Amendment
Bill No. 6007

Amendment No. 568791

CHAMBER ACTION
Senate		House
.
.
.

---

---

1	Representative(s) Traviesa, Baxley, Arza, Stargel, Mealor,
2	Patterson, and Pickens offered the following:
3
4	Amendment to Amendment (857413) (with title amendment)
5	Remove line(s) 392-2173 and insert:
6	Section 10.  Section 1002.385, Florida Statutes, is created
7	to read:
8	1002.385  Reading Compact Scholarship Program.--
9	(1)  READING COMPACT SCHOLARSHIP PROGRAM.--The Reading
10	Compact Scholarship Program is established to offer the parent
11	of a student who has not attained reading proficiency above
12	Level 1 on FCAT Reading an educational choice to further the
13	student's progress in reading. The scholarship program shall
14	provide students who have scored at Level 1 on FCAT Reading for
15	2 of the previous 3 years the option to attend a public or
16	private school of choice.
17	(2)  READING COMPACT SCHOLARSHIP ELIGIBILITY.--The parent
18	of a public school student may request and receive from the
19	state a Reading Compact Scholarship for the student to enroll in
20	and attend a private school in accordance with the provisions of
21	this section if:
22	(a)  The student scored at Level 1 on FCAT Reading for 2 of
23	the previous 3 years. However, a student who scored at Level 1
24	on grade 10 FCAT Reading is not eligible for a Reading Compact
25	Scholarship.
26	(b)  The parent has obtained acceptance for admission of
27	the student to a private school eligible to participate in the
28	scholarship program pursuant to subsection (8) and has requested
29	from the Department of Education a Reading Compact Scholarship
30	no later than 60 days prior to the date of the first scholarship
31	payment. The parental request must be through a communication
32	directly to the department in a manner that creates a written or
33	electronic record of the request and the date of receipt of the
34	request.
35	(3)  READING COMPACT SCHOLARSHIP PROHIBITIONS.--A student
36	shall not use a Reading Compact Scholarship while he or she is:
37	(a)  Enrolled in a school operating for the purpose of
38	providing educational services to youth in Department of
39	Juvenile Justice commitment programs.
40	(b)  Receiving a scholarship from an eligible nonprofit
41	scholarship-funding organization under s. 220.187.
42	(c)  Already receiving an educational scholarship pursuant
43	to this chapter.
44	(d)  Participating in a home education program as defined
45	in s. 1002.01(1).
46	(e)  Participating in a private tutoring program pursuant
47	to s. 1002.43.
48	(f)  Participating in a virtual school, correspondence
49	school, or distance learning program that receives state funding
50	pursuant to the student's participation.
51	(g)  Enrolled in the Florida School for the Deaf and the
52	Blind.
53	(4)  TERM OF READING COMPACT SCHOLARSHIP.--
54	(a)  For purposes of continuity of educational choice, a
55	Reading Compact Scholarship shall remain in force until the
56	student returns to a public school or graduates from high
57	school.
58	(b)  Upon reasonable notice to the department and the
59	school district, the student's parent may remove the student
60	from the private school and place the student in a public
61	school, as provided in paragraph (5)(a).
62	(c)  Upon reasonable notice to the department, the
63	student's parent may move the student from one participating
64	private school to another participating private school.
65	(5)  SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.--
66	(a)1.  A school district shall timely notify the parent of
67	each eligible student of all options available pursuant to this
68	section and offer that student's parent an opportunity to enroll
69	the student in another public school within the school district.
70	2.  The parent is not required to accept the offer of
71	enrolling the student in another public school in lieu of
72	requesting a Reading Compact Scholarship to a private school.
73	However, if the parent chooses the public school option, the
74	student may continue attending a public school chosen by the
75	parent until the student graduates from high school.
76	3.  If the parent chooses a public school consistent with
77	the district school board's choice plan under s. 1002.31, the
78	school district shall provide transportation to the public
79	school selected by the parent. The parent is responsible for
80	providing transportation to a public school chosen that is not
81	consistent with the district school board's choice plan under s.
82	1002.31.
83	(b)  If the parent chooses the private school option and
84	the student is accepted by the private school pending the
85	availability of a space for the student, the parent of the
86	student must notify the department no later than 60 days prior
87	to the first scholarship payment and before entering the private
88	school in order to be eligible for the scholarship when a space
89	becomes available for the student in the private school.
90	(c)  The parent of a student may choose, as an alternative,
91	to enroll the student in and transport the student to a public
92	school in an adjacent school district that has available space,
93	and that school district shall accept the student and report the
94	student for purposes of the school district's funding under the
95	Florida Education Finance Program.
96	(d)  For a student in the school district who participates
97	in the Reading Compact Scholarship Program whose parent requests
98	that the student take the statewide assessments under s.
99	1008.22, the school district shall provide locations and times
100	to take all statewide assessments.
101	(6)  DEPARTMENT OF EDUCATION OBLIGATIONS.--The department
102	shall:
103	(a)  Establish a toll-free hotline that provides parents
104	and private schools with information on participation in the
105	Reading Compact Scholarship Program.
106	(b)  Establish a process by which individuals may notify
107	the department of any violation by a parent, private school, or
108	school district of state laws relating to program participation.
109	The department shall conduct an investigation of any written
110	complaint of a violation of this section, or make a referral to
111	the appropriate agency for an investigation, if the complaint is
112	signed by the complainant and is legally sufficient. A complaint
113	is legally sufficient if it contains ultimate facts that show
114	that a violation of this section or any rule adopted by the
115	State Board of Education has occurred. In order to determine
116	legal sufficiency, the department may require supporting
117	information or documentation from the complainant.
118	(c)  Require an annual, notarized, sworn compliance
119	statement by participating private schools certifying compliance
120	with state laws and shall retain such records.
121	(d)  Cross-check the list of participating scholarship
122	students with the public school enrollment lists prior to the
123	first scholarship payment to avoid duplication.
124	(e)  Identify all nationally norm-referenced tests that are
125	comparable to the norm-referenced test portions of the Florida
126	Comprehensive Assessment Test (FCAT).
127	(f)  Select an independent private research organization to
128	which participating private schools must report the scores of
129	participating students on the nationally norm-referenced tests
130	administered by the private school. The independent private
131	research organization must annually report to the department on
132	the year-to-year improvements of participating students. The
133	independent private research organization must analyze and
134	report student performance data in a manner that protects the
135	rights of students and parents as mandated in 20 U.S.C. s.
136	1232g, the Family Educational Rights and Privacy Act, and must
137	not disaggregate data to a level that will disclose the academic
138	level of individuals or of individual schools. To the extent
139	possible, the independent private research organization must
140	accumulate historical performance data on students from the
141	department and private schools to describe baseline performance
142	and to conduct longitudinal studies. To minimize costs and
143	reduce time required for third-party analysis and evaluation,
144	the department shall conduct analyses of matched students from
145	public school assessment data and calculate control group
146	learning gains using an agreed-upon methodology outlined in the
147	contract with the third-party evaluator. The sharing of student
148	data must be in accordance with the requirements of 20 U.S.C. s.
149	1232g, the Family Educational Rights and Privacy Act, and shall
150	be for the sole purpose of conducting the evaluation. All
151	parties must preserve the confidentiality of such information as
152	otherwise required by state and federal law.
153	(7)  COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.--
154	(a)  The Commissioner of Education shall deny, suspend, or
155	revoke a private school's participation in the scholarship
156	program if it is determined that the private school has failed
157	to comply with the provisions of this section. However, in
158	instances in which the noncompliance is correctable within a
159	reasonable amount of time and in which the health, safety, and
160	welfare of the students are not threatened, the commissioner may
161	issue a notice of noncompliance which shall provide the private
162	school with a timeframe within which to provide evidence of
163	compliance prior to taking action to suspend or revoke the
164	private school's participation in the scholarship program.
165	(b)  The commissioner's determination is subject to the
166	following:
167	1.  If the commissioner intends to deny, suspend, or revoke
168	a private school's participation in the scholarship program, the
169	department shall notify the private school of such proposed
170	action in writing by certified mail and regular mail to the
171	private school's address of record with the department. The
172	notification shall include the reasons for the proposed action
173	and notice of the timelines and procedures set forth in this
174	paragraph.
175	2.  The private school that is adversely affected by the
176	proposed action shall have 15 days from the receipt of the
177	notice of proposed action to file with the department's agency
178	clerk a request for a proceeding pursuant to ss. 120.569 and
179	120.57. If the private school is entitled to a hearing under s.
180	120.57(1), the department shall forward the request to the
181	Division of Administrative Hearings.
182	3.  Upon receipt of a request referred pursuant to this
183	paragraph, the director of the Division of Administrative
184	Hearings shall expedite the hearing and assign an administrative
185	law judge who shall commence a hearing within 30 days after the
186	receipt of the formal written request by the division and enter
187	a recommended order within 30 days after the hearing or within
188	30 days after receipt of the hearing transcript, whichever is
189	later. Each party shall be allowed 10 days in which to submit
190	written exceptions to the recommended order. A final order shall
191	be entered by the agency within 30 days after the entry of a
192	recommended order. The provisions of this subparagraph may be
193	waived upon stipulation by all parties.
194	(c)  The commissioner may immediately suspend payment if it
195	is determined that there is probable cause to believe that there
196	is:
197	1.  An imminent threat to the health, safety, and welfare
198	of the students; or
199	2.  Fraudulent activity on the part of the private school.
200
201	The commissioner's order suspending payment pursuant to this
202	paragraph may be appealed pursuant to the same procedures and
203	timelines as the notice of proposed action set forth in
204	paragraph (b).
205	(8)  PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.--To be
206	eligible to participate in the Reading Compact Scholarship
207	Program, a private school may be sectarian or nonsectarian and
208	must:
209	(a)  Comply with all applicable requirements for private
210	schools participating in state school choice programs pursuant
211	to s. 1002.421.
212	(b)  Provide the department all documentation required for
213	the student's participation, including the private school's and
214	student's fee schedules, at least 30 days before the first
215	quarterly scholarship payment is made for the student.
216	(c)  Be academically accountable to the parent for meeting
217	the educational needs of the student by:
218	1.  At a minimum, annually providing to the parent a
219	written explanation of the student's progress.
220	2.  Annually administering or making provision for students
221	participating in the scholarship program to take one of the
222	nationally norm-referenced tests identified by the department.
223	Students with disabilities for whom standardized testing is not
224	appropriate are exempt from this requirement. A participating
225	private school must report a student's scores to the parent and
226	to the independent private research organization selected by the
227	department pursuant to paragraph (6)(f).
228	3.  Cooperating with the scholarship student whose parent
229	chooses to participate in the statewide assessments pursuant to
230	s. 1008.22.
231
232	The inability of a private school to meet the requirements of
233	this subsection shall constitute a basis for the ineligibility
234	of the private school to participate in the scholarship program
235	as determined by the department.
236	(9)  PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
237	PARTICIPATION.--A parent who applies for a Reading Compact
238	Scholarship is exercising his or her parental option to place
239	his or her child in a private school.
240	(a)  The parent must select the private school and apply
241	for the admission of his or her child.
242	(b)  The parent must have requested the scholarship at
243	least 60 days prior to the date of the first scholarship
244	payment.
245	(c)  Any student participating in the Reading Compact
246	Scholarship Program must remain in attendance throughout the
247	school year, unless excused by the school for illness or other
248	good cause.
249	(d)  Each parent and each student has an obligation to the
250	private school to comply with the private school's published
251	policies.
252	(e)  The parent shall ensure that the student participating
253	in the scholarship program takes the norm-referenced assessment
254	offered by the private school. The parent may also choose to
255	have the student participate in the statewide assessments
256	pursuant to s. 1008.22. If the parent requests that the student
257	participating in the scholarship program take statewide
258	assessments pursuant to s. 1008.22, the parent is responsible
259	for transporting the student to the assessment site designated
260	by the school district.
261	(f)  Upon receipt of a scholarship warrant, the parent to
262	whom the warrant is made must restrictively endorse the warrant
263	to the private school for deposit into the account of the
264	private school. The parent may not designate any entity or
265	individual associated with the participating private school as
266	the parent's attorney in fact to sign a scholarship warrant. A
267	participant who fails to comply with this paragraph forfeits the
268	scholarship.
269	(10)  READING COMPACT SCHOLARSHIP FUNDING AND PAYMENT.--
270	(a)  The maximum Reading Compact Scholarship granted for an
271	eligible student shall be a calculated amount equivalent to the
272	base student allocation in the Florida Education Finance Program
273	multiplied by the appropriate cost factor for the educational
274	program that would have been provided for the student in the
275	district school to which he or she was assigned, multiplied by
276	the district cost differential. In addition, the calculated
277	amount shall include the per-student share of instructional
278	materials funds, technology funds, and other categorical funds
279	as provided for this purpose in the General Appropriations Act.
280	For a student who attended the Florida School for the Deaf and
281	the Blind, the Reading Compact Scholarship shall be calculated
282	based on the school district in which the student's parent
283	resides at the time of the scholarship request.
284	(b)  The amount of the Reading Compact Scholarship shall be
285	the calculated amount or the amount of the private school's
286	tuition and fees, whichever is less. Fees eligible shall include
287	textbook fees, lab fees, and other fees related to instruction,
288	including transportation.
289	(c)  The school district shall report all students who are
290	attending a private school under this scholarship program. The
291	students attending private schools on Reading Compact
292	Scholarships shall be reported separately from those students
293	reported for purposes of the Florida Education Finance Program.
