b) The Department of Education shall provide to each
8 school district a statement of the specific limitations of the
9 district's financial obligation for exceptional students with
10 disabilities under federal and state law. The department shall
11 also provide to each school district technical assistance as
12 necessary for developing a local plan to impose on a student's
13 home state the fiscal responsibility for educating a
14 nonresident exceptional student with a disability.
15 (c) The Department of Education shall develop a
16 process by which a school district must, before providing
17 services to an exceptional student with a disability who
18 resides in a residential facility in this state, review the
19 residency of the student. The residential facility, not the
20 district, is responsible for billing and collecting from a
21 nonresidential student's home state payment for the student's
22 educational and related services.
23 (d) This subsection applies to any nonresident student
24 with a disability who resides in a residential facility and
25 who receives instruction as an exceptional student with a
26 disability in any type of residential facility in this state,
27 including, but not limited to, a public school, a private
28 school, a group home facility as defined in s. 393.063, an
29 intensive residential treatment program for children and
30 adolescents as defined in s. 395.002, a facility as defined in
31 s. 394.455, an intermediate care facility for the
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1 developmentally disabled or ICF/DD as defined in s. 393.063 or
2 s. 400.960, or a community residential home as defined in s.
3 419.001.
4 Section 18. Section 1003.575, Florida Statutes, is
5 created to read:
6 1003.575 Individual education plans for exceptional
7 students.--The Department of Education shall devise an
8 individual education plan (IEP) form for use in developing and
9 implementing individual education plans for exceptional
10 students. The IEP form must have a streamlined format; and, to
11 provide for the use of an existing IEP form when a student
12 transfers from one school district to another, the IEP form
13 developed by the department shall be used in each school
14 district in the state.
15 Section 19. Section 1003.58, Florida Statutes, is
16 amended to read:
17 1003.58 Students in residential care facilities.--Each
18 district school board shall provide educational programs
19 according to rules of the State Board of Education to students
20 who reside in residential care facilities operated by the
21 Department of Children and Family Services.
22 (1) The district school board shall not be charged any
23 rent, maintenance, utilities, or overhead on such facilities.
24 Maintenance, repairs, and remodeling of existing facilities
25 shall be provided by the Department of Children and Family
26 Services.
27 (2) If additional facilities are required, the
28 district school board and the Department of Children and
29 Family Services shall agree on the appropriate site based on
30 the instructional needs of the students. When the most
31 appropriate site for instruction is on district school board
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1 property, a special capital outlay request shall be made by
2 the commissioner in accordance with s. 1013.60. When the most
3 appropriate site is on state property, state capital outlay
4 funds shall be requested by the Department of Children and
5 Family Services as provided by s. 216.043 and shall be
6 submitted as specified by s. 216.023. Any instructional
7 facility to be built on state property shall have educational
8 specifications jointly developed by the school district and
9 the Department of Children and Family Services and approved by
10 the Department of Education. The size of space and occupant
11 design capacity criteria as provided by state board rules
12 shall be used for remodeling or new construction whether
13 facilities are provided on state property or district school
14 board property. The planning of such additional facilities
15 shall incorporate current Department of Children and Family
16 Services deinstitutionalization plans.
17 (3) The district school board shall have full and
18 complete authority in the matter of the assignment and
19 placement of such students in educational programs. The parent
20 of an exceptional student shall have the same due process
21 rights as are provided under s. 1003.57(1)(e) s. 1003.57(5).
22 (4) The district school board shall have a written
23 agreement with the Department of Children and Family Services
24 outlining the respective duties and responsibilities of each
25 party.
26
27 Notwithstanding the provisions herein, the educational program
28 at the Marianna Sunland Center in Jackson County shall be
29 operated by the Department of Education, either directly or
30 through grants or contractual agreements with other public or
31 duly accredited educational agencies approved by the
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1 Department of Education.
2 Section 20. Present subsection (13) of section
3 1004.04, Florida Statutes, is redesignated as subsection (14),
4 and a new subsection (13) is added to that section, to read:
5 1004.04 Public accountability and state approval for
6 teacher preparation programs.--
7 (13) RESEARCH.--The Council for Education Policy
8 Research and Improvement shall review and report on the
9 effectiveness of the graduates of state-approved teacher
10 preparation programs and state-approved alternative
11 certification programs as demonstrated by the progress of
12 their students on statewide assessments.
13 Section 21. Section 1004.64, Florida Statutes, is
14 created to read:
15 1004.64 Florida Center for Reading Research.--There is
16 created, as a joint project between the College of Arts and
17 Sciences and the Learning Systems Institute (LSI) at the
18 Florida State University, the Florida Center for Reading
19 Research (FCRR). The center is administratively housed within
20 the LSI and shall:
21 (1) Provide technical assistance and support to all
22 school districts and schools in this state in the
23 implementation of evidence-based literacy instruction,
24 assessments, and programs.
25 (2) Conduct applied research that will have an
26 immediate impact on policy and practices related to literacy
27 instruction and assessment in this state.
28 (3) Conduct basic research on reading, reading growth,
29 reading assessment, and reading instruction which will
30 contribute to scientific knowledge about reading.
31 (4) Develop frameworks for comprehensive reading
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1 intervention courses for possible use in middle schools and
2 secondary schools.
3 (5) Disseminate information about research-based
4 practices related to literacy instruction, assessment, and
5 programs for students in preschool through grade 12.
6 (6) Collect, manage, and report on assessment
7 information from screening, progress monitoring, and outcome
8 assessments through the Florida Progress Monitoring and
9 Reporting Network. The network is a statewide resource that is
10 operated to provide valid and timely reading assessment data
11 for parents, teachers, principals, and district-level and
12 state-level staff in the management of instruction at the
13 individual, classroom, and school levels.
14 Section 22. Section 1008.22, Florida Statutes, is
15 amended to read:
16 1008.22 Student assessment program for public
17 schools.--
18 (1) PURPOSE.--The primary purposes of the student
19 assessment program are to provide information needed to
20 improve the public schools by enhancing the learning gains of
21 all students and to inform parents of the educational progress
22 of their public school children. The program must be designed
23 to:
24 (a) Assess the annual learning gains of each student
25 toward achieving the Sunshine State Standards appropriate for
26 the student's grade level.
27 (b) Provide data for making decisions regarding school
28 accountability and recognition.
29 (c) Identify the educational strengths and needs of
30 students and the readiness of students to be promoted to the
31 next grade level or to graduate from high school with a
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1 standard high school diploma.
2 (d) Assess how well educational goals and performance
3 standards are met at the school, district, and state levels.
4 (e) Provide information to aid in the evaluation and
5 development of educational programs and policies.
6 (f) Provide information on the performance of Florida
7 students in this state compared with other students others
8 across the United States.
9 (2) INTENT.--
10 (a) It is the intent of the Legislature that the
11 Department of Education pursue innovations in technology and
12 assessment to allow the Florida Comprehensive Assessment Test
13 (FCAT) to be administered as late as possible in the school
14 year with scores received before the end of the school year.
15 The department shall pursue such innovations to the extent
16 funded by the Legislature. Annually, the Commissioner of
17 Education shall report to the Governor, the President of the
18 Senate, and the Speaker of the House of Representatives on the
19 state of the art in large-scale on-line assessment
20 capabilities of the industry and of the capacity of the public
21 schools in this state to implement a statewide program.
22 (b) It is the further intent of the Legislature that
23 the Department of Education make accessible to the public
24 copies of actual scored FCAT test items when sufficient items
25 are available through the test-item databank to ensure the
26 security and validity of the test. The department shall
27 provide such FCAT test items to the extent that sufficient
28 items are funded by the Legislature. However, this paragraph
29 does not apply to those provisions of the FCAT to which the
30 department does not hold the copyright.
31 (3)(2) NATIONAL EDUCATION COMPARISONS.--It is
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1 Florida's intent to participate in the measurement of national
2 educational goals. The Commissioner of Education shall direct
3 Florida school districts to participate in the administration
4 of the National Assessment of Educational Progress, or a
5 similar national assessment program, both for the national
6 sample and for any state-by-state comparison programs which
7 may be initiated. Such assessments must be conducted using the
8 data collection procedures, the student surveys, the educator
9 surveys, and other instruments included in the National
10 Assessment of Educational Progress or similar program being
11 administered in Florida. The results of these assessments
12 shall be included in the annual report of the Commissioner of
13 Education specified in this section. The administration of the
14 National Assessment of Educational Progress or similar program
15 shall be in addition to and separate from the administration
16 of the statewide assessment program.
17 (4)(3) STATEWIDE ASSESSMENT PROGRAM.--The commissioner
18 shall design and implement a statewide program of educational
19 assessment that provides information for the improvement of
20 the operation and management of the public schools, including
21 schools operating for the purpose of providing educational
22 services to youth in Department of Juvenile Justice programs.
23 The commissioner may enter into contracts for the continued
24 administration of the assessment, testing, and evaluation
25 programs authorized and funded by the Legislature. Contracts
26 may be initiated in 1 fiscal year and continue into the next
27 and may be paid from the appropriations of either or both
28 fiscal years. The commissioner is authorized to negotiate for
29 the sale or lease of tests, scoring protocols, test scoring
30 services, and related materials developed pursuant to law.
31 Pursuant to the statewide assessment program, the commissioner
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1 shall:
2 (a) Submit to the State Board of Education a list that
3 specifies student skills and competencies to which the goals
4 for education specified in the state plan apply, including,
5 but not limited to, reading, writing, science, and
6 mathematics. The skills and competencies must include
7 problem-solving and higher-order skills as appropriate and
8 shall be known as the Sunshine State Standards as defined in
9 s. 1000.21. The commissioner shall select such skills and
10 competencies after receiving recommendations from educators,
11 citizens, and members of the business community. The
12 commissioner shall submit to the State Board of Education
13 revisions to the list of student skills and competencies in
14 order to maintain continuous progress toward improvements in
15 student proficiency.
16 (b) Develop and implement a uniform system of
17 indicators to describe the performance of public school
18 students and the characteristics of the public school
19 districts and the public schools. These indicators must
20 include, without limitation, information gathered by the
21 comprehensive management information system created pursuant
22 to s. 1008.385 and student achievement information obtained
23 pursuant to this section.
24 (c) Develop and implement a student achievement
25 testing program known as the Florida Comprehensive Assessment
26 Test (FCAT) as part of the statewide assessment program, to be
27 administered annually in grades 3 through 10 to measure
28 reading, writing, science, and mathematics. Other content
29 areas may be included as directed by the commissioner. The
30 assessment of reading and math shall be administered annually
31 in grades 3 through 10. The assessment of writing and science
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1 shall be administered at least once at the elementary school
2 level, at least once at the middle school level, and at least
3 once at the high school level. The testing program must be
4 designed so that:
5 1. The tests measure student skills and competencies
6 adopted by the State Board of Education as specified in
7 paragraph (a). The tests must measure and report student
8 proficiency levels in reading, writing, mathematics, and
9 science. The commissioner shall provide for the tests to be
10 developed or obtained, as appropriate, through contracts and
11 project agreements with private vendors, public vendors,
12 public agencies, postsecondary educational institutions, or
13 school districts. The commissioner shall obtain input with
14 respect to the design and implementation of the testing
15 program from state educators and the public.
