Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HCB 6007, 2nd Eng.
Barcode 681006
CHAMBER ACTION
Senate House
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11 Senator Lynn moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Subsection (1) of section 1001.03, Florida
18 Statutes, is amended to read:
19 1001.03 Specific powers of State Board of Education.--
20 (1) PUBLIC K-12 STUDENT PERFORMANCE STANDARDS.--The
21 State Board of Education shall approve the student performance
22 standards known as the Sunshine State Standards in key
23 academic subject areas and grade levels. The board shall
24 periodically review the standards to ensure adequate rigor,
25 logical pupil progression, and articulation from grade to
26 grade, and shall evaluate the extent to which the standards
27 are being taught at each grade level.
28 Section 2. Section 1001.215, Florida Statutes, is
29 created to read:
30 1001.215 Just Read, Florida! Office.--There is created
31 within the Department of Education the Just Read, Florida!
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1 Office. The office shall:
2 (1) Train professionally certified teachers to become
3 certified reading coaches.
4 (2) Train K-12 teachers, school principals, and
5 parents on research-based strategies for reading instruction.
6 (3) Provide technical assistance to districts in the
7 development and implementation of, and annually review and
8 approve district plans for use of, the Research-based Reading
9 Instruction Allocation pursuant to s. 1011.62(9).
10 (4) Work with the Florida Center for Reading Research
11 created under s. 1004.64 to provide information on
12 research-based reading programs.
13 (5) Periodically review the Sunshine State Standards
14 for reading at all grade levels.
15 (6) Periodically review the teacher certification
16 examinations to ensure that they reflect proficiency in
17 research-based strategies for reading instruction.
18 (7) Work with teacher preparation programs approved
19 under s. 1004.04 to ensure the integration of research-based
20 strategies for reading instruction into teacher preparation
21 programs.
22 (8) Administer grants and perform other functions
23 necessary to assist with meeting the goal that all students
24 are reading on grade level.
25 Section 3. Subsection (16) of section 1001.42, Florida
26 Statutes, is amended to read:
27 1001.42 Powers and duties of district school
28 board.--The district school board, acting as a board, shall
29 exercise all powers and perform all duties listed below:
30 (16) IMPLEMENT SCHOOL IMPROVEMENT AND
31 ACCOUNTABILITY.--Maintain a system of school improvement and
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1 education accountability as provided by statute and State
2 Board of Education rule. This system of school improvement and
3 education accountability shall be consistent with, and
4 implemented through, the district's continuing system of
5 planning and budgeting required by this section and ss.
6 1008.385, 1010.01, and 1011.01. This system of school
7 improvement and education accountability shall include, but is
8 not limited to, the following:
9 (a) School improvement plans.--Annually approve and
10 require implementation of a new, amended, or continuation
11 school improvement plan for each school in the district,
12 except that a district school board may establish a district
13 school improvement plan that includes all schools in the
14 district operating for the purpose of providing educational
15 services to youth in Department of Juvenile Justice programs.
16 Such plan shall be designed to achieve the state education
17 priorities pursuant to s. 1000.03(5) and student performance
18 standards. In addition, any school required to implement a
19 rigorous reading requirement pursuant to s. 1003.415 must
20 include such component in its school improvement plan. Each
21 plan shall also address issues relative to budget, training,
22 instructional materials, technology, staffing, student support
23 services, specific school safety and discipline strategies,
24 student health and fitness, including physical fitness,
25 parental information on student health and fitness, and indoor
26 environmental air quality, and other matters of resource
27 allocation, as determined by district school board policy, and
28 shall be based on an analysis of student achievement and other
29 school performance data.
30 (b) Improvement plan requirements.--Each district
31 school board's system of school improvement and student
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1 progression must be designed to provide frequent and accurate
2 information to the teacher and student regarding each
3 student's progress toward mastering the Sunshine State
4 Standards. The system must demonstrate the alignment of the
5 Sunshine State Standards, instructional strategies,
6 assessment, and professional development. Each school's school
7 improvement plan must identify the strategies for monitoring
8 the progress of each student. The process used by each school
9 to monitor student progression must, at a minimum, contain the
10 following components that are aimed at increasing student
11 achievement:
12 1. Disaggregated student achievement data related to
13 student performance which are used to identify each individual
14 student's strengths and weaknesses and to determine the
15 effectiveness of the teaching and learning strategies that are
16 being used in the classroom;
17 2. The Sunshine State Standards instructional calendar
18 and timeline, using disaggregated student performance data to
19 focus instruction on the Sunshine State Standards, manage
20 instructional time, and allocate resources;
21 3. Prioritized instructional focus to facilitate
22 explicit and systematic instruction using research-based
23 effective practices in the classroom;
24 4. Mini-assessments of targeted Sunshine State
25 Standards benchmarks to monitor students' progress and
26 generate data to redesign instruction, if needed;
27 5. Alternative in-school, tutorial, remediation, or
28 enrichment strategies for students which are based on each
29 student's individual academic needs as defined by the
30 mini-assessments; and
31 6. Systematic monitoring of each teacher's
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1 implementation of the comprehensive program for student
2 progression as described in subparagraphs 1.-5.
3 (c)(b) Approval process.--Develop a process for
4 approval of a school improvement plan presented by an
5 individual school and its advisory council. In the event a
6 district school board does not approve a school improvement
7 plan after exhausting this process, the Department of
8 Education shall be notified of the need for assistance.
9 (d)(c) Assistance and intervention.--
10 1. Develop a 2-year plan of increasing individualized
11 assistance and intervention for each school in danger of not
12 meeting state standards or making adequate progress, as
13 defined pursuant to statute and State Board of Education rule,
14 toward meeting the goals and standards of its approved school
15 improvement plan.
16 2. Provide assistance and intervention to a school
17 that is identified as being in performance grade category "D"
18 pursuant to s. 1008.34 and is in danger of failing.
19 3. Develop a plan to encourage teachers with
20 demonstrated mastery in improving student performance to
21 remain at or transfer to a school designated as performance
22 grade category "D" or "F" or to an alternative school that
23 serves disruptive or violent youths. If a classroom teacher,
24 as defined by s. 1012.01(2)(a), who meets the definition of
25 teaching mastery developed according to the provisions of this
26 paragraph, requests assignment to a school designated as
27 performance grade category "D" or "F" or to an alternative
28 school that serves disruptive or violent youths, the district
29 school board shall make every practical effort to grant the
30 request.
31 4. Prioritize, to the extent possible, the
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1 expenditures of funds received from the supplemental academic
2 instruction categorical fund under s. 1011.62(1)(f) to improve
3 student performance in schools that receive a performance
4 grade category designation of "D" or "F."
5 (e)(d) After 2 years.--Notify the Commissioner of
6 Education and the State Board of Education in the event any
7 school does not make adequate progress toward meeting the
8 goals and standards of a school improvement plan by the end of
9 2 years of failing to make adequate progress and proceed
10 according to guidelines developed pursuant to statute and
11 State Board of Education rule. School districts shall provide
12 intervention and assistance to schools in danger of being
13 designated as performance grade category "F," failing to make
14 adequate progress.
15 (f)(e) Public disclosure.--Provide information
16 regarding performance of students and educational programs as
17 required pursuant to ss. 1008.22 and 1008.385 and implement a
18 system of school reports as required by statute and State
19 Board of Education rule that shall include schools operating
20 for the purpose of providing educational services to youth in
21 Department of Juvenile Justice programs, and for those
22 schools, report on the elements specified in s. 1003.52(19).
23 Annual public disclosure reports shall be in an easy-to-read
24 report card format and shall include the school's student and
25 school performance grade category designation and performance
26 data as specified in state board rule.
27 (g)(f) School improvement funds.--Provide funds to
28 schools for developing and implementing school improvement
29 plans. Such funds shall include those funds appropriated for
30 the purpose of school improvement pursuant to s. 24.121(5)(c).
31 Section 4. Each school district must observe November
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1 11 of each year as the Veterans' Day holiday. Classes may not
2 be held on such holiday for any reason except for a declared
3 state emergency. If November 11 falls on a Saturday or Sunday,
4 a school holiday shall be observed on a weekday immediately
5 following or preceding that weekend so as to correspond with
6 the date that Veterans' Day is observed as a federal holiday.
7 Section 5. Section 1002.421, Florida Statutes, is
8 created to read:
9 1002.421 Rights and obligations of private schools
10 participating in state school choice scholarship
11 programs.--The requirements imposed under this section on
12 private schools that participate in state school choice
13 scholarship programs are in addition to the requirements for
14 private schools which are outlined in s. 1002.42, specific
15 requirements under laws relating to various scholarship
16 programs, and other laws of this state which apply to private
17 schools.
18 (1) A private school in this state which participates
19 in the Corporate Tax Credit Scholarship Program, as defined in
20 s. 220.187, or in an educational scholarship program
21 established under chapter 1002 must comply with all
22 requirements of this section.
23 (2) A private school participating in a scholarship
24 program in this state:
25 (a) Must be a Florida private school as defined in s.
26 1002.01(2).
27 (b) Must comply with all state laws pertaining to
28 private schools.
29 (c) Must be a registered Florida private school in
30 accordance with s. 1002.42.
31 (d) Must maintain a physical location in this state
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1 where each scholarship student regularly attends classes.
2 (e) May not be a correspondence school or distance
3 learning school.
4 (f) May not direct or provide scholarship funds to a
5 parent of a scholarship student who receives instruction under
6 the program at home.
7 (g) May not be a home education program as defined in
8 s. 1002.01(1).
9 (h) May not be a private tutoring program as described
10 in s. 1002.43.
11 (i) Must comply with the anti-discrimination
12 provisions of 42 U.S.C. s. 2000d.
13 (j) Must notify the department of its intent to
14 participate in a scholarship program.
15 (k) Must notify the department of any change in the
16 school's name, school director, mailing address, or physical
17 location within 15 days after the change occurs.
18 (l) Must complete student-enrollment and
19 attendance-verification requirements, including an on-line
20 attendance-verification form, before a scholarship payment is
21 made.
22 (m) Must annually complete and submit to the
23 department a notarized scholarship compliance statement
24 certifying compliance with state laws relating to the
25 participation of private schools in the scholarship program.
26 (n) Must demonstrate fiscal soundness and
27 accountability by:
28 1. Having been in operation for at least 3 school
29 years or obtaining a surety bond or letter of credit for the
30 amount equal to the scholarship funds for any quarter and
31 filing the surety bond or letter of credit with the
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1 department.
2 2. Requiring the parent of each scholarship student to
3 personally restrictively endorse the scholarship warrant to
4 the school. The school may not act as the attorney in fact for
5 parents of a scholarship student under the authority of a
6 power of attorney executed by the parents, or under any other
7 authority, to endorse scholarship warrants on behalf of
8 parents.
9 (o) Must meet applicable state and local laws, codes,
10 and rules relating to health, safety, and welfare, including
11 those relating to firesafety and building safety.
12 (p) Must employ or contract with teachers who hold
13 baccalaureate or higher degrees, have at least 3 years of
14 teaching experience in public or private schools, or have at
15 least a high school diploma and special skills, knowledge, or
16 expertise that qualifies them to provide instruction in the
17 subjects that are being taught.
18 (q) Annually administer or make provisions for
19 scholarship students to take one of the nationally
20 norm-referenced tests identified by the State Board of
21 Education under s. 1002.423. Students with disabilities for
22 whom standardized testing is not appropriate are exempt from
23 this requirement. However, a private school must require each
24 student with a disability, for whom standardized testing is
25 not appropriate, to participate at least annually in a student
26 assessment which, as determined by the private school in
27 consultation with the student's parent, will demonstrate the
28 student's skill level to the student's parent. A private
29 school must report a student's scores to the parent and to the
30 independent private research organization selected by the
31 Department of Education under s. 1002.423.
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1 (r) Must ensure that each individual who has
2 unsupervised access to a scholarship student for whom the
3 private school is responsible, prior to employment, engagement
4 of services, or appointment, undergo background screening
5 under s. 435.04 by filing with the Department of Education a
6 complete set of fingerprints taken by an authorized law
7 enforcement agency or an employee of the private school who is
8 trained to take fingerprints. However, the complete set of
9 fingerprints for an owner of an eligible private school must
10 be taken by an authorized law enforcement agency. These
11 fingerprints must be submitted to the Department of Law
12 Enforcement for state processing, which shall in turn submit
13 the fingerprints to the Federal Bureau of Investigation for
14 federal processing. The Department of Education shall screen
15 the background results and report to the private school any
16 person described in this paragraph who fails to meet level 2
17 screening standards under s. 435.04. Any individual described
18 in this paragraph who fails the level 2 background screening
19 under s. 435.04 may not have unsupervised access to a
20 scholarship student. For purposes of this paragraph:
21 1. The cost of the fingerprinting and the background
22 check shall not be borne by the state.
23 2. A private school that allows an individual to have
24 unsupervised access to a scholarship student who failed the
25 level 2 background screening under s. 435.04 is ineligible to
26 participate in the scholarship program.
27 3. An individual holding a valid teaching certificate
28 in this state who has been fingerprinted pursuant to s.
29 1012.32 need not comply with this paragraph.
30 (3) The inability of a private school to meet the
31 requirements of this section constitutes a basis for the
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1 ineligibility of the private school to participate in a
2 scholarship program as determined by the department.
3 (4)(a) The State Board of Education shall adopt rules
4 under ss. 120.536(1) and 120.54 to administer this section.
5 (b) The inclusion of eligible private schools in the
6 options available to public school students in this state does
7 not expand the regulatory authority of the state, its
8 officers, or any school district to impose any additional
9 regulations upon private schools beyond those reasonably
10 necessary to enforce requirements expressly set forth in this
11 section.
12 Section 6. Section 1002.423, Florida Statutes, is
13 created to read:
14 1002.423 Department of Education; obligations for
15 state school choice scholarship programs.--The requirements
16 imposed under this section apply to all state choice
17 scholarship programs, including the Corporate Tax Credit
18 Scholarship Program, as defined in s. 220.187, or an
19 educational scholarship program established under this
20 chapter.