294	(d)  A public or private school that provides services to
295	students with disabilities shall receive the weighted funding
296	for such services at the appropriate funding level consistent
297	with the provisions of s. 1011.62(1)(e).
298	(e)  For purposes of calculating the Reading Compact
299	Scholarship, a student shall be eligible for the amount of the
300	appropriate basic cost factor if:
301	1.  The student currently participates in a Group 1 program
302	funded at the basic cost factor and is not subsequently
303	identified as having a disability; or
304	2.  The student currently participates in a Group 2 program
305	and the parent has chosen a private school that does not provide
306	the additional services funded by a Group 2 program.
307	(f)  Following notification on July 1, September 1,
308	December 1, or February 1 of the number of scholarship program
309	participants, the department shall transfer, from General
310	Revenue funds only, the calculated amount from the Florida
311	Education Finance Program and authorized categorical accounts to
312	a separate account for the Reading Compact Scholarship Program
313	for quarterly disbursement to the parents of participating
314	students. When a student enters the scholarship program, the
315	department must receive all documentation required for the
316	student's participation, including the private school's and
317	student's fee schedules, at least 30 days before the first
318	quarterly scholarship payment is made for the student.
319	(g)  The Chief Financial Officer shall make Reading Compact
320	Scholarship payments in four equal amounts no later than
321	September 1, November 1, February 1, and April 1 of each
322	academic year in which the Reading Compact Scholarship is in
323	force. The initial payment shall be made after department
324	verification of admission acceptance, and subsequent payments
325	shall be made upon verification of continued enrollment and
326	attendance at the private school. Payment must be by individual
327	warrant made payable to the student's parent and mailed by the
328	department to the private school of the parent's choice, and the
329	parent shall restrictively endorse the warrant to the private
330	school.
331	(h)  Subsequent to each scholarship payment, the Department
332	of Financial Services shall randomly review endorsed warrants to
333	confirm compliance with endorsement requirements. The Department
334	of Financial Services shall immediately report inconsistencies
335	or irregularities to the department.
336	(11)  LIABILITY.--No liability shall arise on the part of
337	the state based on the award or use of a Reading Compact
338	Scholarship.
339	(12)  SCOPE OF AUTHORITY.--The inclusion of eligible
340	private schools within options available to Florida public
341	school students does not expand the regulatory authority of the
342	state, its officers, or any school district to impose any
343	additional regulation of private schools beyond those reasonably
344	necessary to enforce requirements expressly set forth in this
345	section.
346	(13)  RULES.--The State Board of Education shall adopt
347	rules pursuant to ss. 120.536(1) and 120.54 to administer this
348	section. Rules shall include penalties for noncompliance with
349	subsections (8) and (9).
350	Section 11.  Section 1002.421, Florida Statutes, is created
351	to read:
352	1002.421  Rights and obligations of private schools
353	participating in state school choice scholarship
354	programs.--Requirements of this section are in addition to
355	private school requirements outlined in s. 1002.42, specific
356	requirements identified within respective scholarship program
357	laws, and other provisions of Florida law that apply to private
358	schools.
359	(1)  A Florida private school participating in the
360	corporate income tax credit scholarship program established
361	pursuant to s. 220.187 or an educational scholarship program
362	established pursuant to this chapter must comply with all
363	requirements of this section.
364	(2)  A private school participating in a scholarship
365	program must be a Florida private school as defined in s.
366	1002.01(2) and must:
367	(a)  Be a registered Florida private school in accordance
368	with s. 1002.42.
369	(b)  Comply with antidiscrimination provisions of 42 U.S.C.
370	s. 2000d.
371	(c)  Notify the department of its intent to participate in
372	a scholarship program.
373	(d)  Notify the department of any change in the school's
374	name, school director, mailing address, or physical location
375	within 15 days after the change.
376	(e)  Complete student enrollment and attendance
377	verification requirements, including use of an online attendance
378	verification form, prior to scholarship payment.
379	(f)  Annually complete and submit to the department a
380	notarized scholarship compliance statement certifying compliance
381	with state laws relating to private school participation in the
382	scholarship program.
383	(g)  Demonstrate fiscal soundness and accountability by:
384	1.  Being in operation for at least 3 school years or
385	obtaining a surety bond or letter of credit for the amount equal
386	to the scholarship funds for any quarter and filing the surety
387	bond or letter of credit with the department.
388	2.  Requiring the parent of each scholarship student to
389	personally restrictively endorse the scholarship warrant to the
390	school. The school may not act as attorney in fact for the
391	parent of a scholarship student under the authority of a power
392	of attorney executed by such parent, or under any other
393	authority, to endorse scholarship warrants on behalf of such
394	parent.
395	(h)  Meet applicable state and local health, safety, and
396	welfare laws, codes, and rules, including:
397	1.  Fire safety.
398	2.  Building safety.
399	(i)  Employ or contract with teachers who hold
400	baccalaureate or higher degrees, have at least 3 years of
401	teaching experience in public or private schools, or have
402	special skills, knowledge, or expertise that qualifies them to
403	provide instruction in subjects taught.
404	(j)  Require each individual with direct student contact
405	with a scholarship student to be of good moral character, to be
406	subject to the level 1 background screening as provided under
407	chapter 435, to be denied employment or terminated if required
408	under s. 435.06, and not to be ineligible to teach in a public
409	school because his or her educator certificate is suspended or
410	revoked. For purposes of this paragraph:
411	1.  An "individual with direct student contact" means any
412	individual who has unsupervised access to a scholarship student
413	for whom the private school is responsible.
414	2.  The costs of fingerprinting and the background check
415	shall not be borne by the state.
416	3.  Continued employment of an individual after
417	notification that the individual has failed the level 1
418	background screening shall cause a private school to be
419	ineligible for participation in a scholarship program.
420	4.  An individual holding a valid Florida teaching
421	certificate who has been fingerprinted pursuant to s. 1012.32
422	shall not be required to comply with the provisions of this
423	paragraph.
424	(3)  The inability of a private school to meet the
425	requirements of this section shall constitute a basis for the
426	ineligibility of the private school to participate in a
427	scholarship program as determined by the department.
428	(4)(a)  The State Board of Education shall adopt rules
429	pursuant to ss. 120.536(1) and 120.54 to administer this
430	section.
431	(b)  The inclusion of eligible private schools within
432	options available to Florida public school students does not
433	expand the regulatory authority of the state, its officers, or
434	any school district to impose any additional regulation of
435	private schools beyond those reasonably necessary to enforce
436	requirements expressly set forth in this section.
437	Section 12.  Paragraph (b) of subsection (3) of section
438	1003.01, Florida Statutes, is amended to read:
439	1003.01  Definitions.--As used in this chapter, the term:
440	(3)
441	(b)  "Special education services" means specially designed
442	instruction and such related services as are necessary for an
443	exceptional student to benefit from education. Such services may
444	include: transportation; diagnostic and evaluation services;
445	social services; physical and occupational therapy; speech and
446	language pathology services; job placement; orientation and
447	mobility training; braillists, typists, and readers for the
448	blind; interpreters and auditory amplification; rehabilitation
449	counseling; transition services; mental health services;
450	guidance and career counseling; specified materials, assistive
451	technology devices, and other specialized equipment; and other
452	such services as approved by rules of the state board.
453	Section 13.  Paragraph (b) of subsection (2) of section
454	1003.03, Florida Statutes, is amended to read:
455	1003.03  Maximum class size.--
456	(2)  IMPLEMENTATION.--
457	(b)  Determination of the number of students per classroom
458	in paragraph (a) shall be calculated as follows:
459	1.  For fiscal years 2003-2004 through 2006-2007 2005-2006,
460	the calculation for compliance for each of the 3 grade groupings
461	shall be the average at the district level.
462	2.  For fiscal year years 2006-2007 through 2007-2008, the
463	calculation for compliance for each of the 3 grade groupings
464	shall be the average at the school level.
465	3.  For fiscal years 2008-2009, 2009-2010, and thereafter,
466	the calculation for compliance shall be at the individual
467	classroom level.
468	Section 14.  Section 1003.035, Florida Statutes, is created
469	to read:
470	1003.035  District average class size requirements.--
471	(1)  CONSTITUTIONAL CLASS SIZE REQUIREMENTS.--Pursuant to
472	s. 1, Art. IX of the State Constitution, beginning in the
473	2007-2008 school year:
474	(a)  The district average number of students assigned to
475	each teacher who is teaching core-curricula courses in public
476	school classrooms for prekindergarten through grade 3 may not
477	exceed 18 students.
478	(b)  The district average number of students assigned to
479	each teacher who is teaching core-curricula courses in public
480	school classrooms for grades 4 through 8 may not exceed 22
481	students.
482	(c)  The district average number of students assigned to
483	each teacher who is teaching core-curricula courses in public
484	school classrooms for grades 9 through 12 may not exceed 25
485	students.
486
487	However, in no event shall any such classroom exceed five
488	students over the district average allowable maximum.
489	(2)  IMPLEMENTATION.--
490	(a)  Beginning with the 2006-2007 fiscal year, each school
491	district that is not in compliance with the requirements in
492	subsection (1) shall reduce the district average class size in
493	each of the following grade groupings: prekindergarten through
494	grade 3, grade 4 through grade 8, and grade 9 through grade 12,
495	by at least two students each year until the district average
496	class size does not exceed the requirements in subsection (1).
497	(b)  The Department of Education shall annually calculate
498	each school district's average class size for each of the grade
499	groupings specified in paragraph (a) based upon the October
500	student membership survey.
501	(3)  IMPLEMENTATION OPTIONS.--District school boards must
502	consider, but are not limited to, implementing the following
503	items in order to meet the constitutional district average class
504	size requirements described in subsection (1) and the two-
505	student-per-year reduction required in subsection (2):
506	(a)  Adopt policies to encourage qualified students to take
507	dual enrollment courses.
508	(b)  Adopt policies to encourage students to take courses
509	from the Florida Virtual School.
510	(c)1.  Repeal district school board policies that require
511	students to have more than 24 credits to graduate from high
512	school.
513	2.  Adopt policies to allow students to graduate from high
514	school as soon as they pass the grade 10 FCAT and complete the
515	courses required for high school graduation.
516	(d)  Use methods to maximize use of instructional staff,
517	such as changing required teaching loads and scheduling of
518	planning periods, deploying district employees that have
519	professional certification to the classroom, using adjunct
520	educators, or any other method not prohibited by law.
521	(e)  Use innovative methods to reduce the cost of school
522	construction by using prototype school designs, using SMART
523	Schools designs, participating in the School Infrastructure
524	Thrift Program, or any other method not prohibited by law.
525	(f)  Use joint-use facilities through partnerships with
526	community colleges, state universities, and private colleges and
527	universities. Joint-use facilities available for use as K-12
528	classrooms that do not meet the K-12 State Regulations for
529	Educational Facilities in the Florida Building Code may be used
530	at the discretion of the district school board provided that
531	such facilities meet all other health, life, safety, and fire
532	codes.
533	(g)  Adopt alternative methods of class scheduling, such as
534	block scheduling.
535	(h)  Redraw school attendance zones to maximize use of
536	facilities while minimizing the additional use of
537	transportation.
538	(i)  Operate schools beyond the normal operating hours to
539	provide classes in the evening or operate more than one session
540	of school during the day.
541	(j)  Use year-round schools and other nontraditional
542	calendars that do not adversely impact annual assessment of
543	student achievement.
544	(k)  Review and consider amending any collective bargaining
545	contracts that hinder the implementation of class size
546	reduction.
547	(l)  Use any other approach not prohibited by law.
548	(4)  ACCOUNTABILITY.--
549	(a)  If the department determines for any year that a
550	school district has not reduced average class size as required
551	in subsection (2) at the time of the third FEFP calculation, the
552	department shall calculate an amount from the class size
553	reduction operating categorical which is proportionate to the
554	amount of class size reduction not accomplished. Upon
555	verification of the department's calculation by the Florida
556	Education Finance Program Appropriation Allocation Conference,
557	the Executive Office of the Governor shall transfer
558	undistributed funds equivalent to the calculated amount from the
559	district's class size reduction operating categorical to an
560	approved fixed capital outlay appropriation for class size
561	reduction in the affected district pursuant to s. 216.292(13).
562	The amount of funds transferred shall be the lesser of the
563	amount verified by the Florida Education Finance Program
564	Appropriation Allocation Conference or the undistributed balance
565	of the district's class size reduction operating categorical.
566	However, based upon a recommendation by the Commissioner of
567	Education that the State Board of Education has reviewed
568	evidence indicating that a district has been unable to meet
569	class size reduction requirements despite appropriate effort to
570	do so, the Legislative Budget Commission may approve an
571	alternative amount of funds to be transferred from the
572	district's class size reduction operating categorical to its
573	approved fixed capital outlay account for class size reduction.
574	(b)  Beginning in the 2007-2008 school year, the department
575	shall determine by January 15 of each year which districts do
576	not meet the requirements of subsection (1) based upon the
577	district's October student membership survey for the current
578	school year. The department shall report such districts to the
579	Legislature. Each district that has not met the requirements of
580	subsection (1) shall be required to implement one of the
581	following policies in the subsequent school year unless the
582	department finds that the district comes into compliance based
583	upon the February student membership survey:
584	1.  Year-round schools;
585	2.  Double sessions;
586	3.  Rezoning; or
587	4.  Maximizing use of instructional staff by changing
588	required teacher loads and scheduling of planning periods,
589	deploying school district employees who have professional
590	certification to the classroom, using adjunct educators,
591	operating schools beyond the normal operating hours to provide
592	classes in the evening, or operating more than one session
593	during the day.