16 2. The testing program will include a combination of
17 norm-referenced and criterion-referenced tests and include, to
18 the extent determined by the commissioner, questions that
19 require the student to produce information or perform tasks in
20 such a way that the skills and competencies he or she uses can
21 be measured.
22 3. Each testing program, whether at the elementary,
23 middle, or high school level, includes a test of writing in
24 which students are required to produce writings that are then
25 scored by appropriate methods.
26 4. A score is designated for each subject area tested,
27 below which score a student's performance is deemed
28 inadequate. The school districts shall provide appropriate
29 remedial instruction to students who score below these levels.
30 5. Except as provided in s. 1003.43(11)(b), students
31 must earn a passing score on the grade 10 assessment test
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1 described in this paragraph or on an alternate assessment as
2 described in subsection (9) in reading, writing, and
3 mathematics to qualify for a regular high school diploma. The
4 State Board of Education shall designate a passing score for
5 each part of the grade 10 assessment test. In establishing
6 passing scores, the state board shall consider any possible
7 negative impact of the test on minority students. All students
8 who took the grade 10 FCAT during the 2000-2001 school year
9 shall be required to earn the passing scores in reading and
10 mathematics established by the State Board of Education for
11 the March 2001 test administration. Such students who did not
12 earn the established passing scores and must repeat the grade
13 10 FCAT are required to earn the passing scores established
14 for the March 2001 test administration. All students who take
15 the grade 10 FCAT for the first time in March 2002 shall be
16 required to earn the passing scores in reading and mathematics
17 established by the State Board of Education for the March 2002
18 test administration. The State Board of Education shall adopt
19 rules that which specify the passing scores for the grade 10
20 FCAT. Any such rules, which have the effect of raising the
21 required passing scores, shall only apply only to students
22 taking the grade 10 FCAT for the first time after such rules
23 are adopted by the State Board of Education.
24 6. Participation in the testing program is mandatory
25 for all students attending public school, including students
26 served in Department of Juvenile Justice programs, except as
27 otherwise prescribed by the commissioner. If a student does
28 not participate in the statewide assessment, the district must
29 notify the student's parent and provide the parent with
30 information regarding the implications of such
31 nonparticipation. If modifications are made in the student's
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1 instruction to provide accommodations that would not be
2 permitted on the statewide assessment tests, the district must
3 notify the student's parent of the implications of such
4 instructional modifications. A parent must provide signed
5 consent for a student to receive instructional modifications
6 that would not be permitted on the statewide assessments and
7 must acknowledge in writing that he or she understands the
8 implications of such accommodations. The State Board of
9 Education shall adopt rules, based upon recommendations of the
10 commissioner, for the provision of test accommodations and
11 modifications of procedures as necessary for students in
12 exceptional education programs and for students who have
13 limited English proficiency. Accommodations that negate the
14 validity of a statewide assessment are not allowable.
15 7. A student seeking an adult high school diploma must
16 meet the same testing requirements that a regular high school
17 student must meet.
18 8. District school boards must provide instruction to
19 prepare students to demonstrate proficiency in the skills and
20 competencies necessary for successful grade-to-grade
21 progression and high school graduation. If a student is
22 provided with accommodations or modifications that are not
23 allowable in the statewide assessment program, as described in
24 the test manuals, the district must inform the parent in
25 writing and must provide the parent with information regarding
26 the impact on the student's ability to meet expected
27 proficiency levels in reading, writing, and math. The
28 commissioner shall conduct studies as necessary to verify that
29 the required skills and competencies are part of the district
30 instructional programs.
31 9. The Department of Education must develop, or
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1 select, and implement a common battery of assessment tools
2 that will be used in all juvenile justice programs in the
3 state. These tools must accurately measure the skills and
4 competencies established in the Florida Sunshine State
5 Standards.
6
7 The commissioner may design and implement student testing
8 programs, for any grade level and subject area, necessary to
9 effectively monitor educational achievement in the state.
10 (d) Conduct ongoing research to develop improved
11 methods of assessing student performance, including, without
12 limitation, the use of technology to administer tests, score,
13 or report the results of, the use of electronic transfer of
14 data, the development of work-product assessments, and the
15 development of process assessments.
16 (e) Conduct ongoing research into and analysis of
17 student achievement data, including, without limitation,
18 monitoring trends in student achievement by grade level and
19 overall student achievement, identifying school programs that
20 are successful, and analyzing correlates of school
21 achievement.
22 (f) Provide technical assistance to school districts
23 in the implementation of state and district testing programs
24 and the use of the data produced pursuant to such programs.
25 (5)(4) DISTRICT TESTING PROGRAMS.--Each district
26 school board shall periodically assess student performance and
27 achievement within each school of the district. The assessment
28 programs must be based upon local goals and objectives that
29 are compatible with the state plan for education and that
30 supplement the skills and competencies adopted by the State
31 Board of Education. All school districts must participate in
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1 the statewide assessment program designed to measure annual
2 student learning and school performance. All district school
3 boards shall report assessment results as required by the
4 state management information system.
5 (6)(5) SCHOOL TESTING PROGRAMS.--Each public school
6 shall participate in the statewide assessment program, unless
7 specifically exempted by state board rule based on serving a
8 specialized population for which standardized testing is not
9 appropriate. Student performance data shall be analyzed and
10 reported to parents, the community, and the state. Student
11 performance data shall be used in developing objectives of the
12 school improvement plan, evaluation of instructional
13 personnel, evaluation of administrative personnel, assignment
14 of staff, allocation of resources, acquisition of
15 instructional materials and technology, performance-based
16 budgeting, and promotion and assignment of students into
17 educational programs. The analysis of student performance data
18 also must identify strengths and needs in the educational
19 program and trends over time. The analysis must be used in
20 conjunction with the budgetary planning processes developed
21 pursuant to s. 1008.385 and the development of the programs of
22 remediation.
23 (7)(6) REQUIRED ANALYSES.--The commissioner shall
24 provide, at a minimum, for the following analyses of data
25 produced by the student achievement testing program:
26 (a) The statistical system for the annual assessments
27 shall use measures of student learning, such as the FCAT, to
28 determine teacher, school, and school district statistical
29 distributions, which shall be determined using available data
30 from the FCAT, and other data collection as deemed appropriate
31 by the Department of Education, to measure the differences in
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1 student prior year achievement compared to the current year
2 achievement for the purposes of accountability and
3 recognition.
4 (b) The statistical system shall provide the best
5 estimates of teacher, school, and school district effects on
6 student progress. The approach used by the department shall be
7 approved by the commissioner before implementation.
8 (c) The annual testing program shall be administered
9 to provide for valid statewide comparisons of learning gains
10 to be made for purposes of accountability and recognition. The
11 commissioner shall establish a schedule for the administration
12 of the statewide assessments. In establishing such schedule,
13 the commissioner is charged with the duty to accomplish the
14 latest possible administration of the statewide assessments
15 and the earliest possible provision of the results to the
16 school districts feasible within available technology and
17 specific appropriation. District school boards shall not
18 establish school calendars that jeopardize or limit the valid
19 testing and comparison of student learning gains.
20 (8)(7) LOCAL ASSESSMENTS.--Measurement of the learning
21 gains of students in all subjects and grade levels other than
22 subjects and grade levels required for the state student
23 achievement testing program is the responsibility of the
24 school districts.
25 (9)(8) APPLICABILITY OF TESTING STANDARDS.--A student
26 must meet the testing requirements for high school graduation
27 that were in effect at the time the student entered 9th grade,
28 provided the student's enrollment was continuous.
29 (10)(9) EQUIVALENCIES FOR STANDARDIZED TESTS.--
30 (a) The Commissioner of Education shall approve the
31 use of the SAT and ACT tests as alternative assessments to the
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1 grade 10 FCAT for the 2003-2004 school year. Students who
2 attain scores on the SAT or ACT which equate to the passing
3 scores on the grade 10 FCAT for purposes of high school
4 graduation shall satisfy the assessment requirement for a
5 standard high school diploma as provided in s. 1003.429(6)(a)
6 or s. 1003.43(5)(a) for the 2003-2004 school year if the
7 students meet the requirement in paragraph (b).
8 (b) A student shall be required to take the grade 10
9 FCAT a total of three times without earning a passing score in
10 order to use the scores on an alternative assessment pursuant
11 to paragraph (a). This requirement shall not apply to a
12 student who is a new student to the public school system in
13 grade 12.
14 (11)(10) RULES.--The State Board of Education shall
15 adopt rules under pursuant to ss. 120.536(1) and 120.54 to
16 implement the provisions of this section.
17 Section 23. Subsection (8) of section 1008.25, Florida
18 Statutes, is amended, and subsection (11) is added to that
19 section, to read:
20 1008.25 Public school student progression; remedial
21 instruction; reporting requirements.--
22 (8) ANNUAL REPORT.--
23 (a) In addition to the requirements in paragraph
24 (5)(b), each district school board must annually report to the
25 parent of each student the progress of the student toward
26 achieving state and district expectations for proficiency in
27 reading, writing, science, and mathematics. The district
28 school board must report to the parent the student's results
29 on each statewide assessment test. The evaluation of each
30 student's progress must be based upon the student's classroom
31 work, observations, tests, district and state assessments, and
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1 other relevant information. Progress reporting must be
2 provided to the parent in writing in a format adopted by the
3 district school board.
4 (b) Beginning with the 2001-2002 school year, Each
5 district school board must annually publish in the local
6 newspaper, and report in writing to the State Board of
7 Education by September 1 of each year, the following
8 information on the prior school year:
9 1. The provisions of this section relating to public
10 school student progression and the district school board's
11 policies and procedures on student retention and promotion.
12 2. By grade, the number and percentage of all students
13 in grades 3 through 10 performing at Levels 1 and 2 on the
14 reading portion of the FCAT.
15 3. By grade, the number and percentage of all students
16 retained in grades 3 through 10.
17 4. Information on the total number of students who
18 were promoted for good cause, by each category of good cause
19 as specified in paragraph (6)(b).
20 5. Any revisions to the district school board's policy
21 on student retention and promotion from the prior year.
22 (c) The Department of Education shall establish a
23 uniform format in which school districts must report such
24 information. The department shall annually compile the
25 information required under subparagraphs (b)2., 3., and 4.,
26 along with state-level summary information, and shall report
27 the information to the Governor, the President of the Senate,
28 and the Speaker of the House of Representatives.