21 (a) The Department of Education must identify all
22 nationally norm-referenced tests that are comparable to the
23 norm-referenced test portions of the Florida Comprehensive
24 Assessment Test (FCAT).
25 (b) The Department of Education must select an
26 independent private research organization to which each
27 participating private school must report the scores of
28 participating students on the nationally norm-referenced tests
29 administered by the private school. The independent private
30 research organization must annually report to the Department
31 of Education on the year-to-year improvements of the
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1 participating students. The independent private research
2 organization must analyze and report student performance data
3 in a manner that protects the rights of students and parents
4 as mandated in the Family Educational Rights and Privacy Act
5 requirements of 20 U.S.C. s. 1232g and must not disaggregate
6 data to a level that will disclose the academic level of
7 students. To the maximum extent possible, the independent
8 private research organization must accumulate historical
9 performance data for students from the Department of Education
10 and private schools to describe baseline performance and to
11 conduct longitudinal studies. To minimize costs and reduce the
12 time required for third-party analysis and evaluation, the
13 Department of Education shall conduct analyses of matched
14 students from public school assessment data and calculate
15 control group learning gains using an agreed-upon methodology
16 outlined in the contract with the third-party evaluator. The
17 sharing of student data must be in accordance with the Family
18 Educational Rights and Privacy Act requirements of 20 U.S.C.
19 s. 1232g and must be for the sole purpose of conducting the
20 evaluation. All parties must preserve the confidentiality of
21 such information as otherwise required under state and federal
22 law.
23 Section 7. Subsection (3) of section 1003.05, Florida
24 Statutes, is amended to read:
25 1003.05 Assistance to transitioning students from
26 military families.--
27 (3) Dependent children of active duty military
28 personnel who otherwise meet the eligibility criteria for
29 special academic programs offered through public schools shall
30 be given first preference for admission to such programs even
31 if the program is being offered through a public school other
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1 than the school to which the student would generally be
2 assigned and the school at which the program is being offered
3 has reached its maximum enrollment. If such a program is
4 offered through a public school other than the school to which
5 the student would generally be assigned, the parent or
6 guardian of the student must assume responsibility for
7 transporting the student to that school. For purposes of this
8 subsection, special academic programs include charter schools,
9 magnet schools, advanced studies programs, advanced placement,
10 dual enrollment, and International Baccalaureate.
11 Section 8. Section 1003.413, Florida Statutes, is
12 created to read:
13 1003.413 High school reform.--
14 (1) This section may be cited as the "High School
15 Reform Act."
16 (2) Beginning with the 2005-2006 school year, each
17 school district shall establish policies to assist high school
18 students to remain in school, graduate on time, and be
19 prepared for postsecondary education and the workforce. The
20 policies must address:
21 (a) Intensive reading remediation for students in
22 grades 9 through 12 scoring below Level 3 on FCAT Reading.
23 (b) Credit recovery options and course scheduling
24 designed to allow high school students to earn credit for
25 failed courses so that they are able to graduate on time.
26 (c) Immediate and frequent notification to parents of
27 students who are in danger of not graduating from high school.
28 (d) Placement in alternative programs, such as
29 programs that emphasize applied integrated curricula, small
30 learning communities, support services, increased discipline,
31 or other strategies documented to improve student achievement.
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1 (e) Summer reading institutes for rising ninth graders
2 scoring below Level 3 on FCAT Reading.
3
4 A student's participation in an instructional or remediation
5 program prior to or immediately following entering grade 9 for
6 the first time shall not affect that student's classification
7 as a first-time ninth grader for reporting purposes, including
8 calculation of graduation and dropout rates.
9 Section 9. High School Reform Task Force.--
10 (1) There is created the High School Reform Task
11 Force. The task force shall work in conjunction with the
12 Southern Regional Education Board and shall be
13 administratively supported by the office of the Chancellor for
14 K-12 Public Schools in the Department of Education and the
15 Just Read, Florida! Office. Appointments to the task force
16 shall be coordinated to ensure that the membership reflects
17 the geographic and cultural diversity of Florida's school age
18 population. The task force shall be abolished upon submission
19 of its report.
20 (2)(a) The Commissioner of Education shall appoint
21 members of the task force from the following categories and
22 shall appoint the chair of the task force from its membership.
23 1. Two district school superintendents, one who is
24 from a large urban school district and one who is from a
25 small, rural school district.
26 2. One school board member who is from a medium size
27 school district.
28 3. Three public school principals, one from a large
29 high performing high school, one from a vocational technical
30 high school, and one from a lower performing high school.
31 4. Three public high school teachers, one who is an
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1 experienced reading teacher, one who is from a school graded
2 "F," and one who is from a high performing school.
3 5. Three parents of public high school students who
4 represent the demographic, racial, and ethnic diversity of the
5 state.
6 6. Three public high school students who represent the
7 demographic, racial and ethnic diversity of the state.
8 7. One representative of the business community.
9 8. One administrator from a charter high school
10 serving students who are at risk of dropping out of school.
11 9. One expert on the subject of high school reform who
12 does not otherwise fall inside one of the enumerated
13 categories.
14 (b) The President of the Senate shall appoint one
15 member of the Senate to serve on the task force and the
16 Speaker of the House of Representatives shall appoint one
17 member of the House of Representatives to serve on the task
18 force.
19 (3) Not later than January 1, 2006, the task force
20 shall vote on the final report incorporating recommendations
21 and a long-term plan for high school reform.
22 (4) Not later than February 1, 2006, the task force
23 shall recommend to the Governor, the President of the Senate,
24 and the Speaker of the House of Representatives a long-term
25 plan for revisions to statutes, rules, and policies that will
26 improve Florida's grade 9 retention rate, graduation rate,
27 dropout rate, and college remediation rate, and align high
28 school requirements with the needs of Florida's employers and
29 postsecondary educational institution requirements. The plan
30 must address, but is not limited to addressing: graduation
31 requirements; course redesign; remediation strategies; credit
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1 recovery; use of alternative programs including programs
2 emphasizing applied integrated curricula, small learning
3 communities, support services, or increased discipline; the
4 use of technology; adjustments to the school grading system to
5 reflect learning gains by high school students; middle school
6 systemic alignment; transition from middle school to high
7 school; alignment with postsecondary and workforce education
8 requirements; and alignment with employer expectations.
9 Section 10. Subsection (6) of section 1003.415,
10 Florida Statutes, is repealed, and subsection (2), paragraph
11 (a) of subsection (5), and paragraph (a) of present subsection
12 (7) of that section are amended, to read:
13 1003.415 The Middle Grades Reform Act.--
14 (2) PURPOSE AND INTENT.--
15 (a) The purpose of this section is to provide added
16 focus and rigor to academics in the middle grades. Using
17 reading as the foundation, all middle grade students should
18 receive rigorous academic instruction through challenging
19 curricula delivered by highly qualified teachers in schools
20 with outstanding leadership, which schools are supported by
21 engaged and informed parents.
22 (b) It is the intent of the Legislature that students
23 promoted from the eighth grade will be ready for success in
24 high school and that the mission of the middle grades is to
25 prepare students for the successful completion of rigorous
26 courses in high school.
27 (5) RIGOROUS READING REQUIREMENT.--
28 (a) Beginning with the 2004-2005 school year, Each
29 public school serving middle grade students, including charter
30 schools, with fewer than 75 percent of its students reading at
31 or above grade level in grade 6, grade 7, or grade 8 as
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1 measured by a student scoring at Level 3 or above on the FCAT
2 during the prior school year, must incorporate by October 1 a
3 rigorous reading requirement for reading and language arts
4 programs as the primary component of its school improvement
5 plan. The department shall annually provide to each district
6 school board by June 30 a list of its schools that are
7 required to incorporate a rigorous reading requirement as the
8 primary component of the school's improvement plan. The
9 department shall provide technical assistance to school
10 districts and school administrators required to implement the
11 rigorous reading requirement.
12 (6) COMPREHENSIVE REFORM STUDY ON THE ACADEMIC
13 PERFORMANCE OF STUDENTS AND SCHOOLS.--
14 (a) The department shall conduct a study on how the
15 overall academic performance of middle grade students and
16 schools can be improved. The department must consult with the
17 Florida Center for Reading Research at Florida State
18 University, the Just Read, Florida! Office, and key education
19 stakeholders, including district school board members,
20 district school superintendents, principals, parents,
21 teachers, district supervisors of curriculum, and students
22 across the state, in the development of its findings and
23 recommendations. The department shall review, at a minimum,
24 each of the following elements:
25 1. Academic expectations, which include, but are not
26 limited to:
27 a. Alignment of middle school expectations with
28 elementary and high school graduation requirements.
29 b. Best practices to improve reading and language arts
30 courses based on research-based programs for middle school
31 students in alignment with the Sunshine State Standards.
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1 c. Strategies that focus on improving academic success
2 for low-performing students.
3 d. Rigor of curricula and courses.
4 e. Instructional materials.
5 f. Course enrollment by middle school students.
6 g. Student support services.
7 h. Measurement and reporting of student achievement.
8 2. Attendance policies and student mobility issues.
9 3. Teacher quality, which includes, but is not limited
10 to:
11 a. Preparedness of teachers to teach rigorous courses
12 to middle school students.
13 b. Teacher evaluations.
14 c. Substitute teachers.
15 d. Certification and recertification requirements.
16 e. Staff development requirements.
17 f. Availability of effective staff development
18 training.
19 g. Teacher recruitment and vacancy issues.
20 h. Federal requirements for highly qualified teachers
21 pursuant to the No Child Left Behind Act of 2001.
22 4. Identification and availability of diagnostic
23 testing.
24 5. Availability of personnel and scheduling issues.
25 6. Middle school leadership and performance.
26 7. Parental and community involvement.
27 (b) By December 1, 2004, the Commissioner of Education
28 shall submit to the President of the Senate, the Speaker of
29 the House of Representatives, the chairs of the education
30 committees in the Senate and the House of Representatives, and
31 the State Board of Education recommendations to increase the
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1 academic performance of middle grade students and schools.
2 (6)(7) PERSONALIZED MIDDLE SCHOOL SUCCESS PLAN.--
3 (a) Beginning with the 2004-2005 school year, Each
4 principal of a school with a middle grade shall designate
5 certified staff members at the school to develop and
6 administer a personalized middle school success plan for each
7 entering sixth grade student who scored below Level 3 in
8 reading on the most recently administered FCAT. The purpose of
9 the success plan is to assist the student in meeting state and
10 school district expectations in academic proficiency and to
11 prepare the student for a rigorous high school curriculum. The
12 success plan shall be developed in collaboration with the
13 student and his or her parent and must be implemented until
14 the student completes the eighth grade or achieves a score at
15 Level 3 or above in reading on the FCAT, whichever occurs
16 first. The success plan must minimize paperwork and may be
17 incorporated into a parent/teacher conference, included as
18 part of a progress report or report card, included as part of
19 a general orientation at the beginning of the school year, or
20 provided by electronic mail or other written correspondence.
21 Section 11. Section 1003.4155, Florida Statutes, is
22 created to read:
23 1003.4155 Middle school grading system.--The grading
24 system and interpretation of letter grades used in grades 6
25 through 8 shall be as follows:
26 (1) Grade "A" equals 90 percent through 100 percent,
27 has a grade point average value of 4, and is defined as
28 "outstanding progress."
29 (2) Grade "B" equals 80 percent through 89 percent,
30 has a grade point average value of 3, and is defined as "above
31 average progress."
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1 (3) Grade "C" equals 70 percent through 79 percent,
2 has a grade point average value of 2, and is defined as
3 "average progress."
4 (4) Grade "D" equals 60 percent through 69 percent,
5 has a grade point average value of 1, and is defined as
6 "lowest acceptable progress."
7 (5) Grade "F" equals zero percent through 59 percent,
8 has a grade point average value of zero, and is defined as
9 "failure."
10 (6) Grade "I" equals zero percent, has a grade point
11 average value of zero, and is defined as "incomplete."
12 Section 12. Section 1003.4156, Florida Statutes, is
13 created to read:
14 1003.4156 General requirements for middle school
15 promotion.--
16 (1) Beginning with students entering grade 6 in the
17 2005-2006 school year, promotion from a middle school, grades
18 6 through 8, requires the successful completion of 12 academic
19 credits, including:
20 (a) Three middle school or higher credits in
21 English/language arts.
22 (b) Three middle school or higher credits in
23 mathematics.
24 (c) Three middle school or higher credits in social
25 studies.
26 (d) Three middle school or higher credits in science.
27
28 Other courses offered in middle school, including music, band,
29 physical education, and art, shall be considered electives.
30 (2) In addition to the credits required under
31 subsection (1), for each year a student scores at Level 1 or 2
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1 on the reading portion of the FCAT, the student must be
2 enrolled the following year in a full-year intensive reading
3 course for which the student may earn up to three credits. The
4 intensive reading course must be based on frameworks developed
5 by the Florida Center for Reading Research, or a comparable
6 course as identified by the Department of Education, which
7 includes an emphasis on integration of core curriculum
8 standards and incorporation of informational and expository
9 text.
10 (3) In addition to the credits required under
11 subsection (1), for each year a student scores at Level 3 on
12 the reading portion of the FCAT, the student must be enrolled
13 the following year in a one-semester intensive reading course.
14 The reading course must be based on frameworks developed by
15 the Florida Center for Reading Research, or a comparable
16 course as identified by the Department of Education, which
17 includes an emphasis on integration of core curriculum
18 standards and incorporation of informational and expository
19 text.
20 (4) One full credit must entail completing a minimum
21 of 135 hours of instruction in a designated course of study
22 which contains standards for student performance. For schools
23 authorized by the district school board to implement block
24 scheduling, one full credit must entail completing a minimum
25 of 120 hours of instruction in a designated course of study
26 which contains standards for student performance.
27 (5) District school boards shall establish policies to
28 allow alternative methods for students to earn the credits
29 required by this section. The alternative methods must
30 include, but are not limited to, opportunities for students
31 to:
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1 (a) Recover credits;
2 (b) Be promoted on time to high school; and
3 (c) Be placed in programs that emphasize applied
4 integrated curricula, small learning communities, support
5 services, increased discipline, or other strategies documented
6 to improve student achievement.
7
8 The district's policy, or amendments to the policy, shall be
9 submitted to the State Board of Education for approval. If the
10 State Board of Education does not take action within 60 days
11 following receipt of the proposed policy, the policy shall
12 stand approved.
13 (6) The State Board of Education shall adopt rules
14 under ss. 120.536(1) and 120.54 to provide for alternative
15 middle school promotion standards for students in grade 6,
16 grade 7, or grade 8 who are not enrolled in a school that has
17 a grade 6 through grade 8 middle school configuration.
18 Section 13. Section 1003.42, Florida Statutes, is
19 amended to read:
20 1003.42 Required instruction.--
21 (1) Each district school board shall provide all
22 courses required for high school graduation and appropriate
23 instruction designed to ensure that students meet State Board
24 of Education adopted standards in the following subject areas:
25 reading and other language arts, mathematics, science, social
26 studies, foreign languages, health and physical education, and
27 the arts.