594
595	A school district that is required to implement one of the
596	policies outlined in subparagraphs 1. through 4. shall correct
597	in the year of implementation any past deficiencies and bring
598	the district into compliance with the requirements of subsection
599	(1). A school district may choose to implement more than one of
600	these policies. The district school superintendent shall report
601	to the Commissioner of Education the extent to which the
602	district implemented any of the policies outlined in
603	subparagraphs 1. through 4. in a format to be specified by the
604	Commissioner of Education. The Department of Education shall use
605	the enforcement authority provided in s. 1008.32 to ensure that
606	districts comply with the provisions of this paragraph.
607	(c)  Beginning in the 2008-2009 school year, the department
608	shall annually determine which districts do not meet the
609	requirements described in subsection (1) based upon the October
610	student membership survey. In addition to enforcement authority
611	provided in s. 1008.32, the Department of Education shall
612	develop a constitutional compliance plan for each such district
613	which includes, but is not limited to, redrawing school
614	attendance zones to maximize use of facilities while minimizing
615	the additional use of transportation and the other
616	accountability policies listed in paragraph (b). Each district
617	school board shall implement the constitutional compliance plan
618	developed by the state board in the subsequent school year until
619	the district complies with the constitutional district average
620	class size requirements.
621	Section 15.  Subsection (3) of section 1003.05, Florida
622	Statutes, is amended to read:
623	1003.05  Assistance to transitioning students from military
624	families.--
625	(3)  Dependent children of active duty military personnel
626	who otherwise meet the eligibility criteria for special academic
627	programs offered through public schools shall be given first
628	preference for admission to such programs even if the program is
629	being offered through a public school other than the school to
630	which the student would generally be assigned and the school at
631	which the program is being offered has reached its maximum
632	enrollment. If such a program is offered through a public school
633	other than the school to which the student would generally be
634	assigned, the parent or guardian of the student must assume
635	responsibility for transporting the student to that school. For
636	purposes of this subsection, special academic programs include
637	charter schools, magnet schools, advanced studies programs,
638	advanced placement, dual enrollment, and International
639	Baccalaureate.
640	Section 16.  Section 1003.413, Florida Statutes, is created
641	to read:
642	1003.413  High school reform.--
643	(1)  Beginning with the 2005-2006 school year, each school
644	district shall establish policies to assist high school students
645	to remain in school, graduate on time, and be prepared for
646	postsecondary education and the workforce. Such policies must
647	address:
648	(a)  Intensive reading remediation for students in grades 9
649	through 12 scoring below Level 3 on FCAT Reading, pursuant to
650	the reading instruction plan required by s. 1011.62(8).
651	(b)  Credit recovery options and course scheduling designed
652	to allow high school students to earn credit for failed courses
653	so that they are able to graduate on time.
654	(c)  Immediate and frequent notification to parents of
655	students who are in danger of not graduating from high school.
656	(d)  Placement in alternative programs, such as programs
657	that emphasize applied integrated curricula, small learning
658	communities, support services, increased discipline, or other
659	strategies documented to improve student achievement.
660	(e)  Summer reading institutes for rising ninth graders
661	scoring below Level 3 on FCAT Reading, pursuant to the reading
662	instruction plan required by s. 1011.62(8).
663
664	A student's participation in an instructional or remediation
665	program prior to or immediately following entering grade 9 for
666	the first time shall not affect that student's classification as
667	a first-time ninth grader for reporting purposes, including
668	calculation of graduation and dropout rates.
669	(2)  The Commissioner of Education shall create and
670	implement the Challenge High School Recognition Program to
671	reward public high schools that demonstrate continuous academic
672	improvement and show the greatest gains in student academic
673	achievement in reading and mathematics.
674	Section 17.  High School Reform Task Force.--
675	(1)  There is created the High School Reform Task Force.
676	The task force shall work in conjunction with the Southern
677	Regional Education Board and the International Center for
678	Leadership in Education and shall be administratively supported
679	by the office of the Chancellor for K-12 Public Schools in the
680	Department of Education and the Just Read, Florida! Office.
681	Appointments to the task force shall be coordinated to ensure
682	that the membership reflects the geographic and cultural
683	diversity of Florida's school age population. The task force
684	shall be abolished upon submission of its recommendations.
685	(2)(a)  The Governor shall appoint members of the task
686	force from the following categories and shall appoint the chair
687	of the task force from its membership:
688	1.  Two representatives of public school districts, who may
689	be principals, district school board members, or school
690	superintendents, at least one of whom works in or with a school
691	with a school grade of "F."
692	2.  One high school teacher who teaches in a high school
693	with a school grade of "F."
694	3.  Two parents of high school students scoring at Level 1
695	on FCAT Reading, at least one whom has a child enrolled in a
696	school with a school grade of "F."
697	4.  One high school student.
698	5.  One teacher or administrator from a charter high
699	school.
700	6.  Two private school teachers or administrators from any
701	registered Florida private school with students in grades 9-12
702	regardless of whether the school is nonsectarian, sectarian, not
703	for profit, or for profit.
704	7.  One representative of the business community.
705	(b)  The Speaker of the House of Representatives shall
706	appoint one member of the House of Representatives to serve on
707	the task force and the President of the Senate shall appoint one
708	member of the Senate to serve on the task force.
709	(3)  Not later than January 1, 2006, the task force shall
710	vote to recommend to the Speaker of the House of
711	Representatives, the President of the Senate, and the Governor a
712	long-term plan for revisions to statutes, rules, and policies
713	that will improve Florida's grade 9 retention rate, graduation
714	rate, dropout rate, and college remediation rate and align high
715	school requirements with the needs of Florida's employers and
716	postsecondary educational institution requirements. The plan
717	must be programmatically and fiscally responsible, feasible, and
718	implementable. The plan must address, but is not limited to
719	addressing: graduation requirements; effective use of
720	accelerated high school graduation options pursuant to s.
721	1003.429; course redesign; remediation strategies; credit
722	recovery; use of alternative programs, including programs that
723	emphasize applied integrated curricula, small learning
724	communities, support services, or increased discipline; use of
725	technology; adjustments to the school grading system to reflect
726	learning gains by high school students; middle school systemic
727	alignment; transition from middle school to high school;
728	alignment with postsecondary and workforce education
729	requirements; and alignment with employer expectations.
730	Section 18.  Section 1003.415, Florida Statutes, is amended
731	to read:
732	1003.415  The Middle Grades Reform Act.--
733	(1)  POPULAR NAME.--This section shall be known by the
734	popular name the "Middle Grades Reform Act."
735	(2)  PURPOSE AND INTENT.--
736	(a)  The purpose of this section is to provide added focus
737	and rigor to academics in the middle grades. Using reading as
738	the foundation, all middle grade students should receive
739	rigorous academic instruction through challenging curricula
740	delivered by highly qualified teachers in schools with
741	outstanding leadership, which schools are supported by engaged
742	and informed parents.
743	(b)  It is the intent of the Legislature that students
744	promoted from the eighth grade will have the necessary reading
745	and mathematics skills to be ready for success in high school.
746	The mission of middle grades is to prepare students to graduate
747	from high school.
748	(3)  DEFINITION.--As used in this section, the term "middle
749	grades" means grades 6, 7, and 8.
750	(4)  CURRICULA AND COURSES.--The Department of Education
751	shall review course offerings, teacher qualifications,
752	instructional materials, and teaching practices used in reading
753	and language arts programs in the middle grades. The department
754	must consult with the Florida Center for Reading Research at
755	Florida State University, the Just Read, Florida! Office,
756	reading researchers, reading specialists, and district
757	supervisors of curriculum in the development of findings and
758	recommendations. The Commissioner of Education shall make
759	recommendations to the State Board of Education regarding
760	changes to reading and language arts curricula in the middle
761	grades based on research-based proven effective programs. The
762	State Board of Education shall adopt rules based upon the
763	commissioner's recommendations no later than March 1, 2005.
764	Implementation of new or revised reading and language arts
765	courses in all middle grades shall be phased in beginning no
766	later than the 2005-2006 school year with completion no later
767	than the 2008-2009 school year.
768	(5)  RIGOROUS READING REQUIREMENT.--
769	(a)  Beginning with the 2004-2005 school year, each public
770	school serving middle grade students, including charter schools,
771	with fewer than 75 percent of its students reading at or above
772	grade level in grade 6, grade 7, or grade 8 as measured by a
773	student scoring at Level 3 or above on the FCAT during the prior
774	school year, must incorporate by October 1 a rigorous reading
775	requirement for reading and language arts programs as the
776	primary component of its school improvement plan. The department
777	shall annually provide to each district school board by June 30
778	a list of its schools that are required to incorporate a
779	rigorous reading requirement as the primary component of the
780	school's improvement plan. The department shall provide
781	technical assistance to school districts and school
782	administrators required to implement the rigorous reading
783	requirement.
784	(b)  The purpose of the rigorous reading requirement is to
785	assist each student who is not reading at or above grade level
786	to do so before entering high school. The rigorous reading
787	requirement must include for a middle school's low-performing
788	student population specific areas that address phonemic
789	awareness, phonics, fluency, comprehension, and vocabulary; the
790	desired levels of performance in those areas; and the
791	instructional and support services to be provided to meet the
792	desired levels of performance. The school shall use research-
793	based reading activities that have been shown to be successful
794	in teaching reading to low-performing students.
795	(c)  Schools required to implement the rigorous reading
796	requirement must provide quarterly reports to the district
797	school superintendent on the progress of students toward
798	increased reading achievement.
799	(d)  The results of implementation of a school's rigorous
800	reading requirement shall be used as part of the annual
801	evaluation of the school's instructional personnel and school
802	administrators as required in s. 1012.34.
803	(6)  COMPREHENSIVE REFORM STUDY ON THE ACADEMIC PERFORMANCE
804	OF STUDENTS AND SCHOOLS.--
805	(a)  The department shall conduct a study on how the
806	overall academic performance of middle grade students and
807	schools can be improved. The department must consult with the
808	Florida Center for Reading Research at Florida State University,
809	the Just Read, Florida! Office, and key education stakeholders,
810	including district school board members, district school
811	superintendents, principals, parents, teachers, district
812	supervisors of curriculum, and students across the state, in the
813	development of its findings and recommendations. The department
814	shall review, at a minimum, each of the following elements:
815	1.  Academic expectations, which include, but are not
816	limited to:
817	a.  Alignment of middle school expectations with elementary
818	and high school graduation requirements.
819	b.  Best practices to improve reading and language arts
820	courses based on research-based programs for middle school
821	students in alignment with the Sunshine State Standards.
822	c.  Strategies that focus on improving academic success for
823	low-performing students.
824	d.  Rigor of curricula and courses.
825	e.  Instructional materials.
826	f.  Course enrollment by middle school students.
827	g.  Student support services.
828	h.  Measurement and reporting of student achievement.
829	2.  Attendance policies and student mobility issues.
830	3.  Teacher quality, which includes, but is not limited to:
831	a.  Preparedness of teachers to teach rigorous courses to
832	middle school students.
833	b.  Teacher evaluations.
834	c.  Substitute teachers.
835	d.  Certification and recertification requirements.
836	e.  Staff development requirements.
837	f.  Availability of effective staff development training.
838	g.  Teacher recruitment and vacancy issues.
839	h.  Federal requirements for highly qualified teachers
840	pursuant to the No Child Left Behind Act of 2001.
841	4.  Identification and availability of diagnostic testing.
842	5.  Availability of personnel and scheduling issues.
843	6.  Middle school leadership and performance.
844	7.  Parental and community involvement.
845	(b)  By December 1, 2004, the Commissioner of Education
846	shall submit to the President of the Senate, the Speaker of the
847	House of Representatives, the chairs of the education committees
848	in the Senate and the House of Representatives, and the State
849	Board of Education recommendations to increase the academic
850	performance of middle grade students and schools.
851	(5)(7)  PERSONALIZED MIDDLE SCHOOL SUCCESS PLAN.--
852	(a)  Beginning with the 2004-2005 school year, Each
853	principal of a school with a middle grade shall designate
854	certified staff members at the school to develop and administer
855	a personalized middle school success plan for each entering
856	sixth grade student who scored below Level 3 in reading on the
857	most recently administered FCAT. The purpose of the success plan
858	is to assist the student in meeting state and school district
859	expectations in academic proficiency and to prepare the student
860	for a rigorous high school curriculum. The success plan shall be
861	developed in collaboration with the student and his or her
862	parent and must be implemented until the student completes the
863	eighth grade or achieves a score at Level 3 or above in reading
864	on the FCAT, whichever occurs first. The success plan must
865	minimize paperwork and may be incorporated into a parent/teacher
866	conference, included as part of a progress report or report
867	card, included as part of a general orientation at the beginning
868	of the school year, or provided by electronic mail or other
869	written correspondence.
870	(b)  The personalized middle school success plan must:
871	1.  Identify educational goals and intermediate benchmarks
872	for the student in the core curriculum areas which will prepare
873	the student for high school.
874	2.  Be based upon academic performance data and an
875	identification of the student's strengths and weaknesses.
876	3.  Include academic intervention strategies with frequent
877	progress monitoring.
878	4.  Provide innovative methods to promote the student's
879	advancement which may include, but not be limited to, flexible
880	scheduling, tutoring, focus on core curricula, online
881	instruction, an alternative learning environment, or other
882	interventions that have been shown to accelerate the learning
883	process.
884	(c)  The personalized middle school success plan must be
885	incorporated into any individual student plan required by
886	federal or state law, including the academic improvement plan
887	required in s. 1008.25, an individual education plan (IEP) for a
888	student with disabilities, a federal 504 plan, or an ESOL plan.