29 (11) REPORTS.--The Department of Education shall
30 annually provide to the Governor, the President of the Senate,
31 and the Speaker of the House of Representatives a report on:
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1 (a) The longitudinal performance of students in math
2 and reading.
3 (b) The longitudinal performance of students by grade
4 level in math and reading.
5 (c) The longitudinal performance regarding efforts to
6 close the achievement gap.
7 (d) The longitudinal performance of students on the
8 norm-referenced component of the FCAT.
9 (e) Other student performance data based on national
10 norm-referenced and criterion-referenced tests, when
11 available.
12 Section 24. Section 1008.31, Florida Statutes, is
13 amended to read:
14 1008.31 Florida's K-20 education performance
15 accountability system; legislative intent; public
16 accountability and reporting performance-based funding;
17 mission, goals, and systemwide measures.--
18 (1) LEGISLATIVE INTENT.--It is the intent of the
19 Legislature that:
20 (a) The performance accountability system implemented
21 to assess the effectiveness of Florida's seamless K-20
22 education delivery system provide answers to the following
23 questions in relation to its mission and goals:
24 1. What is the public receiving in return for funds it
25 invests in education?
26 2. How effectively is Florida's K-20 education system
27 educating its students?
28 3. How effectively are the major delivery sectors
29 promoting student achievement?
30 4. How are individual schools and postsecondary
31 education institutions performing their responsibility to
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1 educate their students as measured by how students are
2 exhibiting performing and how much they are learning?
3 (b) The K-20 education performance accountability
4 system be established as a single, unified accountability
5 system with multiple components, including, but not limited
6 to, measures of adequate yearly progress, individual student
7 learning gains in public schools, school grades, and return on
8 investment.
9 (c) The K-20 education performance accountability
10 system comply with the accountability requirements of the "No
11 Child Left Behind Act of 2001," Pub. L. No. 107-110.
12 (d) The State Board of Education recommend to the
13 Legislature systemwide performance standards; the Legislature
14 establish systemwide performance measures and standards; and
15 the systemwide measures and standards provide Floridians with
16 information on what the public is receiving in return for the
17 funds it invests in education and how well the K-20 system
18 educates its students.
19 (e) The State Board of Education establish performance
20 measures and set performance standards for individual
21 components of the public education system, including
22 individual schools and community colleges postsecondary
23 educational institutions, with measures and standards based
24 primarily on student achievement.
25 (f) The Board of Governors establish performance
26 measures and set performance standards for state universities,
27 with measures and standards based primarily on student access
28 and achievement. Measures should encourage the seamless
29 transition of students from one educational level to the next
30 and be consistent with other educational accountability
31 measures.
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1 (2) PERFORMANCE-BASED FUNDING.--
2 (a) The State Board of Education shall cooperate with
3 each delivery system to develop proposals for
4 performance-based funding, using performance measures adopted
5 pursuant to this section.
6 (b) The State Board of Education proposals must
7 provide that at least 10 percent of the state funds
8 appropriated for the K-20 education system are conditional
9 upon meeting or exceeding established performance standards.
10 (c) The State Board of Education shall adopt
11 guidelines required to implement performance-based funding
12 that allow 1 year to demonstrate achievement of specified
13 performance standards prior to a reduction in appropriations
14 pursuant to this section.
15 (d) By December 1, 2003, the State Board of Education
16 shall adopt common definitions, measures, standards, and
17 performance improvement targets required to:
18 1. Use the state core measures and the sector-specific
19 measures to evaluate the progress of each sector of the
20 educational delivery system toward meeting the systemwide
21 goals for public education.
22 2. Notify the sectors of their progress in achieving
23 the specified measures so that they may develop improvement
24 plans that directly influence decisions about policy, program
25 development, and management.
26 3. Implement the performance-based budgeting system
27 described in this section.
28 (e) During the 2003-2004 fiscal year, the Department
29 of Education shall collect data required to establish
30 progress, rewards, and sanctions.
31 (f) By December 1, 2004, the Department of Education
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1 shall recommend to the Legislature a formula for
2 performance-based funding that applies accountability
3 standards for the individual components of the public
4 education system at every level, kindergarten through graduate
5 school. Effective for the 2004-2005 fiscal year and
6 thereafter, subject to annual legislative approval in the
7 General Appropriations Act, performance-based funds shall be
8 allocated based on the progress, rewards, and sanctions
9 established pursuant to this section.
10 (2)(3) MISSION, GOALS, AND SYSTEMWIDE MEASURES.--
11 (a) The mission of Florida's K-20 education system
12 shall be to increase the proficiency of all students within
13 one seamless, efficient system, by allowing them the
14 opportunity to expand their knowledge and skills through
15 learning opportunities and research valued by students,
16 parents, and communities.
17 (b) The State Board of Education shall adopt guiding
18 principles for establishing state and sector-specific
19 standards and measures must assure that the process is:.
20 1. Focused on student success;
21 2. Actionable, in that an educational entity can
22 affect the outcomes through policy and program changes;
23 3. High-quality and efficient;
24 4. Measurable over time;
25 5. Simple to explain and display to the public; and
26 6. Aligned with other measures and other sectors to
27 support a coordinated K-20 education system.
28 (c) The Department State Board of Education shall
29 maintain an accountability system that measures student
30 progress toward the following goals:
31 1. Highest student achievement, as indicated by
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1 evidence of student learning gains at all levels measured by:
2 student FCAT performance and annual learning gains; the number
3 and percentage of schools that improve at least one school
4 performance grade designation or maintain a school performance
5 grade designation of "A" pursuant to s. 1008.34; graduation or
6 completion rates at all learning levels; and other measures
7 identified in law or rule.
8 2. Seamless articulation and maximum access, as
9 measured by evidence of progression and readiness and evidence
10 of access by targeted groups of students identified by the
11 commissioner: the percentage of students who demonstrate
12 readiness for the educational level they are entering, from
13 kindergarten through postsecondary education and into the
14 workforce; the number and percentage of students needing
15 remediation; the percentage of Floridians who complete
16 associate, baccalaureate, graduate, professional, and
17 postgraduate degrees; the number and percentage of credits
18 that articulate; the extent to which each set of exit-point
19 requirements matches the next set of entrance-point
20 requirements; the degree to which underserved populations
21 access educational opportunity; the extent to which access is
22 provided through innovative educational delivery strategies;
23 and other measures identified in law or rule.
24 3. Skilled workforce and economic development, as
25 measured by evidence of employment and earnings: the number
26 and percentage of graduates employed in their areas of
27 preparation; the percentage of Floridians with high school
28 diplomas and postsecondary education credentials; the
29 percentage of business and community members who find that
30 Florida's graduates possess the skills they need; national
31 rankings; and other measures identified in law or rule.
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1 4. Quality efficient services, as measured by evidence
2 of return on investment: cost per completer or graduate;
3 average cost per noncompleter at each educational level; cost
4 disparity across institutions offering the same degrees; the
5 percentage of education customers at each educational level
6 who are satisfied with the education provided; and other
7 measures identified in law or rule.
8 (3)(4) K-20 EDUCATION DATA QUALITY IMPROVEMENT.--To
9 provide data required to implement education performance
10 accountability measures in state and federal law, the
11 commissioner shall initiate and maintain strategies to improve
12 data quality and timeliness.
13 (a) SYSTEMWIDE DATA COLLECTION.--School districts and
14 public postsecondary educational institutions shall maintain
15 information systems that will provide the State Board of
16 Education, the Board of Governors, and the Legislature with
17 information and reports necessary to address the
18 specifications of the accountability system. The State Board
19 of Education shall determine the standards for the required
20 data. The level of comprehensiveness and quality shall be no
21 less than that which was available as of June 30, 2001.
22 (b) The Commissioner of Education shall determine the
23 standards for the required data, monitor data quality, and
24 measure improvements. The commissioner shall report annually
25 to the Legislature, the State Board of Education, and the
26 Board of Governors data quality indicators and ratings for all
27 public postsecondary education institutions and school
28 districts.
29 (4) RULES.--The State Board of Education shall adopt
30 rules under ss. 120.536(1) and 120.54 to implement this
31 section.
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1 Section 25. Section 1008.33, Florida Statutes, is
2 amended to read:
3 1008.33 Authority to enforce public school
4 improvement.--It is the intent of the Legislature that all
5 public schools be held accountable for students performing at
6 acceptable levels. A system of school improvement and
7 accountability that assesses student performance by school,
8 identifies schools in which students are not making adequate
9 progress toward state standards, institutes appropriate
10 measures for enforcing improvement, and provides rewards and
11 sanctions based on performance shall be the responsibility of
12 the State Board of Education.
13 (1) Pursuant to Art. IX of the State Constitution
14 prescribing the duty of the State Board of Education to
15 supervise Florida's public school system and notwithstanding
16 any other statutory provisions to the contrary, the State
17 Board of Education shall intervene in the operation of a
18 district school system when one or more schools in the school
19 district have failed to make adequate progress for 2 school
20 years in a 4-year period. For purposes of determining when a
21 school is eligible for state board action and opportunity
22 scholarships for its students, the terms "2 years in any
23 4-year period" and "2 years in a 4-year period" mean that in
24 any year that a school has a grade of "F," the school is
25 eligible for state board action and opportunity scholarships
26 for its students if it also has had a grade of "F" in any of
27 the previous 3 school years. The State Board of Education may
28 determine that the school district or school has not taken
29 steps sufficient for students in the school to be academically
30 well served. Considering recommendations of the Commissioner
31 of Education, the State Board of Education shall recommend
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1 action to a district school board intended to improve
2 educational services to students in each school that is
3 designated with a grade of as performance grade category "F."
4 Recommendations for actions to be taken in the school district
5 shall be made only after thorough consideration of the unique
6 characteristics of a school, which shall include student
7 mobility rates, the number and type of exceptional students
8 enrolled in the school, and the availability of options for
9 improved educational services. The state board shall adopt by
10 rule steps to follow in this process. Such steps shall
11 provide school districts sufficient time to improve student
12 performance in schools and the opportunity to present evidence
13 of assistance and interventions that the district school board
14 has implemented.
15 (2) The State Board of Education may recommend one or
16 more of the following actions to district school boards to
17 enable students in schools designated with a grade of as
18 performance grade category "F" to be academically well served
19 by the public school system:
20 (a) Provide additional resources, change certain
21 practices, and provide additional assistance if the state
22 board determines the causes of inadequate progress to be
23 related to school district policy or practice;
24 (b) Implement a plan that satisfactorily resolves the
25 education equity problems in the school;
26 (c) Contract for the educational services of the
27 school, or reorganize the school at the end of the school year
28 under a new school principal who is authorized to hire new
29 staff and implement a plan that addresses the causes of
30 inadequate progress;
31 (d) Transfer high-quality teachers, faculty, and staff
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1 to improve the performance of students in any low-performing
2 school;
3 (e)(d) Allow parents of students in the school to send
4 their children to another district school of their choice; or
5 (f)(e) Other action appropriate to improve the
6 school's performance.