28 (2) Members of the instructional staff of the public
29 schools, subject to the rules of the State Board of Education
30 and the district school board, shall teach efficiently and
31 faithfully, using the books and materials required that meet
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1 the highest standards for professionalism and historic
2 accuracy, following the prescribed courses of study, and
3 employing approved methods of instruction, the following:
4 (a) The history and content of the Declaration of
5 Independence, including national sovereignty, natural law,
6 self-evident truth, equality of all persons, limited
7 government, popular sovereignty, and inalienable rights of
8 life, liberty, and property, and how they form it forms the
9 philosophical foundation of our government.
10 (b) The history, meaning, significance, and effect of
11 the provisions of the Constitution of the United States and
12 amendments thereto, with emphasis on each of the 10 amendments
13 that make up the Bill of Rights and how the constitution
14 provides the structure of our government.
15 (c)(b) The arguments in support of adopting our
16 republican form of government, as they are embodied in the
17 most important of the Federalist Papers.
18 (c) The essentials of the United States Constitution
19 and how it provides the structure of our government.
20 (d) Flag education, including proper flag display and
21 flag salute.
22 (e) The elements of civil government, including the
23 primary functions of and interrelationships between the
24 Federal Government, the state, and its counties,
25 municipalities, school districts, and special districts.
26 (f) The history of the United States, including the
27 period of discovery, early colonies, the War for Independence,
28 the Civil War, the expansion of the United States to its
29 present boundaries, the world wars, and the civil rights
30 movement to the present. American history shall be viewed as
31 factual, not as constructed, shall be viewed as knowable,
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1 teachable, and testable, and shall be defined as the creation
2 of a new nation based largely on the universal principles
3 stated in the Declaration of Independence.
4 (g)(f) The history of the Holocaust (1933-1945), the
5 systematic, planned annihilation of European Jews and other
6 groups by Nazi Germany, a watershed event in the history of
7 humanity, to be taught in a manner that leads to an
8 investigation of human behavior, an understanding of the
9 ramifications of prejudice, racism, and stereotyping, and an
10 examination of what it means to be a responsible and
11 respectful person, for the purposes of encouraging tolerance
12 of diversity in a pluralistic society and for nurturing and
13 protecting democratic values and institutions.
14 (h)(g) The history of African Americans, including the
15 history of African peoples before the political conflicts that
16 led to the development of slavery, the passage to America, the
17 enslavement experience, abolition, and the contributions of
18 African Americans to society.
19 (i)(h) The elementary principles of agriculture.
20 (j)(i) The true effects of all alcoholic and
21 intoxicating liquors and beverages and narcotics upon the
22 human body and mind.
23 (k)(j) Kindness to animals.
24 (l)(k) The history of the state.
25 (m)(l) The conservation of natural resources.
26 (n)(m) Comprehensive health education that addresses
27 concepts of community health; consumer health; environmental
28 health; family life, including an awareness of the benefits of
29 sexual abstinence as the expected standard and the
30 consequences of teenage pregnancy; mental and emotional
31 health; injury prevention and safety; nutrition; personal
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1 health; prevention and control of disease; and substance use
2 and abuse.
3 (o)(n) Such additional materials, subjects, courses,
4 or fields in such grades as are prescribed by law or by rules
5 of the State Board of Education and the district school board
6 in fulfilling the requirements of law.
7 (p)(o) The study of Hispanic contributions to the
8 United States.
9 (q)(p) The study of women's contributions to the
10 United States.
11 (r) The nature and importance of free enterprise to
12 the United States economy.
13 (s)(q) A character-development program in the
14 elementary schools, similar to Character First or Character
15 Counts, which is secular in nature and stresses such character
16 qualities as attentiveness, patience, and initiative.
17 Beginning in school year 2004-2005, the character-development
18 program shall be required in kindergarten through grade 12.
19 Each district school board shall develop or adopt a curriculum
20 for the character-development program that shall be submitted
21 to the department for approval. The character-development
22 curriculum shall stress the qualities of patriotism;,
23 responsibility;, citizenship;, kindness;, respect for
24 authority, life, liberty, and personal property;, honesty;
25 charity;, self-control;, racial, ethnic, and religious
26 tolerance;, and cooperation.
27 (t)(r) In order to encourage patriotism, the
28 sacrifices that veterans have made in serving our country and
29 protecting democratic values worldwide. Such instruction must
30 occur on or before Veterans' Day and Memorial Day. Members of
31 the instructional staff are encouraged to use the assistance
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1 of local veterans when practicable.
2
3 The State Board of Education is encouraged to adopt standards
4 and pursue assessment of the requirements of this subsection.
5 (3) Any student whose parent makes written request to
6 the school principal shall be exempted from the teaching of
7 reproductive health or any disease, including HIV/AIDS, its
8 symptoms, development, and treatment. A student so exempted
9 may not be penalized by reason of that exemption. Course
10 descriptions for comprehensive health education shall not
11 interfere with the local determination of appropriate
12 curriculum which reflects local values and concerns.
13 Section 14. Subsection (15) of section 1003.52,
14 Florida Statutes, is amended to read:
15 1003.52 Educational services in Department of Juvenile
16 Justice programs.--
17 (15)(a) The Department of Education shall, for
18 students in juvenile justice education programs, develop
19 procedures to accurately report student academic performance
20 data and the assessment participation rates that are used to
21 determine adequate yearly progress under Pub. L. No. 107-110.
22 The procedures must include an opportunity for validation of
23 the data by schools that provide educational services to
24 students in programs of the Department of Juvenile Justice.
25 (b) The Department of Education in consultation with
26 the Department of Juvenile Justice, district school boards,
27 and providers shall establish objective and measurable quality
28 assurance standards for the educational component of
29 residential and nonresidential juvenile justice facilities.
30 These standards shall rate the district school board's
31 performance both as a provider and contractor. The quality
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1 assurance rating for the educational component shall be
2 disaggregated from the overall quality assurance score and
3 reported separately.
4 (c)(b) The Department of Education shall develop a
5 comprehensive quality assurance review process and schedule
6 for the evaluation of the educational component in juvenile
7 justice programs. The Department of Juvenile Justice quality
8 assurance site visit and the education quality assurance site
9 visit shall be conducted during the same visit.
10 (d)(c) The Department of Education, in consultation
11 with district school boards and providers, shall establish
12 minimum thresholds for the standards and key indicators for
13 educational programs in juvenile justice facilities. If a
14 district school board fails to meet the established minimum
15 standards, it will be given 6 months to achieve compliance
16 with the standards. If after 6 months, the district school
17 board's performance is still below minimum standards, the
18 Department of Education shall exercise sanctions as prescribed
19 by rules adopted by the State Board of Education. If a
20 provider, under contract with the district school board, fails
21 to meet minimum standards, such failure shall cause the
22 district school board to cancel the provider's contract unless
23 the provider achieves compliance within 6 months or unless
24 there are documented extenuating circumstances.
25 Section 15. Section 1003.57, Florida Statutes, is
26 amended to read:
27 1003.57 Exceptional students instruction.--
28 (1) Each district school board shall provide for an
29 appropriate program of special instruction, facilities, and
30 services for exceptional students as prescribed by the State
31 Board of Education as acceptable, including provisions that:
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1 (a)(1) The district school board provide the necessary
2 professional services for diagnosis and evaluation of
3 exceptional students.
4 (b)(2) The district school board provide the special
5 instruction, classes, and services, either within the district
6 school system, in cooperation with other district school
7 systems, or through contractual arrangements with approved
8 private schools or community facilities that meet standards
9 established by the commissioner.
10 (c)(3) The district school board annually provide
11 information describing the Florida School for the Deaf and the
12 Blind and all other programs and methods of instruction
13 available to the parent of a sensory-impaired student.
14 (d)(4) The district school board, once every 3 years,
15 submit to the department its proposed procedures for the
16 provision of special instruction and services for exceptional
17 students.
18 (e)(5) A No student may not be given special
19 instruction or services as an exceptional student until after
20 he or she has been properly evaluated, classified, and placed
21 in the manner prescribed by rules of the State Board of
22 Education. The parent of an exceptional student evaluated and
23 placed or denied placement in a program of special education
24 shall be notified of each such evaluation and placement or
25 denial. Such notice shall contain a statement informing the
26 parent that he or she is entitled to a due process hearing on
27 the identification, evaluation, and placement, or lack
28 thereof. Such hearings shall be exempt from the provisions of
29 ss. 120.569, 120.57, and 286.011, except to the extent that
30 the State Board of Education adopts rules establishing other
31 procedures and any records created as a result of such
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1 hearings shall be confidential and exempt from the provisions
2 of s. 119.07(1). The hearing must be conducted by an
3 administrative law judge from the Division of Administrative
4 Hearings of the Department of Management Services. The
5 decision of the administrative law judge shall be final,
6 except that any party aggrieved by the finding and decision
7 rendered by the administrative law judge shall have the right
8 to bring a civil action in the circuit court. In such an
9 action, the court shall receive the records of the
10 administrative hearing and shall hear additional evidence at
11 the request of either party. In the alternative, any party
12 aggrieved by the finding and decision rendered by the
13 administrative law judge shall have the right to request an
14 impartial review of the administrative law judge's order by
15 the district court of appeal as provided by s. 120.68.
16 Notwithstanding any law to the contrary, during the pendency
17 of any proceeding conducted pursuant to this section, unless
18 the district school board and the parents otherwise agree, the
19 student shall remain in his or her then-current educational
20 assignment or, if applying for initial admission to a public
21 school, shall be assigned, with the consent of the parents, in
22 the public school program until all such proceedings have been
23 completed.
24 (f)(6) In providing for the education of exceptional
25 students, the district school superintendent, principals, and
26 teachers shall utilize the regular school facilities and adapt
27 them to the needs of exceptional students to the maximum
28 extent appropriate. Segregation of exceptional students shall
29 occur only if the nature or severity of the exceptionality is
30 such that education in regular classes with the use of
31 supplementary aids and services cannot be achieved
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1 satisfactorily.
2 (g)(7) In addition to the services agreed to in a
3 student's individual education plan, the district school
4 superintendent shall fully inform the parent of a student
5 having a physical or developmental disability of all available
6 services that are appropriate for the student's disability.
7 The superintendent shall provide the student's parent with a
8 summary of the student's rights.
9 (2)(a) An exceptional student with a disability who
10 resides in a residential facility and receives special
11 instruction or services is considered a resident of the state
12 in which the student's parent or guardian is a resident. The
13 cost of such instruction, facilities, and services for a
14 nonresident student with a disability shall be provided by the
15 placing authority in the student's state of residence, such as
16 a public school entity, other placing authority, or parent. A
17 nonresident student with a disability may not be reported by
18 any school district for FTE funding in the Florida Education
19 Finance Program.
20 (b) The Department of Education shall provide to each
21 school district a statement of the specific limitations of the
22 district's financial obligation for exceptional students with
23 disabilities under federal and state law. The department shall
24 also provide to each school district technical assistance as
25 necessary for developing a local plan to impose on a student's
26 home state the fiscal responsibility for educating a
27 nonresident exceptional student with a disability.
28 (c) The Department of Education shall develop a
29 process by which a school district must, before providing
30 services to an exceptional student with a disability who
31 resides in a residential facility in this state, review the
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1 residency of the student. The residential facility, not the
2 district, is responsible for billing and collecting from a
3 nonresidential student's home state payment for the student's
4 educational and related services.
5 (d) This subsection applies to any nonresident student
6 with a disability who resides in a residential facility and
7 who receives instruction as an exceptional student with a
8 disability in any type of residential facility in this state,
9 including, but not limited to, a public school, a private
10 school, a group home facility as defined in s. 393.063, an
11 intensive residential treatment program for children and
12 adolescents as defined in s. 395.002, a facility as defined in
13 s. 394.455, an intermediate care facility for the
14 developmentally disabled or ICF/DD as defined in s. 393.063 or
15 s. 400.960, or a community residential home as defined in s.
16 419.001.
17 Section 16. Section 1003.575, Florida Statutes, is
18 created to read:
19 1003.575 Individual education plans for exceptional
20 students.--The Department of Education shall devise an
21 individual education plan (IEP) form for use in developing and
22 implementing individual education plans for exceptional
23 students. The IEP form must have a streamlined format; and, to
24 provide for the use of an existing IEP form when a student
25 transfers from one school district to another, the IEP form
26 developed by the department shall be used in each school
27 district in the state.
28 Section 17. Section 1003.58, Florida Statutes, is
29 amended to read:
30 1003.58 Students in residential care facilities.--Each
31 district school board shall provide educational programs
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1 according to rules of the State Board of Education to students
2 who reside in residential care facilities operated by the
3 Department of Children and Family Services.
4 (1) The district school board shall not be charged any
5 rent, maintenance, utilities, or overhead on such facilities.
6 Maintenance, repairs, and remodeling of existing facilities
7 shall be provided by the Department of Children and Family
8 Services.
9 (2) If additional facilities are required, the
10 district school board and the Department of Children and
11 Family Services shall agree on the appropriate site based on
12 the instructional needs of the students. When the most
13 appropriate site for instruction is on district school board
14 property, a special capital outlay request shall be made by
15 the commissioner in accordance with s. 1013.60. When the most
16 appropriate site is on state property, state capital outlay
17 funds shall be requested by the Department of Children and
18 Family Services as provided by s. 216.043 and shall be
19 submitted as specified by s. 216.023. Any instructional
20 facility to be built on state property shall have educational
21 specifications jointly developed by the school district and
22 the Department of Children and Family Services and approved by
23 the Department of Education. The size of space and occupant
24 design capacity criteria as provided by state board rules
25 shall be used for remodeling or new construction whether
26 facilities are provided on state property or district school
27 board property. The planning of such additional facilities
28 shall incorporate current Department of Children and Family
29 Services deinstitutionalization plans.
30 (3) The district school board shall have full and
31 complete authority in the matter of the assignment and
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1 placement of such students in educational programs. The parent
2 of an exceptional student shall have the same due process
3 rights as are provided under s. 1003.57(1)(e) s. 1003.57(5).
4 (4) The district school board shall have a written
5 agreement with the Department of Children and Family Services
6 outlining the respective duties and responsibilities of each
7 party.