889	(d)  The Department of Education shall provide technical
890	assistance for districts, school administrators, and
891	instructional personnel regarding the development of
892	personalized middle school success plans. The assistance shall
893	include strategies and techniques designed to maximize
894	interaction between students, parents, teachers, and other
895	instructional and administrative staff while minimizing
896	paperwork.
897	(6)(8)  STATE BOARD OF EDUCATION AUTHORITY.--
898	(a)  The State Board of Education shall have authority to
899	adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
900	the provisions of this section.
901	(b)  The State Board of Education shall have authority
902	pursuant to s. 1008.32 to enforce the provisions of this
903	section.
904	Section 19.  Section 1003.4155, Florida Statutes, is
905	created to read:
906	1003.4155  Middle school grading system.--The grading
907	system and interpretation of letter grades used in grades 6
908	through 8 shall be as follows:
909	(1)  Grade "A" equals 90 percent through 100 percent, has a
910	grade point average value of 4, and is defined as "outstanding
911	progress."
912	(2)  Grade "B" equals 80 percent through 89 percent, has a
913	grade point average value of 3, and is defined as "above average
914	progress."
915	(3)  Grade "C" equals 70 percent through 79 percent, has a
916	grade point average value of 2, and is defined as "average
917	progress."
918	(4)  Grade "D" equals 60 percent through 69 percent, has a
919	grade point average value of 1, and is defined as "lowest
920	acceptable progress."
921	(5)  Grade "F" equals zero percent through 59 percent, has
922	a grade point average value of zero, and is defined as
923	"failure."
924	(6)  Grade "I" equals zero percent, has a grade point
925	average value of zero, and is defined as "incomplete."
926	Section 20.  Section 1003.4156, Florida Statutes, is
927	created to read:
928	1003.4156  General requirements for middle school
929	promotion.--
930	(1)  Beginning with students entering grade 6 in the 2005-
931	2006 school year, promotion from a middle school with grades 6
932	through 8 requires that:
933	(a)  A student must successfully complete 12 academic
934	credits as follows:
935	1.  Three middle school or higher credits in
936	English/language arts.
937	2.  Three middle school or higher credits in mathematics.
938	3.  Two middle school or higher credits in social studies.
939	4.  Two middle school or higher credits in science.
940	5.  Two middle school or higher credits in elective
941	courses.
942	(b)  For each year in which a student scores at Level 1 or
943	Level 2 on FCAT Reading, the student must the following year be
944	enrolled in and complete a full-year intensive reading course
945	for which the student may earn up to one elective credit per
946	year. Students scoring at Level 3 or Level 4 on FCAT Reading may
947	be enrolled, with parental permission, in a full-year intensive
948	reading course for which the student may earn up to two elective
949	credits during middle school. Reading courses shall be designed
950	and offered pursuant to the reading instruction plan required by
951	s. 1011.62(8).
952	(2)  One full credit means a minimum of 135 hours of
953	instruction in a designated course of study that contains
954	student performance standards. For schools authorized by the
955	district school board to implement block scheduling, one full
956	credit means a minimum of 120 hours of instruction in a
957	designated course of study that contains student performance
958	standards.
959	(3)  District school boards shall establish policies to
960	implement the requirements of this section. The policies may
961	allow alternative methods for students to earn the credits
962	required by this section. School districts shall emphasize
963	alternative programs for students scoring at Level 1 on FCAT
964	Reading who have been retained in elementary school. The
965	alternatives may include, but are not limited to, opportunities
966	for students to:
967	(a)  Recover credits.
968	(b)  Be promoted on time to high school.
969	(c)  Be placed in programs that emphasize applied
970	integrated curricula, small learning communities, support
971	services, increased discipline, or other strategies documented
972	to improve student achievement.
973
974	The school district's policy shall be submitted to the State
975	Board of Education for approval. The school district's policy
976	shall be automatically approved unless specifically rejected by
977	the State Board of Education within 60 days after receipt.
978	(4)  The State Board of Education shall adopt rules
979	pursuant to ss. 120.536(1) and 120.54 to provide for alternative
980	middle school promotion standards for students in grade 6, grade
981	7, or grade 8, including students who are not enrolled in
982	schools with a grade 6 through 8 middle school configuration.
983	Section 21.  Subsection (2) of section 1003.42, Florida
984	Statutes, is amended to read:
985	1003.42  Required instruction.--
986	(2)  All members of the instructional staff of the public
987	schools, subject to the rules of the State Board of Education
988	and the district school board, shall teach efficiently and
989	faithfully, using the books and materials required that meet the
990	highest standards for professionalism and historic accuracy,
991	following the prescribed courses of study, and employing
992	approved methods of instruction, the following:
993	(a)  The history and content of the Declaration of
994	Independence as written, including national sovereignty, natural
995	law, self-evident truth, equality of all persons, limited
996	government, popular sovereignty, and God-given, inalienable
997	rights of life, liberty, and property, and how they form it
998	forms the philosophical foundation of our government.
999	(b)  The history, meaning, significance, and effect of the
1000	provisions of the Constitution of the United States and
1001	amendments thereto with emphasis on each of the 10 amendments
1002	that make up the Bill of Rights and how the Constitution
1003	provides the structure of our government.
1004	(c)  The history of the state and the State Constitution.
1005	(d)(b)  The most important arguments in support of adopting
1006	our republican form of government, as they are embodied in the
1007	most important of the Federalist Papers.
1008	(c)  The essentials of the United States Constitution and
1009	how it provides the structure of our government.
1010	(e)(d)  Flag education, including proper flag display and
1011	flag salute.
1012	(f)(e)  The elements of United States civil government,
1013	including the primary functions of and interrelationships
1014	between the Federal Government, the state, and its counties,
1015	municipalities, school districts, and special districts.
1016	(g)  The history of the United States, including the period
1017	of discovery, early colonies, the War for Independence, the
1018	Civil War, Reconstruction, the expansion of the United States to
1019	its present boundaries, the world wars, and the Civil Rights
1020	Movement to the present. The history of the United States shall
1021	be taught as genuine history and shall not follow the
1022	revisionist or postmodernist viewpoints of relative truth.
1023	American history shall be viewed as factual, not as constructed,
1024	shall be viewed as knowable, teachable, and testable, and shall
1025	be defined as the creation of a new nation based largely on the
1026	universal principles stated in the Declaration of Independence.
1027	(h)(f)  The history of the Holocaust (1933-1945), the
1028	systematic, planned annihilation of European Jews and other
1029	groups by Nazi Germany, a watershed event in the history of
1030	humanity, to be taught in a manner that leads to an
1031	investigation of human behavior, an understanding of the
1032	ramifications of prejudice, racism, and stereotyping, and an
1033	examination of what it means to be a responsible and respectful
1034	person, for the purposes of encouraging tolerance of diversity
1035	in a pluralistic society and for nurturing and protecting
1036	democratic values and institutions.
1037	(i)(g)  The history of African Americans, including the
1038	history of African peoples before the political conflicts that
1039	led to the development of slavery, the passage to America, the
1040	enslavement experience, abolition, and the contributions of
1041	African Americans to society.
1042	(j)(h)  The elementary principles of agriculture.
1043	(k)(i)  The true effects of all alcoholic and intoxicating
1044	liquors and beverages and narcotics upon the human body and
1045	mind.
1046	(l)(j)  Kindness to animals.
1047	(k)  The history of the state.
1048	(m)(l)  The conservation of natural resources.
1049	(n)(m)  Comprehensive health education that addresses
1050	concepts of community health; consumer health; environmental
1051	health; family life, including an awareness of the benefits of
1052	sexual abstinence as the expected standard and the consequences
1053	of teenage pregnancy; mental and emotional health; injury
1054	prevention and safety; nutrition; personal health; prevention
1055	and control of disease; and substance use and abuse.
1056	(o)(n)  Such additional materials, subjects, courses, or
1057	fields in such grades as are prescribed by law or by rules of
1058	the State Board of Education and the district school board in
1059	fulfilling the requirements of law.
1060	(p)(o)  The study of Hispanic contributions to the United
1061	States.
1062	(q)(p)  The study of women's contributions to the United
1063	States.
1064	(r)  The nature and importance of free enterprise to the
1065	United States economy.
1066	(s)(q)  A character-development program in the elementary
1067	schools, similar to Character First or Character Counts, which
1068	is secular in nature and stresses such character qualities as
1069	attentiveness, patience, and initiative. Beginning in school
1070	year 2004-2005, the character-development program shall be
1071	required in kindergarten through grade 12. Each district school
1072	board shall develop or adopt a curriculum for the character-
1073	development program that shall be submitted to the department
1074	for approval. The character-development curriculum shall stress
1075	the qualities of patriotism;, responsibility;, citizenship; the
1076	Golden Rule;, kindness;, respect for authority, human life,
1077	liberty, and personal property;, honesty; charity;, self-
1078	control;, racial, ethnic, and religious tolerance;, and
1079	cooperation.
1080	(t)(r)  In order to encourage patriotism, the sacrifices
1081	that veterans have made in serving our country and protecting
1082	democratic values worldwide. Such instruction must occur on or
1083	before Veterans' Day and Memorial Day. Members of the
1084	instructional staff are encouraged to use the assistance of
1085	local veterans when practicable.
1086	Section 22.  Paragraph (g) of subsection (1) of section
1087	1003.43, Florida Statutes, is amended to read:
1088	1003.43  General requirements for high school graduation.--
1089	(1)  Graduation requires successful completion of either a
1090	minimum of 24 academic credits in grades 9 through 12 or an
1091	International Baccalaureate curriculum. The 24 credits shall be
1092	distributed as follows:
1093	(g)  One-half credit in American government, including
1094	study of the Declaration of Independence and the Constitution of
1095	the United States. For students entering the 9th grade in the
1096	1997-1998 school year and thereafter, the study of Florida
1097	government, including study of the State Constitution, the three
1098	branches of state government, and municipal and county
1099	government, shall be included as part of the required study of
1100	American government.
1101
1102	District school boards may award a maximum of one-half credit in
1103	social studies and one-half elective credit for student
1104	completion of nonpaid voluntary community or school service
1105	work. Students choosing this option must complete a minimum of
1106	75 hours of service in order to earn the one-half credit in
1107	either category of instruction. Credit may not be earned for
1108	service provided as a result of court action. District school
1109	boards that approve the award of credit for student volunteer
1110	service shall develop guidelines regarding the award of the
1111	credit, and school principals are responsible for approving
1112	specific volunteer activities. A course designated in the Course
1113	Code Directory as grade 9 through grade 12 that is taken below
1114	the 9th grade may be used to satisfy high school graduation
1115	requirements or Florida Academic Scholars award requirements as
1116	specified in a district school board's student progression plan.
1117	A student shall be granted credit toward meeting the
1118	requirements of this subsection for equivalent courses, as
1119	identified pursuant to s. 1007.271(6), taken through dual
1120	enrollment.
1121	Section 23.  Section 1003.57, Florida Statutes, is amended
1122	to read:
1123	1003.57  Exceptional students instruction.--
1124	(1)  Each district school board shall provide for an
1125	appropriate program of special instruction, facilities, and
1126	services for exceptional students as prescribed by the State
1127	Board of Education as acceptable, including provisions that:
1128	(a)(1)  The district school board provide the necessary
1129	professional services for diagnosis and evaluation of
1130	exceptional students.
1131	(b)(2)  The district school board provide the special
1132	instruction, classes, and services, either within the district
1133	school system, in cooperation with other district school
1134	systems, or through contractual arrangements with approved
1135	private schools or community facilities that meet standards
1136	established by the commissioner.
1137	(c)(3)  The district school board annually provide
1138	information describing the Florida School for the Deaf and the
1139	Blind and all other programs and methods of instruction
1140	available to the parent of a sensory-impaired student.
1141	(d)(4)  The district school board, once every 3 years,
1142	submit to the department its proposed procedures for the
1143	provision of special instruction and services for exceptional
1144	students.
1145	(e)(5)  No student be given special instruction or services
1146	as an exceptional student until after he or she has been
1147	properly evaluated, classified, and placed in the manner
1148	prescribed by rules of the State Board of Education. The parent
1149	of an exceptional student evaluated and placed or denied
1150	placement in a program of special education shall be notified of
1151	each such evaluation and placement or denial. Such notice shall
1152	contain a statement informing the parent that he or she is
1153	entitled to a due process hearing on the identification,
1154	evaluation, and placement, or lack thereof. Such hearings shall
1155	be exempt from the provisions of ss. 120.569, 120.57, and
1156	286.011, except to the extent that the State Board of Education
1157	adopts rules establishing other procedures and any records
1158	created as a result of such hearings shall be confidential and
1159	exempt from the provisions of s. 119.07(1). The hearing must be
1160	conducted by an administrative law judge from the Division of
1161	Administrative Hearings of the Department of Management
1162	Services. The decision of the administrative law judge shall be
1163	final, except that any party aggrieved by the finding and
1164	decision rendered by the administrative law judge shall have the
1165	right to bring a civil action in the circuit court. In such an
1166	action, the court shall receive the records of the
1167	administrative hearing and shall hear additional evidence at the
1168	request of either party. In the alternative, any party aggrieved
1169	by the finding and decision rendered by the administrative law
1170	judge shall have the right to request an impartial review of the
1171	administrative law judge's order by the district court of appeal
1172	as provided by s. 120.68. Notwithstanding any law to the
1173	contrary, during the pendency of any proceeding conducted
1174	pursuant to this section, unless the district school board and
1175	the parents otherwise agree, the student shall remain in his or
1176	her then-current educational assignment or, if applying for
1177	initial admission to a public school, shall be assigned, with
1178	the consent of the parents, in the public school program until
1179	all such proceedings have been completed.