7 (3) In recommending actions to district school boards,
8 the State Board of Education shall specify the length of time
9 available to implement the recommended action. The State
10 Board of Education may adopt rules to further specify how it
11 may respond in specific circumstances. No Action taken by the
12 State Board of Education does not shall relieve a school from
13 state accountability requirements.
14 (4) The State Board of Education may require the
15 Department of Education or Chief Financial Officer to withhold
16 any transfer of state funds to the school district if, within
17 the timeframe specified in state board action, the school
18 district has failed to comply with the action ordered to
19 improve the district's low-performing schools. Withholding The
20 transfer of funds may be withheld shall occur only after all
21 other recommended actions for school improvement have failed
22 to improve performance. The State Board of Education may
23 impose the same penalty on any district school board that
24 fails to develop and implement a plan for assistance and
25 intervention for low-performing schools as specified in s.
26 1001.42(16)(c).
27 Section 26. Section 1008.34, Florida Statutes, is
28 amended to read:
29 1008.34 School grading system; school report cards;
30 district performance grade.--
31 (1) ANNUAL REPORTS.--The Commissioner of Education
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1 shall prepare annual reports of the results of the statewide
2 assessment program which describe student achievement in the
3 state, each district, and each school. The commissioner shall
4 prescribe the design and content of these reports, which must
5 include, without limitation, descriptions of the performance
6 of all schools participating in the assessment program and all
7 of their major student populations as determined by the
8 Commissioner of Education, and must also include the median
9 scores of all eligible students who scored at or in the lowest
10 25th percentile of the state in the previous school year;
11 provided, however, that the provisions of s. 1002.22
12 pertaining to student records apply to this section.
13 (2) SCHOOL GRADES PERFORMANCE GRADE CATEGORIES.--The
14 annual report shall identify schools as having one of the
15 following grades being in one of the following grade
16 categories defined according to rules of the State Board of
17 Education:
18 (a) "A," schools making excellent progress.
19 (b) "B," schools making above average progress.
20 (c) "C," schools making satisfactory progress.
21 (d) "D," schools making less than satisfactory
22 progress.
23 (e) "F," schools failing to make adequate progress.
24
25 Each school designated with a grade of in performance grade
26 category "A," making excellent progress, or having improved at
27 least two grade levels performance grade categories, shall
28 have greater authority over the allocation of the school's
29 total budget generated from the FEFP, state categoricals,
30 lottery funds, grants, and local funds, as specified in state
31 board rule. The rule must provide that the increased budget
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1 authority shall remain in effect until the school's
2 performance grade declines.
3 (3) DESIGNATION OF SCHOOL GRADES PERFORMANCE GRADE
4 CATEGORIES.--School grades performance grade category
5 designations itemized in subsection (2) shall be based on the
6 following:
7 (a) Criteria Timeframes.--
8 1. School performance grade category designations
9 shall be based on the school's current year performance and
10 the school's annual learning gains.
11 2. A school's grade performance grade category
12 designation shall be based on a combination of:
13 1. Student achievement scores;,
14 2. Student learning gains as measured by annual FCAT
15 assessments in grades 3 through 10;, and
16 3. Improvement of the lowest 25th percentile of
17 students in the school in reading, math, or writing on the
18 FCAT, unless these students are exhibiting performing above
19 satisfactory performance.
20 (b) Schools to be graded.--All schools shall receive a
21 school grade except those alternative schools that receive a
22 school improvement rating pursuant to s. 1008.341. Alternative
23 schools may choose to receive a school grade pursuant to the
24 provisions of this section in lieu of a school improvement
25 rating described in s. 1008.341.
26 (c)(b) Student assessment data.--Student assessment
27 data used in determining school grades performance grade
28 categories shall include:
29 1. The aggregate scores of all eligible students
30 enrolled in the school who have been assessed on the FCAT.
31 2. The aggregate scores of all eligible students
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1 enrolled in the school who have been assessed on the FCAT,
2 including Florida Writes, and who have scored at or in the
3 lowest 25th percentile of students in the school in reading,
4 math, or writing, unless these students are exhibiting
5 performing above satisfactory performance.
6 3. The achievement scores and learning gains of
7 eligible students attending alternative schools that provide
8 dropout prevention and academic intervention services pursuant
9 to s. 1003.53. The term "eligible students" as used in this
10 subparagraph does not include students attending an
11 alternative school who are subject to district school board
12 policies for expulsion for repeated or serious offenses, who
13 are in dropout retrieval programs serving students who have
14 officially been designated as dropouts, and who are in the
15 programs operated or contracted by the Department of Juvenile
16 Justice. The student performance data for eligible students
17 identified in this subparagraph shall be included in
18 calculating the originating school's grade. For purposes of
19 this section and s. 1008.341, the term "originating school"
20 means the school that the student was attending when assigned
21 to an alternative school. If an alternative school chooses to
22 be graded pursuant to this section, student performance data
23 for eligible students identified in this subparagraph may not
24 be included in the originating school's grade, but shall be
25 included only in the calculation of the alternative school's
26 grade. School districts must ensure collaboration between the
27 originating school and the alternative school in order to
28 promote student success.
29
30 The Department of Education shall study the effects of
31 mobility on the performance of highly mobile students and
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1 recommend programs to improve the performance of such
2 students. The State Board of Education shall adopt appropriate
3 criteria for each school grade performance grade category. The
4 criteria must also give added weight to student achievement in
5 reading. Schools designated with a grade of as performance
6 grade category "C," making satisfactory progress, shall be
7 required to demonstrate that adequate progress has been made
8 by students in the school who are in the lowest 25th
9 percentile in reading, math, or writing on the FCAT, including
10 Florida Writes, unless these students are exhibiting
11 performing above satisfactory performance.
12 (4) SCHOOL IMPROVEMENT RATINGS.--The annual report
13 shall identify each school's performance as having improved,
14 remained the same, or declined. This school improvement rating
15 shall be based on a comparison of the current year's and
16 previous year's student and school performance data. Schools
17 that improve at least one performance grade category are
18 eligible for school recognition awards pursuant to s. 1008.36.
19 (5) SCHOOL REPORT CARD.--The Department of Education
20 shall annually develop in collaboration with the school
21 districts a school report card to be delivered to parents
22 throughout each school district. The report card must include
23 the school's grade, information regarding school improvement,
24 an explanation of school performance as evaluated by the
25 federal No Child Left Behind Act, and indicators of return on
26 investment. PERFORMANCE GRADE CATEGORY AND IMPROVEMENT RATING
27 REPORTS.--School performance grade category designations and
28 improvement ratings shall apply to each school's performance
29 for the year in which performance is measured. Each school's
30 report card designation and rating shall be published annually
31 by the Department of Education on the department's website,
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1 and the school district shall provide the report card to each
2 parent. Parents shall be entitled to an easy-to-read report
3 card about the designation and rating of the school in which
4 their child is enrolled.
5 (6) RULES.--The State Board of Education shall adopt
6 rules pursuant to ss. 120.536(1) and 120.54 to implement the
7 provisions of this section.
8 (6)(7) PERFORMANCE-BASED FUNDING.--The Legislature may
9 factor in the performance of schools in calculating any
10 performance-based funding policy that is provided for annually
11 in the General Appropriations Act.
12 (7)(8) DISTRICT PERFORMANCE GRADE.--The annual report
13 required by subsection (1) shall include district performance
14 grades, which shall consist of weighted district average
15 grades, by level, for all elementary schools, middle schools,
16 and high schools in the district. A district's weighted
17 average grade shall be calculated by weighting individual
18 school grades determined pursuant to subsection (2) by school
19 enrollment.
20 (8) The State Board of Education shall adopt rules
21 under ss. 120.536(1) and 120.54 to administer this section.
22 Section 27. Section 1008.341, Florida Statutes, is
23 created to read:
24 1008.341 School improvement rating for alternative
25 schools.--
26 (1) ANNUAL REPORTS.--The Commissioner of Education
27 shall prepare an annual report on the performance of each
28 school receiving a school improvement rating pursuant to this
29 section if the provisions of s. 1002.22 pertaining to student
30 records apply.
31 (2) SCHOOL IMPROVEMENT RATING.--Alternative schools
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1 that provide dropout prevention and academic intervention
2 services pursuant to s. 1003.53 may not receive a school grade
3 as described in s. 1008.34, but shall receive a school
4 improvement rating pursuant to this section. The school
5 improvement rating shall identify schools as having one of the
6 following ratings defined according to rules of the State
7 Board of Education:
8 (a) "Improving" schools with students making more
9 academic progress than when the students were served in their
10 home school.
11 (b) "Maintaining" schools with students making the
12 equivalent progress as when the students were served in their
13 home school.
14 (c) "Declining" schools with students making less
15 academic progress than when the students were served in their
16 home school.
17
18 The school improvement rating shall be based on a comparison
19 of the current year's and previous year's students and school
20 performance data. Schools that improve at least one level
21 pursuant to this section are eligible for school recognition
22 awards pursuant to s. 1008.36.
23 (3) DESIGNATION OF SCHOOL IMPROVEMENT RATING.--Student
24 assessment data used in determining an alternative school's
25 school improvement rating shall include:
26 (a) The aggregate scores of all eligible students who
27 were assigned to and enrolled in the school during the October
28 or February FTE counts, who have been assessed on the FCAT,
29 and who have FCAT or comparable scores for the preceding
30 school year.
31 (b) The aggregate scores of all eligible students who
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1 were assigned to and enrolled in the school during the October
2 or February FTE counts, who have been assessed on the FCAT,
3 including Florida Writes, and who have scored at or in the
4 lowest 25th percentile of students in the state on FCAT
5 Reading.
6
7 The scores of students who are subject to district school
8 board policies for expulsion for repeated or serious offenses,
9 who are in dropout retrieval programs serving students who
10 have officially been designated as dropouts, and who are in
11 programs operated and contracted by the Department of Juvenile
12 Justice may not be included in an alternative school's
13 improvement rating.
14 (4) IDENTIFICATION OF STUDENT LEARNING GAINS.--For all
15 alternative schools receiving a school improvement rating, the
16 Department of Education shall annually identify the percent of
17 students making learning gains as compared to the percent of
18 the same students making learning gains at their originating
19 school in the year before being assigned to the alternative
20 school.
21 (5) SCHOOL REPORT CARD.--The Department of Education
22 shall annually develop, in collaboration with the school
23 districts, a school report card for alternative schools to be
24 delivered to parents through each school district. The report
25 card shall include the school improvement rating,
26 identification of student learning gains, information
27 regarding school improvement, an explanation of school
28 performance as evaluated by the federal No Child Left Behind
29 Act of 2001, and indicators of return on investment.
30 (6) RULES.--The State Board of Education shall adopt
31 rules pursuant to ss. 120.536(1) and 120.54 to administer the
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1 provisions of this section.