8
9 Notwithstanding the provisions herein, the educational program
10 at the Marianna Sunland Center in Jackson County shall be
11 operated by the Department of Education, either directly or
12 through grants or contractual agreements with other public or
13 duly accredited educational agencies approved by the
14 Department of Education.
15 Section 18. Section 1004.64, Florida Statutes, is
16 created to read:
17 1004.64 Florida Center for Reading Research.--There is
18 created, as a joint project between the College of Arts and
19 Sciences and the Learning Systems Institute (LSI) at the
20 Florida State University, the Florida Center for Reading
21 Research (FCRR). The center is administratively housed within
22 the LSI and shall:
23 (1) Provide technical assistance and support to all
24 school districts and schools in this state in the
25 implementation of evidence-based literacy instruction,
26 assessments, and programs.
27 (2) Conduct applied research that will have an
28 immediate impact on policy and practices related to literacy
29 instruction and assessment in this state.
30 (3) Conduct basic research on reading, reading growth,
31 reading assessment, and reading instruction which will
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1 contribute to scientific knowledge about reading.
2 (4) Develop frameworks for comprehensive reading
3 intervention courses for possible use in middle schools and
4 secondary schools.
5 (5) Disseminate information about research-based
6 practices related to literacy instruction, assessment, and
7 programs for students in preschool through grade 12.
8 (6) Collect, manage, and report on assessment
9 information from screening, progress monitoring, and outcome
10 assessments through the Florida Progress Monitoring and
11 Reporting Network. The network is a statewide resource that is
12 operated to provide valid and timely reading assessment data
13 for parents, teachers, principals, and district-level and
14 state-level staff in the management of instruction at the
15 individual, classroom, and school levels.
16 Section 19. Section 1008.22, Florida Statutes, is
17 amended to read:
18 1008.22 Student assessment program for public
19 schools.--
20 (1) PURPOSE.--The primary purposes of the student
21 assessment program are to provide information needed to
22 improve the public schools by enhancing the learning gains of
23 all students and to inform parents of the educational progress
24 of their public school children. The program must be designed
25 to:
26 (a) Assess the annual learning gains of each student
27 toward achieving the Sunshine State Standards appropriate for
28 the student's grade level.
29 (b) Provide data for making decisions regarding school
30 accountability and recognition.
31 (c) Identify the educational strengths and needs of
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1 students and the readiness of students to be promoted to the
2 next grade level or to graduate from high school with a
3 standard high school diploma.
4 (d) Assess how well educational goals and performance
5 standards are met at the school, district, and state levels.
6 (e) Provide information to aid in the evaluation and
7 development of educational programs and policies.
8 (f) Provide information on the performance of Florida
9 students in this state compared with other students others
10 across the United States.
11 (2) INTENT.--
12 (a) It is the intent of the Legislature that the
13 Department of Education pursue innovations in technology and
14 assessment to allow the Florida Comprehensive Assessment Test
15 (FCAT) to be administered as late as possible in the school
16 year with scores received before the end of the school year.
17 The department shall pursue such innovations to the extent
18 funded by the Legislature. Annually, the Commissioner of
19 Education shall report to the Governor, the President of the
20 Senate, and the Speaker of the House of Representatives on the
21 state of the art in large-scale on-line assessment
22 capabilities of the industry and of the capacity of the public
23 schools in this state to implement a statewide program.
24 (b) It is the further intent of the Legislature that
25 the Department of Education make accessible to the public
26 copies of actual scored FCAT test items when sufficient items
27 are available through the test-item databank to ensure the
28 security and validity of the test. The department shall
29 provide such FCAT test items to the extent that sufficient
30 items are funded by the Legislature. However, this paragraph
31 does not apply to those provisions of the FCAT to which the
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1 department does not hold the copyright.
2 (3)(2) NATIONAL EDUCATION COMPARISONS.--It is
3 Florida's intent to participate in the measurement of national
4 educational goals. The Commissioner of Education shall direct
5 Florida school districts to participate in the administration
6 of the National Assessment of Educational Progress, or a
7 similar national assessment program, both for the national
8 sample and for any state-by-state comparison programs which
9 may be initiated. Such assessments must be conducted using the
10 data collection procedures, the student surveys, the educator
11 surveys, and other instruments included in the National
12 Assessment of Educational Progress or similar program being
13 administered in Florida. The results of these assessments
14 shall be included in the annual report of the Commissioner of
15 Education specified in this section. The administration of the
16 National Assessment of Educational Progress or similar program
17 shall be in addition to and separate from the administration
18 of the statewide assessment program.
19 (4)(3) STATEWIDE ASSESSMENT PROGRAM.--The commissioner
20 shall design and implement a statewide program of educational
21 assessment that provides information for the improvement of
22 the operation and management of the public schools, including
23 schools operating for the purpose of providing educational
24 services to youth in Department of Juvenile Justice programs.
25 The commissioner may enter into contracts for the continued
26 administration of the assessment, testing, and evaluation
27 programs authorized and funded by the Legislature. Contracts
28 may be initiated in 1 fiscal year and continue into the next
29 and may be paid from the appropriations of either or both
30 fiscal years. The commissioner is authorized to negotiate for
31 the sale or lease of tests, scoring protocols, test scoring
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1 services, and related materials developed pursuant to law.
2 Pursuant to the statewide assessment program, the commissioner
3 shall:
4 (a) Submit to the State Board of Education a list that
5 specifies student skills and competencies to which the goals
6 for education specified in the state plan apply, including,
7 but not limited to, reading, writing, science, and
8 mathematics. The skills and competencies must include
9 problem-solving and higher-order skills as appropriate and
10 shall be known as the Sunshine State Standards as defined in
11 s. 1000.21. The commissioner shall select such skills and
12 competencies after receiving recommendations from educators,
13 citizens, and members of the business community. The
14 commissioner shall submit to the State Board of Education
15 revisions to the list of student skills and competencies in
16 order to maintain continuous progress toward improvements in
17 student proficiency.
18 (b) Develop and implement a uniform system of
19 indicators to describe the performance of public school
20 students and the characteristics of the public school
21 districts and the public schools. These indicators must
22 include, without limitation, information gathered by the
23 comprehensive management information system created pursuant
24 to s. 1008.385 and student achievement information obtained
25 pursuant to this section.
26 (c) Develop and implement a student achievement
27 testing program known as the Florida Comprehensive Assessment
28 Test (FCAT) as part of the statewide assessment program, to be
29 administered annually in grades 3 through 10 to measure
30 reading, writing, science, and mathematics. Other content
31 areas may be included as directed by the commissioner. The
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1 assessment of reading and math shall be administered annually
2 in grades 3 through 10. The assessment of writing and science
3 shall be administered at least once at the elementary school
4 level, at least once at the middle school level, and at least
5 once at the high school level. The testing program must be
6 designed so that:
7 1. The tests measure student skills and competencies
8 adopted by the State Board of Education as specified in
9 paragraph (a). The tests must measure and report student
10 proficiency levels in reading, writing, mathematics, and
11 science. The commissioner shall provide for the tests to be
12 developed or obtained, as appropriate, through contracts and
13 project agreements with private vendors, public vendors,
14 public agencies, postsecondary educational institutions, or
15 school districts. The commissioner shall obtain input with
16 respect to the design and implementation of the testing
17 program from state educators and the public.
18 2. The testing program will include a combination of
19 norm-referenced and criterion-referenced tests and include, to
20 the extent determined by the commissioner, questions that
21 require the student to produce information or perform tasks in
22 such a way that the skills and competencies he or she uses can
23 be measured.
24 3. Each testing program, whether at the elementary,
25 middle, or high school level, includes a test of writing in
26 which students are required to produce writings that are then
27 scored by appropriate methods.
28 4. A score is designated for each subject area tested,
29 below which score a student's performance is deemed
30 inadequate. The school districts shall provide appropriate
31 remedial instruction to students who score below these levels.
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1 5. Except as provided in s. 1003.43(11)(b), students
2 must earn a passing score on the grade 10 assessment test
3 described in this paragraph or on an alternate assessment as
4 described in subsection (9) in reading, writing, and
5 mathematics to qualify for a regular high school diploma. The
6 State Board of Education shall designate a passing score for
7 each part of the grade 10 assessment test. In establishing
8 passing scores, the state board shall consider any possible
9 negative impact of the test on minority students. All students
10 who took the grade 10 FCAT during the 2000-2001 school year
11 shall be required to earn the passing scores in reading and
12 mathematics established by the State Board of Education for
13 the March 2001 test administration. Such students who did not
14 earn the established passing scores and must repeat the grade
15 10 FCAT are required to earn the passing scores established
16 for the March 2001 test administration. All students who take
17 the grade 10 FCAT for the first time in March 2002 shall be
18 required to earn the passing scores in reading and mathematics
19 established by the State Board of Education for the March 2002
20 test administration. The State Board of Education shall adopt
21 rules that which specify the passing scores for the grade 10
22 FCAT. Any such rules, which have the effect of raising the
23 required passing scores, shall only apply only to students
24 taking the grade 10 FCAT for the first time after such rules
25 are adopted by the State Board of Education.
26 6. Participation in the testing program is mandatory
27 for all students attending public school, including students
28 served in Department of Juvenile Justice programs, except as
29 otherwise prescribed by the commissioner. If a student does
30 not participate in the statewide assessment, the district must
31 notify the student's parent and provide the parent with
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1 information regarding the implications of such
2 nonparticipation. If modifications are made in the student's
3 instruction to provide accommodations that would not be
4 permitted on the statewide assessment tests, the district must
5 notify the student's parent of the implications of such
6 instructional modifications. A parent must provide signed
7 consent for a student to receive instructional modifications
8 that would not be permitted on the statewide assessments and
9 must acknowledge in writing that he or she understands the
10 implications of such accommodations. The State Board of
11 Education shall adopt rules, based upon recommendations of the
12 commissioner, for the provision of test accommodations and
13 modifications of procedures as necessary for students in
14 exceptional education programs and for students who have
15 limited English proficiency. Accommodations that negate the
16 validity of a statewide assessment are not allowable.
17 7. A student seeking an adult high school diploma must
18 meet the same testing requirements that a regular high school
19 student must meet.
20 8. District school boards must provide instruction to
21 prepare students to demonstrate proficiency in the skills and
22 competencies necessary for successful grade-to-grade
23 progression and high school graduation. If a student is
24 provided with accommodations or modifications that are not
25 allowable in the statewide assessment program, as described in
26 the test manuals, the district must inform the parent in
27 writing and must provide the parent with information regarding
28 the impact on the student's ability to meet expected
29 proficiency levels in reading, writing, and math. The
30 commissioner shall conduct studies as necessary to verify that
31 the required skills and competencies are part of the district
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1 instructional programs.
2 9. The Department of Education must develop, or
3 select, and implement a common battery of assessment tools
4 that will be used in all juvenile justice programs in the
5 state. These tools must accurately measure the skills and
6 competencies established in the Florida Sunshine State
7 Standards.
8
9 The commissioner may design and implement student testing
10 programs, for any grade level and subject area, necessary to
11 effectively monitor educational achievement in the state.
12 (d) Conduct ongoing research to develop improved
13 methods of assessing student performance, including, without
14 limitation, the use of technology to administer tests, score,
15 or report the results of, the use of electronic transfer of
16 data, the development of work-product assessments, and the
17 development of process assessments.
18 (e) Conduct ongoing research into and analysis of
19 student achievement data, including, without limitation,
20 monitoring trends in student achievement by grade level and
21 overall student achievement, identifying school programs that
22 are successful, and analyzing correlates of school
23 achievement.
24 (f) Provide technical assistance to school districts
25 in the implementation of state and district testing programs
26 and the use of the data produced pursuant to such programs.
27 (5)(4) DISTRICT TESTING PROGRAMS.--Each district
28 school board shall periodically assess student performance and
29 achievement within each school of the district. The assessment
30 programs must be based upon local goals and objectives that
31 are compatible with the state plan for education and that
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1 supplement the skills and competencies adopted by the State
2 Board of Education. All school districts must participate in
3 the statewide assessment program designed to measure annual
4 student learning and school performance. All district school
5 boards shall report assessment results as required by the
6 state management information system.
7 (6)(5) SCHOOL TESTING PROGRAMS.--Each public school
8 shall participate in the statewide assessment program, unless
9 specifically exempted by state board rule based on serving a
10 specialized population for which standardized testing is not
11 appropriate. Student performance data shall be analyzed and
12 reported to parents, the community, and the state. Student
13 performance data shall be used in developing objectives of the
14 school improvement plan, evaluation of instructional
15 personnel, evaluation of administrative personnel, assignment
16 of staff, allocation of resources, acquisition of
17 instructional materials and technology, performance-based
18 budgeting, and promotion and assignment of students into
19 educational programs. The analysis of student performance data
20 also must identify strengths and needs in the educational
21 program and trends over time. The analysis must be used in
22 conjunction with the budgetary planning processes developed
23 pursuant to s. 1008.385 and the development of the programs of
24 remediation.
25 (7)(6) REQUIRED ANALYSES.--The commissioner shall
26 provide, at a minimum, for the following analyses of data
27 produced by the student achievement testing program:
28 (a) The statistical system for the annual assessments
29 shall use measures of student learning, such as the FCAT, to
30 determine teacher, school, and school district statistical
31 distributions, which shall be determined using available data
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1 from the FCAT, and other data collection as deemed appropriate
2 by the Department of Education, to measure the differences in
3 student prior year achievement compared to the current year
4 achievement for the purposes of accountability and
5 recognition.
6 (b) The statistical system shall provide the best
7 estimates of teacher, school, and school district effects on
8 student progress. The approach used by the department shall be
9 approved by the commissioner before implementation.
10 (c) The annual testing program shall be administered
11 to provide for valid statewide comparisons of learning gains
12 to be made for purposes of accountability and recognition. The
13 commissioner shall establish a schedule for the administration
14 of the statewide assessments. In establishing such schedule,
15 the commissioner is charged with the duty to accomplish the
16 latest possible administration of the statewide assessments
17 and the earliest possible provision of the results to the
18 school districts feasible within available technology and
19 specific appropriation. District school boards shall not
20 establish school calendars that jeopardize or limit the valid
21 testing and comparison of student learning gains.
22 (8)(7) LOCAL ASSESSMENTS.--Measurement of the learning
23 gains of students in all subjects and grade levels other than
24 subjects and grade levels required for the state student
25 achievement testing program is the responsibility of the
26 school districts.
27 (9)(8) APPLICABILITY OF TESTING STANDARDS.--A student
28 must meet the testing requirements for high school graduation
29 that were in effect at the time the student entered 9th grade,
30 provided the student's enrollment was continuous.