1180	(f)(6)  In providing for the education of exceptional
1181	students, the district school superintendent, principals, and
1182	teachers shall utilize the regular school facilities and adapt
1183	them to the needs of exceptional students to the maximum extent
1184	appropriate. Segregation of exceptional students shall occur
1185	only if the nature or severity of the exceptionality is such
1186	that education in regular classes with the use of supplementary
1187	aids and services cannot be achieved satisfactorily.
1188	(g)(7)  In addition to the services agreed to in a
1189	student's individual education plan, the district school
1190	superintendent shall fully inform the parent of a student having
1191	a physical or developmental disability of all available services
1192	that are appropriate for the student's disability. The
1193	superintendent shall provide the student's parent with a summary
1194	of the student's rights.
1195	(2)(a)  An exceptional student with a disability who
1196	resides in a residential facility and receives special
1197	instruction or services is considered a resident of the state in
1198	which the parent is a resident. The cost of such instruction,
1199	facilities, and services for a nonresident exceptional student
1200	with a disability shall be provided by the placing authority,
1201	such as a public school entity, other placing authority, or
1202	parent, in the parent's state of residence. A nonresident
1203	exceptional student with a disability who resides in a
1204	residential facility may not be reported by any school district
1205	for FTE funding in the Florida Education Finance Program.
1206	(b)  The Department of Education shall provide to each
1207	school district a statement of the specific limitations of the
1208	district's financial obligation for exceptional students with
1209	disabilities under federal and state law. The department shall
1210	also provide to each school district technical assistance as
1211	necessary for developing a local plan to impose on a parent's
1212	state of residence the fiscal responsibility for educating a
1213	nonresident exceptional student with a disability.
1214	(c)  The Department of Education shall develop a process by
1215	which a school district must, before providing services to an
1216	exceptional student with a disability who resides in a
1217	residential facility in this state, review the residency of the
1218	student. The residential facility, not the district, is
1219	responsible for billing and collecting from the parent's state
1220	of residence for the nonresident student's educational and
1221	related services.
1222	(d)  This subsection applies to any nonresident exceptional
1223	student with a disability who resides in a residential facility
1224	and who receives instruction as an exceptional student with a
1225	disability in any type of residential facility in this state,
1226	including, but not limited to, a private school, a group home
1227	facility as defined in s. 393.063, an intensive residential
1228	treatment program for children and adolescents as defined in s.
1229	395.002, a facility as defined in s. 394.455, an intermediate
1230	care facility for the developmentally disabled or ICF/DD as
1231	defined in s. 393.063 or s. 400.960, or a community residential
1232	home as defined in s. 419.001.
1233	(3)  Notwithstanding s. 1000.21(5), for purposes of this
1234	section, the term "parent" is defined as either or both parents
1235	of a student or any guardian of a student.
1236	(4)  The State Board of Education may adopt rules pursuant
1237	to ss. 120.536(1) and 120.54 to implement the provisions of this
1238	section relating to determination of the residency of an
1239	exceptional student with a disability.
1240	Section 24.  Section 1003.575, Florida Statutes, is created
1241	to read:
1242	1003.575  Individual education plans for exceptional
1243	students.--The Department of Education shall coordinate the
1244	development of an individual education plan (IEP) form for use
1245	in developing and implementing individual education plans for
1246	exceptional students. The IEP form shall have a streamlined
1247	format and shall be compatible with federal standards. The
1248	department shall make the IEP form available to each school
1249	district in the state to facilitate the use of an existing IEP
1250	when a student transfers from one school district to another.
1251	Section 25.  Subsection (3) of section 1003.58, Florida
1252	Statutes, is amended to read:
1253	1003.58  Students in residential care facilities.--Each
1254	district school board shall provide educational programs
1255	according to rules of the State Board of Education to students
1256	who reside in residential care facilities operated by the
1257	Department of Children and Family Services.
1258	(3)  The district school board shall have full and complete
1259	authority in the matter of the assignment and placement of such
1260	students in educational programs. The parent of an exceptional
1261	student shall have the same due process rights as are provided
1262	under s. 1003.57(1)(e)(5).
1263
1264	Notwithstanding the provisions herein, the educational program
1265	at the Marianna Sunland Center in Jackson County shall be
1266	operated by the Department of Education, either directly or
1267	through grants or contractual agreements with other public or
1268	duly accredited educational agencies approved by the Department
1269	of Education.
1270	Section 26.  Paragraph (a) of subsection (1) and paragraph
1271	(a) of subsection (2) of section 1003.62, Florida Statutes, are
1272	amended to read:
1273	1003.62  Academic performance-based charter school
1274	districts.--The State Board of Education may enter into a
1275	performance contract with district school boards as authorized
1276	in this section for the purpose of establishing them as academic
1277	performance-based charter school districts. The purpose of this
1278	section is to examine a new relationship between the State Board
1279	of Education and district school boards that will produce
1280	significant improvements in student achievement, while complying
1281	with constitutional and statutory requirements assigned to each
1282	entity.
1283	(1)  ACADEMIC PERFORMANCE-BASED CHARTER SCHOOL DISTRICT.--
1284	(a)  A school district shall be eligible for designation as
1285	an academic performance-based charter school district if it is a
1286	high-performing school district in which a minimum of 50 percent
1287	of the schools earn a performance grade of category "A" or "B"
1288	and in which no school earns a performance grade of category "D"
1289	or "F" for 2 consecutive years pursuant to s. 1008.34. Schools
1290	that receive a performance grade of category "I" or "N" shall
1291	not be included in this calculation. The performance contract
1292	for a school district that earns a charter based on school
1293	performance grades shall be predicated on maintenance of at
1294	least 50 percent of the schools in the school district earning a
1295	performance grade of category "A" or "B" with no school in the
1296	school district earning a performance grade of category "D" or
1297	"F" for 2 consecutive years. A school district in which the
1298	number of schools that earn a performance grade of "A" or "B" is
1299	less than 50 percent may have its charter renewed for 1 year;
1300	however, if the percentage of "A" or "B" schools is less than 50
1301	percent for 2 consecutive years, the charter shall not be
1302	renewed.
1303	(2)  EXEMPTION FROM STATUTES AND RULES.--
1304	(a)  An academic performance-based charter school district
1305	shall operate in accordance with its charter and shall be exempt
1306	from certain State Board of Education rules and statutes if the
1307	State Board of Education determines such an exemption will
1308	assist the district in maintaining or improving its high-
1309	performing status pursuant to paragraph (1)(a). However, the
1310	State Board of Education may not exempt an academic performance-
1311	based charter school district from any of the following
1312	statutes:
1313	1.  Those statutes pertaining to the provision of services
1314	to students with disabilities.
1315	2.  Those statutes pertaining to civil rights, including s.
1316	1000.05, relating to discrimination.
1317	3.  Those statutes pertaining to student health, safety,
1318	and welfare.
1319	4.  Those statutes governing the election or compensation
1320	of district school board members.
1321	5.  Those statutes pertaining to the student assessment
1322	program and the school grading system, including chapter 1008.
1323	6.  Those statutes pertaining to financial matters,
1324	including chapter 1010.
1325	7.  Those statutes pertaining to planning and budgeting,
1326	including chapter 1011, except that ss. 1011.64 and 1011.69
1327	shall be eligible for exemption.
1328	8.  Sections 1012.22(1)(c), 1012.2312, and 1012.27(2),
1329	relating to performance-pay and differentiated-pay policies for
1330	school administrators and instructional personnel. Professional
1331	service contracts shall be subject to the provisions of ss.
1332	1012.33 and 1012.34.
1333	9.  Those statutes pertaining to educational facilities,
1334	including chapter 1013, except as specified under contract with
1335	the State Board of Education. However, no contractual provision
1336	that could have the effect of requiring the appropriation of
1337	additional capital outlay funds to the academic performance-
1338	based charter school district shall be valid.
1339	Section 27.  Paragraph (e) of subsection (2) of section
1340	1005.22, Florida Statutes, is amended to read:
1341	1005.22  Powers and duties of commission.--
1342	(2)  The commission may:
1343	(e)  Advise the Governor, the Legislature, the State Board
1344	of Education, the Council for Education Policy Research and
1345	Improvement, and the Commissioner of Education on issues
1346	relating to private postsecondary education.
1347	Section 28.  Subsection (3) of section 1007.33, Florida
1348	Statutes, is amended to read:
1349	1007.33  Site-determined baccalaureate degree access.--
1350	(3)  A community college may develop a proposal to deliver
1351	specified baccalaureate degree programs in its district to meet
1352	local workforce needs. The proposal must be submitted to the
1353	State Board of Education for approval. The community college's
1354	proposal must include the following information:
1355	(a)  Demand for the baccalaureate degree program is
1356	identified by the workforce development board, local businesses
1357	and industry, local chambers of commerce, and potential
1358	students.
1359	(b)  Unmet need for graduates of the proposed degree
1360	program is substantiated.
1361	(c)  The community college has the facilities and academic
1362	resources to deliver the program.
1363
1364	The proposal must be submitted to the Council for Education
1365	Policy Research and Improvement for review and comment. Upon
1366	approval of the State Board of Education for the specific degree
1367	program or programs, the community college shall pursue regional
1368	accreditation by the Commission on Colleges of the Southern
1369	Association of Colleges and Schools. Any additional
1370	baccalaureate degree programs the community college wishes to
1371	offer must be approved by the State Board of Education.
1372	Section 29.  Paragraph (f) of subsection (1), paragraphs
1373	(c) and (e) of subsection (3), and subsection (9) of section
1374	1008.22, Florida Statutes, are amended, subsection (10) is
1375	renumbered as subsection (11), and a new subsection (10) is
1376	added to said section, to read:
1377	1008.22  Student assessment program for public schools.--
1378	(1)  PURPOSE.--The primary purposes of the student
1379	assessment program are to provide information needed to improve
1380	the public schools by enhancing the learning gains of all
1381	students and to inform parents of the educational progress of
1382	their public school children. The program must be designed to:
1383	(f)  Provide information on the performance of Florida
1384	students compared with other students others across the United
1385	States.
1386	(3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
1387	design and implement a statewide program of educational
1388	assessment that provides information for the improvement of the
1389	operation and management of the public schools, including
1390	schools operating for the purpose of providing educational
1391	services to youth in Department of Juvenile Justice programs.
1392	The commissioner may enter into contracts for the continued
1393	administration of the assessment, testing, and evaluation
1394	programs authorized and funded by the Legislature. Contracts may
1395	be initiated in 1 fiscal year and continue into the next and may
1396	be paid from the appropriations of either or both fiscal years.
1397	The commissioner is authorized to negotiate for the sale or
1398	lease of tests, scoring protocols, test scoring services, and
1399	related materials developed pursuant to law. Pursuant to the
1400	statewide assessment program, the commissioner shall:
1401	(c)  Develop and implement a student achievement testing
1402	program known as the Florida Comprehensive Assessment Test
1403	(FCAT) as part of the statewide assessment program, to be
1404	administered annually in grades 3 through 10 to measure reading,
1405	writing, science, and mathematics. Other content areas may be
1406	included as directed by the commissioner. The assessment of
1407	reading and mathematics shall be administered annually in grades
1408	3 through 10. The assessment of writing and science shall be
1409	administered at least once at the elementary, middle, and high
1410	school levels. The testing program must be designed so that:
1411	1.  The tests measure student skills and competencies
1412	adopted by the State Board of Education as specified in
1413	paragraph (a). The tests must measure and report student
1414	proficiency levels in reading, writing, mathematics, and
1415	science. The commissioner shall provide for the tests to be
1416	developed or obtained, as appropriate, through contracts and
1417	project agreements with private vendors, public vendors, public
1418	agencies, postsecondary educational institutions, or school
1419	districts. The commissioner shall obtain input with respect to
1420	the design and implementation of the testing program from state
1421	educators and the public.
1422	2.  The testing program will include a combination of norm-
1423	referenced and criterion-referenced tests and include, to the
1424	extent determined by the commissioner, questions that require
1425	the student to produce information or perform tasks in such a
1426	way that the skills and competencies he or she uses can be
1427	measured.
1428	3.  Each testing program, whether at the elementary,
1429	middle, or high school level, includes a test of writing in
1430	which students are required to produce writings that are then
1431	scored by appropriate methods.
1432	4.  A score is designated for each subject area tested,
1433	below which score a student's performance is deemed inadequate.
1434	The school districts shall provide appropriate remedial
1435	instruction to students who score below these levels.
1436	5.  Except as provided in s. 1003.43(11)(b), students must
1437	earn a passing score on the grade 10 assessment test described
1438	in this paragraph or on an alternate assessment as described in
1439	subsection (9) in reading, writing, and mathematics to qualify
1440	for a regular high school diploma. The State Board of Education
1441	shall designate a passing score for each part of the grade 10
1442	assessment test. In establishing passing scores, the state board
1443	shall consider any possible negative impact of the test on
1444	minority students. All students who took the grade 10 FCAT
1445	during the 2000-2001 school year shall be required to earn the
1446	passing scores in reading and mathematics established by the
1447	State Board of Education for the March 2001 test administration.
1448	Such students who did not earn the established passing scores
1449	and must repeat the grade 10 FCAT are required to earn the
1450	passing scores established for the March 2001 test
1451	administration. All students who take the grade 10 FCAT for the
1452	first time in March 2002 shall be required to earn the passing
1453	scores in reading and mathematics established by the State Board
1454	of Education for the March 2002 test administration. The State
1455	Board of Education shall adopt rules which specify the passing
1456	scores for the grade 10 FCAT. Any such rules, which have the
1457	effect of raising the required passing scores, shall only apply
1458	to students taking the grade 10 FCAT for the first time after
1459	such rules are adopted by the State Board of Education.