2 Section 28. Section 1008.36, Florida Statutes, is
3 amended to read:
4 1008.36 Florida School Recognition Program.--
5 (1) The Legislature finds that there is a need for a
6 performance incentive program for outstanding faculty and
7 staff in highly productive schools. The Legislature further
8 finds that performance-based incentives are commonplace in the
9 private sector and should be infused into the public sector as
10 a reward for productivity.
11 (2) The Florida School Recognition Program is created
12 to provide financial awards to public schools that:
13 (a) Sustain high performance by receiving a school
14 grade of "A," making excellent progress; or
15 (b) Demonstrate exemplary improvement due to
16 innovation and effort by improving a letter grade.
17 (3) All public schools, including charter schools,
18 that receive a school grade pursuant to s. 1008.34 are
19 eligible to participate in the program. For purposes of this
20 section, a school serving any combination of kindergarten
21 through grade 3 students which does not receive a school grade
22 under s. 1008.34 shall be assigned the school performance
23 grade of the feeder pattern school designated by the
24 Department of Education and verified by the school district
25 and shall be eligible to participate in the program based upon
26 that feeder. A feeder school pattern is defined where at least
27 60 percent of the students in the school or schools servicing
28 a combination of kindergarten through grade 3 students are
29 scheduled to be assigned to the school receiving the school
30 grade. In addition, the feeder pattern school shall be subject
31 to the Opportunity Scholarship Program as defined in s.
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1 1002.38.
2 (4) All selected schools shall receive financial
3 awards depending on the availability of funds appropriated and
4 the number and size of schools selected to receive an award.
5 Funds must be distributed to the school's fiscal agent and
6 placed in the school's account and must be used for purposes
7 listed in subsection (5) as determined jointly by the school's
8 staff and school advisory council. If school staff and the
9 school advisory council cannot reach agreement by November 1,
10 the awards must be equally distributed to all classroom
11 teachers currently teaching in the school.
12 (5) School recognition awards must be used for the
13 following:
14 (a) Nonrecurring bonuses to the faculty and staff who
15 presently are employed at the school or who were employed at
16 the school during the year of improved performance;
17 (b) Nonrecurring expenditures for educational
18 equipment or materials to assist in maintaining and improving
19 student performance; or
20 (c) Temporary personnel for the school to assist in
21 maintaining and improving student performance.
22
23 Notwithstanding statutory provisions to the contrary,
24 incentive awards are not subject to collective bargaining.
25 Section 29. Paragraph (f) of subsection (1),
26 paragraphs (a) and (b) of subsection (4), and subsection (8)
27 of section 1011.62, Florida Statutes, are amended, present
28 paragraphs (o) through (r) of subsection (1) are redesignated
29 as paragraphs (p) through (s), respectively and a new
30 paragraph (o) is added to subsection (1), and present
31 subsection (9) of that section is redesignated as subsection
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1 (10), and a new subsection (9) is added to that section, to
2 read:
3 1011.62 Funds for operation of schools.--If the annual
4 allocation from the Florida Education Finance Program to each
5 district for operation of schools is not determined in the
6 annual appropriations act or the substantive bill implementing
7 the annual appropriations act, it shall be determined as
8 follows:
9 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
10 OPERATION.--The following procedure shall be followed in
11 determining the annual allocation to each district for
12 operation:
13 (f) Supplemental academic instruction; categorical
14 fund.--
15 1. There is created a categorical fund to provide
16 supplemental academic instruction to students in kindergarten
17 through grade 12. This paragraph may be cited as the
18 "Supplemental Academic Instruction Categorical Fund."
19 2. Categorical funds for supplemental academic
20 instruction shall be allocated annually to each school
21 district in the amount provided in the General Appropriations
22 Act. These funds shall be in addition to the funds
23 appropriated on the basis of FTE student membership in the
24 Florida Education Finance Program and shall be included in the
25 total potential funds of each district. These funds shall be
26 used to provide supplemental academic instruction to students
27 enrolled in the K-12 program. Supplemental instruction
28 strategies may include, but are not limited to: modified
29 curriculum, reading instruction, after-school instruction,
30 tutoring, mentoring, class size reduction, extended school
31 year, intensive skills development in summer school, and other
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1 methods for improving student achievement. Supplemental
2 instruction may be provided to a student in any manner and at
3 any time during or beyond the regular 180-day term identified
4 by the school as being the most effective and efficient way to
5 best help that student progress from grade to grade and to
6 graduate.
7 3. Effective with the 1999-2000 fiscal year, funding
8 on the basis of FTE membership beyond the 180-day regular term
9 shall be provided in the FEFP only for students enrolled in
10 juvenile justice education programs or in an education program
11 for juveniles under s. 985.223. Funding for instruction beyond
12 the regular 180-day school year for all other K-12 students
13 shall be provided through the supplemental academic
14 instruction categorical fund and other state, federal, and
15 local fund sources with ample flexibility for schools to
16 provide supplemental instruction to assist students in
17 progressing from grade to grade and graduating.
18 4. The Florida State University School, as a lab
19 school, is authorized to expend from its FEFP or Lottery
20 Enhancement Trust Fund allocation the cost to the student of
21 remediation in reading, writing, or mathematics for any
22 graduate who requires remediation at a postsecondary
23 educational institution.
24 5. Beginning in the 1999-2000 school year, dropout
25 prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
26 (b), and (c), and 1003.54 shall be included in group 1
27 programs under subparagraph (d)3.
28 (o) Calculation of additional full-time equivalent
29 membership for the Florida Virtual School.--The total reported
30 full-time equivalent student membership shall be multiplied by
31 0.118, and the value shall be added to the total full-time
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1 equivalent student membership.
2 (4) COMPUTATION OF DISTRICT REQUIRED LOCAL
3 EFFORT.--The Legislature shall prescribe the aggregate
4 required local effort for all school districts collectively as
5 an item in the General Appropriations Act for each fiscal
6 year. The amount that each district shall provide annually
7 toward the cost of the Florida Education Finance Program for
8 kindergarten through grade 12 programs shall be calculated as
9 follows:
10 (a) Estimated taxable value calculations.--
11 1.a. Not later than 2 working days prior to July 19,
12 the Department of Revenue shall certify to the Commissioner of
13 Education its most recent estimate of the taxable value for
14 school purposes in each school district and the total for all
15 school districts in the state for the current calendar year
16 based on the latest available data obtained from the local
17 property appraisers. Not later than July 19, the Commissioner
18 of Education shall compute a millage rate, rounded to the next
19 highest one one-thousandth of a mill, which, when applied to
20 95 percent of the estimated state total taxable value for
21 school purposes, would generate the prescribed aggregate
22 required local effort for that year for all districts. The
23 Commissioner of Education shall certify to each district
24 school board the millage rate, computed as prescribed in this
25 subparagraph, as the minimum millage rate necessary to provide
26 the district required local effort for that year.
27 b. The General Appropriations Act shall direct the
28 computation of the statewide adjusted aggregate amount for
29 required local effort for all school districts collectively
30 from ad valorem taxes to ensure that no school district's
31 revenue from required local effort millage will produce more
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1 than 90 percent of the district's total Florida Education
2 Finance Program calculation, and the adjustment of the
3 required local effort millage rate of each district that
4 produces more than 90 percent of its total Florida Education
5 Finance Program entitlement to a level that will produce only
6 90 percent of its total Florida Education Finance Program
7 entitlement in the July calculation.
8 2. As revised data are received from property
9 appraisers, the Department of Revenue shall amend the
10 certification of the estimate of the taxable value for school
11 purposes. The Commissioner of Education, in administering the
12 provisions of subparagraph (10)(a)2. subparagraph (9)(a)2.,
13 shall use the most recent taxable value for the appropriate
14 year.
15 (b) Final calculation.--
16 1. The Department of Revenue shall, upon receipt of
17 the official final assessed value of property from each of the
18 property appraisers, certify to the Commissioner of Education
19 the taxable value total for school purposes in each school
20 district, subject to the provisions of paragraph (d). The
21 commissioner shall use the official final taxable value for
22 school purposes for each school district in the final
23 calculation of the annual Florida Education Finance Program
24 allocations.
25 2. For the purposes of this paragraph, the official
26 final taxable value for school purposes shall be the taxable
27 value for school purposes on which the tax bills are computed
28 and mailed to the taxpayers, adjusted to reflect final
29 administrative actions of value adjustment boards and judicial
30 decisions pursuant to part I of chapter 194. By September 1 of
31 each year, the Department of Revenue shall certify to the
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1 commissioner the official prior year final taxable value for
2 school purposes. For each county that has not submitted a
3 revised tax roll reflecting final value adjustment board
4 actions and final judicial decisions, the Department of
5 Revenue shall certify the most recent revision of the official
6 taxable value for school purposes. The certified value shall
7 be the final taxable value for school purposes, and no further
8 adjustments shall be made, except those made pursuant to
9 subparagraph (10)(a)2 subparagraph (9)(a)2.
10 (8) QUALITY ASSURANCE GUARANTEE.--The Legislature may
11 annually in the General Appropriations Act determine a
12 percentage increase in funds per K-12 unweighted FTE as a
13 minimum guarantee to each school district. The guarantee shall
14 be calculated from prior year base funding per unweighted FTE
15 student which shall include the adjusted FTE dollars as
16 provided in subsection (10)(9), quality guarantee funds, and
17 actual nonvoted discretionary local effort from taxes. From
18 the base funding per unweighted FTE, the increase shall be
19 calculated for the current year. The current year funds from
20 which the guarantee shall be determined shall include the
21 adjusted FTE dollars as provided in subsection (10) (9) and
22 potential nonvoted discretionary local effort from taxes. A
23 comparison of current year funds per unweighted FTE to prior
24 year funds per unweighted FTE shall be computed. For those
25 school districts which have less than the legislatively
26 assigned percentage increase, funds shall be provided to
27 guarantee the assigned percentage increase in funds per
28 unweighted FTE student. Should appropriated funds be less than
29 the sum of this calculated amount for all districts, the
30 commissioner shall prorate each district's allocation. This
31 provision shall be implemented to the extent specifically
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1 funded.
2 (9) RESEARCH-BASED READING-INSTRUCTION ALLOCATION.--
3 (a) There is created the Research-Based
4 Reading-Instruction Allocation to provide comprehensive
5 reading instruction to students in kindergarten through grade
6 12.
7 (b) Funds for comprehensive, research-based reading
8 instruction shall be allocated annually to each school
9 district in the amount provided in the General Appropriations
10 Act. Each school district may be allocated a minimum amount as
11 specified in the General Appropriations Act with the balance
12 of funds being allocated by prorating on each district's share
13 of Florida Education Finance Program base funding.