31 (10)(9) EQUIVALENCIES FOR STANDARDIZED TESTS.--
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1 (a) The Commissioner of Education shall approve the
2 use of the SAT and ACT tests as alternative assessments to the
3 grade 10 FCAT for the 2003-2004 school year. Students who
4 attain scores on the SAT or ACT which equate to the passing
5 scores on the grade 10 FCAT for purposes of high school
6 graduation shall satisfy the assessment requirement for a
7 standard high school diploma as provided in s. 1003.429(6)(a)
8 or s. 1003.43(5)(a) for the 2003-2004 school year if the
9 students meet the requirement in paragraph (b).
10 (b) A student shall be required to take the grade 10
11 FCAT a total of three times without earning a passing score in
12 order to use the scores on an alternative assessment pursuant
13 to paragraph (a). This requirement shall not apply to a
14 student who is a new student to the public school system in
15 grade 12.
16 (11)(10) RULES.--The State Board of Education shall
17 adopt rules under pursuant to ss. 120.536(1) and 120.54 to
18 implement the provisions of this section.
19 Section 20. Subsection (8) of section 1008.25, Florida
20 Statutes, is amended, and subsection (11) is added to that
21 section, to read:
22 1008.25 Public school student progression; remedial
23 instruction; reporting requirements.--
24 (8) ANNUAL REPORT.--
25 (a) In addition to the requirements in paragraph
26 (5)(b), each district school board must annually report to the
27 parent of each student the progress of the student toward
28 achieving state and district expectations for proficiency in
29 reading, writing, science, and mathematics. The district
30 school board must report to the parent the student's results
31 on each statewide assessment test. The evaluation of each
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1 student's progress must be based upon the student's classroom
2 work, observations, tests, district and state assessments, and
3 other relevant information. Progress reporting must be
4 provided to the parent in writing in a format adopted by the
5 district school board.
6 (b) Beginning with the 2001-2002 school year, Each
7 district school board must annually publish in the local
8 newspaper, and report in writing to the State Board of
9 Education by September 1 of each year, the following
10 information on the prior school year:
11 1. The provisions of this section relating to public
12 school student progression and the district school board's
13 policies and procedures on student retention and promotion.
14 2. By grade, the number and percentage of all students
15 in grades 3 through 10 performing at Levels 1 and 2 on the
16 reading portion of the FCAT.
17 3. By grade, the number and percentage of all students
18 retained in grades 3 through 10.
19 4. Information on the total number of students who
20 were promoted for good cause, by each category of good cause
21 as specified in paragraph (6)(b).
22 5. Any revisions to the district school board's policy
23 on student retention and promotion from the prior year.
24 (c) The Department of Education shall establish a
25 uniform format in which school districts must report such
26 information. The department shall annually compile the
27 information required under subparagraphs (b)2., 3., and 4.,
28 along with state-level summary information, and shall report
29 the information to the Governor, the President of the Senate,
30 and the Speaker of the House of Representatives.
31 (11) REPORTS.--The Department of Education shall
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1 annually provide to the Governor, the President of the Senate,
2 and the Speaker of the House of Representatives a report on:
3 (a) The longitudinal performance of students in math
4 and reading.
5 (b) The longitudinal performance of students by grade
6 level in math and reading.
7 (c) The longitudinal performance regarding efforts to
8 close the achievement gap.
9 (d) The longitudinal performance of students on the
10 norm-referenced component of the FCAT.
11 (e) Other student performance data based on national
12 norm-referenced and criterion-referenced tests, when
13 available.
14 Section 21. Section 1008.31, Florida Statutes, is
15 amended to read:
16 1008.31 Florida's K-20 education performance
17 accountability system; legislative intent; public
18 accountability and reporting performance-based funding;
19 mission, goals, and systemwide measures.--
20 (1) LEGISLATIVE INTENT.--It is the intent of the
21 Legislature that:
22 (a) The performance accountability system implemented
23 to assess the effectiveness of Florida's seamless K-20
24 education delivery system provide answers to the following
25 questions in relation to its mission and goals:
26 1. What is the public receiving in return for funds it
27 invests in education?
28 2. How effectively is Florida's K-20 education system
29 educating its students?
30 3. How effectively are the major delivery sectors
31 promoting student achievement?
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1 4. How are individual schools and postsecondary
2 education institutions performing their responsibility to
3 educate their students as measured by how students are
4 exhibiting performing and how much they are learning?
5 (b) The K-20 education performance accountability
6 system be established as a single, unified accountability
7 system with multiple components, including, but not limited
8 to, measures of adequate yearly progress, individual student
9 learning gains in public schools, school grades, and return on
10 investment.
11 (c) The K-20 education performance accountability
12 system comply with the accountability requirements of the "No
13 Child Left Behind Act of 2001," Pub. L. No. 107-110.
14 (d) The State Board of Education recommend to the
15 Legislature systemwide performance standards; the Legislature
16 establish systemwide performance measures and standards; and
17 the systemwide measures and standards provide Floridians with
18 information on what the public is receiving in return for the
19 funds it invests in education and how well the K-20 system
20 educates its students.
21 (e) The State Board of Education establish performance
22 measures and set performance standards for individual
23 components of the public education system, including
24 individual schools and community colleges postsecondary
25 educational institutions, with measures and standards based
26 primarily on student achievement.
27 (f) The Board of Governors establish performance
28 measures and set performance standards for state universities,
29 with measures and standards based primarily on student access
30 and achievement. Measures should encourage the seamless
31 transition of students from one educational level to the next
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1 and be consistent with other educational accountability
2 measures.
3 (2) PERFORMANCE-BASED FUNDING.--
4 (a) The State Board of Education shall cooperate with
5 each delivery system to develop proposals for
6 performance-based funding, using performance measures adopted
7 pursuant to this section.
8 (b) The State Board of Education proposals must
9 provide that at least 10 percent of the state funds
10 appropriated for the K-20 education system are conditional
11 upon meeting or exceeding established performance standards.
12 (c) The State Board of Education shall adopt
13 guidelines required to implement performance-based funding
14 that allow 1 year to demonstrate achievement of specified
15 performance standards prior to a reduction in appropriations
16 pursuant to this section.
17 (d) By December 1, 2003, the State Board of Education
18 shall adopt common definitions, measures, standards, and
19 performance improvement targets required to:
20 1. Use the state core measures and the sector-specific
21 measures to evaluate the progress of each sector of the
22 educational delivery system toward meeting the systemwide
23 goals for public education.
24 2. Notify the sectors of their progress in achieving
25 the specified measures so that they may develop improvement
26 plans that directly influence decisions about policy, program
27 development, and management.
28 3. Implement the performance-based budgeting system
29 described in this section.
30 (e) During the 2003-2004 fiscal year, the Department
31 of Education shall collect data required to establish
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1 progress, rewards, and sanctions.
2 (f) By December 1, 2004, the Department of Education
3 shall recommend to the Legislature a formula for
4 performance-based funding that applies accountability
5 standards for the individual components of the public
6 education system at every level, kindergarten through graduate
7 school. Effective for the 2004-2005 fiscal year and
8 thereafter, subject to annual legislative approval in the
9 General Appropriations Act, performance-based funds shall be
10 allocated based on the progress, rewards, and sanctions
11 established pursuant to this section.
12 (2)(3) MISSION, GOALS, AND SYSTEMWIDE MEASURES.--
13 (a) The mission of Florida's K-20 education system
14 shall be to increase the proficiency of all students within
15 one seamless, efficient system, by allowing them the
16 opportunity to expand their knowledge and skills through
17 learning opportunities and research valued by students,
18 parents, and communities.
19 (b) The State Board of Education shall adopt guiding
20 principles for establishing state and sector-specific
21 standards and measures must assure that the process is:.
22 1. Focused on student success;
23 2. Actionable, in that an educational entity can
24 affect the outcomes through policy and program changes;
25 3. High-quality and efficient;
26 4. Measurable over time;
27 5. Simple to explain and display to the public; and
28 6. Aligned with other measures and other sectors to
29 support a coordinated K-20 education system.
30 (c) The Department State Board of Education shall
31 maintain an accountability system that measures student
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1 progress toward the following goals:
2 1. Highest student achievement, as indicated by
3 evidence of student learning gains at all levels measured by:
4 student FCAT performance and annual learning gains; the number
5 and percentage of schools that improve at least one school
6 performance grade designation or maintain a school performance
7 grade designation of "A" pursuant to s. 1008.34; graduation or
8 completion rates at all learning levels; and other measures
9 identified in law or rule.
10 2. Seamless articulation and maximum access, as
11 measured by evidence of progression and readiness and evidence
12 of access by targeted groups of students identified by the
13 commissioner: the percentage of students who demonstrate
14 readiness for the educational level they are entering, from
15 kindergarten through postsecondary education and into the
16 workforce; the number and percentage of students needing
17 remediation; the percentage of Floridians who complete
18 associate, baccalaureate, graduate, professional, and
19 postgraduate degrees; the number and percentage of credits
20 that articulate; the extent to which each set of exit-point
21 requirements matches the next set of entrance-point
22 requirements; the degree to which underserved populations
23 access educational opportunity; the extent to which access is
24 provided through innovative educational delivery strategies;
25 and other measures identified in law or rule.
26 3. Skilled workforce and economic development, as
27 measured by evidence of employment and earnings: the number
28 and percentage of graduates employed in their areas of
29 preparation; the percentage of Floridians with high school
30 diplomas and postsecondary education credentials; the
31 percentage of business and community members who find that
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1 Florida's graduates possess the skills they need; national
2 rankings; and other measures identified in law or rule.
3 4. Quality efficient services, as measured by evidence
4 of return on investment: cost per completer or graduate;
5 average cost per noncompleter at each educational level; cost
6 disparity across institutions offering the same degrees; the
7 percentage of education customers at each educational level
8 who are satisfied with the education provided; and other
9 measures identified in law or rule.
10 (3)(4) K-20 EDUCATION DATA QUALITY IMPROVEMENT.--To
11 provide data required to implement education performance
12 accountability measures in state and federal law, the
13 commissioner shall initiate and maintain strategies to improve
14 data quality and timeliness.
15 (a) SYSTEMWIDE DATA COLLECTION.--School districts and
16 public postsecondary educational institutions shall maintain
17 information systems that will provide the State Board of
18 Education, the Board of Governors, and the Legislature with
19 information and reports necessary to address the
20 specifications of the accountability system. The State Board
21 of Education shall determine the standards for the required
22 data. The level of comprehensiveness and quality shall be no
23 less than that which was available as of June 30, 2001.
24 (b) The Commissioner of Education shall determine the
25 standards for the required data, monitor data quality, and
26 measure improvements. The commissioner shall report annually
27 to the Legislature, the State Board of Education, and the
28 Board of Governors data quality indicators and ratings for all
29 public postsecondary education institutions and school
30 districts.
31 (4) RULES.--The State Board of Education shall adopt
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1 rules under ss. 120.536(1) and 120.54 to implement this
2 section.
3 Section 22. Section 1008.33, Florida Statutes, is
4 amended to read:
5 1008.33 Authority to enforce public school
6 improvement.--It is the intent of the Legislature that all
7 public schools be held accountable for students performing at
8 acceptable levels. A system of school improvement and
9 accountability that assesses student performance by school,
10 identifies schools in which students are not making adequate
11 progress toward state standards, institutes appropriate
12 measures for enforcing improvement, and provides rewards and
13 sanctions based on performance shall be the responsibility of
14 the State Board of Education.
15 (1) Pursuant to Art. IX of the State Constitution
16 prescribing the duty of the State Board of Education to
17 supervise Florida's public school system and notwithstanding
18 any other statutory provisions to the contrary, the State
19 Board of Education shall intervene in the operation of a
20 district school system when one or more schools in the school
21 district have failed to make adequate progress for 2 school
22 years in a 4-year period. For purposes of determining when a
23 school is eligible for state board action and opportunity
24 scholarships for its students, the terms "2 years in any
25 4-year period" and "2 years in a 4-year period" mean that in
26 any year that a school has a grade of "F," the school is
27 eligible for state board action and opportunity scholarships
28 for its students if it also has had a grade of "F" in any of
29 the previous 3 school years. The State Board of Education may
30 determine that the school district or school has not taken
31 steps sufficient for students in the school to be academically
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1 well served. Considering recommendations of the Commissioner
2 of Education, the State Board of Education shall recommend
3 action to a district school board intended to improve
4 educational services to students in each school that is
5 designated with a grade of as performance grade category "F."
6 Recommendations for actions to be taken in the school district
7 shall be made only after thorough consideration of the unique
8 characteristics of a school, which shall include student
9 mobility rates, the number and type of exceptional students
10 enrolled in the school, and the availability of options for
11 improved educational services. The state board shall adopt by
12 rule steps to follow in this process. Such steps shall
13 provide school districts sufficient time to improve student
14 performance in schools and the opportunity to present evidence
15 of assistance and interventions that the district school board
16 has implemented.
17 (2) The State Board of Education may recommend one or
18 more of the following actions to district school boards to
19 enable students in schools designated with a grade of as
20 performance grade category "F" to be academically well served
21 by the public school system:
22 (a) Provide additional resources, change certain
23 practices, and provide additional assistance if the state
24 board determines the causes of inadequate progress to be
25 related to school district policy or practice;
26 (b) Implement a plan that satisfactorily resolves the
27 education equity problems in the school;
28 (c) Contract for the educational services of the
29 school, or reorganize the school at the end of the school year
30 under a new school principal who is authorized to hire new
31 staff and implement a plan that addresses the causes of
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1 inadequate progress;
2 (d) Transfer high-quality teachers, faculty, and staff
3 to improve the performance of students in any low-performing
4 school;
5 (e)(d) Allow parents of students in the school to send
6 their children to another district school of their choice; or
7 (f)(e) Other action appropriate to improve the
8 school's performance.
9 (3) In recommending actions to district school boards,
10 the State Board of Education shall specify the length of time
11 available to implement the recommended action. The State
12 Board of Education may adopt rules to further specify how it
13 may respond in specific circumstances. No Action taken by the
14 State Board of Education does not shall relieve a school from
15 state accountability requirements.
16 (4) The State Board of Education may require the
17 Department of Education or Chief Financial Officer to withhold
18 any transfer of state funds to the school district if, within
19 the timeframe specified in state board action, the school
20 district has failed to comply with the action ordered to
21 improve the district's low-performing schools. Withholding The
22 transfer of funds may be withheld shall occur only after all
23 other recommended actions for school improvement have failed
24 to improve performance. The State Board of Education may
25 impose the same penalty on any district school board that
26 fails to develop and implement a plan for assistance and
27 intervention for low-performing schools as specified in s.