1460	6.  Participation in the testing program is mandatory for
1461	all students attending public school, including students served
1462	in Department of Juvenile Justice programs, except as otherwise
1463	prescribed by the commissioner. If a student does not
1464	participate in the statewide assessment, the district must
1465	notify the student's parent and provide the parent with
1466	information regarding the implications of such nonparticipation.
1467	If modifications are made in the student's instruction to
1468	provide accommodations that would not be permitted on the
1469	statewide assessment tests, the district must notify the
1470	student's parent of the implications of such instructional
1471	modifications. A parent must provide signed consent for a
1472	student to receive instructional modifications that would not be
1473	permitted on the statewide assessments and must acknowledge in
1474	writing that he or she understands the implications of such
1475	accommodations. The State Board of Education shall adopt rules,
1476	based upon recommendations of the commissioner, for the
1477	provision of test accommodations and modifications of procedures
1478	as necessary for students in exceptional education programs and
1479	for students who have limited English proficiency.
1480	Accommodations that negate the validity of a statewide
1481	assessment are not allowable.
1482	7.  A student seeking an adult high school diploma must
1483	meet the same testing requirements that a regular high school
1484	student must meet.
1485	8.  District school boards must provide instruction to
1486	prepare students to demonstrate proficiency in the skills and
1487	competencies necessary for successful grade-to-grade progression
1488	and high school graduation. If a student is provided with
1489	accommodations or modifications that are not allowable in the
1490	statewide assessment program, as described in the test manuals,
1491	the district must inform the parent in writing and must provide
1492	the parent with information regarding the impact on the
1493	student's ability to meet expected proficiency levels in
1494	reading, writing, and math. The commissioner shall conduct
1495	studies as necessary to verify that the required skills and
1496	competencies are part of the district instructional programs.
1497	9.  The Department of Education must develop, or select,
1498	and implement a common battery of assessment tools that will be
1499	used in all juvenile justice programs in the state. These tools
1500	must accurately measure the skills and competencies established
1501	in the Florida Sunshine State Standards.
1502
1503	The commissioner may design and implement student testing
1504	programs, for any grade level and subject area, necessary to
1505	effectively monitor educational achievement in the state.
1506	(e)  Conduct ongoing research and analysis of student
1507	achievement data, including, without limitation, monitoring
1508	trends in student achievement by grade level and overall student
1509	achievement, identifying school programs that are successful,
1510	and analyzing correlates of school achievement.
1511	(9)  EQUIVALENCIES FOR STANDARDIZED TESTS.--
1512	(a)  The State Board of Education shall conduct concordance
1513	studies, as necessary, to determine scores on the SAT and the
1514	ACT equivalent to those required on the FCAT for high school
1515	graduation pursuant to s. 1003.429(6)(a) or s. 1003.43(5)(a).
1516	(b)(a)  The Commissioner of Education shall approve the use
1517	of the SAT and ACT tests as alternative assessments to the grade
1518	10 FCAT for the 2003-2004 school year. Students who attain
1519	scores on the SAT or ACT which equate to the passing scores on
1520	the grade 10 FCAT for purposes of high school graduation shall
1521	satisfy the assessment requirement for a standard high school
1522	diploma as provided in s. 1003.429(6)(a) or s. 1003.43(5)(a) for
1523	the 2003-2004 school year if the students meet the requirement
1524	in paragraph (c)(b).
1525	(c)(b)  A student shall be required to take each subject
1526	area of the grade 10 FCAT a total of three times without earning
1527	a passing score in order to use the corresponding subject area
1528	scores on an alternative assessment pursuant to paragraph
1529	(b)(a). This requirement shall not apply to a new student who
1530	enters is a new student to the Florida public school system in
1531	grade 12, who may either take the FCAT or use approved score
1532	equivalencies to fulfill the graduation requirement.
1533	(10)  REPORTS.--The Department of Education shall annually
1534	provide a report to the Governor, the President of the Senate,
1535	and the Speaker of the House of Representatives on the
1536	following:
1537	(a)  Longitudinal performance of students in mathematics
1538	and reading.
1539	(b)  Longitudinal performance of students by grade level in
1540	mathematics and reading.
1541	(c)  Longitudinal performance regarding efforts to close
1542	the achievement gap.
1543	(d)  Longitudinal performance of students on the norm-
1544	referenced component of the FCAT.
1545	(e)  Other student performance data based on national norm-
1546	referenced and criterion-referenced tests, when available.
1547	Section 30.  Paragraph (b) of subsection (4) and paragraph
1548	(b) of subsection (8) of section 1008.25, Florida Statutes, are
1549	amended, and paragraph (c) is added to subsection (8) of said
1550	section, to read:
1551	1008.25  Public school student progression; remedial
1552	instruction; reporting requirements.--
1553	(4)  ASSESSMENT AND REMEDIATION.--
1554	(b)  The school in which the student is enrolled must
1555	develop, in consultation with the student's parent, and must
1556	implement an academic improvement plan designed to assist the
1557	student in meeting state and district expectations for
1558	proficiency. For a student for whom a personalized middle school
1559	success plan is required pursuant to s. 1003.415, the middle
1560	school success plan must be incorporated in the student's
1561	academic improvement plan. Beginning with the 2002-2003 school
1562	year, if the student has been identified as having a deficiency
1563	in reading, the academic improvement plan shall identify the
1564	student's specific areas of deficiency in phonemic awareness,
1565	phonics, fluency, comprehension, and vocabulary; the desired
1566	levels of performance in these areas; and the instructional and
1567	support services to be provided to meet the desired levels of
1568	performance. Schools shall also provide for the frequent
1569	monitoring of the student's progress in meeting the desired
1570	levels of performance. District school boards may require low-
1571	performing students to attend remediation programs held before
1572	or after regular school hours, upon the request of the school
1573	principal, and shall assist schools and teachers to implement
1574	research-based reading activities that have been shown to be
1575	successful in teaching reading to low-performing students.
1576	Remedial instruction provided during high school may not be in
1577	lieu of English and mathematics credits required for graduation.
1578	(8)  ANNUAL REPORT.--
1579	(b)  Beginning with the 2001-2002 school year, Each
1580	district school board must annually publish in the local
1581	newspaper, and report in writing to the State Board of Education
1582	by September 1 of each year, the following information on the
1583	prior school year:
1584	1.  The provisions of this section relating to public
1585	school student progression and the district school board's
1586	policies and procedures on student retention and promotion.
1587	2.  By grade, the number and percentage of all students in
1588	grades 3 through 10 performing at Levels 1 and 2 on the reading
1589	portion of the FCAT.
1590	3.  By grade, the number and percentage of all students
1591	retained in grades 3 through 10.
1592	4.  Information on the total number of students who were
1593	promoted for good cause, by each category of good cause as
1594	specified in paragraph (6)(b).
1595	5.  Any revisions to the district school board's policy on
1596	student retention and promotion from the prior year.
1597	(c)  The Department of Education shall establish a uniform
1598	format for school districts to report the information required
1599	in paragraph (b). The format shall be developed with input from
1600	school districts and shall be provided not later than 60 days
1601	prior to the annual due date. The department shall annually
1602	compile the information required in subparagraphs (b)2., 3., and
1603	4., along with state-level summary information, and report such
1604	information to the Governor, the President of the Senate, and
1605	the Speaker of the House of Representatives.
1606	Section 31.  Section 1008.301, Florida Statutes, is
1607	repealed.
1608	Section 32.  Section 1008.31, Florida Statutes, is amended
1609	to read:
1610	1008.31  Florida's K-20 education performance
1611	accountability system; legislative intent; public accountability
1612	and reporting performance-based funding; mission, goals, and
1613	systemwide measures.--
1614	(1)  LEGISLATIVE INTENT.--It is the intent of the
1615	Legislature that:
1616	(a)  The performance accountability system implemented to
1617	assess the effectiveness of Florida's seamless K-20 education
1618	delivery system provide answers to the following questions in
1619	relation to its mission and goals:
1620	1.  What is the public receiving in return for funds it
1621	invests in education?
1622	2.  How effectively is Florida's K-20 education system
1623	educating its students?
1624	3.  How effectively are the major delivery sectors
1625	promoting student achievement?
1626	4.  How are individual schools and postsecondary education
1627	institutions performing their responsibility to educate their
1628	students as measured by how students are performing and how much
1629	they are learning?
1630	(b)  The K-20 education performance accountability system
1631	be established as a single, unified accountability system with
1632	multiple components, including, but not limited to, measures of
1633	adequate yearly progress, individual student learning gains in
1634	public schools, school grades, and return on investment.
1635	(c)  The K-20 education performance accountability system
1636	comply with the accountability requirements of the "No Child
1637	Left Behind Act of 2001," Pub. L. No. 107-110.
1638	(d)  The State Board of Education recommend to the
1639	Legislature systemwide performance standards; the Legislature
1640	establish systemwide performance measures and standards; and the
1641	systemwide measures and standards provide Floridians with
1642	information on what the public is receiving in return for the
1643	funds it invests in education and how well the K-20 system
1644	educates its students.
1645	(e)  The State Board of Education establish performance
1646	measures and set performance standards for individual components
1647	of the public education system, including individual schools and
1648	postsecondary educational institutions, with measures and
1649	standards based primarily on student achievement.
1650	(2)  PERFORMANCE-BASED FUNDING.--
1651	(a)  The State Board of Education shall cooperate with each
1652	delivery system to develop proposals for performance-based
1653	funding, using performance measures adopted pursuant to this
1654	section.
1655	(b)  The State Board of Education proposals must provide
1656	that at least 10 percent of the state funds appropriated for the
1657	K-20 education system are conditional upon meeting or exceeding
1658	established performance standards.
1659	(c)  The State Board of Education shall adopt guidelines
1660	required to implement performance-based funding that allow 1
1661	year to demonstrate achievement of specified performance
1662	standards prior to a reduction in appropriations pursuant to
1663	this section.
1664	(d)  By December 1, 2003, the State Board of Education
1665	shall adopt common definitions, measures, standards, and
1666	performance improvement targets required to:
1667	1.  Use the state core measures and the sector-specific
1668	measures to evaluate the progress of each sector of the
1669	educational delivery system toward meeting the systemwide goals
1670	for public education.
1671	2.  Notify the sectors of their progress in achieving the
1672	specified measures so that they may develop improvement plans
1673	that directly influence decisions about policy, program
1674	development, and management.
1675	3.  Implement the performance-based budgeting system
1676	described in this section.
1677	(e)  During the 2003-2004 fiscal year, the Department of
1678	Education shall collect data required to establish progress,
1679	rewards, and sanctions.
1680	(f)  By December 1, 2004, the Department of Education shall
1681	recommend to the Legislature a formula for performance-based
1682	funding that applies accountability standards for the individual
1683	components of the public education system at every level,
1684	kindergarten through graduate school. Effective for the 2004-
1685	2005 fiscal year and thereafter, subject to annual legislative
1686	approval in the General Appropriations Act, performance-based
1687	funds shall be allocated based on the progress, rewards, and
1688	sanctions established pursuant to this section.
1689	(2)(3)  MISSION, GOALS, AND SYSTEMWIDE MEASURES.--
1690	(a)  The mission of Florida's K-20 education system shall
1691	be to increase the proficiency of all students within one
1692	seamless, efficient system, by allowing them the opportunity to
1693	expand their knowledge and skills through learning opportunities
1694	and research valued by students, parents, and communities.
1695	(b)  The process State Board of Education shall adopt
1696	guiding principles for establishing state and sector-specific
1697	standards and measures must be:
1698	1.  Focused on student success.
1699	2.  Addressable through policy and program changes.
1700	3.  Efficient and of high quality.
1701	4.  Measurable over time.
1702	5.  Simple to explain and display to the public.
1703	6.  Aligned with other measures and other sectors to
1704	support a coordinated K-20 education system.
1705	(c)  The Department State Board of Education shall maintain
1706	an accountability system that measures student progress toward
1707	the following goals:
1708	1.  Highest student achievement, as indicated by evidence
1709	of student learning gains at all levels measured by: student
1710	FCAT performance and annual learning gains; the number and
1711	percentage of schools that improve at least one school
1712	performance grade designation or maintain a school performance
1713	grade designation of "A" pursuant to s. 1008.34; graduation or
1714	completion rates at all learning levels; and other measures
1715	identified in law or rule.
1716	2.  Seamless articulation and maximum access, as measured
1717	by evidence of progression, readiness, and access by targeted
1718	groups of students identified by the Commissioner of Education:
1719	the percentage of students who demonstrate readiness for the
1720	educational level they are entering, from kindergarten through
1721	postsecondary education and into the workforce; the number and
1722	percentage of students needing remediation; the percentage of
1723	Floridians who complete associate, baccalaureate, graduate,
1724	professional, and postgraduate degrees; the number and
1725	percentage of credits that articulate; the extent to which each
1726	set of exit-point requirements matches the next set of entrance-
1727	point requirements; the degree to which underserved populations
1728	access educational opportunity; the extent to which access is
1729	provided through innovative educational delivery strategies; and
1730	other measures identified in law or rule.
1731	3.  Skilled workforce and economic development, as measured
1732	by evidence of employment and earnings: the number and
1733	percentage of graduates employed in their areas of preparation;
1734	the percentage of Floridians with high school diplomas and
1735	postsecondary education credentials; the percentage of business
1736	and community members who find that Florida's graduates possess
1737	the skills they need; national rankings; and other measures
1738	identified in law or rule.
