Amendment
Bill No. 6007

Amendment No. 857413

CHAMBER ACTION
Senate		House
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1	Representative(s) Bendross-Mindingall offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Paragraph (f) is added to subsection (3) of
6	section 20.15, Florida Statutes, to read:
7	20.15  Department of Education.--There is created a
8	Department of Education.
9	(3)  DIVISIONS.--The following divisions of the Department
10	of Education are established:
11	(f)  Division of Accountability, Research, and Measurement.
12	Section 2.  Paragraph (a) of subsection (5) of section
13	1000.01, Florida Statutes, is amended to read:
14	1000.01  The Florida K-20 education system; technical
15	provisions.--
16	(5)  EDUCATION GOVERNANCE TRANSFERS.--
17	(a)  Effective July 1, 2001:
18	1.  The Board of Regents is abolished.
19	2.  All of the powers, duties, functions, records,
20	personnel, and property; unexpended balances of appropriations,
21	allocations, and other funds; administrative authority;
22	administrative rules; pending issues; and existing contracts of
23	the Board of Regents are transferred by a type two transfer,
24	pursuant to s. 20.06(2), to the State Board of Education.
25	3.  The State Board of Community Colleges is abolished.
26	4.  All of the powers, duties, functions, records,
27	personnel, and property; unexpended balances of appropriations,
28	allocations, and other funds; administrative authority;
29	administrative rules; pending issues; and existing contracts of
30	the State Board of Community Colleges are transferred by a type
31	two transfer, pursuant to s. 20.06(2), from the Department of
32	Education to the State Board of Education.
33	5.  The Postsecondary Education Planning Commission is
34	abolished.
35	6.  The Council for Education Policy Research and
36	Improvement is created as an independent office under the Office
37	of Legislative Services.
38	7.  All personnel, unexpended balances of appropriations,
39	and allocations of the Postsecondary Education Planning
40	Commission are transferred to the Council for Education Policy
41	Research and Improvement.
42	6.8.  The Articulation Coordinating Committee and the
43	Education Standards Commission are transferred by a type two
44	transfer, pursuant to s. 20.06(2), from the Department of
45	Education to the State Board of Education.
46	Section 3.  Subsection (1) of section 1001.03, Florida
47	Statutes, is amended to read:
48	1001.03  Specific powers of State Board of Education.--
49	(1)  PUBLIC K-12 STUDENT PERFORMANCE STANDARDS.--The State
50	Board of Education shall approve the student performance
51	standards known as the Sunshine State Standards in key academic
52	subject areas and grade levels. The state board shall
53	periodically review the standards to ensure adequate rigor,
54	logical student progression, and articulation from grade to
55	grade and evaluate the extent to which the standards are being
56	taught at each grade level. The evaluation shall be provided to
57	the Governor, the Speaker of the House of Representatives, and
58	the President of the Senate and shall include a determination of
59	each district school board's provision of a complete education
60	program pursuant to s. 1001.41(3).
61	Section 4.  Paragraph (a) of subsection (2) of section
62	1001.11, Florida Statutes, is amended to read:
63	1001.11  Commissioner of Education; other duties.--
64	(2)(a)  The Commissioner of Education shall recommend to
65	the State Board of Education performance goals addressing the
66	educational needs of the state for the K-20 education system.
67	The Department of Council for Education Policy Research and
68	Improvement, as an independent entity, shall develop a report
69	card assigning grades to indicate Florida's progress toward
70	meeting those goals. The annual report card shall contain
71	information showing Florida's performance relative to other
72	states on selected measures, as well as Florida's ability to
73	meet the need for postsecondary degrees and programs and how
74	well the Legislature has provided resources to meet this need.
75	The information shall include the results of the National
76	Assessment of Educational Progress or a similar national
77	assessment program administered to students in Florida. By
78	January 1 of each year, the department Council for Education
79	Policy Research and Improvement shall submit the report card to
80	the Legislature, the Governor, and the public.
81	Section 5.  Section 1001.215, Florida Statutes, is created
82	to read:
83	1001.215  Just Read, Florida! Office.--There is created in
84	the Department of Education the Just Read, Florida! Office. The
85	office shall:
86	(1)  Train professionally certified teachers to become
87	certified reading coaches.
88	(2)  Create multiple designations of effective reading
89	instruction, with accompanying credentials, that encourage all
90	teachers to integrate reading instruction into their content
91	areas.
92	(3)  Train K-12 teachers, school principals, and parents on
93	research-based reading instruction strategies.
94	(4)  Provide technical assistance to school districts in
95	the development and implementation of district plans for use of
96	the research-based reading instruction allocation provided in s.
97	1011.62(8) and annually review and approve such plans.
98	(5)  Work with the Florida Center for Reading Research to
99	provide information on research-based reading programs.
100	(6)  Periodically review the Sunshine State Standards for
101	reading at all grade levels.
102	(7)  Periodically review teacher certification examinations
103	to ensure that the examinations measure necessary skills in
104	research-based reading instructional strategies.
105	(8)  Work with teacher preparation programs approved
106	pursuant to s. 1004.04 to ensure integration of research-based
107	reading instructional strategies into teacher preparation
108	programs.
109	(9)  Administer grants and perform other functions
110	necessary to assist with meeting the goal that all students read
111	at grade level.
112	Section 6.  Subsection (3) of section 1001.41, Florida
113	Statutes, is amended to read:
114	1001.41  General powers of district school board.--The
115	district school board, after considering recommendations
116	submitted by the district school superintendent, shall exercise
117	the following general powers:
118	(3)  Prescribe and adopt standards and policies to provide
119	each student the opportunity to receive a complete education
120	program, including language arts, mathematics, science, social
121	studies, health, physical education, foreign languages, and the
122	arts as defined by the Sunshine State Standards pursuant to s.
123	1001.03(1) as are considered desirable by it for improving the
124	district school system.
125	Section 7.  Subsection (16), paragraph (d) of subsection
126	(17), and subsection (18) of section 1001.42, Florida Statutes,
127	are amended to read:
128	1001.42  Powers and duties of district school board.--The
129	district school board, acting as a board, shall exercise all
130	powers and perform all duties listed below:
131	(16)  IMPLEMENT SCHOOL IMPROVEMENT AND
132	ACCOUNTABILITY.--Maintain a system of school improvement and
133	education accountability as provided by statute and State Board
134	of Education rule. This system of school improvement and
135	education accountability shall be consistent with, and
136	implemented through, the district's continuing system of
137	planning and budgeting required by this section and ss.
138	1008.385, 1010.01, and 1011.01. This system of school
139	improvement and education accountability shall include, but is
140	not limited to, the following:
141	(a)  School improvement plans.--Annually approve and
142	require implementation of a new, amended, or continuation school
143	improvement plan for each school in the district, except that a
144	district school board may establish a district school
145	improvement plan that includes all schools in the district
146	operating for the purpose of providing educational services to
147	youth in Department of Juvenile Justice programs. Such plan
148	shall be designed to achieve the state education priorities
149	pursuant to s. 1000.03(5) and student performance standards. In
150	addition, any school required to implement a rigorous reading
151	requirement pursuant to s. 1003.415 must include such component
152	in its school improvement plan. Each plan shall also address
153	issues relative to budget, training, instructional materials,
154	technology, staffing, student support services, specific school
155	safety and discipline strategies, student health and fitness,
156	including physical fitness, parental information on student
157	health and fitness, and indoor environmental air quality, and
158	other matters of resource allocation, as determined by district
159	school board policy, and shall be based on an analysis of
160	student achievement and other school performance data.
161	(b)  School improvement plan requirements.--Each district
162	school board's system of school improvement and student
163	progression must be designed to provide frequent and accurate
164	information to the teacher and student regarding each student's
165	progress toward mastering the Sunshine State Standards. The
166	system must demonstrate the alignment of the Sunshine State
167	Standards, instructional strategies, assessment, and
168	professional development. Each school improvement plan must
169	identify the strategies for monitoring the progress of each
170	student. The process used by each school to monitor student
171	progression must, at a minimum, contain the following components
172	that are aimed at increasing student achievement:
173	1.  Disaggregated student achievement data related to
174	student performance which is used to identify each individual
175	student's strengths and weaknesses and to determine the
176	effectiveness of the teaching and learning strategies that are
177	being used in the classroom.
178	2.  The Sunshine State Standards instructional calendar and
179	timeline, using disaggregated student performance data to focus
180	instruction on the Sunshine State Standards, manage
181	instructional time, and allocate resources.
182	3.  Prioritized instructional focus to facilitate explicit
183	and systematic instruction using research-based effective
184	practices in the classroom.
185	4.  Mini-assessments of targeted Sunshine State Standards
186	benchmarks to monitor student progress and generate data to
187	redesign instruction, if needed.
188	5.  Alternative in-school, tutorial, remediation, or
189	enrichment strategies for students which are based on each
190	student's individual academic needs as defined by the mini-
191	assessments.
192	6.  Systematic monitoring of each teacher's implementation
193	of the comprehensive program for student progression as
194	described in subparagraphs 1.-5.
195	(c)(b)  Approval process.--Develop a process for approval
196	of a school improvement plan presented by an individual school
197	and its advisory council. In the event a district school board
198	does not approve a school improvement plan after exhausting this
199	process, the Department of Education shall be notified of the
200	need for assistance.
201	(d)(c)  Assistance and intervention.--
202	1.  Develop a 2-year plan of increasing individualized
203	assistance and intervention for each school in danger of not
204	meeting state standards or making adequate progress, as defined
205	pursuant to statute and State Board of Education rule, toward
206	meeting the goals and standards of its approved school
207	improvement plan.
208	2.  Provide assistance and intervention to a school that is
209	designated with a identified as being in performance grade of
210	category "D" pursuant to s. 1008.34 and is in danger of failing.
211	3.  Develop a plan to encourage teachers with demonstrated
212	mastery in improving student performance to remain at or
213	transfer to a school designated with a as performance grade of
214	category "D" or "F" or to an alternative school that serves
215	disruptive or violent youths. If a classroom teacher, as defined
216	by s. 1012.01(2)(a), who meets the definition of teaching
217	mastery developed according to the provisions of this paragraph,
218	requests assignment to a school designated with a as performance
219	grade of category "D" or "F" or to an alternative school that
220	serves disruptive or violent youths, the district school board
221	shall make every practical effort to grant the request.
222	4.  Prioritize, to the extent possible, the expenditures of
223	funds received from the supplemental academic instruction
224	categorical fund under s. 1011.62(1)(f) to improve student
225	performance in schools that receive a performance grade category
226	designation of "D" or "F."
227	(e)(d)  After 2 years.--Notify the Commissioner of
228	Education and the State Board of Education in the event any
229	school does not make adequate progress toward meeting the goals
230	and standards of a school improvement plan by the end of 2 years
231	of failing to make adequate progress and proceed according to
232	guidelines developed pursuant to statute and State Board of
233	Education rule. School districts shall provide intervention and
234	assistance to schools in danger of being designated with a as
235	performance grade of category "F," failing to make adequate
236	progress.
237	(f)(e)  Public disclosure.--Provide information regarding
238	performance of students and educational programs as required
239	pursuant to ss. 1008.22 and 1008.385 and implement a system of
240	school reports as required by statute and State Board of
241	Education rule that shall include schools operating for the
242	purpose of providing educational services to youth in Department
243	of Juvenile Justice programs, and for those schools, report on
244	the elements specified in s. 1003.52(19). Annual public
245	disclosure reports shall be in an easy-to-read report card
246	format and shall include the school's student and school
247	performance grade category designation and performance data as
248	specified in state board rule.
249	(g)(f)  School improvement funds.--Provide funds to schools
250	for developing and implementing school improvement plans. Such
251	funds shall include those funds appropriated for the purpose of
252	school improvement pursuant to s. 24.121(5)(c).
253	(17)  LOCAL-LEVEL DECISIONMAKING.--
254	(d)  Adopt policies that assist in giving greater autonomy,
255	including authority over the allocation of the school's budget,
256	to schools designated with a as performance grade of category
257	"A," making excellent progress, and schools rated as having
258	improved at least two grades performance grade categories.
259	(18)  OPPORTUNITY SCHOLARSHIPS.--Adopt policies allowing
260	students attending schools that have been designated with a as
261	performance grade of category "F," failing to make adequate
262	progress, for 2 school years in a 4-year period to attend a
263	higher performing school in the district or an adjoining
264	district or be granted a state opportunity scholarship to a
265	private school, in conformance with s. 1002.38 and State Board
266	of Education rule.