28 1001.42(16)(c).
29 Section 23. Section 1008.34, Florida Statutes, is
30 amended to read:
31 1008.34 School grading system; school report cards;
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1 district performance grade.--
2 (1) ANNUAL REPORTS.--The Commissioner of Education
3 shall prepare annual reports of the results of the statewide
4 assessment program which describe student achievement in the
5 state, each district, and each school. The commissioner shall
6 prescribe the design and content of these reports, which must
7 include, without limitation, descriptions of the performance
8 of all schools participating in the assessment program and all
9 of their major student populations as determined by the
10 Commissioner of Education, and must also include the median
11 scores of all eligible students who scored at or in the lowest
12 25th percentile of the state in the previous school year;
13 provided, however, that the provisions of s. 1002.22
14 pertaining to student records apply to this section.
15 (2) SCHOOL GRADES PERFORMANCE GRADE CATEGORIES.--The
16 annual report shall identify schools as having one of the
17 following grades being in one of the following grade
18 categories defined according to rules of the State Board of
19 Education:
20 (a) "A," schools making excellent progress.
21 (b) "B," schools making above average progress.
22 (c) "C," schools making satisfactory progress.
23 (d) "D," schools making less than satisfactory
24 progress.
25 (e) "F," schools failing to make adequate progress.
26
27 Each school designated with a grade of in performance grade
28 category "A," making excellent progress, or having improved at
29 least two grade levels performance grade categories, shall
30 have greater authority over the allocation of the school's
31 total budget generated from the FEFP, state categoricals,
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1 lottery funds, grants, and local funds, as specified in state
2 board rule. The rule must provide that the increased budget
3 authority shall remain in effect until the school's
4 performance grade declines.
5 (3) DESIGNATION OF SCHOOL GRADES PERFORMANCE GRADE
6 CATEGORIES.--School grades performance grade category
7 designations itemized in subsection (2) shall be based on the
8 following:
9 (a) Criteria Timeframes.--
10 1. School performance grade category designations
11 shall be based on the school's current year performance and
12 the school's annual learning gains.
13 2. A school's grade performance grade category
14 designation shall be based on a combination of:
15 1. Student achievement scores;,
16 2. Student learning gains as measured by annual FCAT
17 assessments in grades 3 through 10;, and
18 3. Improvement of the lowest 25th percentile of
19 students in the school in reading, math, or writing on the
20 FCAT, unless these students are exhibiting performing above
21 satisfactory performance.
22 (b) Schools to be graded.--All schools shall receive a
23 school grade except those alternative schools that receive a
24 school improvement rating pursuant to s. 1008.341. Alternative
25 schools may choose to receive a school grade pursuant to the
26 provisions of this section in lieu of a school improvement
27 rating described in s. 1008.341.
28 (c)(b) Student assessment data.--Student assessment
29 data used in determining school grades performance grade
30 categories shall include:
31 1. The aggregate scores of all eligible students
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1 enrolled in the school who have been assessed on the FCAT.
2 2. The aggregate scores of all eligible students
3 enrolled in the school who have been assessed on the FCAT,
4 including Florida Writes, and who have scored at or in the
5 lowest 25th percentile of students in the school in reading,
6 math, or writing, unless these students are exhibiting
7 performing above satisfactory performance.
8 3. The achievement scores and learning gains of
9 eligible students attending alternative schools that provide
10 dropout prevention and academic intervention services pursuant
11 to s. 1003.53. The term "eligible students" as used in this
12 subparagraph does not include students attending an
13 alternative school who are subject to district school board
14 policies for expulsion for repeated or serious offenses, who
15 are in dropout retrieval programs serving students who have
16 officially been designated as dropouts, and who are in the
17 programs operated or contracted by the Department of Juvenile
18 Justice. The student performance data for eligible students
19 identified in this subparagraph shall be included in
20 calculating the originating school's grade. For purposes of
21 this section and s. 1008.341, the term "originating school"
22 means the school that the student was attending when assigned
23 to an alternative school. If an alternative school chooses to
24 be graded pursuant to this section, student performance data
25 for eligible students identified in this subparagraph may not
26 be included in the originating school's grade, but shall be
27 included only in the calculation of the alternative school's
28 grade. School districts must ensure collaboration between the
29 originating school and the alternative school in order to
30 promote student success.
31
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1 The Department of Education shall study the effects of
2 mobility on the performance of highly mobile students and
3 recommend programs to improve the performance of such
4 students. The State Board of Education shall adopt appropriate
5 criteria for each school grade performance grade category. The
6 criteria must also give added weight to student achievement in
7 reading. Schools designated with a grade of as performance
8 grade category "C," making satisfactory progress, shall be
9 required to demonstrate that adequate progress has been made
10 by students in the school who are in the lowest 25th
11 percentile in reading, math, or writing on the FCAT, including
12 Florida Writes, unless these students are exhibiting
13 performing above satisfactory performance.
14 (4) SCHOOL IMPROVEMENT RATINGS.--The annual report
15 shall identify each school's performance as having improved,
16 remained the same, or declined. This school improvement rating
17 shall be based on a comparison of the current year's and
18 previous year's student and school performance data. Schools
19 that improve at least one performance grade category are
20 eligible for school recognition awards pursuant to s. 1008.36.
21 (5) SCHOOL REPORT CARD.--The Department of Education
22 shall annually develop in collaboration with the school
23 districts a school report card to be delivered to parents
24 throughout each school district. The report card must include
25 the school's grade, information regarding school improvement,
26 an explanation of school performance as evaluated by the
27 federal No Child Left Behind Act, and indicators of return on
28 investment. PERFORMANCE GRADE CATEGORY AND IMPROVEMENT RATING
29 REPORTS.--School performance grade category designations and
30 improvement ratings shall apply to each school's performance
31 for the year in which performance is measured. Each school's
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1 report card designation and rating shall be published annually
2 by the Department of Education on the department's website,
3 and the school district shall provide the report card to each
4 parent. Parents shall be entitled to an easy-to-read report
5 card about the designation and rating of the school in which
6 their child is enrolled.
7 (6) RULES.--The State Board of Education shall adopt
8 rules pursuant to ss. 120.536(1) and 120.54 to implement the
9 provisions of this section.
10 (6)(7) PERFORMANCE-BASED FUNDING.--The Legislature may
11 factor in the performance of schools in calculating any
12 performance-based funding policy that is provided for annually
13 in the General Appropriations Act.
14 (7)(8) DISTRICT PERFORMANCE GRADE.--The annual report
15 required by subsection (1) shall include district performance
16 grades, which shall consist of weighted district average
17 grades, by level, for all elementary schools, middle schools,
18 and high schools in the district. A district's weighted
19 average grade shall be calculated by weighting individual
20 school grades determined pursuant to subsection (2) by school
21 enrollment.
22 (8) The State Board of Education shall adopt rules
23 under ss. 120.536(1) and 120.54 to administer this section.
24 Section 24. Section 1008.341, Florida Statutes, is
25 created to read:
26 1008.341 School improvement rating for alternative
27 schools.--
28 (1) ANNUAL REPORTS.--The Commissioner of Education
29 shall prepare an annual report on the performance of each
30 school receiving a school improvement rating pursuant to this
31 section if the provisions of s. 1002.22 pertaining to student
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1 records apply.
2 (2) SCHOOL IMPROVEMENT RATING.--Alternative schools
3 that provide dropout prevention and academic intervention
4 services pursuant to s. 1003.53 may not receive a school grade
5 as described in s. 1008.34, but shall receive a school
6 improvement rating pursuant to this section. The school
7 improvement rating shall identify schools as having one of the
8 following ratings defined according to rules of the State
9 Board of Education:
10 (a) "Improving" schools with students making more
11 academic progress than when the students were served in their
12 home school.
13 (b) "Maintaining" schools with students making the
14 equivalent progress as when the students were served in their
15 home school.
16 (c) "Declining" schools with students making less
17 academic progress than when the students were served in their
18 home school.
19
20 The school improvement rating shall be based on a comparison
21 of the current year's and previous year's students and school
22 performance data. Schools that improve at least one level
23 pursuant to this section are eligible for school recognition
24 awards pursuant to s. 1008.36.
25 (3) DESIGNATION OF SCHOOL IMPROVEMENT RATING.--Student
26 assessment data used in determining an alternative school's
27 school improvement rating shall include:
28 (a) The aggregate scores of all eligible students who
29 were assigned to and enrolled in the school during the October
30 or February FTE counts, who have been assessed on the FCAT,
31 and who have FCAT or comparable scores for the preceding
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1 school year.
2 (b) The aggregate scores of all eligible students who
3 were assigned to and enrolled in the school during the October
4 or February FTE counts, who have been assessed on the FCAT,
5 including Florida Writes, and who have scored at or in the
6 lowest 25th percentile of students in the state on FCAT
7 Reading.
8
9 The scores of students who are subject to district school
10 board policies for expulsion for repeated or serious offenses,
11 who are in dropout retrieval programs serving students who
12 have officially been designated as dropouts, and who are in
13 programs operated and contracted by the Department of Juvenile
14 Justice may not be included in an alternative school's
15 improvement rating.
16 (4) IDENTIFICATION OF STUDENT LEARNING GAINS.--For all
17 alternative schools receiving a school improvement rating, the
18 Department of Education shall annually identify the percent of
19 students making learning gains as compared to the percent of
20 the same students making learning gains at their originating
21 school in the year before being assigned to the alternative
22 school.
23 (5) SCHOOL REPORT CARD.--The Department of Education
24 shall annually develop, in collaboration with the school
25 districts, a school report card for alternative schools to be
26 delivered to parents through each school district. The report
27 card shall include the school improvement rating,
28 identification of student learning gains, information
29 regarding school improvement, an explanation of school
30 performance as evaluated by the federal No Child Left Behind
31 Act of 2001, and indicators of return on investment.
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1 (6) RULES.--The State Board of Education shall adopt
2 rules pursuant to ss. 120.536(1) and 120.54 to administer the
3 provisions of this section.
4 Section 25. Section 1008.36, Florida Statutes, is
5 amended to read:
6 1008.36 Florida School Recognition Program.--
7 (1) The Legislature finds that there is a need for a
8 performance incentive program for outstanding faculty and
9 staff in highly productive schools. The Legislature further
10 finds that performance-based incentives are commonplace in the
11 private sector and should be infused into the public sector as
12 a reward for productivity.
13 (2) The Florida School Recognition Program is created
14 to provide financial awards to public schools that:
15 (a) Sustain high performance by receiving a school
16 grade of "A," making excellent progress; or
17 (b) Demonstrate exemplary improvement due to
18 innovation and effort by improving a letter grade.
19 (3) All public schools, including charter schools,
20 that receive a school grade pursuant to s. 1008.34 are
21 eligible to participate in the program. For purposes of this
22 section, a school serving any combination of kindergarten
23 through grade 3 students which does not receive a school grade
24 under s. 1008.34 shall be assigned the school performance
25 grade of the feeder pattern school designated by the
26 Department of Education and verified by the school district
27 and shall be eligible to participate in the program based upon
28 that feeder. A feeder school pattern is defined where at least
29 60 percent of the students in the school or schools servicing
30 a combination of kindergarten through grade 3 students are
31 scheduled to be assigned to the school receiving the school
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1 grade. In addition, the feeder pattern school shall be subject
2 to the Opportunity Scholarship Program as defined in s.
3 1002.38.
4 (4) All selected schools shall receive financial
5 awards depending on the availability of funds appropriated and
6 the number and size of schools selected to receive an award.
7 Funds must be distributed to the school's fiscal agent and
8 placed in the school's account and must be used for purposes
9 listed in subsection (5) as determined jointly by the school's
10 staff and school advisory council. If school staff and the
11 school advisory council cannot reach agreement by November 1,
12 the awards must be equally distributed to all classroom
13 teachers currently teaching in the school.
14 (5) School recognition awards must be used for the
15 following:
16 (a) Nonrecurring bonuses to the faculty and staff who
17 presently are employed at the school or who were employed at
18 the school during the year of improved performance;
19 (b) Nonrecurring expenditures for educational
20 equipment or materials to assist in maintaining and improving
21 student performance; or
22 (c) Temporary personnel for the school to assist in
23 maintaining and improving student performance.
24
25 Notwithstanding statutory provisions to the contrary,
26 incentive awards are not subject to collective bargaining.
27 Section 26. Paragraph (f) of subsection (1),
28 paragraphs (a) and (b) of subsection (4), and subsection (8)
29 of section 1011.62, Florida Statutes, are amended, and present
30 subsection (9) of that section is redesignated as subsection
31 (10), and a new subsection (9) is added to that section, to
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1 read:
2 1011.62 Funds for operation of schools.--If the annual
3 allocation from the Florida Education Finance Program to each
4 district for operation of schools is not determined in the
5 annual appropriations act or the substantive bill implementing
6 the annual appropriations act, it shall be determined as
7 follows:
8 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
9 OPERATION.--The following procedure shall be followed in
10 determining the annual allocation to each district for
11 operation:
12 (f) Supplemental academic instruction; categorical
13 fund.--
14 1. There is created a categorical fund to provide
15 supplemental academic instruction to students in kindergarten
16 through grade 12. This paragraph may be cited as the
17 "Supplemental Academic Instruction Categorical Fund."
18 2. Categorical funds for supplemental academic
19 instruction shall be allocated annually to each school
20 district in the amount provided in the General Appropriations
21 Act. These funds shall be in addition to the funds
22 appropriated on the basis of FTE student membership in the
23 Florida Education Finance Program and shall be included in the
24 total potential funds of each district. These funds shall be
25 used to provide supplemental academic instruction to students
26 enrolled in the K-12 program. Supplemental instruction
27 strategies may include, but are not limited to: modified
28 curriculum, reading instruction, after-school instruction,
29 tutoring, mentoring, class size reduction, extended school
30 year, intensive skills development in summer school, and other
31 methods for improving student achievement. Supplemental
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1 instruction may be provided to a student in any manner and at
2 any time during or beyond the regular 180-day term identified
3 by the school as being the most effective and efficient way to
4 best help that student progress from grade to grade and to
5 graduate.
6 3. Effective with the 1999-2000 fiscal year, funding
7 on the basis of FTE membership beyond the 180-day regular term
8 shall be provided in the FEFP only for students enrolled in
9 juvenile justice education programs or in an education program
10 for juveniles under s. 985.223. Funding for instruction beyond
11 the regular 180-day school year for all other K-12 students
12 shall be provided through the supplemental academic
13 instruction categorical fund and other state, federal, and
14 local fund sources with ample flexibility for schools to
15 provide supplemental instruction to assist students in
16 progressing from grade to grade and graduating.