1739	4.  Quality efficient services, as measured by evidence of
1740	return on investment: cost per completer or graduate; average
1741	cost per noncompleter at each educational level; cost disparity
1742	across institutions offering the same degrees; the percentage of
1743	education customers at each educational level who are satisfied
1744	with the education provided; and other measures identified in
1745	law or rule.
1746	5.  Other goals as identified by law or rule.
1747	(3)(4)  K-20 EDUCATION DATA QUALITY IMPROVEMENTS SYSTEMWIDE
1748	DATA COLLECTION.--To provide data required to implement
1749	education performance accountability measures in state and
1750	federal law, the Commissioner of Education shall initiate and
1751	maintain strategies to improve data quality and timeliness.
1752	(a)  School districts and public postsecondary educational
1753	institutions shall maintain information systems that will
1754	provide the State Board of Education, the Board of Governors,
1755	and the Legislature with information and reports necessary to
1756	address the specifications of the accountability system. The
1757	State Board of Education shall determine the standards for the
1758	required data. The level of comprehensiveness and quality shall
1759	be no less than that which was available as of June 30, 2001.
1760	(b)  The Commissioner of Education shall determine the
1761	standards for the required data, monitor data quality, and
1762	measure improvements. The commissioner shall report annually to
1763	the State Board of Education, the Board of Governors, the
1764	President of the Senate, and the Speaker of the House of
1765	Representatives data quality indicators and ratings for all
1766	school districts and public postsecondary educational
1767	institutions.
1768	(4)  REPORTING OR DATA COLLECTION.--The department shall
1769	coordinate with school districts in developing any reporting or
1770	data collection requirements to address the specifications of
1771	the accountability system. Before establishing any new reporting
1772	or data collection requirements, the department shall utilize
1773	any existing data being collected to reduce duplication and
1774	minimize paperwork.
1775	(5)  RULES.--The State Board of Education shall adopt rules
1776	pursuant to ss. 120.536(1) and 120.54 to implement the
1777	provisions of this section.
1778	Section 33.  Subsections (1), (2), and (4) of section
1779	1008.33, Florida Statutes, are amended to read:
1780	1008.33  Authority to enforce public school
1781	improvement.--It is the intent of the Legislature that all
1782	public schools be held accountable for students performing at
1783	acceptable levels. A system of school improvement and
1784	accountability that assesses student performance by school,
1785	identifies schools in which students are not making adequate
1786	progress toward state standards, institutes appropriate measures
1787	for enforcing improvement, and provides rewards and sanctions
1788	based on performance shall be the responsibility of the State
1789	Board of Education.
1790	(1)  Pursuant to Art. IX of the State Constitution
1791	prescribing the duty of the State Board of Education to
1792	supervise Florida's public school system and notwithstanding any
1793	other statutory provisions to the contrary, the State Board of
1794	Education shall intervene in the operation of a district school
1795	system when one or more schools in the school district have
1796	failed to make adequate progress for 2 school years in a 4-year
1797	period. For purposes of determining when a school is eligible
1798	for state board action and opportunity scholarships for its
1799	students, the terms "2 years in any 4-year period" and "2 years
1800	in a 4-year period" mean that in any year that a school has a
1801	grade of "F," the school is eligible for state board action and
1802	opportunity scholarships for its students if it also has had a
1803	grade of "F" in any of the previous 3 school years. The State
1804	Board of Education may determine that the school district or
1805	school has not taken steps sufficient for students in the school
1806	to be academically well served. Considering recommendations of
1807	the Commissioner of Education, the State Board of Education
1808	shall recommend action to a district school board intended to
1809	improve educational services to students in each school that is
1810	designated with a as performance grade of category "F."
1811	Recommendations for actions to be taken in the school district
1812	shall be made only after thorough consideration of the unique
1813	characteristics of a school, which shall include student
1814	mobility rates, the number and type of exceptional students
1815	enrolled in the school, and the availability of options for
1816	improved educational services. The state board shall adopt by
1817	rule steps to follow in this process. Such steps shall provide
1818	school districts sufficient time to improve student performance
1819	in schools and the opportunity to present evidence of assistance
1820	and interventions that the district school board has
1821	implemented.
1822	(2)  The State Board of Education may recommend one or more
1823	of the following actions to district school boards to enable
1824	students in schools designated with a as performance grade of
1825	category "F" to be academically well served by the public school
1826	system:
1827	(a)  Provide additional resources, change certain
1828	practices, and provide additional assistance if the state board
1829	determines the causes of inadequate progress to be related to
1830	school district policy or practice;
1831	(b)  Implement a plan that satisfactorily resolves the
1832	education equity problems in the school;
1833	(c)  Contract for the educational services of the school,
1834	or reorganize the school at the end of the school year under a
1835	new school principal who is authorized to hire new staff and
1836	implement a plan that addresses the causes of inadequate
1837	progress;
1838	(d)  Transfer high-quality teachers, faculty, and staff as
1839	needed to ensure adequate educational opportunities designed to
1840	improve the performance of students in a low-performing school;
1841	(e)(d)  Allow parents of students in the school to send
1842	their children to another district school of their choice; or
1843	(f)(e)  Other action appropriate to improve the school's
1844	performance.
1845	(4)  The State Board of Education may require the
1846	Department of Education or Chief Financial Officer to withhold
1847	any transfer of state funds to the school district if, within
1848	the timeframe specified in state board action, the school
1849	district has failed to comply with the action ordered to improve
1850	the district's low-performing schools. Withholding the transfer
1851	of funds shall occur only after all other recommended actions
1852	for school improvement have failed to improve performance. The
1853	State Board of Education may impose the same penalty on any
1854	district school board that fails to develop and implement a plan
1855	for assistance and intervention for low-performing schools as
1856	specified in s. 1001.42(16)(d)(c).
1857	Section 34.  Section 1008.34, Florida Statutes, is amended
1858	to read:
1859	1008.34  School grading system; school report cards;
1860	district performance grade.--
1861	(1)  ANNUAL REPORTS.--The Commissioner of Education shall
1862	prepare annual reports of the results of the statewide
1863	assessment program which describe student achievement in the
1864	state, each district, and each school. The commissioner shall
1865	prescribe the design and content of these reports, which must
1866	include, without limitation, descriptions of the performance of
1867	all schools participating in the assessment program and all of
1868	their major student populations as determined by the
1869	Commissioner of Education, and must also include the median
1870	scores of all eligible students who scored at or in the lowest
1871	25th percentile of the state in the previous school year;
1872	provided, however, that the provisions of s. 1002.22 pertaining
1873	to student records apply to this section.
1874	(2)  SCHOOL GRADES PERFORMANCE GRADE CATEGORIES.--The
1875	annual report shall identify schools as having one of the
1876	following grades being in one of the following grade categories
1877	defined according to rules of the State Board of Education:
1878	(a)  "A," schools making excellent progress.
1879	(b)  "B," schools making above average progress.
1880	(c)  "C," schools making satisfactory progress.
1881	(d)  "D," schools making less than satisfactory progress.
1882	(e)  "F," schools failing to make adequate progress.
1883
1884	Each school designated with a in performance grade of category
1885	"A," making excellent progress, or having improved at least two
1886	performance grade levels categories, shall have greater
1887	authority over the allocation of the school's total budget
1888	generated from the FEFP, state categoricals, lottery funds,
1889	grants, and local funds, as specified in state board rule. The
1890	rule must provide that the increased budget authority shall
1891	remain in effect until the school's performance grade declines.
1892	(3)  DESIGNATION OF SCHOOL GRADES PERFORMANCE GRADE
1893	CATEGORIES.--All schools shall receive a school grade except
1894	those alternative schools that receive a school improvement
1895	rating pursuant to s. 1008.341. Alternative schools may choose
1896	to receive a school grade pursuant to the provisions of this
1897	section in lieu of a school improvement rating described in s.
1898	1008.341. School grades performance grade category designations
1899	itemized in subsection (2) shall be based on the following:
1900	(a)  Criteria Timeframes.--A school's grade shall be based
1901	on a combination of:
1902	1.  Student achievement scores School performance grade
1903	category designations shall be based on the school's current
1904	year performance and the school's annual learning gains.
1905	2.  A school's performance grade category designation shall
1906	be based on a combination of student achievement scores, Student
1907	learning gains as measured by annual FCAT assessments in grades
1908	3 through 10., and
1909	3.  Improvement of the lowest 25th percentile of students
1910	in the school in reading, math, or writing on the FCAT Reading,
1911	unless these students are exhibiting performing above
1912	satisfactory performance.
1913	(b)  Student assessment data.--Student assessment data used
1914	in determining school grades performance grade categories shall
1915	include:
1916	1.  The aggregate scores of all eligible students enrolled
1917	in the school who have been assessed on the FCAT.
1918	2.  The aggregate scores of all eligible students enrolled
1919	in the school who have been assessed on the FCAT, including
1920	Florida Writes, and who have scored at or in the lowest 25th
1921	percentile of students in the school in reading, math, or
1922	writing, unless these students are exhibiting performing above
1923	satisfactory performance.
1924	3.  The achievement scores and learning gains of eligible
1925	students attending alternative schools that provide dropout
1926	prevention and academic intervention services pursuant to s.
1927	1003.53. The term "eligible students" in this subparagraph does
1928	not include students attending an alternative school who are
1929	subject to district school board policies for expulsion for
1930	repeated or serious offenses, who are in dropout retrieval
1931	programs serving students who have officially been designated as
1932	dropouts, or who are in Department of Juvenile Justice operated
1933	and contracted programs. The student performance data for
1934	eligible students identified in this subparagraph shall be
1935	included in the calculation of the home school's grade. For
1936	purposes of this section and s. 1008.341, "home school" means
1937	the school the student was attending when assigned to an
1938	alternative school or the school to which the student would be
1939	assigned if the student left the alternative school. If an
1940	alternative school chooses to be graded pursuant to this
1941	section, student performance data for eligible students
1942	identified in this subparagraph shall not be included in the
1943	home school's grade but shall only be included in calculation of
1944	the alternative school's improvement rating. School districts
1945	must ensure collaboration between the home school and the
1946	alternative school to promote student success.
1947
1948	The Department of Education shall study the effects of mobility
1949	on the performance of highly mobile students and recommend
1950	programs to improve the performance of such students. The State
1951	Board of Education shall adopt appropriate criteria for each
1952	school performance grade category. The criteria must also give
1953	added weight to student achievement in reading. Schools
1954	designated with a as performance grade of category "C," making
1955	satisfactory progress, shall be required to demonstrate that
1956	adequate progress has been made by students in the school who
1957	are in the lowest 25th percentile in reading, math, or writing
1958	on the FCAT, including Florida Writes, unless these students are
1959	exhibiting performing above satisfactory performance.
1960	(4)  SCHOOL IMPROVEMENT RATINGS.--The annual report shall
1961	identify each school's performance as having improved, remained
1962	the same, or declined. This school improvement rating shall be
1963	based on a comparison of the current year's and previous year's
1964	student and school performance data. Schools that improve at
1965	least one performance grade category are eligible for school
1966	recognition awards pursuant to s. 1008.36.
1967	(5)  SCHOOL REPORT CARD PERFORMANCE GRADE CATEGORY AND
1968	IMPROVEMENT RATING REPORTS.--The Department of Education shall
1969	annually develop, in collaboration with the school districts, a
1970	school report card to be delivered to parents throughout each
1971	school district. The report card shall include the school's
1972	grade, information regarding school improvement, an explanation
1973	of school performance as evaluated by the federal No Child Left
1974	Behind Act of 2001, and indicators of return on investment.
1975	School performance grade category designations and improvement
1976	ratings shall apply to each school's performance for the year in
1977	which performance is measured. Each school's report card
1978	designation and rating shall be published annually by the
1979	department on its website, of Education and the school district
1980	shall provide the school report card to each parent. Parents
1981	shall be entitled to an easy-to-read report card about the
1982	designation and rating of the school in which their child is
1983	enrolled.
1984	(6)(7)  PERFORMANCE-BASED FUNDING.--The Legislature may
1985	factor in the performance of schools in calculating any
1986	performance-based funding policy that is provided for annually
1987	in the General Appropriations Act.
1988	(7)(8)  DISTRICT PERFORMANCE GRADE.--The annual report
1989	required by subsection (1) shall include district performance
1990	grades, which shall consist of weighted district average grades,
1991	by level, for all elementary schools, middle schools, and high
1992	schools in the district. A district's weighted average grade
1993	shall be calculated by weighting individual school grades
1994	determined pursuant to subsection (2) by school enrollment.
1995	(8)(6)  RULES.--The State Board of Education shall adopt
1996	rules pursuant to ss. 120.536(1) and 120.54 to implement the
1997	provisions of this section.
1998	Section 35.  Section 1008.341, Florida Statutes, is created
1999	to read:
2000	1008.341  School improvement rating for alternative
2001	schools.--
2002	(1)  ANNUAL REPORTS.--The Commissioner of Education shall
2003	prepare an annual report on the performance of each school
2004	receiving a school improvement rating pursuant to this section
2005	provided that the provisions of s. 1002.22 pertaining to student
2006	records shall apply.
2007	(2)  SCHOOL IMPROVEMENT RATING.--Alternative schools that
2008	provide dropout prevention and academic intervention services
2009	pursuant to s. 1003.53 shall receive a school improvement rating
2010	pursuant to this section. The school improvement rating shall
2011	identify schools as having one of the following ratings defined
2012	according to rules of the State Board of Education:
2013	(a)  "Improving," schools with students making more
2014	academic progress than when the students were served in their
2015	home schools.