267	Section 8.  Paragraph (d) of subsection (3) and paragraphs
268	(a) and (b) of subsection (6) of section 1002.20, Florida
269	Statutes, are amended to read:
270	1002.20  K-12 student and parent rights.--Parents of public
271	school students must receive accurate and timely information
272	regarding their child's academic progress and must be informed
273	of ways they can help their child to succeed in school. K-12
274	students and their parents are afforded numerous statutory
275	rights including, but not limited to, the following:
276	(3)  HEALTH ISSUES.--
277	(d)  Reproductive health and disease education.--A public
278	school student whose parent makes written request to the school
279	principal shall be exempted from the teaching of reproductive
280	health or any disease, including HIV/AIDS, in accordance with
281	the provisions of s. 1003.42(4)(3).
282	(6)  EDUCATIONAL CHOICE.--
283	(a)  Public school choices.--Parents of public school
284	students may seek whatever public school choice options that are
285	applicable to their students and are available to students in
286	their school districts. These options may include controlled
287	open enrollment, lab schools, charter schools, charter technical
288	career centers, magnet schools, alternative schools, special
289	programs, advanced placement, dual enrollment, International
290	Baccalaureate, early admissions, credit by examination or
291	demonstration of competency, the New World School of the Arts,
292	the Florida School for the Deaf and the Blind, and the Florida
293	Virtual School. These options may also include the public school
294	choice options of the Opportunity Scholarship Program, and the
295	McKay Scholarships for Students with Disabilities Program, and
296	the Reading Compact Scholarship Program.
297	(b)  Private school choices.--Parents of public school
298	students may seek private school choice options under certain
299	programs.
300	1.  Under the Opportunity Scholarship Program, the parent
301	of a student in a failing public school may request and receive
302	an opportunity scholarship for the student to attend a private
303	school in accordance with the provisions of s. 1002.38.
304	2.  Under the McKay Scholarships for Students with
305	Disabilities Program, the parent of a public school student with
306	a disability who is dissatisfied with the student's progress may
307	request and receive a McKay Scholarship for the student to
308	attend a private school in accordance with the provisions of s.
309	1002.39.
310	3.  Under the corporate income tax credit scholarship
311	program, the parent of a student who qualifies for free or
312	reduced-price school lunch may seek a scholarship from an
313	eligible nonprofit scholarship-funding organization in
314	accordance with the provisions of s. 220.187.
315	4.  Under the Reading Compact Scholarship Program, the
316	parent of a student with reading deficiencies may request and
317	receive a Reading Compact Scholarship for the student to attend
318	a private school in accordance with the provisions of s.
319	1002.385.
320	Section 9.  Subsection (2) and paragraphs (a) and (b) of
321	subsection (3) of section 1002.38, Florida Statutes, are amended
322	to read:
323	1002.38  Opportunity Scholarship Program.--
324	(2)  OPPORTUNITY SCHOLARSHIP ELIGIBILITY.--A public school
325	student's parent may request and receive from the state an
326	opportunity scholarship for the student to enroll in and attend
327	a private school in accordance with the provisions of this
328	section if:
329	(a)1.  By assigned school attendance area or by special
330	assignment, the student has spent the prior school year in
331	attendance at a public school that has been designated pursuant
332	to s. 1008.34 with a as performance grade of category "F,"
333	failing to make adequate progress, and that has had 2 school
334	years in a 4-year period of such low performance, and the
335	student's attendance occurred during a school year in which such
336	designation was in effect;
337	2.  The student has been in attendance elsewhere in the
338	public school system and has been assigned to such school for
339	the next school year; or
340	3.  The student is entering kindergarten or first grade and
341	has been notified that the student has been assigned to such
342	school for the next school year.
343	(b)  The parent has obtained acceptance for admission of
344	the student to a private school eligible for the program
345	pursuant to subsection (4), and has notified the Department of
346	Education and the school district of the request for an
347	opportunity scholarship no later than August July 1 of the first
348	year in which the student intends to use the scholarship.
349
350	The provisions of this section shall not apply to a student who
351	is enrolled in a school operating for the purpose of providing
352	educational services to youth in Department of Juvenile Justice
353	commitment programs. For purposes of continuity of educational
354	choice, the opportunity scholarship shall remain in force until
355	the student returns to a public school or, if the student
356	chooses to attend a private school the highest grade of which is
357	grade 8, until the student matriculates to high school and the
358	public high school to which the student is assigned is an
359	accredited school with a performance grade category designation
360	of "C" or better. However, at any time upon reasonable notice to
361	the Department of Education and the school district, the
362	student's parent may remove the student from the private school
363	and place the student in a public school, as provided in
364	subparagraph (3)(a)2.
365	(3)  SCHOOL DISTRICT OBLIGATIONS.--
366	(a)  A school district shall, for each student enrolled in
367	or assigned to a school that has been designated with a as
368	performance grade of category "F" for 2 school years in a 4-year
369	period:
370	1.  Timely notify the parent of the student as soon as such
371	designation is made of all options available pursuant to this
372	section.
373	2.  Offer that student's parent an opportunity to enroll
374	the student in the public school within the district that has
375	been designated by the state pursuant to s. 1008.34 as a school
376	performing higher than that in which the student is currently
377	enrolled or to which the student has been assigned, but not less
378	than performance grade category "C." The parent is not required
379	to accept this offer in lieu of requesting a state opportunity
380	scholarship to a private school. The opportunity to continue
381	attending the higher performing public school shall remain in
382	force until the student graduates from high school.
383	(b)  The parent of a student enrolled in or assigned to a
384	school that has been designated with a performance grade of
385	category "F" for 2 school years in a 4-year period may choose as
386	an alternative to enroll the student in and transport the
387	student to a higher-performing public school that has available
388	space in an adjacent school district, and that school district
389	shall accept the student and report the student for purposes of
390	the district's funding pursuant to the Florida Education Finance
391	Program.
392	Section 10.  Section 1002.421, Florida Statutes, is created
393	to read:
394	1002.421  Rights and obligations of private schools
395	participating in state school choice scholarship
396	programs.--Requirements of this section are in addition to
397	private school requirements outlined in s. 1002.42, specific
398	requirements identified within respective scholarship program
399	laws, and other provisions of Florida law that apply to private
400	schools.
401	(1)  A Florida private school participating in the
402	corporate income tax credit scholarship program established
403	pursuant to s. 220.187 or an educational scholarship program
404	established pursuant to this chapter must comply with all
405	requirements of this section.
406	(2)  A private school participating in a scholarship
407	program must be a Florida private school as defined in s.
408	1002.01(2) and must:
409	(a)  Be a registered Florida private school in accordance
410	with s. 1002.42.
411	(b)  Comply with antidiscrimination provisions of 42 U.S.C.
412	s. 2000d.
413	(c)  Notify the department of its intent to participate in
414	a scholarship program.
415	(d)  Notify the department of any change in the school's
416	name, school director, mailing address, or physical location
417	within 15 days after the change.
418	(e)  Complete student enrollment and attendance
419	verification requirements, including use of an online attendance
420	verification form, prior to scholarship payment.
421	(f)  Annually complete and submit to the department a
422	notarized scholarship compliance statement certifying compliance
423	with state laws relating to private school participation in the
424	scholarship program.
425	(g)  Demonstrate fiscal soundness and accountability by:
426	1.  Being in operation for at least 3 school years or
427	obtaining a surety bond or letter of credit for the amount equal
428	to the scholarship funds for any quarter and filing the surety
429	bond or letter of credit with the department.
430	2.  Requiring the parent of each scholarship student to
431	personally restrictively endorse the scholarship warrant to the
432	school. The school may not act as attorney in fact for the
433	parent of a scholarship student under the authority of a power
434	of attorney executed by such parent, or under any other
435	authority, to endorse scholarship warrants on behalf of such
436	parent.
437	(h)  Meet applicable state and local health, safety, and
438	welfare laws, codes, and rules, including:
439	1.  Fire safety.
440	2.  Building safety.
441	(i)  Employ or contract with teachers who hold
442	baccalaureate or higher degrees, have at least 3 years of
443	teaching experience in public or private schools, or have
444	special skills, knowledge, or expertise that qualifies them to
445	provide instruction in subjects taught.
446	(j)  Require each individual with direct student contact
447	with a scholarship student to be of good moral character, to be
448	subject to the level 1 background screening as provided under
449	chapter 435, to be denied employment or terminated if required
450	under s. 435.06, and not to be ineligible to teach in a public
451	school because his or her educator certificate is suspended or
452	revoked. For purposes of this paragraph:
453	1.  An "individual with direct student contact" means any
454	individual who has unsupervised access to a scholarship student
455	for whom the private school is responsible.
456	2.  The costs of fingerprinting and the background check
457	shall not be borne by the state.
458	3.  Continued employment of an individual after
459	notification that the individual has failed the level 1
460	background screening shall cause a private school to be
461	ineligible for participation in a scholarship program.
462	4.  An individual holding a valid Florida teaching
463	certificate who has been fingerprinted pursuant to s. 1012.32
464	shall not be required to comply with the provisions of this
465	paragraph.
466	(3)  The inability of a private school to meet the
467	requirements of this section shall constitute a basis for the
468	ineligibility of the private school to participate in a
469	scholarship program as determined by the department.
470	(4)(a)  The State Board of Education shall adopt rules
471	pursuant to ss. 120.536(1) and 120.54 to administer this
472	section.
473	(b)  The inclusion of eligible private schools within
474	options available to Florida public school students does not
475	expand the regulatory authority of the state, its officers, or
476	any school district to impose any additional regulation of
477	private schools beyond those reasonably necessary to enforce
478	requirements expressly set forth in this section.
479	Section 11.  Paragraph (b) of subsection (3) of section
480	1003.01, Florida Statutes, is amended to read:
481	1003.01  Definitions.--As used in this chapter, the term:
482	(3)
483	(b)  "Special education services" means specially designed
484	instruction and such related services as are necessary for an
485	exceptional student to benefit from education. Such services may
486	include: transportation; diagnostic and evaluation services;
487	social services; physical and occupational therapy; speech and
488	language pathology services; job placement; orientation and
489	mobility training; braillists, typists, and readers for the
490	blind; interpreters and auditory amplification; rehabilitation
491	counseling; transition services; mental health services;
492	guidance and career counseling; specified materials, assistive
493	technology devices, and other specialized equipment; and other
494	such services as approved by rules of the state board.
495	Section 12.  Paragraph (b) of subsection (2) of section
496	1003.03, Florida Statutes, is amended to read:
497	1003.03  Maximum class size.--
498	(2)  IMPLEMENTATION.--
499	(b)  Determination of the number of students per classroom
500	in paragraph (a) shall be calculated as follows:
501	1.  For fiscal years 2003-2004 through 2006-2007 2005-2006,
502	the calculation for compliance for each of the 3 grade groupings
503	shall be the average at the district level.
504	2.  For fiscal year years 2006-2007 through 2007-2008, the
505	calculation for compliance for each of the 3 grade groupings
506	shall be the average at the school level.
507	3.  For fiscal years 2008-2009, 2009-2010, and thereafter,
508	the calculation for compliance shall be at the individual
509	classroom level.
510	Section 13.  Section 1003.035, Florida Statutes, is created
511	to read:
512	1003.035  District average class size requirements.--
513	(1)  CONSTITUTIONAL CLASS SIZE REQUIREMENTS.--Pursuant to
514	s. 1, Art. IX of the State Constitution, beginning in the
515	2007-2008 school year:
516	(a)  The district average number of students assigned to
517	each teacher who is teaching core-curricula courses in public
518	school classrooms for prekindergarten through grade 3 may not
519	exceed 18 students.
520	(b)  The district average number of students assigned to
521	each teacher who is teaching core-curricula courses in public
522	school classrooms for grades 4 through 8 may not exceed 22
523	students.
524	(c)  The district average number of students assigned to
525	each teacher who is teaching core-curricula courses in public
526	school classrooms for grades 9 through 12 may not exceed 25
527	students.
528
529	However, in no event shall any such classroom exceed five
530	students over the district average allowable maximum.
531	(2)  IMPLEMENTATION.--
532	(a)  Beginning with the 2006-2007 fiscal year, each school
533	district that is not in compliance with the requirements in
534	subsection (1) shall reduce the district average class size in
535	each of the following grade groupings: prekindergarten through
536	grade 3, grade 4 through grade 8, and grade 9 through grade 12,
537	by at least two students each year until the district average
538	class size does not exceed the requirements in subsection (1).
539	(b)  The Department of Education shall annually calculate
540	each school district's average class size for each of the grade
541	groupings specified in paragraph (a) based upon the October
542	student membership survey.
543	(3)  IMPLEMENTATION OPTIONS.--District school boards must
544	consider, but are not limited to, implementing the following
545	items in order to meet the constitutional district average class
546	size requirements described in subsection (1) and the two-
547	student-per-year reduction required in subsection (2):
548	(a)  Adopt policies to encourage qualified students to take
549	dual enrollment courses.
550	(b)  Adopt policies to encourage students to take courses
551	from the Florida Virtual School.
552	(c)1.  Repeal district school board policies that require
553	students to have more than 24 credits to graduate from high
554	school.