14 (c) Funds allocated under this subsection must be used
15 to provide a system of comprehensive reading instruction to
16 students enrolled in K-12 programs, which may include the
17 provision of:
18 1. Highly qualified reading coaches;
19 2. Professional development for district teachers in
20 scientifically based reading instruction;
21 3. Summer reading camps for students who score at
22 Level 1 on the FCAT;
23 4. Supplemental instructional materials that are
24 grounded in scientifically based reading research; and
25 5. Intensive interventions for middle-school and
26 secondary-school students who are reading below grade level.
27 (d) Annually, by a date determined by the Department
28 of Education but before May 1, school districts shall submit a
29 plan for the specific use of the research-based reading
30 instruction allocation in the format prescribed by the
31 department for review and approval by the Just Read, Florida!
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1 Office created pursuant to s. 1001.215. The plan annually
2 submitted by school districts shall be deemed approved unless
3 the department rejects the plan on or before June 1. If a
4 school district and the Just Read, Florida! Office cannot
5 agree on the contents of the plan, the school district may
6 appeal to the State Board of Education. The plan format shall
7 be developed with input from school district personnel,
8 including teachers and principals, and shall allow courses in
9 core, career, and alternative programs that deliver intensive
10 reading remediation through integrated curricula. No later
11 than July 1 annually, the department shall release the school
12 district's allocation of appropriated funds to those districts
13 with approved plans. A school district that spends 100
14 percent of this allocation on its approved plan shall be
15 deemed to have been in compliance with the plan. The
16 department may withhold funds upon a determination that
17 reading instruction allocation funds are not being used to
18 implement the approved plan.
19 Section 30. Paragraph (b) of subsection (2) of section
20 1011.685, Florida Statutes, is amended to read:
21 1011.685 Class size reduction; operating categorical
22 fund.--
23 (2) Class size reduction operating categorical funds
24 shall be used by school districts for the following:
25 (b) For any lawful operating expenditure, if the
26 district has met the constitutional maximums identified in s.
27 1003.03(1) or the reduction of two students per year required
28 by s. 1003.03(2); however, priority shall be given to increase
29 salaries of classroom teachers as defined in s. 1012.01(2)(a)
30 and to implement the differentiated-pay provisions detailed in
31 s. 1012.22 salary career ladder defined in s. 1012.231.
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1 Section 31. Subsection (1) of section 1011.71, Florida
2 Statutes, is amended to read:
3 1011.71 District school tax.--
4 (1) If the district school tax is not provided in the
5 General Appropriations Act or the substantive bill
6 implementing the General Appropriations Act, each district
7 school board desiring to participate in the state allocation
8 of funds for current operation as prescribed by s. 1011.62(10)
9 s. 1011.62(9) shall levy on the taxable value for school
10 purposes of the district, exclusive of millage voted under the
11 provisions of s. 9(b) or s. 12, Art. VII of the State
12 Constitution, a millage rate not to exceed the amount
13 certified by the commissioner as the minimum millage rate
14 necessary to provide the district required local effort for
15 the current year, pursuant to s. 1011.62(4)(a)1. In addition
16 to the required local effort millage levy, each district
17 school board may levy a nonvoted current operating
18 discretionary millage. The Legislature shall prescribe
19 annually in the appropriations act the maximum amount of
20 millage a district may levy. The millage rate prescribed shall
21 exceed zero mills but shall not exceed the lesser of 1.6 mills
22 or 25 percent of the millage which is required pursuant to s.
23 1011.62(4), exclusive of millage levied pursuant to subsection
24 (2).
25 Section 32. Section 1011.6855, Florida Statutes, is
26 created to read:
27 1011.6855 Minimum instructional personnel salary and
28 class size reduction; operating categorical fund.--
29 (1) Effective upon the passage of an amendment to s.
30 1, Art. IX of the State Constitution to create district
31 average maximum class sizes, there is created an operating
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1 categorical fund for implementing the average maximum class
2 sizes and implementing the provisions of this section relating
3 to instructional personnel salary.
4 (2) The funds appropriated to the operating
5 categorical fund created under subsection (1) shall be used to
6 provide:
7 (a) Minimum salary of $35,000 or more as specified by
8 the General Appropriations Act for all full-time, certified
9 instructional personnel identified in s. 1012.01(2)(a)-(d).
10 (b) Elevation funds of at least $2,000 or as specified
11 in the General Appropriations Act to increase the salary of
12 all full-time, certified instructional personnel identified in
13 s. 1012.01(2)(a)-(d) to a level at or above the minimum
14 salary.
15 (3) After the obligations set forth in paragraphs
16 (2)(a) and (b) have been met, the remaining funds must be used
17 to reduce the district average class size until it meets the
18 requirements specified in the State Constitution.
19 Section 33. Subsection (6) is added to section
20 1012.21, Florida Statutes, to read:
21 1012.21 Department of Education duties; K-12
22 personnel.--
23 (6) REPORTING.--The Department of Education shall
24 annually post on-line the collective bargaining contracts of
25 each school district in the state which the department has
26 received under s. 1012.22.
27 Section 34. Paragraph (c) of subsection (1) of section
28 1012.22, Florida Statutes, is amended read:
29 1012.22 Public school personnel; powers and duties of
30 the district school board.--The district school board shall:
31 (1) Designate positions to be filled, prescribe
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1 qualifications for those positions, and provide for the
2 appointment, compensation, promotion, suspension, and
3 dismissal of employees as follows, subject to the requirements
4 of this chapter:
5 (c) Compensation and salary schedules.--
6 1. The district school board shall adopt a salary
7 schedule or salary schedules designed to furnish incentives
8 for improvement in training and for continued efficient
9 service to be used as a basis for paying all school employees
10 and fix and authorize the compensation of school employees on
11 the basis thereof.
12 2. A district school board, in determining the salary
13 schedule for instructional personnel, must base a portion of
14 each employee's compensation on performance demonstrated under
15 s. 1012.34, must consider the prior teaching experience of a
16 person who has been designated state teacher of the year by
17 any state in the United States, and must consider prior
18 professional experience in the field of education gained in
19 positions in addition to district level instructional and
20 administrative positions.
21 3. In developing the salary schedule, the district
22 school board shall seek input from parents, teachers, and
23 representatives of the business community.
24 4.a. Beginning with the 2002-2003 fiscal year, Each
25 district school board must adopt a performance-pay policy for
26 school administrators and instructional personnel. The
27 district's performance-pay policy is subject to negotiation as
28 provided in chapter 447; however, the adopted salary schedule
29 must allow school administrators and instructional personnel
30 who demonstrate outstanding performance, as measured under s.
31 1012.34, to earn a 5-percent supplement in addition to their
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1 individual, negotiated salary. The supplements shall be funded
2 from the performance-pay reserve funds adopted in the salary
3 schedule. Beginning with the 2004-2005 academic year, The
4 district's 5-percent performance-pay policy must provide for
5 the evaluation of classroom teachers based on the level of
6 their responsibilities within each level of the salary career
7 ladder provided in s. 1012.231.
8 b. The Commissioner of Education shall determine
9 whether the district school board's adopted salary schedule
10 complies with the requirement for performance-based pay. If
11 the district school board fails to comply with this section,
12 the commissioner shall recommend to the State Board of
13 Education that the board withhold disbursements from the
14 Educational Enhancement Trust Fund to the district until
15 compliance is verified, and the board may do so.
16 5.a. Beginning with the 2005-2006 fiscal year, each
17 district school board shall adopt a differentiated-pay policy
18 for school administrators and instructional personnel. The
19 policy with respect to instructional personnel is subject to
20 negotiation as provided in chapter 447; however, the adopted
21 salary schedule must allow school administrators and
22 instructional personnel to receive differentiated pay based
23 upon factors including, but not limited to:
24 (I) The subject areas taught, with classroom teachers
25 who teach in critical shortage areas receiving higher pay;
26 (II) The economic demographics of the school, with
27 school administrators and instructional personnel in schools
28 that have a majority of students who qualify for free or
29 reduced-price lunches receiving higher pay;
30 (III) The performance of school administrators and
31 instructional personnel as provided in subparagraph 4.; and
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1 (IV) The responsibilities of the classroom teacher.
2 b. The district school board must hold a public
3 hearing at which the board must present its proposed
4 differentiated-pay policy and the rationale supporting the
5 differentiated-pay classifications as proposed, consistent
6 with this subparagraph's differentiated-pay factors.
7 c. The Commissioner of Education shall determine
8 whether the district school board's adopted salary schedule
9 complies with the requirement for differentiated pay. If the
10 district school board does not adopt a differentiated-pay
11 scale, the commissioner shall recommend to the State Board of
12 Education that the board withhold disbursements from the
13 Educational Enhancement Trust Fund to the district until
14 compliance is verified, and the board may do so.
15 Section 35. Section 1012.2305, Florida Statutes, is
16 created to read:
17 1012.2305 Minimum instructional personnel salary.--
18 (1) LEGISLATIVE INTENT.--The Legislature recognizes
19 that higher pay does not guarantee high-quality performance in
20 education. The Legislature also recognizes that competitive
21 pay, differential pay, and performance incentives are
22 necessary to attract and retain the highest-quality teachers
23 and that the prospects of higher pay and career opportunities
24 are important to attract talented individuals into the field
25 of teaching.
26 (2) MINIMUM SALARY FOR INSTRUCTIONAL
27 PERSONNEL.--Contingent upon the passage of an amendment to s.
28 1, Art. IX of the State Constitution to create district
29 average maximum class sizes and establish minimum salary for
30 instructional personnel, the minimum salary for full-time
31 instructional personnel as defined in s. 1012.01(2)(a)-(d) in
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1 this state shall be $35,000 and shall be established by the
2 Legislature to remain above the national average public school
3 teacher beginning salary.
4 Section 36. Section 1012.2315, Florida Statutes, is
5 created to read:
6 1012.2315 Assignment of teachers.--
7 (1) LEGISLATIVE FINDINGS AND INTENT.--The Legislature
8 finds disparity between teachers assigned to teach in a
9 majority of "A" schools compared with those assigned to teach
10 in a majority of "F" schools. The disparity can be found in
11 the average years of experience, the median salary, and the
12 performance of the teachers on teacher certification exams.
13 It is the intent of the Legislature that district school
14 boards have flexibility through the collective bargaining
15 process to assign teachers more equitably to schools
16 throughout the district.
17 (2) ASSIGNMENT TO "D" AND "F" SCHOOLS.--School
18 districts may not assign a higher percentage than the school
19 district average of first-time teachers, temporarily certified
20 teachers, teachers in need of improvement, or out-of-field
21 teachers to schools that have more than the school district
22 average of minority and economically disadvantaged students or
23 to schools that are graded "D" or "F." Each school district
24 shall annually certify to the Commissioner of Education that
25 this requirement has been met. If the commissioner determines
26 that a school district is not in compliance with this section,
27 the State Board of Education shall be notified and shall take
28 action in the next regularly scheduled meeting to require
29 compliance.