17 4. The Florida State University School, as a lab
18 school, is authorized to expend from its FEFP or Lottery
19 Enhancement Trust Fund allocation the cost to the student of
20 remediation in reading, writing, or mathematics for any
21 graduate who requires remediation at a postsecondary
22 educational institution.
23 5. Beginning in the 1999-2000 school year, dropout
24 prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
25 (b), and (c), and 1003.54 shall be included in group 1
26 programs under subparagraph (d)3.
27 (4) COMPUTATION OF DISTRICT REQUIRED LOCAL
28 EFFORT.--The Legislature shall prescribe the aggregate
29 required local effort for all school districts collectively as
30 an item in the General Appropriations Act for each fiscal
31 year. The amount that each district shall provide annually
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1 toward the cost of the Florida Education Finance Program for
2 kindergarten through grade 12 programs shall be calculated as
3 follows:
4 (a) Estimated taxable value calculations.--
5 1.a. Not later than 2 working days prior to July 19,
6 the Department of Revenue shall certify to the Commissioner of
7 Education its most recent estimate of the taxable value for
8 school purposes in each school district and the total for all
9 school districts in the state for the current calendar year
10 based on the latest available data obtained from the local
11 property appraisers. Not later than July 19, the Commissioner
12 of Education shall compute a millage rate, rounded to the next
13 highest one one-thousandth of a mill, which, when applied to
14 95 percent of the estimated state total taxable value for
15 school purposes, would generate the prescribed aggregate
16 required local effort for that year for all districts. The
17 Commissioner of Education shall certify to each district
18 school board the millage rate, computed as prescribed in this
19 subparagraph, as the minimum millage rate necessary to provide
20 the district required local effort for that year.
21 b. The General Appropriations Act shall direct the
22 computation of the statewide adjusted aggregate amount for
23 required local effort for all school districts collectively
24 from ad valorem taxes to ensure that no school district's
25 revenue from required local effort millage will produce more
26 than 90 percent of the district's total Florida Education
27 Finance Program calculation, and the adjustment of the
28 required local effort millage rate of each district that
29 produces more than 90 percent of its total Florida Education
30 Finance Program entitlement to a level that will produce only
31 90 percent of its total Florida Education Finance Program
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1 entitlement in the July calculation.
2 2. As revised data are received from property
3 appraisers, the Department of Revenue shall amend the
4 certification of the estimate of the taxable value for school
5 purposes. The Commissioner of Education, in administering the
6 provisions of subparagraph (10)(a)2. subparagraph (9)(a)2.,
7 shall use the most recent taxable value for the appropriate
8 year.
9 (b) Final calculation.--
10 1. The Department of Revenue shall, upon receipt of
11 the official final assessed value of property from each of the
12 property appraisers, certify to the Commissioner of Education
13 the taxable value total for school purposes in each school
14 district, subject to the provisions of paragraph (d). The
15 commissioner shall use the official final taxable value for
16 school purposes for each school district in the final
17 calculation of the annual Florida Education Finance Program
18 allocations.
19 2. For the purposes of this paragraph, the official
20 final taxable value for school purposes shall be the taxable
21 value for school purposes on which the tax bills are computed
22 and mailed to the taxpayers, adjusted to reflect final
23 administrative actions of value adjustment boards and judicial
24 decisions pursuant to part I of chapter 194. By September 1 of
25 each year, the Department of Revenue shall certify to the
26 commissioner the official prior year final taxable value for
27 school purposes. For each county that has not submitted a
28 revised tax roll reflecting final value adjustment board
29 actions and final judicial decisions, the Department of
30 Revenue shall certify the most recent revision of the official
31 taxable value for school purposes. The certified value shall
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1 be the final taxable value for school purposes, and no further
2 adjustments shall be made, except those made pursuant to
3 subparagraph (10)(a)2 subparagraph (9)(a)2.
4 (8) QUALITY ASSURANCE GUARANTEE.--The Legislature may
5 annually in the General Appropriations Act determine a
6 percentage increase in funds per K-12 unweighted FTE as a
7 minimum guarantee to each school district. The guarantee shall
8 be calculated from prior year base funding per unweighted FTE
9 student which shall include the adjusted FTE dollars as
10 provided in subsection (10)(9), quality guarantee funds, and
11 actual nonvoted discretionary local effort from taxes. From
12 the base funding per unweighted FTE, the increase shall be
13 calculated for the current year. The current year funds from
14 which the guarantee shall be determined shall include the
15 adjusted FTE dollars as provided in subsection (10) (9) and
16 potential nonvoted discretionary local effort from taxes. A
17 comparison of current year funds per unweighted FTE to prior
18 year funds per unweighted FTE shall be computed. For those
19 school districts which have less than the legislatively
20 assigned percentage increase, funds shall be provided to
21 guarantee the assigned percentage increase in funds per
22 unweighted FTE student. Should appropriated funds be less than
23 the sum of this calculated amount for all districts, the
24 commissioner shall prorate each district's allocation. This
25 provision shall be implemented to the extent specifically
26 funded.
27 (9) RESEARCH-BASED READING-INSTRUCTION ALLOCATION.--
28 (a) There is created the Research-Based
29 Reading-Instruction Allocation to provide comprehensive
30 reading instruction to students in kindergarten through grade
31 12.
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1 (b) Funds for comprehensive, research-based reading
2 instruction shall be allocated annually to each school
3 district in the amount provided in the General Appropriations
4 Act. Each school district may be allocated a minimum amount as
5 specified in the General Appropriations Act with the balance
6 of funds being allocated by prorating on each district's share
7 of Florida Education Finance Program base funding.
8 (c) Funds allocated under this subsection must be used
9 to provide a system of comprehensive reading instruction to
10 students enrolled in K-12 programs, which may include the
11 provision of:
12 1. Highly qualified reading coaches whose priority is
13 building capacity on effective strategies to teach reading and
14 enhance literacy. Reading coaches who are endorsed should,
15 whenever possible, be involved in the instruction of students.
16 2. Professional development for district teachers in
17 scientifically based reading instruction;
18 3. Summer reading camps for students who score at
19 Level 1 on the FCAT;
20 4. Supplemental instructional materials that are
21 grounded in scientifically based reading research; and
22 5. Intensive interventions for middle-school and
23 secondary-school students who are reading below grade level.
24 (d) Annually, by a date determined by the Department
25 of Education but before May 1, school districts shall submit a
26 plan for the specific use of the research-based reading
27 instruction allocation in the format prescribed by the
28 department for review and approval by the Just Read, Florida!
29 Office created pursuant to s. 1001.215. The plan annually
30 submitted by school districts shall be deemed approved unless
31 the department rejects the plan on or before June 1. If a
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1 school district and the Just Read, Florida! Office cannot
2 agree on the contents of the plan, the school district may
3 appeal to the State Board of Education. The plan format shall
4 be developed with input from school district personnel,
5 including teachers and principals, and shall allow courses in
6 core, career, and alternative programs that deliver intensive
7 reading remediation through integrated curricula. No later
8 than July 1 annually, the department shall release the school
9 district's allocation of appropriated funds to those districts
10 with approved plans. A school district that spends 100
11 percent of this allocation on its approved plan shall be
12 deemed to have been in compliance with the plan. The
13 department may withhold funds upon a determination that
14 reading instruction allocation funds are not being used to
15 implement the approved plan.
16 Section 27. Paragraph (b) of subsection (2) of section
17 1011.685, Florida Statutes, is amended to read:
18 1011.685 Class size reduction; operating categorical
19 fund.--
20 (2) Class size reduction operating categorical funds
21 shall be used by school districts for the following:
22 (b) For any lawful operating expenditure, if the
23 district has met the constitutional maximums identified in s.
24 1003.03(1) or the reduction of two students per year required
25 by s. 1003.03(2); however, priority shall be given to increase
26 salaries of classroom teachers as defined in s. 1012.01(2)(a)
27 and to implement the differentiated-pay provisions detailed in
28 s. 1012.22 salary career ladder defined in s. 1012.231.
29 Section 28. Subsection (1) of section 1011.71, Florida
30 Statutes, is amended, and subsection (7) is added to that
31 section, to read:
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1 1011.71 District school tax.--
2 (1) If the district school tax is not provided in the
3 General Appropriations Act or the substantive bill
4 implementing the General Appropriations Act, each district
5 school board desiring to participate in the state allocation
6 of funds for current operation as prescribed by s. 1011.62(10)
7 s. 1011.62(9) shall levy on the taxable value for school
8 purposes of the district, exclusive of millage voted under the
9 provisions of s. 9(b) or s. 12, Art. VII of the State
10 Constitution, a millage rate not to exceed the amount
11 certified by the commissioner as the minimum millage rate
12 necessary to provide the district required local effort for
13 the current year, pursuant to s. 1011.62(4)(a)1. In addition
14 to the required local effort millage levy, each district
15 school board may levy a nonvoted current operating
16 discretionary millage. The Legislature shall prescribe
17 annually in the appropriations act the maximum amount of
18 millage a district may levy. The millage rate prescribed shall
19 exceed zero mills but shall not exceed the lesser of 1.6 mills
20 or 25 percent of the millage which is required pursuant to s.
21 1011.62(4), exclusive of millage levied pursuant to subsection
22 (2).
23 (7) Notwithstanding subsections (2) and (5), a
24 district school board may expend funds generated under this
25 section to purchase the property and casualty insurance
26 associated with the educational plant of the district. Any
27 operating revenues made available through this section shall
28 be expended only for nonrecurring operational expenditures of
29 the school district.
30 Section 29. Subsection (6) is added to section
31 1012.21, Florida Statutes, to read:
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1 1012.21 Department of Education duties; K-12
2 personnel.--
3 (6) REPORTING.--The Department of Education shall
4 annually post on-line the collective bargaining contracts of
5 each school district in the state which the department has
6 received under s. 1012.22.
7 Section 30. Paragraph (c) of subsection (1) of section
8 1012.22, Florida Statutes, is amended read:
9 1012.22 Public school personnel; powers and duties of
10 the district school board.--The district school board shall:
11 (1) Designate positions to be filled, prescribe
12 qualifications for those positions, and provide for the
13 appointment, compensation, promotion, suspension, and
14 dismissal of employees as follows, subject to the requirements
15 of this chapter:
16 (c) Compensation and salary schedules.--
17 1. The district school board shall adopt a salary
18 schedule or salary schedules designed to furnish incentives
19 for improvement in training and for continued efficient
20 service to be used as a basis for paying all school employees
21 and fix and authorize the compensation of school employees on
22 the basis thereof.
23 2. A district school board, in determining the salary
24 schedule for instructional personnel, must base a portion of
25 each employee's compensation on performance demonstrated under
26 s. 1012.34, must consider the prior teaching experience of a
27 person who has been designated state teacher of the year by
28 any state in the United States, and must consider prior
29 professional experience in the field of education gained in
30 positions in addition to district level instructional and
31 administrative positions.
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1 3. In developing the salary schedule, the district
2 school board shall seek input from parents, teachers, and
3 representatives of the business community.
4 4.a. Beginning with the 2002-2003 fiscal year, Each
5 district school board must adopt a performance-pay policy for
6 school administrators and instructional personnel. The
7 district's performance-pay policy is subject to negotiation as
8 provided in chapter 447; however, the adopted salary schedule
9 must allow school administrators and instructional personnel
10 who demonstrate outstanding performance, as measured under s.
11 1012.34, to earn a 5-percent supplement in addition to their
12 individual, negotiated salary. The supplements shall be funded
13 from the performance-pay reserve funds adopted in the salary
14 schedule. Beginning with the 2004-2005 academic year, The
15 district's 5-percent performance-pay policy must provide for
16 the evaluation of classroom teachers based on the level of
17 their responsibilities within each level of the salary career
18 ladder provided in s. 1012.231.
19 b. The Commissioner of Education shall determine
20 whether the district school board's adopted salary schedule
21 complies with the requirement for performance-based pay. If
22 the district school board fails to comply with this section,
23 the commissioner shall recommend to the State Board of
24 Education that the board withhold disbursements from the
25 Educational Enhancement Trust Fund to the district until
26 compliance is verified, and the board may do so.
27 5.a. Beginning with the 2005-2006 fiscal year, each
28 district school board shall adopt a differentiated-pay policy
29 for school administrators and instructional personnel. The
30 policy with respect to instructional personnel is subject to
31 negotiation as provided in chapter 447; however, the adopted
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1 salary schedule must allow school administrators and
2 instructional personnel to receive differentiated pay based
3 upon factors including, but not limited to:
4 (I) The subject areas taught, with classroom teachers
5 who teach in critical shortage areas receiving higher pay;
6 (II) The economic demographics of the school, with
7 school administrators and instructional personnel in schools
8 that have a majority of students who qualify for free or
9 reduced-price lunches receiving higher pay;
10 (III) The performance of school administrators and
11 instructional personnel as provided in subparagraph 4.; and
12 (IV) The responsibilities of the classroom teacher.
13 b. The district school board must hold a public
14 hearing at which the board must present its proposed
15 differentiated-pay policy and the rationale supporting the
16 differentiated-pay classifications as proposed, consistent
17 with this subparagraph's differentiated-pay factors.
18 c. The Commissioner of Education shall determine
19 whether the district school board's adopted salary schedule
20 complies with the requirement for differentiated pay. If the
21 district school board does not adopt a differentiated-pay
22 scale, the commissioner shall recommend to the State Board of
23 Education that the board withhold disbursements from the
24 Educational Enhancement Trust Fund to the district until
25 compliance is verified, and the board may do so.
26 Section 31. Section 1012.2315, Florida Statutes, is
27 created to read:
28 1012.2315 Assignment of teachers.--
29 (1) LEGISLATIVE FINDINGS AND INTENT.--The Legislature
30 finds disparity between teachers assigned to teach in a
31 majority of "A" schools compared with those assigned to teach
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1 in a majority of "F" schools. The disparity can be found in
2 the average years of experience, the median salary, and the
3 performance of the teachers on teacher certification exams.
4 It is the intent of the Legislature that district school
5 boards have flexibility through the collective bargaining
6 process to assign teachers more equitably to schools
7 throughout the district.