555	2.  Adopt policies to allow students to graduate from high
556	school as soon as they pass the grade 10 FCAT and complete the
557	courses required for high school graduation.
558	(d)  Use methods to maximize use of instructional staff,
559	such as changing required teaching loads and scheduling of
560	planning periods, deploying district employees that have
561	professional certification to the classroom, using adjunct
562	educators, or any other method not prohibited by law.
563	(e)  Use innovative methods to reduce the cost of school
564	construction by using prototype school designs, using SMART
565	Schools designs, participating in the School Infrastructure
566	Thrift Program, or any other method not prohibited by law.
567	(f)  Use joint-use facilities through partnerships with
568	community colleges, state universities, and private colleges and
569	universities. Joint-use facilities available for use as K-12
570	classrooms that do not meet the K-12 State Regulations for
571	Educational Facilities in the Florida Building Code may be used
572	at the discretion of the district school board provided that
573	such facilities meet all other health, life, safety, and fire
574	codes.
575	(g)  Adopt alternative methods of class scheduling, such as
576	block scheduling.
577	(h)  Redraw school attendance zones to maximize use of
578	facilities while minimizing the additional use of
579	transportation.
580	(i)  Operate schools beyond the normal operating hours to
581	provide classes in the evening or operate more than one session
582	of school during the day.
583	(j)  Use year-round schools and other nontraditional
584	calendars that do not adversely impact annual assessment of
585	student achievement.
586	(k)  Review and consider amending any collective bargaining
587	contracts that hinder the implementation of class size
588	reduction.
589	(l)  Use any other approach not prohibited by law.
590	(4)  ACCOUNTABILITY.--
591	(a)  If the department determines for any year that a
592	school district has not reduced average class size as required
593	in subsection (2) at the time of the third FEFP calculation, the
594	department shall calculate an amount from the class size
595	reduction operating categorical which is proportionate to the
596	amount of class size reduction not accomplished. Upon
597	verification of the department's calculation by the Florida
598	Education Finance Program Appropriation Allocation Conference,
599	the Executive Office of the Governor shall transfer
600	undistributed funds equivalent to the calculated amount from the
601	district's class size reduction operating categorical to an
602	approved fixed capital outlay appropriation for class size
603	reduction in the affected district pursuant to s. 216.292(13).
604	The amount of funds transferred shall be the lesser of the
605	amount verified by the Florida Education Finance Program
606	Appropriation Allocation Conference or the undistributed balance
607	of the district's class size reduction operating categorical.
608	However, based upon a recommendation by the Commissioner of
609	Education that the State Board of Education has reviewed
610	evidence indicating that a district has been unable to meet
611	class size reduction requirements despite appropriate effort to
612	do so, the Legislative Budget Commission may approve an
613	alternative amount of funds to be transferred from the
614	district's class size reduction operating categorical to its
615	approved fixed capital outlay account for class size reduction.
616	(b)  Beginning in the 2007-2008 school year, the department
617	shall determine by January 15 of each year which districts do
618	not meet the requirements of subsection (1) based upon the
619	district's October student membership survey for the current
620	school year. The department shall report such districts to the
621	Legislature. Each district that has not met the requirements of
622	subsection (1) shall be required to implement one of the
623	following policies in the subsequent school year unless the
624	department finds that the district comes into compliance based
625	upon the February student membership survey:
626	1.  Year-round schools;
627	2.  Double sessions;
628	3.  Rezoning; or
629	4.  Maximizing use of instructional staff by changing
630	required teacher loads and scheduling of planning periods,
631	deploying school district employees who have professional
632	certification to the classroom, using adjunct educators,
633	operating schools beyond the normal operating hours to provide
634	classes in the evening, or operating more than one session
635	during the day.
636
637	A school district that is required to implement one of the
638	policies outlined in subparagraphs 1. through 4. shall correct
639	in the year of implementation any past deficiencies and bring
640	the district into compliance with the requirements of subsection
641	(1). A school district may choose to implement more than one of
642	these policies. The district school superintendent shall report
643	to the Commissioner of Education the extent to which the
644	district implemented any of the policies outlined in
645	subparagraphs 1. through 4. in a format to be specified by the
646	Commissioner of Education. The Department of Education shall use
647	the enforcement authority provided in s. 1008.32 to ensure that
648	districts comply with the provisions of this paragraph.
649	(c)  Beginning in the 2008-2009 school year, the department
650	shall annually determine which districts do not meet the
651	requirements described in subsection (1) based upon the October
652	student membership survey. In addition to enforcement authority
653	provided in s. 1008.32, the Department of Education shall
654	develop a constitutional compliance plan for each such district
655	which includes, but is not limited to, redrawing school
656	attendance zones to maximize use of facilities while minimizing
657	the additional use of transportation and the other
658	accountability policies listed in paragraph (b). Each district
659	school board shall implement the constitutional compliance plan
660	developed by the state board in the subsequent school year until
661	the district complies with the constitutional district average
662	class size requirements.
663	Section 14.  Subsection (3) of section 1003.05, Florida
664	Statutes, is amended to read:
665	1003.05  Assistance to transitioning students from military
666	families.--
667	(3)  Dependent children of active duty military personnel
668	who otherwise meet the eligibility criteria for special academic
669	programs offered through public schools shall be given first
670	preference for admission to such programs even if the program is
671	being offered through a public school other than the school to
672	which the student would generally be assigned and the school at
673	which the program is being offered has reached its maximum
674	enrollment. If such a program is offered through a public school
675	other than the school to which the student would generally be
676	assigned, the parent or guardian of the student must assume
677	responsibility for transporting the student to that school. For
678	purposes of this subsection, special academic programs include
679	charter schools, magnet schools, advanced studies programs,
680	advanced placement, dual enrollment, and International
681	Baccalaureate.
682	Section 15.  Section 1003.413, Florida Statutes, is created
683	to read:
684	1003.413  High school reform.--
685	(1)  Beginning with the 2005-2006 school year, each school
686	district shall establish policies to assist high school students
687	to remain in school, graduate on time, and be prepared for
688	postsecondary education and the workforce. Such policies must
689	address:
690	(a)  Intensive reading remediation for students in grades 9
691	through 12 scoring below Level 3 on FCAT Reading, pursuant to
692	the reading instruction plan required by s. 1011.62(8).
693	(b)  Credit recovery options and course scheduling designed
694	to allow high school students to earn credit for failed courses
695	so that they are able to graduate on time.
696	(c)  Immediate and frequent notification to parents of
697	students who are in danger of not graduating from high school.
698	(d)  Placement in alternative programs, such as programs
699	that emphasize applied integrated curricula, small learning
700	communities, support services, increased discipline, or other
701	strategies documented to improve student achievement.
702	(e)  Summer reading institutes for rising ninth graders
703	scoring below Level 3 on FCAT Reading, pursuant to the reading
704	instruction plan required by s. 1011.62(8).
705
706	A student's participation in an instructional or remediation
707	program prior to or immediately following entering grade 9 for
708	the first time shall not affect that student's classification as
709	a first-time ninth grader for reporting purposes, including
710	calculation of graduation and dropout rates.
711	(2)  The Commissioner of Education shall create and
712	implement the Challenge High School Recognition Program to
713	reward public high schools that demonstrate continuous academic
714	improvement and show the greatest gains in student academic
715	achievement in reading and mathematics.
716	Section 16.  High School Reform Task Force.--
717	(1)  There is created the High School Reform Task Force.
718	The task force shall work in conjunction with the Southern
719	Regional Education Board and the International Center for
720	Leadership in Education and shall be administratively supported
721	by the office of the Chancellor for K-12 Public Schools in the
722	Department of Education and the Just Read, Florida! Office.
723	Appointments to the task force shall be coordinated to ensure
724	that the membership reflects the geographic and cultural
725	diversity of Florida's school age population. The task force
726	shall be abolished upon submission of its recommendations.
727	(2)(a)  The Governor shall appoint members of the task
728	force from the following categories and shall appoint the chair
729	of the task force from its membership:
730	1.  Two representatives of public school districts, who may
731	be principals, district school board members, or school
732	superintendents, at least one of whom works in or with a school
733	with a school grade of "F."
734	2.  One high school teacher who teaches in a high school
735	with a school grade of "F."
736	3.  Two parents of high school students scoring at Level 1
737	on FCAT Reading, at least one whom has a child enrolled in a
738	school with a school grade of "F."
739	4.  One high school student.
740	5.  One teacher or administrator from a charter high
741	school.
742	6.  Two private school teachers or administrators from any
743	registered Florida private school with students in grades 9-12
744	regardless of whether the school is nonsectarian, sectarian, not
745	for profit, or for profit.
746	7.  One representative of the business community.
747	(b)  The Speaker of the House of Representatives shall
748	appoint one member of the House of Representatives to serve on
749	the task force and the President of the Senate shall appoint one
750	member of the Senate to serve on the task force.
751	(3)  Not later than January 1, 2006, the task force shall
752	vote to recommend to the Speaker of the House of
753	Representatives, the President of the Senate, and the Governor a
754	long-term plan for revisions to statutes, rules, and policies
755	that will improve Florida's grade 9 retention rate, graduation
756	rate, dropout rate, and college remediation rate and align high
757	school requirements with the needs of Florida's employers and
758	postsecondary educational institution requirements. The plan
759	must be programmatically and fiscally responsible, feasible, and
760	implementable. The plan must address, but is not limited to
761	addressing: graduation requirements; effective use of
762	accelerated high school graduation options pursuant to s.
763	1003.429; course redesign; remediation strategies; credit
764	recovery; use of alternative programs, including programs that
765	emphasize applied integrated curricula, small learning
766	communities, support services, or increased discipline; use of
767	technology; adjustments to the school grading system to reflect
768	learning gains by high school students; middle school systemic
769	alignment; transition from middle school to high school;
770	alignment with postsecondary and workforce education
771	requirements; and alignment with employer expectations.
772	Section 17.  Section 1003.415, Florida Statutes, is amended
773	to read:
774	1003.415  The Middle Grades Reform Act.--
775	(1)  POPULAR NAME.--This section shall be known by the
776	popular name the "Middle Grades Reform Act."
777	(2)  PURPOSE AND INTENT.--
778	(a)  The purpose of this section is to provide added focus
779	and rigor to academics in the middle grades. Using reading as
780	the foundation, all middle grade students should receive
781	rigorous academic instruction through challenging curricula
782	delivered by highly qualified teachers in schools with
783	outstanding leadership, which schools are supported by engaged
784	and informed parents.
785	(b)  It is the intent of the Legislature that students
786	promoted from the eighth grade will have the necessary reading
787	and mathematics skills to be ready for success in high school.
788	The mission of middle grades is to prepare students to graduate
789	from high school.
790	(3)  DEFINITION.--As used in this section, the term "middle
791	grades" means grades 6, 7, and 8.
792	(4)  CURRICULA AND COURSES.--The Department of Education
793	shall review course offerings, teacher qualifications,
794	instructional materials, and teaching practices used in reading
795	and language arts programs in the middle grades. The department
796	must consult with the Florida Center for Reading Research at
797	Florida State University, the Just Read, Florida! Office,
798	reading researchers, reading specialists, and district
799	supervisors of curriculum in the development of findings and
800	recommendations. The Commissioner of Education shall make
801	recommendations to the State Board of Education regarding
802	changes to reading and language arts curricula in the middle
803	grades based on research-based proven effective programs. The
804	State Board of Education shall adopt rules based upon the
805	commissioner's recommendations no later than March 1, 2005.
806	Implementation of new or revised reading and language arts
807	courses in all middle grades shall be phased in beginning no
808	later than the 2005-2006 school year with completion no later
809	than the 2008-2009 school year.
810	(5)  RIGOROUS READING REQUIREMENT.--
811	(a)  Beginning with the 2004-2005 school year, each public
812	school serving middle grade students, including charter schools,
813	with fewer than 75 percent of its students reading at or above
814	grade level in grade 6, grade 7, or grade 8 as measured by a
815	student scoring at Level 3 or above on the FCAT during the prior
816	school year, must incorporate by October 1 a rigorous reading
817	requirement for reading and language arts programs as the
818	primary component of its school improvement plan. The department
819	shall annually provide to each district school board by June 30
820	a list of its schools that are required to incorporate a
821	rigorous reading requirement as the primary component of the
822	school's improvement plan. The department shall provide
823	technical assistance to school districts and school
824	administrators required to implement the rigorous reading
825	requirement.
826	(b)  The purpose of the rigorous reading requirement is to
827	assist each student who is not reading at or above grade level
828	to do so before entering high school. The rigorous reading
829	requirement must include for a middle school's low-performing
830	student population specific areas that address phonemic
831	awareness, phonics, fluency, comprehension, and vocabulary; the
832	desired levels of performance in those areas; and the
833	instructional and support services to be provided to meet the
834	desired levels of performance. The school shall use research-
835	based reading activities that have been shown to be successful
836	in teaching reading to low-performing students.