30 (3) SALARY INCENTIVES.--District school boards may
31 provide salary incentives to meet this requirement.
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1 (4) COLLECTIVE BARGAINING.--Notwithstanding chapter
2 447, no provision of collective bargaining may preclude a
3 school district from assigning high-quality teachers to teach
4 in low-performing schools.
5 Section 37. Section 1012.72, Florida Statutes, is
6 amended to read:
7 1012.72 Dale Hickam Excellent Teaching Program.--
8 (1) The Legislature recognizes that teachers play a
9 critical role in preparing students to achieve the high levels
10 of academic performance expected by the Sunshine State
11 Standards. The Legislature further recognizes the importance
12 of identifying and rewarding teaching excellence and of
13 encouraging good teachers to become excellent teachers. The
14 Legislature finds that the National Board of Professional
15 Teaching Standards (NBPTS) has established high and rigorous
16 standards for accomplished teaching and has developed a
17 national voluntary system for assessing and certifying
18 teachers who demonstrate teaching excellence by meeting those
19 standards. It is therefore the Legislature's intent to provide
20 incentives for teachers to seek NBPTS certification and to
21 reward teachers who demonstrate teaching excellence by
22 attaining NBPTS certification and sharing their expertise with
23 other teachers.
24 (2) The Dale Hickam Excellent Teaching Program is
25 created to provide categorical funding for monetary incentives
26 and bonuses for teaching excellence. The Department of
27 Education shall distribute to each school district or to the
28 NBPTS an amount as prescribed annually by the Legislature for
29 the Dale Hickam Excellent Teaching Program. For purposes of
30 this section, the Florida School for the Deaf and the Blind
31 shall be considered a school district. Unless otherwise
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1 provided in the General Appropriations Act, each distribution
2 shall be the sum of the amounts earned for the following
3 incentives and bonuses:
4 (a) A fee subsidy to be paid by the Department of
5 Education to the NBPTS on behalf of each individual who is an
6 employee of a district school board or a public school within
7 the school district, who is certified by the district to have
8 demonstrated satisfactory teaching performance pursuant to s.
9 1012.34 and who satisfies the prerequisites for participating
10 in the NBPTS certification program, and who agrees, in
11 writing, to pay 10 percent of the NBPTS participation fee and
12 to participate in the NBPTS certification program during the
13 school year for which the fee subsidy is provided. The fee
14 subsidy for each eligible participant shall be an amount equal
15 to 90 percent of the fee charged for participating in the
16 NBPTS certification program. The fee subsidy is a one-time
17 award and may not be duplicated for any individual.
18 (b) A portfolio-preparation incentive of $150 paid by
19 the Department of Education to each teacher employed by a
20 district school board or a public school within a school
21 district who is participating in the NBPTS certification
22 program. The portfolio-preparation incentive is a one-time
23 award paid during the school year for which the NBPTS fee
24 subsidy is provided.
25 (c) An annual bonus equal to 10 percent of the prior
26 fiscal year's statewide average salary for classroom teachers
27 to be distributed to the school district to be paid to each
28 individual who holds NBPTS certification and is employed by
29 the district school board or by a public school within the
30 school district. The district school board shall distribute
31 the annual bonus to each individual who meets the requirements
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1 of this paragraph and who is certified annually by the
2 district to have demonstrated satisfactory teaching
3 performance pursuant to s. 1012.34. The annual bonus may be
4 paid as a single payment or divided into not more than three
5 payments.
6 (d) An annual bonus equal to 10 percent of the prior
7 fiscal year's statewide average salary for classroom teachers
8 to be distributed to the school district to be paid to each
9 individual who meets the requirements of paragraph (c) and
10 agrees, in writing, to provide the equivalent of 12 workdays
11 of mentoring and related services to public school teachers
12 within the state who do not hold NBPTS certification. Related
13 services must include instruction in helping teachers work
14 more effectively with the families of their students. The
15 district school board shall distribute the annual bonus in a
16 single payment following the completion of all required
17 mentoring and related services for the year. It is not the
18 intent of the Legislature to remove excellent teachers from
19 their assigned classrooms; therefore, credit may not be
20 granted by a school district or public school for mentoring or
21 related services provided during student contact time during
22 the 196 days of required service for the school year.
23 (e) The employer's share of social security and
24 Medicare taxes and Florida Retirement System contributions for
25 those teachers who qualify for NBPTS certification and receive
26 bonus amounts.
27
28 A teacher for whom the state pays the certification fee and
29 who does not complete the certification program or does not
30 teach in a public school of this state for at least 1 year
31 after completing the certification program must repay the
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1 amount of the certification fee to the state. However, a
2 teacher who completes the certification program but fails to
3 be awarded NBPTS certification is not required to repay the
4 amount of the certification fee if the teacher meets the
5 1-year teaching requirement. Repayment is not required of a
6 teacher who does not complete the certification program or
7 fails to fulfill the teaching requirement because of the
8 teacher's death or disability or because of other extenuating
9 circumstances as determined by the State Board of Education.
10 (3)(a) In addition to any other remedy available under
11 the law, any person who is a recipient of a certification fee
12 subsidy paid to the NBPTS and who is an employee of the state
13 or any of its political subdivisions is considered to have
14 consented, as a condition of employment, to the voluntary or
15 involuntary withholding of wages to repay to the state the
16 amount of such a certification fee subsidy awarded under this
17 section. Any such employee who defaults on the repayment of
18 such a certification fee subsidy must, within 60 days after
19 service of a notice of default by the Department of Education
20 to the employee, establish a repayment schedule which must be
21 agreed to by the department and the employee, for repaying the
22 defaulted sum through payroll deductions. The department may
23 not require the employee to pay more than 10 percent of the
24 employee's pay per pay period under such a repayment schedule
25 or plan. If the employee fails to establish a repayment
26 schedule within the specified period of time or fails to meet
27 the terms and conditions of the agreed upon or approved
28 repayment schedule as authorized by this subsection, the
29 employee has breached an essential condition of employment and
30 is considered to have consented to the involuntary withholding
31 of wages or salary for the repayment of the certification fee
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1 subsidy.
2 (b) A person who is employed by the state, or any of
3 its political subdivisions, may not be dismissed for having
4 defaulted on the repayment of the certification fee subsidy to
5 the state.
6 (4) The Dale Hickam Excellent Teaching Program Trust
7 Fund shall be administered by the Department of Education
8 pursuant to s. 1010.72.
9 (5) The Council for Education Policy Research and
10 Improvement shall conduct research to evaluate the benefits
11 and effectiveness of the program.
12 (6)(4) The State Board of Education may adopt rules
13 pursuant to ss. 120.536 and 120.54 as necessary to administer
14 the provisions for payment of the fee subsidies, incentives,
15 and bonuses and for the repayment of defaulted certification
16 fee subsidies under this section.
17 (5) The Dale Hickam Excellent Teaching Program Trust
18 Fund shall be administered by the Department of Education
19 pursuant to s. 1010.72.
20 Section 38. Section 1012.986, Florida Statutes, is
21 created to read:
22 1012.986 Professional development for school
23 leaders.--
24 (1) SHORT TITLE.--This section may be cited as the
25 DELTA (Developing Educational Leaders for Tomorrow's
26 Achievers) Act.
27 (2) CREATION OF PROGRAM.--There is created the DELTA
28 Program which shall be administered by the Department of
29 Education. The program shall be a high-quality,
30 competency-based, customized, comprehensive, and coordinated
31 statewide professional development program to provide
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1 leadership training opportunities for school leaders to enable
2 them to be more effective instructional leaders, especially in
3 the area of reading. The program shall provide school leaders
4 with the opportunity to attain a school leadership designation
5 pursuant to subsection (4).
6 (3) DEFINITION.--As used in this section, the term
7 "school leader" means a school principal or assistant
8 principal who holds a valid Florida certificate in educational
9 leadership.
10 (4) LEADERSHIP DESIGNATIONS.--The Department of
11 Education shall determine annually, in collaboration with
12 school principals, thresholds for different leadership
13 designations. Criteria for school leadership designations
14 shall be based on the following point system:
15 (a) One point for each percent increase over the
16 previous year, by grade, of students who score at or above
17 FCAT Level 3 in reading;
18 (b) One point for each percent increase over the
19 previous year, by grade, of students who score at or above
20 FCAT Level 3 in math;
21 (c) One point for each percent increase over the
22 previous year, by school, of students who score 3.5 or higher
23 on FCAT writing;
24 (d) One point for each percent increase over the
25 previous year of students making learning gains in reading;
26 (e) One point for each percent increase over the
27 previous year of students making learning gains in math;
28 (f) One point for each percent increase over the
29 previous year of the lowest quartile making learning gains in
30 reading.
31 (5) DELTA PROGRAM REQUIREMENTS.--
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1 (a) The DELTA Program shall be based upon the
2 leadership standards adopted by the State Board of Education,
3 the standards of the National Staff Development Council, and
4 the federal requirements for high-quality professional
5 development under the No Child Left Behind Act of 2001.
6 (b) The DELTA Program shall provide a competency-based
7 approach that uses prediagnostic and post-diagnostic
8 evaluations that shall be used to create an individualized
9 professional development plan approved by the district school
10 superintendent. The plan must be structured to support the
11 school leader's attainment of the leadership standards adopted
12 by the State Board of Education.
13 (c) The DELTA Program shall incorporate training in
14 instructional leadership and effective business practices for
15 efficient school operations in school leadership training
16 based on best practices of current effective leadership
17 training in school districts.
18 (6) DELIVERY SYSTEM.--The Department of Education
19 shall deliver the DELTA Program through multiple delivery
20 systems, including:
21 (a) Approved school district training programs;
22 (b) Interactive technology-based instruction; and
23 (c) State, regional, or local leadership academies.
24 (7) RULES.--The State Board of Education shall adopt
25 rules under ss. 120.536(1) and 120.54 to administer this
26 section.
27 Section 39. Subsection (6) of section 1013.512,
28 Florida Statutes, is amended to read:
29 1013.512 Land Acquisition and Facilities Advisory
30 Board.--
31 (6) Upon certification by the advisory board that
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1 corrective action has been taken, the Legislative Budget
2 Commission shall release all funds remaining in reserve. Upon
3 such release, each Land Acquisition and Facilities Advisory
4 Board shall be disbanded.
5 Section 40. Approval is granted for the endowment for
6 the Appleton Museum of Art, currently held by the Appleton
7 Cultural Center, Inc., to be transferred to the Central
8 Florida Community College Foundation. The endowment to be
9 transferred, which includes state matching funds, was
10 established in 1987 through the Cultural Arts Endowment
11 Program. By this provision, the Central Florida Community
12 College Foundation is authorized to manage the endowment only
13 for the support of the educational program at the Appleton
14 Museum of Art and is released from all other provisions of the
15 Trust Agreement dated July 17, 1987, by and between the State
16 of Florida and the Appleton Cultural Center, Inc., and
17 sections 265.601 through 265.607, Florida Statutes.