8 (2) ASSIGNMENT TO "D" AND "F" SCHOOLS.--School
9 districts may not assign a higher percentage than the school
10 district average of first-time teachers, temporarily certified
11 teachers, teachers in need of improvement, or out-of-field
12 teachers to schools that have more than the school district
13 average of minority and economically disadvantaged students or
14 to schools that are graded "D" or "F." Each school district
15 shall annually certify to the Commissioner of Education that
16 this requirement has been met. If the commissioner determines
17 that a school district is not in compliance with this section,
18 the State Board of Education shall be notified and shall take
19 action in the next regularly scheduled meeting to require
20 compliance.
21 (3) SALARY INCENTIVES.--District school boards may
22 provide salary incentives to meet this requirement.
23 (4) COLLECTIVE BARGAINING.--Notwithstanding chapter
24 447, no provision of collective bargaining may preclude a
25 school district from assigning high-quality teachers to teach
26 in low-performing schools.
27 Section 32. Section 1012.986, Florida Statutes, is
28 created to read:
29 1012.986 Professional development for school
30 leaders.--
31 (1) SHORT TITLE.--This section may be cited as the
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1 GASL (Golden Academy of School Leadership) Act.
2 (2) CREATION OF PROGRAM.--There is created the GASL
3 Program which shall be administered by the Department of
4 Education. The program shall be a high-quality,
5 competency-based, customized, comprehensive, and coordinated
6 statewide professional development program to provide
7 leadership training opportunities for school leaders to enable
8 them to be more effective instructional leaders, especially in
9 the area of reading. The program shall provide school leaders
10 with the opportunity to attain a school leadership designation
11 pursuant to subsection (4).
12 (3) DEFINITION.--As used in this section, the term
13 "school leader" means a school principal or assistant
14 principal who holds a valid Florida certificate in educational
15 leadership.
16 (4) LEADERSHIP DESIGNATIONS.--The Department of
17 Education shall determine annually, in collaboration with
18 school principals, thresholds for different leadership
19 designations. Criteria for school leadership designations
20 shall be based on the following point system:
21 (a) One point for each percent increase over the
22 previous year, by grade, of students who score at or above
23 FCAT Level 3 in reading;
24 (b) One point for each percent increase over the
25 previous year, by grade, of students who score at or above
26 FCAT Level 3 in math;
27 (c) One point for each percent increase over the
28 previous year, by school, of students who score 3.5 or higher
29 on FCAT writing;
30 (d) One point for each percent increase over the
31 previous year of students making learning gains in reading;
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1 (e) One point for each percent increase over the
2 previous year of students making learning gains in math;
3 (f) One point for each percent increase over the
4 previous year of the lowest quartile making learning gains in
5 reading.
6 (5) GASL PROGRAM REQUIREMENTS.--
7 (a) The GASL Program shall be based upon the
8 leadership standards adopted by the State Board of Education,
9 the standards of the National Staff Development Council, and
10 the federal requirements for high-quality professional
11 development under the No Child Left Behind Act of 2001.
12 (b) The GASL Program shall provide a competency-based
13 approach that uses prediagnostic and post-diagnostic
14 evaluations that shall be used to create an individualized
15 professional development plan approved by the district school
16 superintendent. The plan must be structured to support the
17 school leader's attainment of the leadership standards adopted
18 by the State Board of Education.
19 (c) The GASL Program shall incorporate training in
20 instructional leadership and effective business practices for
21 efficient school operations in school leadership training
22 based on best practices of current effective leadership
23 training in school districts.
24 (6) DELIVERY SYSTEM.--The Department of Education
25 shall deliver the GASL Program through multiple delivery
26 systems, including:
27 (a) Approved school district training programs;
28 (b) Interactive technology-based instruction; and
29 (c) State, regional, or local leadership academies.
30 (7) RULES.--The State Board of Education shall adopt
31 rules under ss. 120.536(1) and 120.54 to administer this
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1 section.
2 Section 33. Subsection (6) of section 1013.512,
3 Florida Statutes, is amended to read:
4 1013.512 Land Acquisition and Facilities Advisory
5 Board.--
6 (6) Upon certification by the advisory board that
7 corrective action has been taken, the Legislative Budget
8 Commission shall release all funds remaining in reserve. Upon
9 such release, each Land Acquisition and Facilities Advisory
10 Board shall be disbanded.
11 Section 34. Approval is granted for the endowment for
12 the Appleton Museum of Art, currently held by the Appleton
13 Cultural Center, Inc., to be transferred to the Central
14 Florida Community College Foundation. The endowment to be
15 transferred, which includes state matching funds, was
16 established in 1987 through the Cultural Arts Endowment
17 Program. By this provision, the Central Florida Community
18 College Foundation is authorized to manage the endowment only
19 for the support of the educational program at the Appleton
20 Museum of Art and is released from all other provisions of the
21 Trust Agreement dated July 17, 1987, by and between the State
22 of Florida and the Appleton Cultural Center, Inc., and
23 sections 265.601 through 265.607, Florida Statutes.
24 Section 35. Sections 1012.987 and 1012.231, Florida
25 Statutes, are repealed.
26 Section 36. If any provision of this act or the
27 application thereof to any person or circumstance is held
28 invalid, the invalidity does not affect other provisions or
29 applications of the act which can be given effect without the
30 invalid provision or application, and to this end the
31 provisions of this act are declared severable.
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1 Section 37. Paragraph (c) of subsection (3) of section
2 1007.2615, Florida Statutes, is amended to read:
3 1007.2615 American Sign Language; findings;
4 foreign-language credits authorized; teacher licensing.--
5 (3) DUTIES OF COMMISSIONER OF EDUCATION AND STATE
6 BOARD OF EDUCATION; LICENSING OF AMERICAN SIGN LANGUAGE
7 TEACHERS; PLAN FOR POSTSECONDARY EDUCATION PROVIDERS.--
8 (c) An ASL teacher must be certified by the Department
9 of Education by July 1, 2009 January 1, 2008, and must obtain
10 current certification through the Florida American Sign
11 Language Teachers' Association (FASLTA) by January 1, 2006.
12 New FASLTA certification may be used by current ASL teachers
13 as an alternative certification track.
14 Section 38. Section 446.609, Florida Statutes, is
15 repealed.
16 Section 39. Except as otherwise expressly provided in
17 this act, this act shall take effect upon becoming a law.
18
19
20 ================ T I T L E A M E N D M E N T ===============
21 And the title is amended as follows:
22 Delete everything before the enacting clause
23
24 and insert:
25 A bill to be entitled
26 An act relating to education; amending s.
27 1001.03, F.S., relating to the powers of the
28 State Board of Education; requiring the State
29 Board of Education to periodically review the
30 Sunshine State Standards; creating s. 1001.215,
31 F.S.; creating the Just Read, Florida! Office
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1 within the Department of Education; providing
2 duties of the office; amending s. 1001.42,
3 F.S., relating to powers and duties of a
4 district school board; revising the
5 requirements for school improvement plans;
6 requiring school districts to observe Veterans'
7 Day; prohibiting holding classes on that day;
8 providing an exception; requiring the date of
9 the Veterans' Day observance to correspond with
10 the federal holiday; creating s. 1002.421,
11 F.S.; prescribing requirements of private
12 schools participating in state school choice
13 scholarship programs; requiring compliance with
14 requirements relating to notice, student
15 enrollment and attendance verification, fiscal
16 soundness, academic assessment, and
17 criminal-background checks and to applicable
18 state and local health, safety, and welfare
19 laws, codes, and rules; providing grounds for
20 ineligibility to participate in certain
21 scholarship programs; providing rulemaking
22 authority to the State Board of Education;
23 creating s. 1002.423, F.S.; prescribing
24 obligations of the Department of Education for
25 education scholarship programs; requiring the
26 department to identify certain assessments;
27 requiring the department to select a private
28 research organization to which private schools
29 report student scores; providing reporting
30 requirements; amending s. 1003.05, F.S.;
31 relating to military families; limiting certain
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1 enrollment opportunities; creating s. 1003.413,
2 F.S.; requiring school districts to adopt
3 certain reading policies in high schools;
4 requiring that certain high schools offer
5 specific support services for students scoring
6 at Level 1 on the FCAT reading test; creating a
7 high school task force; providing membership;
8 providing reporting requirements; amending s.
9 1003.415, F.S., relating to the Middle School
10 Grades Reform Act; revising legislative intent;
11 deleting obsolete references; creating s.
12 1003.4155, F.S.; establishing a grading system
13 for middle schools; creating s. 1003.4156,
14 F.S.; establishing general requirements for
15 promotion from middle school; requiring the
16 successful completion of 12 academic credits in
17 certain courses; requiring an intensive reading
18 course under certain circumstances; defining a
19 middle school academic credit for purposes of
20 the section; requiring district school boards
21 to adopt policies for alternatives to obtain
22 credits; amending s. 1003.42, F.S., relating to
23 required instruction; revising and increasing
24 the requirements for studying U.S. history and
25 free enterprise; providing rulemaking authority
26 to the State Board of Education; amending s.
27 1003.52, F.S.; requiring the Department of
28 Education to develop procedures for reporting
29 performance and participation data of students
30 in juvenile justice education programs;
31 amending s. 1003.57, F.S.; providing guidelines
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1 for determining the residency of a student who
2 receives instruction as an exceptional student
3 with a disability; requiring the student's
4 placing authority or parent to pay the cost of
5 such instruction, facilities, and services;
6 providing responsibilities of the Department of
7 Education; providing responsibilities of
8 residential facilities that educate exceptional
9 students with disabilities; providing
10 applicability; creating s. 1003.575, F.S.;
11 requiring the Department of Education to devise
12 an individual education plan form for use in
13 developing and implementing individual
14 education plans for exceptional students;
15 requiring school districts to use the form;
16 amending s. 1003.58, F.S.; conforming a
17 cross-reference; creating s. 1004.64, F.S.;
18 establishing the Florida Center for Reading
19 Research; specifying duties of the center;
20 amending s. 1008.22, F.S., relating to student
21 assessment; expressing legislative intent;
22 identifying grade levels for state assessment
23 administration; eliminating obsolete
24 references; requiring certain reports; amending
25 s. 1008.25, F.S., relating to public school
26 student progression; eliminating obsolete
27 references; directing the Department of
28 Education to establish a uniform format for
29 reporting student progression information;
30 requiring certain reports; amending s. 1008.31,
31 F.S., relating to education accountability;
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1 expressing legislative intent relating to
2 performance measures established by the Board
3 of Governors with respect to the state
4 universities; eliminating certain
5 performance-based funding requirements;
6 providing guiding principles for the
7 accountability system; revising the goals of
8 the accountability system; requiring certain
9 reports; providing rulemaking authority to the
10 State Board of Education; amending s. 1008.33,
11 F.S., relating to the authority to enforce
12 public school improvement; authorizing transfer
13 of certain teachers to low-performing schools;
14 amending s. 1008.34, F.S., relating to the
15 school grading system; requiring all schools to
16 receive a school grade except certain
17 alternative schools; requiring that achievement
18 scores and learning gains be calculated in
19 alternative schools that provide certain
20 services; requiring that student test scores be
21 calculated in the alternative school in which
22 the student is enrolled and in the school
23 previously attended by the student; providing
24 exceptions; requiring the Department of
25 Education to develop a school report card;
26 creating s. 1008.341, F.S.; requiring school
27 improvement ratings for alternative schools;
28 providing definitions; requiring that the
29 Commissioner of Education prepare an annual
30 report; specifying the data to be used in
31 determining school improvement ratings;
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1 requiring the department to identify student
2 learning gains annually; requiring that a
3 school report card be delivered to parents;
4 requiring the State Board of Education to adopt
5 rules; amending s. 1008.36, F.S., relating to
6 the Florida School Recognition Program;
7 providing that certain feeder schools are
8 eligible to participate in the program;
9 providing a definition; requiring certain
10 feeder schools to be subject to the Opportunity
11 Scholarship Program, as defined in s. 1002.38,
12 F.S.; providing for the disposition of school
13 recognition funds; defining eligibility for the
14 receipt of school recognition funds; amending
15 s. 1011.62, F.S., relating to funds for the
16 operation of schools; providing for additional
17 funding for students enrolled in education
18 programs for juveniles; creating a
19 research-based reading-instruction allocation
20 for students in kindergarten through grade 12;
21 providing for the use of the funds; providing
22 for fund disbursement; amending ss. 1011.685,
23 and 1011.71, F.S., to conform; amending s.
24 1011.71, F.S.; authorizing use of school board
25 millage for payment of premiums for property
26 and casualty insurance necessary to insure
27 school district educational plants; limiting
28 the use of certain operating revenues; amending
29 s. 1012.21, F.S., relating to the duties of the
30 Department of Education; requiring the
31 department to annually post school district
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1 collective bargaining agreements on-line;
2 amending s. 1012.22, F.S., relating to public
3 school personnel; requiring school boards to
4 adopt differentiated-pay policies for school
5 administrators and instructional personnel;
6 specifying factors to be included in
7 differentiated-pay policies; providing for the
8 withholding of funds for failure to comply;
9 creating s. 1012.2315, F.S.; establishing
10 legislative findings; expressing legislative
11 intent; providing criteria for the assignment
12 of teachers to certain schools; authorizing
13 certain salary incentives; limiting certain
14 collective bargaining provisions relating to
15 assignment of teachers at certain schools;
16 creating s. 1012.986, F.S.; establishing a
17 statewide system for the professional
18 development of school leaders; providing a
19 short title; providing program purposes and
20 legislative intent; requiring the Department of
21 Education to annually determine criteria for
22 school leadership designations based on certain
23 factors; requiring certain program components;
24 providing for a program delivery system;
25 providing rulemaking authority to the State
26 Board of Education; amending s. 1013.512, F.S.;
27 requiring the release of funds remaining in
28 reserve relating to school district land
29 acquisition and facilities operations;
30 specifying when a Land Acquisition and
31 Facilities Advisory Board shall be disbanded;
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1 approving a transfer of an endowment from the
2 Appleton Cultural Center, Inc., to the Central
3 Florida Community College Foundation; providing
4 restrictions on the management of the
5 endowment; releasing the foundation from
6 certain trust agreement and statutory
7 requirements; repealing s. 1012.987, F.S.,
8 relating to education leadership development;
9 repealing s. 1012.231, F.S., relating to the
10 BEST Florida Teaching Salary career ladder
11 program; providing for severability; amending
12 s. 1007.2615, F.S.; establishing a deadline by
13 which American Sign Language teachers must be
14 certified; repealing s. 446.609, F.S., relating
15 to the Jobs for Florida's Graduates Act;
16 providing effective dates.
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