837	(c)  Schools required to implement the rigorous reading
838	requirement must provide quarterly reports to the district
839	school superintendent on the progress of students toward
840	increased reading achievement.
841	(d)  The results of implementation of a school's rigorous
842	reading requirement shall be used as part of the annual
843	evaluation of the school's instructional personnel and school
844	administrators as required in s. 1012.34.
845	(6)  COMPREHENSIVE REFORM STUDY ON THE ACADEMIC PERFORMANCE
846	OF STUDENTS AND SCHOOLS.--
847	(a)  The department shall conduct a study on how the
848	overall academic performance of middle grade students and
849	schools can be improved. The department must consult with the
850	Florida Center for Reading Research at Florida State University,
851	the Just Read, Florida! Office, and key education stakeholders,
852	including district school board members, district school
853	superintendents, principals, parents, teachers, district
854	supervisors of curriculum, and students across the state, in the
855	development of its findings and recommendations. The department
856	shall review, at a minimum, each of the following elements:
857	1.  Academic expectations, which include, but are not
858	limited to:
859	a.  Alignment of middle school expectations with elementary
860	and high school graduation requirements.
861	b.  Best practices to improve reading and language arts
862	courses based on research-based programs for middle school
863	students in alignment with the Sunshine State Standards.
864	c.  Strategies that focus on improving academic success for
865	low-performing students.
866	d.  Rigor of curricula and courses.
867	e.  Instructional materials.
868	f.  Course enrollment by middle school students.
869	g.  Student support services.
870	h.  Measurement and reporting of student achievement.
871	2.  Attendance policies and student mobility issues.
872	3.  Teacher quality, which includes, but is not limited to:
873	a.  Preparedness of teachers to teach rigorous courses to
874	middle school students.
875	b.  Teacher evaluations.
876	c.  Substitute teachers.
877	d.  Certification and recertification requirements.
878	e.  Staff development requirements.
879	f.  Availability of effective staff development training.
880	g.  Teacher recruitment and vacancy issues.
881	h.  Federal requirements for highly qualified teachers
882	pursuant to the No Child Left Behind Act of 2001.
883	4.  Identification and availability of diagnostic testing.
884	5.  Availability of personnel and scheduling issues.
885	6.  Middle school leadership and performance.
886	7.  Parental and community involvement.
887	(b)  By December 1, 2004, the Commissioner of Education
888	shall submit to the President of the Senate, the Speaker of the
889	House of Representatives, the chairs of the education committees
890	in the Senate and the House of Representatives, and the State
891	Board of Education recommendations to increase the academic
892	performance of middle grade students and schools.
893	(5)(7)  PERSONALIZED MIDDLE SCHOOL SUCCESS PLAN.--
894	(a)  Beginning with the 2004-2005 school year, Each
895	principal of a school with a middle grade shall designate
896	certified staff members at the school to develop and administer
897	a personalized middle school success plan for each entering
898	sixth grade student who scored below Level 3 in reading on the
899	most recently administered FCAT. The purpose of the success plan
900	is to assist the student in meeting state and school district
901	expectations in academic proficiency and to prepare the student
902	for a rigorous high school curriculum. The success plan shall be
903	developed in collaboration with the student and his or her
904	parent and must be implemented until the student completes the
905	eighth grade or achieves a score at Level 3 or above in reading
906	on the FCAT, whichever occurs first. The success plan must
907	minimize paperwork and may be incorporated into a parent/teacher
908	conference, included as part of a progress report or report
909	card, included as part of a general orientation at the beginning
910	of the school year, or provided by electronic mail or other
911	written correspondence.
912	(b)  The personalized middle school success plan must:
913	1.  Identify educational goals and intermediate benchmarks
914	for the student in the core curriculum areas which will prepare
915	the student for high school.
916	2.  Be based upon academic performance data and an
917	identification of the student's strengths and weaknesses.
918	3.  Include academic intervention strategies with frequent
919	progress monitoring.
920	4.  Provide innovative methods to promote the student's
921	advancement which may include, but not be limited to, flexible
922	scheduling, tutoring, focus on core curricula, online
923	instruction, an alternative learning environment, or other
924	interventions that have been shown to accelerate the learning
925	process.
926	(c)  The personalized middle school success plan must be
927	incorporated into any individual student plan required by
928	federal or state law, including the academic improvement plan
929	required in s. 1008.25, an individual education plan (IEP) for a
930	student with disabilities, a federal 504 plan, or an ESOL plan.
931	(d)  The Department of Education shall provide technical
932	assistance for districts, school administrators, and
933	instructional personnel regarding the development of
934	personalized middle school success plans. The assistance shall
935	include strategies and techniques designed to maximize
936	interaction between students, parents, teachers, and other
937	instructional and administrative staff while minimizing
938	paperwork.
939	(6)(8)  STATE BOARD OF EDUCATION AUTHORITY.--
940	(a)  The State Board of Education shall have authority to
941	adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
942	the provisions of this section.
943	(b)  The State Board of Education shall have authority
944	pursuant to s. 1008.32 to enforce the provisions of this
945	section.
946	Section 18.  Section 1003.4155, Florida Statutes, is
947	created to read:
948	1003.4155  Middle school grading system.--The grading
949	system and interpretation of letter grades used in grades 6
950	through 8 shall be as follows:
951	(1)  Grade "A" equals 90 percent through 100 percent, has a
952	grade point average value of 4, and is defined as "outstanding
953	progress."
954	(2)  Grade "B" equals 80 percent through 89 percent, has a
955	grade point average value of 3, and is defined as "above average
956	progress."
957	(3)  Grade "C" equals 70 percent through 79 percent, has a
958	grade point average value of 2, and is defined as "average
959	progress."
960	(4)  Grade "D" equals 60 percent through 69 percent, has a
961	grade point average value of 1, and is defined as "lowest
962	acceptable progress."
963	(5)  Grade "F" equals zero percent through 59 percent, has
964	a grade point average value of zero, and is defined as
965	"failure."
966	(6)  Grade "I" equals zero percent, has a grade point
967	average value of zero, and is defined as "incomplete."
968	Section 19.  Section 1003.4156, Florida Statutes, is
969	created to read:
970	1003.4156  General requirements for middle school
971	promotion.--
972	(1)  Beginning with students entering grade 6 in the 2005-
973	2006 school year, promotion from a middle school with grades 6
974	through 8 requires that:
975	(a)  A student must successfully complete 12 academic
976	credits as follows:
977	1.  Three middle school or higher credits in
978	English/language arts.
979	2.  Three middle school or higher credits in mathematics.
980	3.  Two middle school or higher credits in social studies.
981	4.  Two middle school or higher credits in science.
982	5.  Two middle school or higher credits in elective
983	courses.
984	(b)  For each year in which a student scores at Level 1 or
985	Level 2 on FCAT Reading, the student must the following year be
986	enrolled in and complete a full-year intensive reading course
987	for which the student may earn up to one elective credit per
988	year. Students scoring at Level 3 or Level 4 on FCAT Reading may
989	be enrolled, with parental permission, in a full-year intensive
990	reading course for which the student may earn up to two elective
991	credits during middle school. Reading courses shall be designed
992	and offered pursuant to the reading instruction plan required by
993	s. 1011.62(8).
994	(2)  One full credit means a minimum of 135 hours of
995	instruction in a designated course of study that contains
996	student performance standards. For schools authorized by the
997	district school board to implement block scheduling, one full
998	credit means a minimum of 120 hours of instruction in a
999	designated course of study that contains student performance
1000	standards.
1001	(3)  District school boards shall establish policies to
1002	implement the requirements of this section. The policies may
1003	allow alternative methods for students to earn the credits
1004	required by this section. School districts shall emphasize
1005	alternative programs for students scoring at Level 1 on FCAT
1006	Reading who have been retained in elementary school. The
1007	alternatives may include, but are not limited to, opportunities
1008	for students to:
1009	(a)  Recover credits.
1010	(b)  Be promoted on time to high school.
1011	(c)  Be placed in programs that emphasize applied
1012	integrated curricula, small learning communities, support
1013	services, increased discipline, or other strategies documented
1014	to improve student achievement.
1015
1016	The school district's policy shall be submitted to the State
1017	Board of Education for approval. The school district's policy
1018	shall be automatically approved unless specifically rejected by
1019	the State Board of Education within 60 days after receipt.
1020	(4)  The State Board of Education shall adopt rules
1021	pursuant to ss. 120.536(1) and 120.54 to provide for alternative
1022	middle school promotion standards for students in grade 6, grade
1023	7, or grade 8, including students who are not enrolled in
1024	schools with a grade 6 through 8 middle school configuration.
1025	Section 20.  Subsection (2) of section 1003.42, Florida
1026	Statutes, is amended to read:
1027	1003.42  Required instruction.--
1028	(2)  All members of the instructional staff of the public
1029	schools, subject to the rules of the State Board of Education
1030	and the district school board, shall teach efficiently and
1031	faithfully, using the books and materials required that meet the
1032	highest standards for professionalism and historic accuracy,
1033	following the prescribed courses of study, and employing
1034	approved methods of instruction, the following:
1035	(a)  The history and content of the Declaration of
1036	Independence as written, including national sovereignty, natural
1037	law, self-evident truth, equality of all persons, limited
1038	government, popular sovereignty, and God-given, inalienable
1039	rights of life, liberty, and property, and how they form it
1040	forms the philosophical foundation of our government.
1041	(b)  The history, meaning, significance, and effect of the
1042	provisions of the Constitution of the United States and
1043	amendments thereto with emphasis on each of the 10 amendments
1044	that make up the Bill of Rights and how the Constitution
1045	provides the structure of our government.
1046	(c)  The history of the state and the State Constitution.
1047	(d)(b)  The most important arguments in support of adopting
1048	our republican form of government, as they are embodied in the
1049	most important of the Federalist Papers.
1050	(c)  The essentials of the United States Constitution and
1051	how it provides the structure of our government.
1052	(e)(d)  Flag education, including proper flag display and
1053	flag salute.
1054	(f)(e)  The elements of United States civil government,
1055	including the primary functions of and interrelationships
1056	between the Federal Government, the state, and its counties,
1057	municipalities, school districts, and special districts.
1058	(g)  The history of the United States, including the period
1059	of discovery, early colonies, the War for Independence, the
1060	Civil War, Reconstruction, the expansion of the United States to
1061	its present boundaries, the world wars, and the Civil Rights
1062	Movement to the present. The history of the United States shall
1063	be taught as genuine history and shall not follow the
1064	revisionist or postmodernist viewpoints of relative truth.
1065	American history shall be viewed as factual, not as constructed,
1066	shall be viewed as knowable, teachable, and testable, and shall
1067	be defined as the creation of a new nation based largely on the
1068	universal principles stated in the Declaration of Independence.
1069	(h)(f)  The history of the Holocaust (1933-1945), the
1070	systematic, planned annihilation of European Jews and other
1071	groups by Nazi Germany, a watershed event in the history of
1072	humanity, to be taught in a manner that leads to an
1073	investigation of human behavior, an understanding of the
1074	ramifications of prejudice, racism, and stereotyping, and an
1075	examination of what it means to be a responsible and respectful
1076	person, for the purposes of encouraging tolerance of diversity
1077	in a pluralistic society and for nurturing and protecting
1078	democratic values and institutions.
1079	(i)(g)  The history of African Americans, including the
1080	history of African peoples before the political conflicts that
1081	led to the development of slavery, the passage to America, the
1082	enslavement experience, abolition, and the contributions of
1083	African Americans to society.
1084	(j)(h)  The elementary principles of agriculture.
1085	(k)(i)  The true effects of all alcoholic and intoxicating
1086	liquors and beverages and narcotics upon the human body and
1087	mind.
1088	(l)(j)  Kindness to animals.
1089	(k)  The history of the state.
1090	(m)(l)  The conservation of natural resources.
1091	(n)(m)  Comprehensive health education that addresses
1092	concepts of community health; consumer health; environmental
1093	health; family life, including an awareness of the benefits of
1094	sexual abstinence as the expected standard and the consequences
1095	of teenage pregnancy; mental and emotional health; injury
1096	prevention and safety; nutrition; personal health; prevention
1097	and control of disease; and substance use and abuse.
1098	(o)(n)  Such additional materials, subjects, courses, or
1099	fields in such grades as are prescribed by law or by rules of
1100	the State Board of Education and the district school board in
1101	fulfilling the requirements of law.
1102	(p)(o)  The study of Hispanic contributions to the United
1103	States.
1104	(q)(p)  The study of women's contributions to the United
1105	States.
1106	(r)  The nature and importance of free enterprise to the
1107	United States economy.
1108	(s)(q)  A character-development program in the elementary
1109	schools, similar to Character First or Character Counts, which
1110	is secular in nature and stresses such character qualities as
1111	attentiveness, patience, and initiative. Beginning in school
1112	year 2004-2005, the character-development program shall be
1113	required in kindergarten through grade 12. Each district school
1114	board shall develop or adopt a curriculum for the character-
1115	development program that shall be submitted to the department
1116	for approval. The character-development curriculum shall stress
1117	the qualities of patriotism;, responsibility;, citizenship; the
1118	Golden Rule;, kindness;, respect for authority, human life,
1119	liberty, and personal property;, honesty; charity;, self-
1120	control;, racial, ethnic, and religious tolerance;, and
1121	cooperation.