2016	(b)  "Maintaining," schools with students making progress
2017	equivalent to the progress made when the students were served in
2018	their home schools.
2019	(c)  "Declining," schools with students making less
2020	academic progress than when the students were served in their
2021	home schools.
2022
2023	The school improvement rating shall be based on a comparison of
2024	the current year and previous year student performance data.
2025	Schools that improve at least one level or maintain an
2026	"improving" rating pursuant to this section are eligible for
2027	school recognition awards pursuant to s. 1008.36.
2028	(3)  DESIGNATION OF SCHOOL IMPROVEMENT RATING.--Student
2029	assessment data used in determining an alternative school's
2030	school improvement rating shall include:
2031	(a)  The aggregate scores of all eligible students who were
2032	assigned to and enrolled in the school during the October or
2033	February FTE count, who have been assessed on the FCAT, and who
2034	have FCAT or comparable scores for the preceding school year.
2035	(b)  The aggregate scores of all eligible students who were
2036	assigned to and enrolled in the school during the October or
2037	February FTE count, who have been assessed on the FCAT,
2038	including Florida Writes, and who have scored in the lowest 25th
2039	percentile of students in the state on FCAT Reading.
2040
2041	The scores of students who are subject to district school board
2042	policies for expulsion for repeated or serious offenses, who are
2043	in dropout retrieval programs serving students who have
2044	officially been designated as dropouts, or who are in Department
2045	of Juvenile Justice operated and contracted programs shall not
2046	be included in an alternative school's school improvement
2047	rating.
2048	(4)  IDENTIFICATION OF STUDENT LEARNING GAINS.--For each
2049	alternative school receiving a school improvement rating, the
2050	Department of Education shall annually identify the percentage
2051	of students making learning gains as compared to the percentage
2052	of the same students making learning gains in their home schools
2053	in the year prior to being assigned to the alternative school.
2054	(5)  SCHOOL REPORT CARD.--The Department of Education shall
2055	annually develop, in collaboration with the school districts, a
2056	school report card for alternative schools to be delivered to
2057	parents throughout each school district. The report card shall
2058	include the school improvement rating, identification of student
2059	learning gains, information regarding school improvement, an
2060	explanation of school performance as evaluated by the federal No
2061	Child Left Behind Act of 2001, and indicators of return on
2062	investment.
2063	(6)  RULES.--The State Board of Education shall adopt rules
2064	pursuant to ss. 120.536(1) and 120.54 to implement the
2065	provisions of this section.
2066	Section 36.  Subsection (5), paragraphs (b) and (d) of
2067	subsection (6), and subsection (7) of section 1008.345, Florida
2068	Statutes, are amended to read:
2069	1008.345  Implementation of state system of school
2070	improvement and education accountability.--
2071	(5)  The commissioner shall report to the Legislature and
2072	recommend changes in state policy necessary to foster school
2073	improvement and education accountability. Included in the report
2074	shall be a list of the schools, including schools operating for
2075	the purpose of providing educational services to youth in
2076	Department of Juvenile Justice programs, for which district
2077	school boards have developed assistance and intervention plans
2078	and an analysis of the various strategies used by the school
2079	boards. School reports shall be distributed pursuant to this
2080	subsection and s. 1001.42(16)(f)(e) and according to rules
2081	adopted by the State Board of Education.
2082	(6)
2083	(b)  Upon request, the department shall provide technical
2084	assistance and training to any school, including any school
2085	operating for the purpose of providing educational services to
2086	youth in Department of Juvenile Justice programs, school
2087	advisory council, district, or district school board for
2088	conducting needs assessments, developing and implementing school
2089	improvement plans, developing and implementing assistance and
2090	intervention plans, or implementing other components of school
2091	improvement and accountability. Priority for these services
2092	shall be given to schools designated with a as performance grade
2093	of category "D" or "F" and school districts in rural and
2094	sparsely populated areas of the state.
2095	(d)  The department shall assign a community assessment
2096	team to each school district with a school designated with a as
2097	performance grade of category "D" or "F" to review the school
2098	performance data and determine causes for the low performance.
2099	The team shall make recommendations to the school board, to the
2100	department, and to the State Board of Education for implementing
2101	an assistance and intervention plan that will address the causes
2102	of the school's low performance. The assessment team shall
2103	include, but not be limited to, a department representative,
2104	parents, business representatives, educators, and community
2105	activists, and shall represent the demographics of the community
2106	from which they are appointed.
2107	(7)(a)  Schools designated with a in performance grade of
2108	category "A," making excellent progress, shall, if requested by
2109	the school, be given deregulated status as specified in s.
2110	1003.63(5), (7), (8), (9), and (10).
2111	(b)  Schools that have improved at least two grades
2112	performance grade categories and that meet the criteria of the
2113	Florida School Recognition Program pursuant to s. 1008.36 may be
2114	given deregulated status as specified in s. 1003.63(5), (7),
2115	(8), (9), and (10).
2116	Section 37.  Subsections (3), (4), and (5) of section
2117	1008.36, Florida Statutes, are amended to read:
2118	1008.36  Florida School Recognition Program.--
2119	(3)  All public schools, including charter schools, that
2120	receive a school grade pursuant to s. 1008.34 or a school
2121	improvement rating pursuant to s. 1008.341 are eligible to
2122	participate in the program. For the purpose of this section, a
2123	school or schools serving any combination of kindergarten
2124	through grade 3 students that do not receive a school grade
2125	under s. 1008.34 shall be assigned the school grade of the
2126	feeder pattern school designated by the Department of Education
2127	and verified by the school district and shall be eligible to
2128	participate in the program based on that feeder. A "feeder
2129	school pattern" is defined as a pattern in which at least 60
2130	percent of the students in the school not receiving a school
2131	grade are assigned to the graded school. A feeder pattern school
2132	shall be subject to the Opportunity Scholarship Program as
2133	defined in s. 1002.38.
2134
2135	================ T I T L E  A M E N D M E N T =============
2136	Remove line(s) 3094-3219 and insert:
2137	request of an Opportunity Scholarship; creating s. 1002.385,
2138	F.S.; establishing the Reading Compact Scholarship Program to
2139	provide students with reading deficiencies the option to attend
2140	a public or private school of choice; providing eligibility
2141	requirements for receipt of a Reading Compact Scholarship to
2142	attend a private school and restricting use of such scholarship;
2143	providing for the term of a scholarship; providing school
2144	district obligation to notify parents of available options;
2145	providing Department of Education obligations, including
2146	establishment of a process for notification of violations,
2147	subsequent investigation, and certification of compliance by
2148	private schools and selection of a research organization to
2149	analyze student performance data; providing Commissioner of
2150	Education authority and obligations, including the denial,
2151	suspension, or revocation of a private school's participation in
2152	the scholarship program and procedures and timelines therefor;
2153	providing private school eligibility requirements and
2154	obligations, including compliance with specified laws and
2155	academic accountability to the parent; providing parent and
2156	student responsibilities for scholarship program participation,
2157	including compliance with the private school's published
2158	policies, participation in student academic assessment, and
2159	restrictive endorsement of scholarship warrants; prohibiting
2160	power of attorney for endorsing a scholarship warrant; providing
2161	funding and payment requirements, including calculation of
2162	scholarship amount, payment process, and Department of Financial
2163	Services review; providing for immunity; providing scope of
2164	authority; requiring adoption of rules; creating s. 1002.421,
2165	F.S., relating to rights and obligations of private schools
2166	participating in state school choice scholarship programs;
2167	providing requirements for participation in a scholarship
2168	program, including compliance with specified state, local, and
2169	federal laws and demonstration of fiscal soundness; requiring
2170	restrictive endorsement of checks and prohibiting a school from
2171	acting as attorney in fact; requiring employment of qualified
2172	teachers and background screening of individuals with direct
2173	student contact; requiring adoption of rules; amending s.
2174	1003.01, F.S.; revising definition of the term "special
2175	education services"; amending s. 1003.03, F.S.; modifying
2176	implementation provisions relating to constitutional class size
2177	requirements; creating s. 1003.035, F.S.; providing class size
2178	requirements based on district average contingent upon
2179	constitutional amendment; providing implementation and
2180	calculation requirements; specifying options to meet class size
2181	requirements; authorizing transfer of funds for class size
2182	reduction; requiring certain actions by school districts not in
2183	compliance; requiring constitutional compliance plans in certain
2184	instances; amending s. 1003.05, F.S.; deleting the requirement
2185	that certain children receive preference for admission to
2186	special academic programs even if maximum enrollment has been
2187	reached; removing charter schools from the definition of special
2188	academic programs; creating s. 1003.413, F.S.; requiring each
2189	school district to establish policies to assist high school
2190	students to remain in school, graduate on time, and be prepared
2191	for postsecondary education and the workplace; directing the
2192	Commissioner of Education to create and implement the Challenge
2193	High School Recognition Program; creating the High School Reform
2194	Task Force and providing for appointment of members; requiring
2195	recommendation of a long-term plan relating to high school
2196	reform and specifying items to be addressed; providing for
2197	termination of the task force; amending s. 1003.415, F.S.;
2198	providing the mission of middle grades; deleting the rigorous
2199	reading requirement for middle grade students; deleting obsolete
2200	language relating to a department study; creating s. 1003.4155,
2201	F.S.; specifying the grading scale for grades 6 through 8;
2202	creating s. 1003.4156, F.S.; specifying general requirements for
2203	middle school promotion; requiring an intensive reading course
2204	under certain circumstances; defining an academic credit;
2205	requiring school district policies and authorizing alternative
2206	methods for progression; requiring adoption of rules for
2207	alternative promotion standards; amending s. 1003.42, F.S.;
2208	revising provisions relating to required instruction and courses
2209	of study in the public schools; including study of the history
2210	of the United States and free enterprise; amending s. 1003.43,
2211	F.S., relating to general requirements for high school
2212	graduation; including study of the Declaration of Independence
2213	in the credit requirement for American government; amending s.
2214	1003.57, F.S.; providing guidelines for determining the
2215	residency of an exceptional student with a disability who
2216	resides in a residential facility and receives special
2217	instruction or services; requiring the placing authority in a
2218	parent's state of residence to pay the cost of such instruction,
2219	facilities, and services for a nonresident exceptional student
2220	with a disability; providing requirements of the department and
2221	school districts with respect to financial obligations;
2222	providing responsibilities of residential facilities that
2223	educate exceptional students with disabilities; providing
2224	applicability; defining the term "parent" for purposes of the
2225	section; authorizing adoption of rules; creating s. 1003.575,
2226	F.S.; requiring the department to coordinate the development of
2227	an individual education plan form for use in developing and
2228	implementing individual education plans for exceptional
2229	students; requiring the form to be available to school districts
2230	to facilitate the use of an individual education plan when a
2231	student transfers; amending s. 1003.58, F.S.; correcting a cross
2232	reference; amending s. 1003.62, F.S.; conforming provisions
2233	relating to the designation of school grades and differentiated-
2234	pay policies; amending ss. 1005.22 and 1007.33, F.S.; conforming
2235	provisions relating to the repeal of the Council for Education
2236	Policy Research and Improvement; amending s. 1008.22, F.S.;
2237	specifying grade level and subject area testing requirements;
2238	requiring the State Board of Education to conduct concordance
2239	studies to determine FCAT equivalencies for high school
2240	graduation; deleting a limitation on and specifying requirements
2241	for the use of alternative assessments to the grade 10 FCAT;
2242	requiring an annual report on student performance; amending s.
2243	1008.25, F.S.; authorizing district school boards to require
2244	low-performing students to attend remediation programs outside
2245	of regular school hours; requiring the department to establish a
2246	uniform format for reporting information relating to student
2247	progression; requiring an annual report; repealing s. 1008.301,
2248	F.S., relating to a concordance study of FCAT equivalencies for
2249	high school graduation; amending s. 1008.31, F.S.; deleting
2250	provisions relating to performance-based funding; revising goals
2251	and measures of the K-20 performance accountability system and
2252	requiring data quality improvement; providing for development of
2253	reporting and data collection requirements; requiring adoption
2254	of rules; amending s. 1008.33, F.S.; conforming provisions
2255	relating to the designation of school grades and a cross
2256	reference; authorizing district school boards to transfer
2257	teachers, faculty, and staff as needed; amending s. 1008.34,
2258	F.S.; revising terminology and provisions relating to
2259	designation and determination of school grades; specifying use
2260	of assessment data with respect to alternative schools; defining
2261	the term "home school"; requiring an annual school report card
2262	to be published by the department and distributed by school
2263	districts; creating s. 1008.341, F.S.; requiring improvement
2264	ratings for certain alternative schools; providing the basis for
2265	such ratings and requiring annual performance reports; providing
2266	for determination of school improvement ratings, identification
2267	of learning gains, and eligibility for school recognition
2268	awards; requiring an annual report card to be developed by the
2269	department and distributed by school districts; requiring
2270	adoption of rules; amending s. 1008.345, F.S.; conforming
2271	provisions relating to the designation of school grades and a
2272	cross reference; amending s. 1008.36, F.S.; providing for
2273	assignment of school grades to certain feeder pattern schools
2274	that do not receive such a grade for purposes of participation
2275	in the Florida School Recognition Program; defining feeder
2276	school pattern; providing that a feeder pattern school shall be
2277	subject to the Opportunity Scholarship Program; modifying
2278	procedures for determination and use of school recognition
2279	awards; amending s. 1008.45

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