18 Section 41. Sections 1012.987 and 1012.231, Florida
19 Statutes, are repealed.
20 Section 42. If any provision of this act or the
21 application thereof to any person or circumstance is held
22 invalid, the invalidity does not affect other provisions or
23 applications of the act which can be given effect without the
24 invalid provision or application, and to this end the
25 provisions of this act are declared severable.
26 Section 43. Except as otherwise expressly provided in
27 this act, this act shall take effect upon becoming a law,
28 except that sections 1003.035, 1011.6855, and 1012.2305,
29 Florida Statutes, as created by this act, shall take effect on
30 the effective date of an amendment to Section 1, Article IX of
31 the State Constitution approved by the electors which requires
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1 district average maximum class sizes and minimum pay for
2 teachers.
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4
5 ================ T I T L E A M E N D M E N T ===============
6 And the title is amended as follows:
7 Delete everything before the enacting clause
8
9 and insert:
10 A bill to be entitled
11 An act relating to education; amending s.
12 1001.03, F.S., relating to the powers of the
13 State Board of Education; requiring the State
14 Board of Education to periodically review the
15 Sunshine State Standards; creating s. 1001.215,
16 F.S.; creating the Just Read, Florida! Office
17 within the Department of Education; providing
18 duties of the office; amending s. 1001.42,
19 F.S., relating to powers and duties of a
20 district school board; revising the
21 requirements for school improvement plans;
22 requiring school districts to observe Veterans'
23 Day; prohibiting holding classes on that day;
24 providing an exception; requiring the date of
25 the Veterans' Day observance to correspond with
26 the federal holiday; creating s. 1002.421,
27 F.S.; prescribing requirements of private
28 schools participating in state school choice
29 scholarship programs; requiring compliance with
30 requirements relating to notice, student
31 enrollment and attendance verification, fiscal
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1 soundness, academic assessment, and
2 criminal-background checks and to applicable
3 state and local health, safety, and welfare
4 laws, codes, and rules; providing grounds for
5 ineligibility to participate in certain
6 scholarship programs; providing rulemaking
7 authority to the State Board of Education;
8 creating s. 1002.423, F.S.; prescribing
9 obligations of the Department of Education for
10 education scholarship programs; requiring the
11 department to identify certain assessments;
12 requiring the department to select a private
13 research organization to which private schools
14 report student scores; providing reporting
15 requirements; amending s. 1003.03, F.S.;
16 revising dates for implementation of class size
17 maximums; creating s. 1003.035, F.S.; providing
18 for the contingent application of the section
19 upon the adoption of an amendment to the State
20 Constitution; prescribing district average
21 class size limitations for grades
22 prekindergarten through 3, grades 4 through 8,
23 and grades 9 through 12; requiring the
24 Department of Education to annually calculate
25 class size measures based on a specified
26 student-membership survey; providing
27 implementation options; providing for
28 accountability and for transfer of funds in
29 certain circumstances; providing for the
30 department redrawing attendance zones in
31 certain circumstances; amending s. 1003.05,
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1 F.S.; relating to military families; limiting
2 certain enrollment opportunities; creating s.
3 1003.413, F.S.; requiring school districts to
4 adopt certain reading policies in high schools;
5 requiring that certain high schools offer
6 specific support services for students scoring
7 at Level 1 on the FCAT reading test; creating a
8 high school task force; providing membership;
9 providing reporting requirements; amending s.
10 1003.415, F.S., relating to the Middle School
11 Grades Reform Act; revising legislative intent;
12 deleting obsolete references; creating s.
13 1003.4155, F.S.; establishing a grading system
14 for middle schools; creating s. 1003.4156,
15 F.S.; establishing general requirements for
16 promotion from middle school; requiring the
17 successful completion of 12 academic credits in
18 certain courses; requiring an intensive reading
19 course under certain circumstances; defining a
20 middle school academic credit for purposes of
21 the section; requiring district school boards
22 to adopt policies for alternatives to obtain
23 credits; amending s. 1003.42, F.S., relating to
24 required instruction; revising and increasing
25 the requirements for studying U.S. history and
26 free enterprise; providing rulemaking authority
27 to the State Board of Education; amending s.
28 1003.52, F.S.; requiring the Department of
29 Education to develop procedures for reporting
30 performance and participation data of students
31 in juvenile justice education programs;
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1 amending s. 1003.57, F.S.; providing guidelines
2 for determining the residency of a student who
3 receives instruction as an exceptional student
4 with a disability; requiring the student's
5 placing authority or parent to pay the cost of
6 such instruction, facilities, and services;
7 providing responsibilities of the Department of
8 Education; providing responsibilities of
9 residential facilities that educate exceptional
10 students with disabilities; providing
11 applicability; creating s. 1003.575, F.S.;
12 requiring the Department of Education to devise
13 an individual education plan form for use in
14 developing and implementing individual
15 education plans for exceptional students;
16 requiring school districts to use the form;
17 amending s. 1003.58, F.S.; conforming a
18 cross-reference; amending s. 1004.04, F.S.;
19 requiring the Council for Education Policy
20 Research and Improvement to review and report
21 on the effectiveness of the graduates of
22 state-approved teacher preparation programs and
23 alternative certification programs; creating s.
24 1004.64, F.S.; establishing the Florida Center
25 for Reading Research; specifying duties of the
26 center; amending s. 1008.22, F.S., relating to
27 student assessment; expressing legislative
28 intent; identifying grade levels for state
29 assessment administration; eliminating obsolete
30 references; requiring certain reports; amending
31 s. 1008.25, F.S., relating to public school
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1 student progression; eliminating obsolete
2 references; directing the Department of
3 Education to establish a uniform format for
4 reporting student progression information;
5 requiring certain reports; amending s. 1008.31,
6 F.S., relating to education accountability;
7 expressing legislative intent relating to
8 performance measures established by the Board
9 of Governors with respect to the state
10 universities; eliminating certain
11 performance-based funding requirements;
12 providing guiding principles for the
13 accountability system; revising the goals of
14 the accountability system; requiring certain
15 reports; providing rulemaking authority to the
16 State Board of Education; amending s. 1008.33,
17 F.S., relating to the authority to enforce
18 public school improvement; authorizing transfer
19 of certain teachers to low-performing schools;
20 amending s. 1008.34, F.S., relating to the
21 school grading system; requiring all schools to
22 receive a school grade except certain
23 alternative schools; requiring that achievement
24 scores and learning gains be calculated in
25 alternative schools that provide certain
26 services; requiring that student test scores be
27 calculated in the alternative school in which
28 the student is enrolled and in the school
29 previously attended by the student; providing
30 exceptions; requiring the Department of
31 Education to develop a school report card;
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1 creating s. 1008.341, F.S.; requiring school
2 improvement ratings for alternative schools;
3 providing definitions; requiring that the
4 Commissioner of Education prepare an annual
5 report; specifying the data to be used in
6 determining school improvement ratings;
7 requiring the department to identify student
8 learning gains annually; requiring that a
9 school report card be delivered to parents;
10 requiring the State Board of Education to adopt
11 rules; amending s. 1008.36, F.S., relating to
12 the Florida School Recognition Program;
13 providing that certain feeder schools are
14 eligible to participate in the program;
15 providing a definition; requiring certain
16 feeder schools to be subject to the Opportunity
17 Scholarship Program, as defined in s. 1002.38,
18 F.S.; providing for the disposition of school
19 recognition funds; defining eligibility for the
20 receipt of school recognition funds; amending
21 s. 1011.62, F.S., relating to funds for the
22 operation of schools; providing for additional
23 funding for students enrolled in education
24 programs for juveniles; providing a methodology
25 to calculate full-time equivalent student
26 membership of the Florida Virtual School;
27 creating a research-based reading-instruction
28 allocation for students in kindergarten through
29 grade 12; providing for the use of the funds;
30 providing for fund disbursement; amending ss.
31 1011.685, and 1011.71, F.S., to conform;
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1 creating s. 1011.6855, F.S.; providing for the
2 contingent application of the section upon the
3 adoption of an amendment to the State
4 Constitution; establishing an operating
5 categorical fund; providing a minimum
6 instructional personnel salary; requiring the
7 use of certain funds for class size reduction;
8 amending s. 1012.21, F.S., relating to the
9 duties of the Department of Education;
10 requiring the department to annually post
11 school district collective bargaining
12 agreements on-line; amending s. 1012.22, F.S.,
13 relating to public school personnel; requiring
14 school boards to adopt differentiated-pay
15 policies for school administrators and
16 instructional personnel; specifying factors to
17 be included in differentiated-pay policies;
18 providing for the withholding of funds for
19 failure to comply; creating s. 1012.2305, F.S.;
20 expressing legislative intent regarding minimum
21 instructional personnel pay; providing for
22 contingent application of the section upon the
23 adoption of an amendment to the State
24 Constitution; establishing minimum pay for
25 certain instructional personnel; creating s.
26 1012.2315, F.S.; establishing legislative
27 findings; expressing legislative intent;
28 providing criteria for the assignment of
29 teachers to certain schools; authorizing
30 certain salary incentives; limiting certain
31 collective bargaining provisions relating to
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Bill No. HCB 6007, 2nd Eng.
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1 assignment of teachers at certain schools;
2 amending s. 1012.72, F.S., relating to the Dale
3 Hickam Excellent Teaching Program; requiring
4 that the Department of Education administer the
5 Dale Hickam Excellent Teaching Program Trust
6 Fund; requiring the Council for Education
7 Policy Research and Improvement to evaluate the
8 benefits and effectiveness of the program;
9 creating s. 1012.986, F.S.; establishing a
10 statewide system for the professional
11 development of school leaders; providing a
12 short title; providing program purposes and
13 legislative intent; requiring the Department of
14 Education to annually determine criteria for
15 school leadership designations based on certain
16 factors; requiring certain program components;
17 providing for a program delivery system;
18 providing rulemaking authority to the State
19 Board of Education; amending s. 1013.512, F.S.;
20 requiring the release of funds remaining in
21 reserve relating to school district land
22 acquisition and facilities operations;
23 specifying when a Land Acquisition and
24 Facilities Advisory Board shall be disbanded;
25 approving a transfer of an endowment from the
26 Appleton Cultural Center, Inc., to the Central
27 Florida Community College Foundation; providing
28 restrictions on the management of the
29 endowment; releasing the foundation from
30 certain trust agreement and statutory
31 requirements; repealing s. 1012.987, F.S.,
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Bill No. HCB 6007, 2nd Eng.
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1 relating to education leadership development;
2 repealing s. 1012.231, F.S., relating to the
3 BEST Florida Teaching Salary career ladder
4 program; providing for severability; providing
5 contingent effective dates.
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