1122	(t)(r)  In order to encourage patriotism, the sacrifices
1123	that veterans have made in serving our country and protecting
1124	democratic values worldwide. Such instruction must occur on or
1125	before Veterans' Day and Memorial Day. Members of the
1126	instructional staff are encouraged to use the assistance of
1127	local veterans when practicable.
1128	Section 21.  Paragraph (g) of subsection (1) of section
1129	1003.43, Florida Statutes, is amended to read:
1130	1003.43  General requirements for high school graduation.--
1131	(1)  Graduation requires successful completion of either a
1132	minimum of 24 academic credits in grades 9 through 12 or an
1133	International Baccalaureate curriculum. The 24 credits shall be
1134	distributed as follows:
1135	(g)  One-half credit in American government, including
1136	study of the Declaration of Independence and the Constitution of
1137	the United States. For students entering the 9th grade in the
1138	1997-1998 school year and thereafter, the study of Florida
1139	government, including study of the State Constitution, the three
1140	branches of state government, and municipal and county
1141	government, shall be included as part of the required study of
1142	American government.
1143
1144	District school boards may award a maximum of one-half credit in
1145	social studies and one-half elective credit for student
1146	completion of nonpaid voluntary community or school service
1147	work. Students choosing this option must complete a minimum of
1148	75 hours of service in order to earn the one-half credit in
1149	either category of instruction. Credit may not be earned for
1150	service provided as a result of court action. District school
1151	boards that approve the award of credit for student volunteer
1152	service shall develop guidelines regarding the award of the
1153	credit, and school principals are responsible for approving
1154	specific volunteer activities. A course designated in the Course
1155	Code Directory as grade 9 through grade 12 that is taken below
1156	the 9th grade may be used to satisfy high school graduation
1157	requirements or Florida Academic Scholars award requirements as
1158	specified in a district school board's student progression plan.
1159	A student shall be granted credit toward meeting the
1160	requirements of this subsection for equivalent courses, as
1161	identified pursuant to s. 1007.271(6), taken through dual
1162	enrollment.
1163	Section 22.  Section 1003.57, Florida Statutes, is amended
1164	to read:
1165	1003.57  Exceptional students instruction.--
1166	(1)  Each district school board shall provide for an
1167	appropriate program of special instruction, facilities, and
1168	services for exceptional students as prescribed by the State
1169	Board of Education as acceptable, including provisions that:
1170	(a)(1)  The district school board provide the necessary
1171	professional services for diagnosis and evaluation of
1172	exceptional students.
1173	(b)(2)  The district school board provide the special
1174	instruction, classes, and services, either within the district
1175	school system, in cooperation with other district school
1176	systems, or through contractual arrangements with approved
1177	private schools or community facilities that meet standards
1178	established by the commissioner.
1179	(c)(3)  The district school board annually provide
1180	information describing the Florida School for the Deaf and the
1181	Blind and all other programs and methods of instruction
1182	available to the parent of a sensory-impaired student.
1183	(d)(4)  The district school board, once every 3 years,
1184	submit to the department its proposed procedures for the
1185	provision of special instruction and services for exceptional
1186	students.
1187	(e)(5)  No student be given special instruction or services
1188	as an exceptional student until after he or she has been
1189	properly evaluated, classified, and placed in the manner
1190	prescribed by rules of the State Board of Education. The parent
1191	of an exceptional student evaluated and placed or denied
1192	placement in a program of special education shall be notified of
1193	each such evaluation and placement or denial. Such notice shall
1194	contain a statement informing the parent that he or she is
1195	entitled to a due process hearing on the identification,
1196	evaluation, and placement, or lack thereof. Such hearings shall
1197	be exempt from the provisions of ss. 120.569, 120.57, and
1198	286.011, except to the extent that the State Board of Education
1199	adopts rules establishing other procedures and any records
1200	created as a result of such hearings shall be confidential and
1201	exempt from the provisions of s. 119.07(1). The hearing must be
1202	conducted by an administrative law judge from the Division of
1203	Administrative Hearings of the Department of Management
1204	Services. The decision of the administrative law judge shall be
1205	final, except that any party aggrieved by the finding and
1206	decision rendered by the administrative law judge shall have the
1207	right to bring a civil action in the circuit court. In such an
1208	action, the court shall receive the records of the
1209	administrative hearing and shall hear additional evidence at the
1210	request of either party. In the alternative, any party aggrieved
1211	by the finding and decision rendered by the administrative law
1212	judge shall have the right to request an impartial review of the
1213	administrative law judge's order by the district court of appeal
1214	as provided by s. 120.68. Notwithstanding any law to the
1215	contrary, during the pendency of any proceeding conducted
1216	pursuant to this section, unless the district school board and
1217	the parents otherwise agree, the student shall remain in his or
1218	her then-current educational assignment or, if applying for
1219	initial admission to a public school, shall be assigned, with
1220	the consent of the parents, in the public school program until
1221	all such proceedings have been completed.
1222	(f)(6)  In providing for the education of exceptional
1223	students, the district school superintendent, principals, and
1224	teachers shall utilize the regular school facilities and adapt
1225	them to the needs of exceptional students to the maximum extent
1226	appropriate. Segregation of exceptional students shall occur
1227	only if the nature or severity of the exceptionality is such
1228	that education in regular classes with the use of supplementary
1229	aids and services cannot be achieved satisfactorily.
1230	(g)(7)  In addition to the services agreed to in a
1231	student's individual education plan, the district school
1232	superintendent shall fully inform the parent of a student having
1233	a physical or developmental disability of all available services
1234	that are appropriate for the student's disability. The
1235	superintendent shall provide the student's parent with a summary
1236	of the student's rights.
1237	(2)(a)  An exceptional student with a disability who
1238	resides in a residential facility and receives special
1239	instruction or services is considered a resident of the state in
1240	which the parent is a resident. The cost of such instruction,
1241	facilities, and services for a nonresident exceptional student
1242	with a disability shall be provided by the placing authority,
1243	such as a public school entity, other placing authority, or
1244	parent, in the parent's state of residence. A nonresident
1245	exceptional student with a disability who resides in a
1246	residential facility may not be reported by any school district
1247	for FTE funding in the Florida Education Finance Program.
1248	(b)  The Department of Education shall provide to each
1249	school district a statement of the specific limitations of the
1250	district's financial obligation for exceptional students with
1251	disabilities under federal and state law. The department shall
1252	also provide to each school district technical assistance as
1253	necessary for developing a local plan to impose on a parent's
1254	state of residence the fiscal responsibility for educating a
1255	nonresident exceptional student with a disability.
1256	(c)  The Department of Education shall develop a process by
1257	which a school district must, before providing services to an
1258	exceptional student with a disability who resides in a
1259	residential facility in this state, review the residency of the
1260	student. The residential facility, not the district, is
1261	responsible for billing and collecting from the parent's state
1262	of residence for the nonresident student's educational and
1263	related services.
1264	(d)  This subsection applies to any nonresident exceptional
1265	student with a disability who resides in a residential facility
1266	and who receives instruction as an exceptional student with a
1267	disability in any type of residential facility in this state,
1268	including, but not limited to, a private school, a group home
1269	facility as defined in s. 393.063, an intensive residential
1270	treatment program for children and adolescents as defined in s.
1271	395.002, a facility as defined in s. 394.455, an intermediate
1272	care facility for the developmentally disabled or ICF/DD as
1273	defined in s. 393.063 or s. 400.960, or a community residential
1274	home as defined in s. 419.001.
1275	(3)  Notwithstanding s. 1000.21(5), for purposes of this
1276	section, the term "parent" is defined as either or both parents
1277	of a student or any guardian of a student.
1278	(4)  The State Board of Education may adopt rules pursuant
1279	to ss. 120.536(1) and 120.54 to implement the provisions of this
1280	section relating to determination of the residency of an
1281	exceptional student with a disability.
1282	Section 23.  Section 1003.575, Florida Statutes, is created
1283	to read:
1284	1003.575  Individual education plans for exceptional
1285	students.--The Department of Education shall coordinate the
1286	development of an individual education plan (IEP) form for use
1287	in developing and implementing individual education plans for
1288	exceptional students. The IEP form shall have a streamlined
1289	format and shall be compatible with federal standards. The
1290	department shall make the IEP form available to each school
1291	district in the state to facilitate the use of an existing IEP
1292	when a student transfers from one school district to another.
1293	Section 24.  Subsection (3) of section 1003.58, Florida
1294	Statutes, is amended to read:
1295	1003.58  Students in residential care facilities.--Each
1296	district school board shall provide educational programs
1297	according to rules of the State Board of Education to students
1298	who reside in residential care facilities operated by the
1299	Department of Children and Family Services.
1300	(3)  The district school board shall have full and complete
1301	authority in the matter of the assignment and placement of such
1302	students in educational programs. The parent of an exceptional
1303	student shall have the same due process rights as are provided
1304	under s. 1003.57(1)(e)(5).
1305
1306	Notwithstanding the provisions herein, the educational program
1307	at the Marianna Sunland Center in Jackson County shall be
1308	operated by the Department of Education, either directly or
1309	through grants or contractual agreements with other public or
1310	duly accredited educational agencies approved by the Department
1311	of Education.
1312	Section 25.  Paragraph (a) of subsection (1) and paragraph
1313	(a) of subsection (2) of section 1003.62, Florida Statutes, are
1314	amended to read:
1315	1003.62  Academic performance-based charter school
1316	districts.--The State Board of Education may enter into a
1317	performance contract with district school boards as authorized
1318	in this section for the purpose of establishing them as academic
1319	performance-based charter school districts. The purpose of this
1320	section is to examine a new relationship between the State Board
1321	of Education and district school boards that will produce
1322	significant improvements in student achievement, while complying
1323	with constitutional and statutory requirements assigned to each
1324	entity.
1325	(1)  ACADEMIC PERFORMANCE-BASED CHARTER SCHOOL DISTRICT.--
1326	(a)  A school district shall be eligible for designation as
1327	an academic performance-based charter school district if it is a
1328	high-performing school district in which a minimum of 50 percent
1329	of the schools earn a performance grade of category "A" or "B"
1330	and in which no school earns a performance grade of category "D"
1331	or "F" for 2 consecutive years pursuant to s. 1008.34. Schools
1332	that receive a performance grade of category "I" or "N" shall
1333	not be included in this calculation. The performance contract
1334	for a school district that earns a charter based on school
1335	performance grades shall be predicated on maintenance of at
1336	least 50 percent of the schools in the school district earning a
1337	performance grade of category "A" or "B" with no school in the
1338	school district earning a performance grade of category "D" or
1339	"F" for 2 consecutive years. A school district in which the
1340	number of schools that earn a performance grade of "A" or "B" is
1341	less than 50 percent may have its charter renewed for 1 year;
1342	however, if the percentage of "A" or "B" schools is less than 50
1343	percent for 2 consecutive years, the charter shall not be
1344	renewed.
1345	(2)  EXEMPTION FROM STATUTES AND RULES.--
1346	(a)  An academic performance-based charter school district
1347	shall operate in accordance with its charter and shall be exempt
1348	from certain State Board of Education rules and statutes if the
1349	State Board of Education determines such an exemption will
1350	assist the district in maintaining or improving its high-
1351	performing status pursuant to paragraph (1)(a). However, the
1352	State Board of Education may not exempt an academic performance-
1353	based charter school district from any of the following
1354	statutes:
1355	1.  Those statutes pertaining to the provision of services
1356	to students with disabilities.
1357	2.  Those statutes pertaining to civil rights, including s.
1358	1000.05, relating to discrimination.
1359	3.  Those statutes pertaining to student health, safety,
1360	and welfare.
1361	4.  Those statutes governing the election or compensation
1362	of district school board members.
1363	5.  Those statutes pertaining to the student assessment
1364	program and the school grading system, including chapter 1008.
1365	6.  Those statutes pertaining to financial matters,
1366	including chapter 1010.
1367	7.  Those statutes pertaining to planning and budgeting,
1368	including chapter 1011, except that ss. 1011.64 and 1011.69
1369	shall be eligible for exemption.
1370	8.  Sections 1012.22(1)(c), 1012.2312, and 1012.27(2),
1371	relating to performance-pay and differentiated-pay policies for
1372	school administrators and instructional personnel. Professional
1373	service contracts shall be subject to the provisions of ss.
1374	1012.33 and 1012.34.
1375	9.  Those statutes pertaining to educational facilities,
1376	including chapter 1013, except as specified under contract with
1377	the State Board of Education. However, no contractual provision
1378	that could have the effect of requiring the appropriation of
1379	additional capital outlay funds to the academic performance-
1380	based charter school district shall be valid.
1381	Section 26.  Paragraph (e) of subsection (2) of section
1382	1005.22, Florida Statutes, is amended to read:
1383	1005.22  Powers and duties of commission.--
1384	(2)  The commission may:
1385	(e)  Advise the Governor, the Legislature, the State Board
1386	of Education, the Council for Education Policy Research and
1387	Improvement, and the Commissioner of Education on issues
1388	relating to private postsecondary education.
1389	Section 27.  Subsection (3) of section 1007.33, Florida
1390	Statutes, is amended to read:
1391	1007.33  Site-determined baccalaureate degree access.--
1392	(3)  A community college may develop a proposal to deliver
1393	specified baccalaureate degree programs in its district to meet
1394	local workforce needs. The proposal must be submitted to the
1395	State Board of Education for approval. The community college's
1396	proposal must include the following information:
1397	(a)  Demand for the baccalaureate degree program is
1398	identified by the workforce development board, local businesses
1399	and industry, local chambers of commerce, and potential
1400	students.
1401	(b)  Unmet need for graduates of the proposed degree
1402	program is substantiated.
1403	(c)  The community college has the facilities and academic
1404	resources to deliver the program.
1405
1406	The proposal must be submitted to the Council for Education
1407	Policy Research and Improvement for review and comment. Upon
1408	approval of the State Board of Education for the specific degree
1409	program or programs, the community college shall pursue regional
1410	accreditation by the Commission on Colleges of the Southern
1411	Association of Colleges and Schools. Any additional
1412	baccalaureate degree programs the community college wishes to
1413	offer must be approved by the State Board of Education.
1414	Section 28.  Paragraph (f) of subsection (1), paragraphs
1415	(c) and (e) of subsection (3), and subsection (9) of section
1416	1008.22, Florida Statutes, are amended, subsection (10) is
1417	renumbered as subsection (11), and a new subsection (10) is
1418	added to said section, to read:
1419	1008.22  Student assessment program for public schools.--
1420	(1)  PURPOSE.--The primary purposes of the student
1421	assessment program are to provide information needed to improve
1422	the public schools by enhancing the learning gains of all
1423	students and to inform parents of the educational progress of
1424	their public school children. The program must be designed to:
1425	(f)  Provide information on the performance of Florida
1426	students compared with other students others across the United
1427	States.
1428	(3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
1429	design and implement a statewide program of educational
1430	assessment that provides information for the improvement of the
1431	operation and management of the public schools, including
1432	schools operating for the purpose of providing educational
1433	services to youth in Department of Juvenile Justice programs.
1434	The commissioner may enter into contracts for the continued
1435	administration of the assessment, testing, and evaluation
1436	programs authorized and funded by the Legislature. Contracts may
1437	be initiated in 1 fiscal year and continue into the next and may
1438	be paid from the appropriations of either or both fiscal years.
1439	The commissioner is authorized to negotiate for the sale or
1440	lease of tests, scoring protocols, test scoring services, and
1441	related materials developed pursuant to law. Pursuant to the
1442	statewide assessment program, the commissioner shall:
1443	(c)  Develop and implement a student achievement testing
1444	program known as the Florida Comprehensive Assessment Test
1445	(FCAT) as part of the statewide assessment program, to be
1446	administered annually in grades 3 through 10 to measure reading,
1447	writing, science, and mathematics. Other content areas may be
1448	included as directed by the commissioner. The assessment of
1449	reading and mathematics shall be administered annually in grades
1450	3 through 10. The assessment of writing and science shall be
1451	administered at least once at the elementary, middle, and high
1452	school levels. The testing program must be designed so that:
1453	1.  The tests measure student skills and competencies
1454	adopted by the State Board of Education as specified in
1455	paragraph (a). The tests must measure and report student
1456	proficiency levels in reading, writing, mathematics, and
1457	science. The commissioner shall provide for the tests to be
1458	developed or obtained, as appropriate, through contracts and
1459	project agreements with private vendors, public vendors, public
1460	agencies, postsecondary educational institutions, or school
1461	districts. The commissioner shall obtain input with respect to
1462	the design and implementation of the testing program from state
1463	educators and the public.
1464	2.  The testing program will include a combination of norm-
1465	referenced and criterion-referenced tests and include, to the
1466	extent determined by the commissioner, questions that require
1467	the student to produce information or perform tasks in such a
1468	way that the skills and competencies he or she uses can be
1469	measured.
1470	3.  Each testing program, whether at the elementary,
1471	middle, or high school level, includes a test of writing in
1472	which students are required to produce writings that are then
1473	scored by appropriate methods.
1474	4.  A score is designated for each subject area tested,
1475	below which score a student's performance is deemed inadequate.
1476	The school districts shall provide appropriate remedial
1477	instruction to students who score below these levels.
1478	5.  Except as provided in s. 1003.43(11)(b), students must
1479	earn a passing score on the grade 10 assessment test described
1480	in this paragraph or on an alternate assessment as described in
1481	subsection (9) in reading, writing, and mathematics to qualify
1482	for a regular high school diploma. The State Board of Education
1483	shall designate a passing score for each part of the grade 10
1484	assessment test. In establishing passing scores, the state board
1485	shall consider any possible negative impact of the test on
1486	minority students. All students who took the grade 10 FCAT
1487	during the 2000-2001 school year shall be required to earn the
1488	passing scores in reading and mathematics established by the
1489	State Board of Education for the March 2001 test administration.
1490	Such students who did not earn the established passing scores
1491	and must repeat the grade 10 FCAT are required to earn the
1492	passing scores established for the March 2001 test
1493	administration. All students who take the grade 10 FCAT for the
1494	first time in March 2002 shall be required to earn the passing
1495	scores in reading and mathematics established by the State Board
1496	of Education for the March 2002 test administration. The State
1497	Board of Education shall adopt rules which specify the passing
1498	scores for the grade 10 FCAT. Any such rules, which have the
1499	effect of raising the required passing scores, shall only apply
1500	to students taking the grade 10 FCAT for the first time after
1501	such rules are adopted by the State Board of Education.
1502	6.  Participation in the testing program is mandatory for
1503	all students attending public school, including students served
1504	in Department of Juvenile Justice programs, except as otherwise
1505	prescribed by the commissioner. If a student does not
1506	participate in the statewide assessment, the district must
1507	notify the student's parent and provide the parent with
1508	information regarding the implications of such nonparticipation.
1509	If modifications are made in the student's instruction to
1510	provide accommodations that would not be permitted on the
1511	statewide assessment tests, the district must notify the
1512	student's parent of the implications of such instructional
1513	modifications. A parent must provide signed consent for a
1514	student to receive instructional modifications that would not be
1515	permitted on the statewide assessments and must acknowledge in
1516	writing that he or she understands the implications of such
1517	accommodations. The State Board of Education shall adopt rules,
1518	based upon recommendations of the commissioner, for the
1519	provision of test accommodations and modifications of procedures
1520	as necessary for students in exceptional education programs and
1521	for students who have limited English proficiency.
1522	Accommodations that negate the validity of a statewide
1523	assessment are not allowable.
1524	7.  A student seeking an adult high school diploma must
1525	meet the same testing requirements that a regular high school
1526	student must meet.
1527	8.  District school boards must provide instruction to
1528	prepare students to demonstrate proficiency in the skills and
1529	competencies necessary for successful grade-to-grade progression
1530	and high school graduation. If a student is provided with
1531	accommodations or modifications that are not allowable in the
1532	statewide assessment program, as described in the test manuals,
1533	the district must inform the parent in writing and must provide
1534	the parent with information regarding the impact on the
1535	student's ability to meet expected proficiency levels in
1536	reading, writing, and math. The commissioner shall conduct
1537	studies as necessary to verify that the required skills and
1538	competencies are part of the district instructional programs.
1539	9.  The Department of Education must develop, or select,
1540	and implement a common battery of assessment tools that will be
1541	used in all juvenile justice programs in the state. These tools
1542	must accurately measure the skills and competencies established
1543	in the Florida Sunshine State Standards.
1544
1545	The commissioner may design and implement student testing
1546	programs, for any grade level and subject area, necessary to
1547	effectively monitor educational achievement in the state.
1548	(e)  Conduct ongoing research and analysis of student
1549	achievement data, including, without limitation, monitoring
1550	trends in student achievement by grade level and overall student
1551	achievement, identifying school programs that are successful,
1552	and analyzing correlates of school achievement.
1553	(9)  EQUIVALENCIES FOR STANDARDIZED TESTS.--
1554	(a)  The State Board of Education shall conduct concordance
1555	studies, as necessary, to determine scores on the SAT and the
1556	ACT equivalent to those required on the FCAT for high school
1557	graduation pursuant to s. 1003.429(6)(a) or s. 1003.43(5)(a).
1558	(b)(a)  The Commissioner of Education shall approve the use
1559	of the SAT and ACT tests as alternative assessments to the grade
1560	10 FCAT for the 2003-2004 school year. Students who attain
1561	scores on the SAT or ACT which equate to the passing scores on
1562	the grade 10 FCAT for purposes of high school graduation shall
1563	satisfy the assessment requirement for a standard high school
1564	diploma as provided in s. 1003.429(6)(a) or s. 1003.43(5)(a) for
1565	the 2003-2004 school year if the students meet the requirement
1566	in paragraph (c)(b).
1567	(c)(b)  A student shall be required to take each subject
1568	area of the grade 10 FCAT a total of three times without earning
1569	a passing score in order to use the corresponding subject area
1570	scores on an alternative assessment pursuant to paragraph
1571	(b)(a). This requirement shall not apply to a new student who
1572	enters is a new student to the Florida public school system in
1573	grade 12, who may either take the FCAT or use approved score
1574	equivalencies to fulfill the graduation requirement.
1575	(10)  REPORTS.--The Department of Education shall annually
1576	provide a report to the Governor, the President of the Senate,
1577	and the Speaker of the House of Representatives on the
1578	following:
1579	(a)  Longitudinal performance of students in mathematics
1580	and reading.
1581	(b)  Longitudinal performance of students by grade level in
1582	mathematics and reading.
1583	(c)  Longitudinal performance regarding efforts to close
1584	the achievement gap.
1585	(d)  Longitudinal performance of students on the norm-
1586	referenced component of the FCAT.
1587	(e)  Other student performance data based on national norm-
1588	referenced and criterion-referenced tests, when available.
1589	Section 29.  Paragraph (b) of subsection (4) and paragraph
1590	(b) of subsection (8) of section 1008.25, Florida Statutes, are
1591	amended, and paragraph (c) is added to subsection (8) of said
1592	section, to read:
1593	1008.25  Public school student progression; remedial
1594	instruction; reporting requirements.--
1595	(4)  ASSESSMENT AND REMEDIATION.--
1596	(b)  The school in which the student is enrolled must
1597	develop, in consultation with the student's parent, and must
1598	implement an academic improvement plan designed to assist the
1599	student in meeting state and district expectations for
1600	proficiency. For a student for whom a personalized middle school
1601	success plan is required pursuant to s. 1003.415, the middle
1602	school success plan must be incorporated in the student's
1603	academic improvement plan. Beginning with the 2002-2003 school
1604	year, if the student has been identified as having a deficiency
1605	in reading, the academic improvement plan shall identify the
1606	student's specific areas of deficiency in phonemic awareness,
1607	phonics, fluency, comprehension, and vocabulary; the desired
1608	levels of performance in these areas; and the instructional and
1609	support services to be provided to meet the desired levels of
1610	performance. Schools shall also provide for the frequent
1611	monitoring of the student's progress in meeting the desired
1612	levels of performance. District school boards may require low-
1613	performing students to attend remediation programs held before
1614	or after regular school hours, upon the request of the school
1615	principal, and shall assist schools and teachers to implement
1616	research-based reading activities that have been shown to be
1617	successful in teaching reading to low-performing students.
1618	Remedial instruction provided during high school may not be in
1619	lieu of English and mathematics credits required for graduation.
1620	(8)  ANNUAL REPORT.--
1621	(b)  Beginning with the 2001-2002 school year, Each
1622	district school board must annually publish in the local
1623	newspaper, and report in writing to the State Board of Education
1624	by September 1 of each year, the following information on the
1625	prior school year:
1626	1.  The provisions of this section relating to public
1627	school student progression and the district school board's
1628	policies and procedures on student retention and promotion.
1629	2.  By grade, the number and percentage of all students in
1630	grades 3 through 10 performing at Levels 1 and 2 on the reading
1631	portion of the FCAT.
1632	3.  By grade, the number and percentage of all students
1633	retained in grades 3 through 10.
1634	4.  Information on the total number of students who were
1635	promoted for good cause, by each category of good cause as
1636	specified in paragraph (6)(b).
1637	5.  Any revisions to the district school board's policy on
1638	student retention and promotion from the prior year.
1639	(c)  The Department of Education shall establish a uniform
1640	format for school districts to report the information required
1641	in paragraph (b). The format shall be developed with input from
1642	school districts and shall be provided not later than 60 days
1643	prior to the annual due date. The department shall annually
1644	compile the information required in subparagraphs (b)2., 3., and
1645	4., along with state-level summary information, and report such
1646	information to the Governor, the President of the Senate, and
1647	the Speaker of the House of Representatives.
1648	Section 30.  Section 1008.301, Florida Statutes, is
1649	repealed.
1650	Section 31.  Section 1008.31, Florida Statutes, is amended
1651	to read:
1652	1008.31  Florida's K-20 education performance
1653	accountability system; legislative intent; public accountability
1654	and reporting performance-based funding; mission, goals, and
1655	systemwide measures.--
1656	(1)  LEGISLATIVE INTENT.--It is the intent of the
1657	Legislature that:
1658	(a)  The performance accountability system implemented to
1659	assess the effectiveness of Florida's seamless K-20 education
1660	delivery system provide answers to the following questions in
1661	relation to its mission and goals:
1662	1.  What is the public receiving in return for funds it
1663	invests in education?
1664	2.  How effectively is Florida's K-20 education system
1665	educating its students?
1666	3.  How effectively are the major delivery sectors
1667	promoting student achievement?
1668	4.  How are individual schools and postsecondary education
1669	institutions performing their responsibility to educate their
1670	students as measured by how students are performing and how much
1671	they are learning?
1672	(b)  The K-20 education performance accountability system
1673	be established as a single, unified accountability system with
1674	multiple components, including, but not limited to, measures of
1675	adequate yearly progress, individual student learning gains in
1676	public schools, school grades, and return on investment.
1677	(c)  The K-20 education performance accountability system
1678	comply with the accountability requirements of the "No Child
1679	Left Behind Act of 2001," Pub. L. No. 107-110.
1680	(d)  The State Board of Education recommend to the
1681	Legislature systemwide performance standards; the Legislature
1682	establish systemwide performance measures and standards; and the
1683	systemwide measures and standards provide Floridians with
1684	information on what the public is receiving in return for the
1685	funds it invests in education and how well the K-20 system
1686	educates its students.
1687	(e)  The State Board of Education establish performance
1688	measures and set performance standards for individual components
1689	of the public education system, including individual schools and
1690	postsecondary educational institutions, with measures and
1691	standards based primarily on student achievement.
1692	(2)  PERFORMANCE-BASED FUNDING.--
1693	(a)  The State Board of Education shall cooperate with each
1694	delivery system to develop proposals for performance-based
1695	funding, using performance measures adopted pursuant to this
1696	section.
1697	(b)  The State Board of Education proposals must provide
1698	that at least 10 percent of the state funds appropriated for the
1699	K-20 education system are conditional upon meeting or exceeding
1700	established performance standards.
1701	(c)  The State Board of Education shall adopt guidelines
1702	required to implement performance-based funding that allow 1
1703	year to demonstrate achievement of specified performance
1704	standards prior to a reduction in appropriations pursuant to
1705	this section.
1706	(d)  By December 1, 2003, the State Board of Education
1707	shall adopt common definitions, measures, standards, and
1708	performance improvement targets required to:
1709	1.  Use the state core measures and the sector-specific
1710	measures to evaluate the progress of each sector of the
1711	educational delivery system toward meeting the systemwide goals
1712	for public education.
1713	2.  Notify the sectors of their progress in achieving the
1714	specified measures so that they may develop improvement plans
1715	that directly influence decisions about policy, program
1716	development, and management.
1717	3.  Implement the performance-based budgeting system
1718	described in this section.
1719	(e)  During the 2003-2004 fiscal year, the Department of
1720	Education shall collect data required to establish progress,
1721	rewards, and sanctions.
1722	(f)  By December 1, 2004, the Department of Education shall
1723	recommend to the Legislature a formula for performance-based
1724	funding that applies accountability standards for the individual
1725	components of the public education system at every level,
1726	kindergarten through graduate school. Effective for the 2004-
1727	2005 fiscal year and thereafter, subject to annual legislative
1728	approval in the General Appropriations Act, performance-based
1729	funds shall be allocated based on the progress, rewards, and
1730	sanctions established pursuant to this section.
1731	(2)(3)  MISSION, GOALS, AND SYSTEMWIDE MEASURES.--
1732	(a)  The mission of Florida's K-20 education system shall
1733	be to increase the proficiency of all students within one
1734	seamless, efficient system, by allowing them the opportunity to
1735	expand their knowledge and skills through learning opportunities
1736	and research valued by students, parents, and communities.
1737	(b)  The process State Board of Education shall adopt
1738	guiding principles for establishing state and sector-specific
1739	standards and measures must be:
1740	1.  Focused on student success.
1741	2.  Addressable through policy and program changes.
1742	3.  Efficient and of high quality.
1743	4.  Measurable over time.
1744	5.  Simple to explain and display to the public.
1745	6.  Aligned with other measures and other sectors to
1746	support a coordinated K-20 education system.
1747	(c)  The Department State Board of Education shall maintain
1748	an accountability system that measures student progress toward
1749	the following goals:
1750	1.  Highest student achievement, as indicated by evidence
1751	of student learning gains at all levels measured by: student
1752	FCAT performance and annual learning gains; the number and
1753	percentage of schools that improve at least one school
1754	performance grade designation or maintain a school performance
1755	grade designation of "A" pursuant to s. 1008.34; graduation or
1756	completion rates at all learning levels; and other measures
1757	identified in law or rule.
1758	2.  Seamless articulation and maximum access, as measured
1759	by evidence of progression, readiness, and access by targeted
1760	groups of students identified by the Commissioner of Education:
1761	the percentage of students who demonstrate readiness for the
1762	educational level they are entering, from kindergarten through
1763	postsecondary education and into the workforce; the number and
1764	percentage of students needing remediation; the percentage of
1765	Floridians who complete associate, baccalaureate, graduate,
1766	professional, and postgraduate degrees; the number and
1767	percentage of credits that articulate; the extent to which each
1768	set of exit-point requirements matches the next set of entrance-
1769	point requirements; the degree to which underserved populations
1770	access educational opportunity; the extent to which access is
1771	provided through innovative educational delivery strategies; and
1772	other measures identified in law or rule.
1773	3.  Skilled workforce and economic development, as measured
1774	by evidence of employment and earnings: the number and
1775	percentage of graduates employed in their areas of preparation;
1776	the percentage of Floridians with high school diplomas and
1777	postsecondary education credentials; the percentage of business
1778	and community members who find that Florida's graduates possess
1779	the skills they need; national rankings; and other measures
1780	identified in law or rule.
1781	4.  Quality efficient services, as measured by evidence of
1782	return on investment: cost per completer or graduate; average
1783	cost per noncompleter at each educational level; cost disparity
1784	across institutions offering the same degrees; the percentage of
1785	education customers at each educational level who are satisfied
1786	with the education provided; and other measures identified in
1787	law or rule.
1788	5.  Other goals as identified by law or rule.
1789	(3)(4)  K-20 EDUCATION DATA QUALITY IMPROVEMENTS SYSTEMWIDE
1790	DATA COLLECTION.--To provide data required to implement
1791	education performance accountability measures in state and
1792	federal law, the Commissioner of Education shall initiate and
1793	maintain strategies to improve data quality and timeliness.
1794	(a)  School districts and public postsecondary educational
1795	institutions shall maintain information systems that will
1796	provide the State Board of Education, the Board of Governors,
1797	and the Legislature with information and reports necessary to
1798	address the specifications of the accountability system. The
1799	State Board of Education shall determine the standards for the
1800	required data. The level of comprehensiveness and quality shall
1801	be no less than that which was available as of June 30, 2001.
1802	(b)  The Commissioner of Education shall determine the
1803	standards for the required data, monitor data quality, and
1804	measure improvements. The commissioner shall report annually to
1805	the State Board of Education, the Board of Governors, the
1806	President of the Senate, and the Speaker of the House of
1807	Representatives data quality indicators and ratings for all
1808	school districts and public postsecondary educational
1809	institutions.
1810	(4)  REPORTING OR DATA COLLECTION.--The department shall
1811	coordinate with school districts in developing any reporting or
1812	data collection requirements to address the specifications of
1813	the accountability system. Before establishing any new reporting
1814	or data collection requirements, the department shall utilize
1815	any existing data being collected to reduce duplication and
1816	minimize paperwork.
1817	(5)  RULES.--The State Board of Education shall adopt rules
1818	pursuant to ss. 120.536(1) and 120.54 to implement the
1819	provisions of this section.
1820	Section 32.  Subsections (1), (2), and (4) of section
1821	1008.33, Florida Statutes, are amended to read:
1822	1008.33  Authority to enforce public school
1823	improvement.--It is the intent of the Legislature that all
1824	public schools be held accountable for students performing at
1825	acceptable levels. A system of school improvement and
1826	accountability that assesses student performance by school,
1827	identifies schools in which students are not making adequate
1828	progress toward state standards, institutes appropriate measures
1829	for enforcing improvement, and provides rewards and sanctions
1830	based on performance shall be the responsibility of the State
1831	Board of Education.
1832	(1)  Pursuant to Art. IX of the State Constitution
1833	prescribing the duty of the State Board of Education to
1834	supervise Florida's public school system and notwithstanding any
1835	other statutory provisions to the contrary, the State Board of
1836	Education shall intervene in the operation of a district school
1837	system when one or more schools in the school district have
1838	failed to make adequate progress for 2 school years in a 4-year
1839	period. For purposes of determining when a school is eligible
1840	for state board action and opportunity scholarships for its
1841	students, the terms "2 years in any 4-year period" and "2 years
1842	in a 4-year period" mean that in any year that a school has a
1843	grade of "F," the school is eligible for state board action and
1844	opportunity scholarships for its students if it also has had a
1845	grade of "F" in any of the previous 3 school years. The State
1846	Board of Education may determine that the school district or
1847	school has not taken steps sufficient for students in the school
1848	to be academically well served. Considering recommendations of
1849	the Commissioner of Education, the State Board of Education
1850	shall recommend action to a district school board intended to
1851	improve educational services to students in each school that is
1852	designated with a as performance grade of category "F."
1853	Recommendations for actions to be taken in the school district
1854	shall be made only after thorough consideration of the unique
1855	characteristics of a school, which shall include student
1856	mobility rates, the number and type of exceptional students
1857	enrolled in the school, and the availability of options for
1858	improved educational services. The state board shall adopt by
1859	rule steps to follow in this process. Such steps shall provide
1860	school districts sufficient time to improve student performance
1861	in schools and the opportunity to present evidence of assistance
1862	and interventions that the district school board has
1863	implemented.
1864	(2)  The State Board of Education may recommend one or more
1865	of the following actions to district school boards to enable
1866	students in schools designated with a as performance grade of
1867	category "F" to be academically well served by the public school
1868	system:
1869	(a)  Provide additional resources, change certain
1870	practices, and provide additional assistance if the state board
1871	determines the causes of inadequate progress to be related to
1872	school district policy or practice;
1873	(b)  Implement a plan that satisfactorily resolves the
1874	education equity problems in the school;
1875	(c)  Contract for the educational services of the school,
1876	or reorganize the school at the end of the school year under a
1877	new school principal who is authorized to hire new staff and
1878	implement a plan that addresses the causes of inadequate
1879	progress;
1880	(d)  Transfer high-quality teachers, faculty, and staff as
1881	needed to ensure adequate educational opportunities designed to
1882	improve the performance of students in a low-performing school;
1883	(e)(d)  Allow parents of students in the school to send
1884	their children to another district school of their choice; or
1885	(f)(e)  Other action appropriate to improve the school's
1886	performance.
1887	(4)  The State Board of Education may require the
1888	Department of Education or Chief Financial Officer to withhold
1889	any transfer of state funds to the school district if, within
1890	the timeframe specified in state board action, the school
1891	district has failed to comply with the action ordered to improve
1892	the district's low-performing schools. Withholding the transfer
1893	of funds shall occur only after all other recommended actions
1894	for school improvement have failed to improve performance. The
1895	State Board of Education may impose the same penalty on any
1896	district school board that fails to develop and implement a plan
1897	for assistance and intervention for low-performing schools as
1898	specified in s. 1001.42(16)(d)(c).
1899	Section 33.  Section 1008.34, Florida Statutes, is amended
1900	to read:
1901	1008.34  School grading system; school report cards;
1902	district performance grade.--
1903	(1)  ANNUAL REPORTS.--The Commissioner of Education shall
1904	prepare annual reports of the results of the statewide
1905	assessment program which describe student achievement in the
1906	state, each district, and each school. The commissioner shall
1907	prescribe the design and content of these reports, which must
1908	include, without limitation, descriptions of the performance of
1909	all schools participating in the assessment program and all of
1910	their major student populations as determined by the
1911	Commissioner of Education, and must also include the median
1912	scores of all eligible students who scored at or in the lowest
1913	25th percentile of the state in the previous school year;
1914	provided, however, that the provisions of s. 1002.22 pertaining
1915	to student records apply to this section.
1916	(2)  SCHOOL GRADES PERFORMANCE GRADE CATEGORIES.--The
1917	annual report shall identify schools as having one of the
1918	following grades being in one of the following grade categories
1919	defined according to rules of the State Board of Education:
1920	(a)  "A," schools making excellent progress.
1921	(b)  "B," schools making above average progress.
1922	(c)  "C," schools making satisfactory progress.
1923	(d)  "D," schools making less than satisfactory progress.
1924	(e)  "F," schools failing to make adequate progress.
1925
1926	Each school designated with a in performance grade of category
1927	"A," making excellent progress, or having improved at least two
1928	performance grade levels categories, shall have greater
1929	authority over the allocation of the school's total budget
1930	generated from the FEFP, state categoricals, lottery funds,
1931	grants, and local funds, as specified in state board rule. The
1932	rule must provide that the increased budget authority shall
1933	remain in effect until the school's performance grade declines.
1934	(3)  DESIGNATION OF SCHOOL GRADES PERFORMANCE GRADE
1935	CATEGORIES.--All schools shall receive a school grade except
1936	those alternative schools that receive a school improvement
1937	rating pursuant to s. 1008.341. Alternative schools may choose
1938	to receive a school grade pursuant to the provisions of this
1939	section in lieu of a school improvement rating described in s.
1940	1008.341. School grades performance grade category designations
1941	itemized in subsection (2) shall be based on the following:
1942	(a)  Criteria Timeframes.--A school's grade shall be based
1943	on a combination of:
1944	1.  Student achievement scores School performance grade
1945	category designations shall be based on the school's current
1946	year performance and the school's annual learning gains.
1947	2.  A school's performance grade category designation shall
1948	be based on a combination of student achievement scores, Student
1949	learning gains as measured by annual FCAT assessments in grades
1950	3 through 10., and
1951	3.  Improvement of the lowest 25th percentile of students
1952	in the school in reading, math, or writing on the FCAT Reading,
1953	unless these students are exhibiting performing above
1954	satisfactory performance.
1955	(b)  Student assessment data.--Student assessment data used
1956	in determining school grades performance grade categories shall
1957	include:
1958	1.  The aggregate scores of all eligible students enrolled
1959	in the school who have been assessed on the FCAT.
1960	2.  The aggregate scores of all eligible students enrolled
1961	in the school who have been assessed on the FCAT, including
1962	Florida Writes, and who have scored at or in the lowest 25th
1963	percentile of students in the school in reading, math, or
1964	writing, unless these students are exhibiting performing above
1965	satisfactory performance.
1966	3.  The achievement scores and learning gains of eligible
1967	students attending alternative schools that provide dropout
1968	prevention and academic intervention services pursuant to s.
1969	1003.53. The term "eligible students" in this subparagraph does
1970	not include students attending an alternative school who are
1971	subject to district school board policies for expulsion for
1972	repeated or serious offenses, who are in dropout retrieval
1973	programs serving students who have officially been designated as
1974	dropouts, or who are in Department of Juvenile Justice operated
1975	and contracted programs. The student performance data for
1976	eligible students identified in this subparagraph shall be
1977	included in the calculation of the home school's grade. For
1978	purposes of this section and s. 1008.341, "home school" means
1979	the school the student was attending when assigned to an
1980	alternative school or the school to which the student would be
1981	assigned if the student left the alternative school. If an
1982	alternative school chooses to be graded pursuant to this
1983	section, student performance data for eligible students
1984	identified in this subparagraph shall not be included in the
1985	home school's grade but shall only be included in calculation of
1986	the alternative school's improvement rating. School districts
1987	must ensure collaboration between the home school and the
1988	alternative school to promote student success.
1989
1990	The Department of Education shall study the effects of mobility
1991	on the performance of highly mobile students and recommend
1992	programs to improve the performance of such students. The State
1993	Board of Education shall adopt appropriate criteria for each
1994	school performance grade category. The criteria must also give
1995	added weight to student achievement in reading. Schools
1996	designated with a as performance grade of category "C," making
1997	satisfactory progress, shall be required to demonstrate that
1998	adequate progress has been made by students in the school who
1999	are in the lowest 25th percentile in reading, math, or writing
2000	on the FCAT, including Florida Writes, unless these students are
2001	exhibiting performing above satisfactory performance.
2002	(4)  SCHOOL IMPROVEMENT RATINGS.--The annual report shall
2003	identify each school's performance as having improved, remained
2004	the same, or declined. This school improvement rating shall be
2005	based on a comparison of the current year's and previous year's
2006	student and school performance data. Schools that improve at
2007	least one performance grade category are eligible for school
2008	recognition awards pursuant to s. 1008.36.
2009	(5)  SCHOOL REPORT CARD PERFORMANCE GRADE CATEGORY AND
2010	IMPROVEMENT RATING REPORTS.--The Department of Education shall
2011	annually develop, in collaboration with the school districts, a
2012	school report card to be delivered to parents throughout each
2013	school district. The report card shall include the school's
2014	grade, information regarding school improvement, an explanation
2015	of school performance as evaluated by the federal No Child Left
2016	Behind Act of 2001, and indicators of return on investment.
2017	School performance grade category designations and improvement
2018	ratings shall apply to each school's performance for the year in
2019	which performance is measured. Each school's report card
2020	designation and rating shall be published annually by the
2021	department on its website, of Education and the school district
2022	shall provide the school report card to each parent. Parents
2023	shall be entitled to an easy-to-read report card about the
2024	designation and rating of the school in which their child is
2025	enrolled.
2026	(6)(7)  PERFORMANCE-BASED FUNDING.--The Legislature may
2027	factor in the performance of schools in calculating any
2028	performance-based funding policy that is provided for annually
2029	in the General Appropriations Act.
2030	(7)(8)  DISTRICT PERFORMANCE GRADE.--The annual report
2031	required by subsection (1) shall include district performance
2032	grades, which shall consist of weighted district average grades,
2033	by level, for all elementary schools, middle schools, and high
2034	schools in the district. A district's weighted average grade
2035	shall be calculated by weighting individual school grades
2036	determined pursuant to subsection (2) by school enrollment.
2037	(8)(6)  RULES.--The State Board of Education shall adopt
2038	rules pursuant to ss. 120.536(1) and 120.54 to implement the
2039	provisions of this section.
2040	Section 34.  Section 1008.341, Florida Statutes, is created
2041	to read:
2042	1008.341  School improvement rating for alternative
2043	schools.--
2044	(1)  ANNUAL REPORTS.--The Commissioner of Education shall
2045	prepare an annual report on the performance of each school
2046	receiving a school improvement rating pursuant to this section
2047	provided that the provisions of s. 1002.22 pertaining to student
2048	records shall apply.
2049	(2)  SCHOOL IMPROVEMENT RATING.--Alternative schools that
2050	provide dropout prevention and academic intervention services
2051	pursuant to s. 1003.53 shall receive a school improvement rating
2052	pursuant to this section. The school improvement rating shall
2053	identify schools as having one of the following ratings defined
2054	according to rules of the State Board of Education:
2055	(a)  "Improving," schools with students making more
2056	academic progress than when the students were served in their
2057	home schools.
2058	(b)  "Maintaining," schools with students making progress
2059	equivalent to the progress made when the students were served in
2060	their home schools.
2061	(c)  "Declining," schools with students making less
2062	academic progress than when the students were served in their
2063	home schools.
2064
2065	The school improvement rating shall be based on a comparison of
2066	the current year and previous year student performance data.
2067	Schools that improve at least one level or maintain an
2068	"improving" rating pursuant to this section are eligible for
2069	school recognition awards pursuant to s. 1008.36.
2070	(3)  DESIGNATION OF SCHOOL IMPROVEMENT RATING.--Student
2071	assessment data used in determining an alternative school's
2072	school improvement rating shall include:
2073	(a)  The aggregate scores of all eligible students who were
2074	assigned to and enrolled in the school during the October or
2075	February FTE count, who have been assessed on the FCAT, and who
2076	have FCAT or comparable scores for the preceding school year.
2077	(b)  The aggregate scores of all eligible students who were
2078	assigned to and enrolled in the school during the October or
2079	February FTE count, who have been assessed on the FCAT,
2080	including Florida Writes, and who have scored in the lowest 25th
2081	percentile of students in the state on FCAT Reading.
2082
2083	The scores of students who are subject to district school board
2084	policies for expulsion for repeated or serious offenses, who are
2085	in dropout retrieval programs serving students who have
2086	officially been designated as dropouts, or who are in Department
2087	of Juvenile Justice operated and contracted programs shall not
2088	be included in an alternative school's school improvement
2089	rating.
2090	(4)  IDENTIFICATION OF STUDENT LEARNING GAINS.--For each
2091	alternative school receiving a school improvement rating, the
2092	Department of Education shall annually identify the percentage
2093	of students making learning gains as compared to the percentage
2094	of the same students making learning gains in their home schools
2095	in the year prior to being assigned to the alternative school.
2096	(5)  SCHOOL REPORT CARD.--The Department of Education shall
2097	annually develop, in collaboration with the school districts, a
2098	school report card for alternative schools to be delivered to
2099	parents throughout each school district. The report card shall
2100	include the school improvement rating, identification of student
2101	learning gains, information regarding school improvement, an
2102	explanation of school performance as evaluated by the federal No
2103	Child Left Behind Act of 2001, and indicators of return on
2104	investment.
2105	(6)  RULES.--The State Board of Education shall adopt rules
2106	pursuant to ss. 120.536(1) and 120.54 to implement the
2107	provisions of this section.
2108	Section 35.  Subsection (5), paragraphs (b) and (d) of
2109	subsection (6), and subsection (7) of section 1008.345, Florida
2110	Statutes, are amended to read:
2111	1008.345  Implementation of state system of school
2112	improvement and education accountability.--
2113	(5)  The commissioner shall report to the Legislature and
2114	recommend changes in state policy necessary to foster school
2115	improvement and education accountability. Included in the report
2116	shall be a list of the schools, including schools operating for
2117	the purpose of providing educational services to youth in
2118	Department of Juvenile Justice programs, for which district
2119	school boards have developed assistance and intervention plans
2120	and an analysis of the various strategies used by the school
2121	boards. School reports shall be distributed pursuant to this
2122	subsection and s. 1001.42(16)(f)(e) and according to rules
2123	adopted by the State Board of Education.
2124	(6)
2125	(b)  Upon request, the department shall provide technical
2126	assistance and training to any school, including any school
2127	operating for the purpose of providing educational services to
2128	youth in Department of Juvenile Justice programs, school
2129	advisory council, district, or district school board for
2130	conducting needs assessments, developing and implementing school
2131	improvement plans, developing and implementing assistance and
2132	intervention plans, or implementing other components of school
2133	improvement and accountability. Priority for these services
2134	shall be given to schools designated with a as performance grade
2135	of category "D" or "F" and school districts in rural and
2136	sparsely populated areas of the state.
2137	(d)  The department shall assign a community assessment
2138	team to each school district with a school designated with a as
2139	performance grade of category "D" or "F" to review the school
2140	performance data and determine causes for the low performance.
2141	The team shall make recommendations to the school board, to the
2142	department, and to the State Board of Education for implementing
2143	an assistance and intervention plan that will address the causes
2144	of the school's low performance. The assessment team shall
2145	include, but not be limited to, a department representative,
2146	parents, business representatives, educators, and community
2147	activists, and shall represent the demographics of the community
2148	from which they are appointed.
2149	(7)(a)  Schools designated with a in performance grade of
2150	category "A," making excellent progress, shall, if requested by
2151	the school, be given deregulated status as specified in s.
2152	1003.63(5), (7), (8), (9), and (10).
2153	(b)  Schools that have improved at least two grades
2154	performance grade categories and that meet the criteria of the
2155	Florida School Recognition Program pursuant to s. 1008.36 may be
2156	given deregulated status as specified in s. 1003.63(5), (7),
2157	(8), (9), and (10).
2158	Section 36.  Subsections (3), (4), and (5) of section
2159	1008.36, Florida Statutes, are amended to read:
2160	1008.36  Florida School Recognition Program.--
2161	(3)  All public schools, including charter schools, that
2162	receive a school grade pursuant to s. 1008.34 or a school
2163	improvement rating pursuant to s. 1008.341 are eligible to
2164	participate in the program. For the purpose of this section, a
2165	school or schools serving any combination of kindergarten
2166	through grade 3 students that do not receive a school grade
2167	under s. 1008.34 shall be assigned the school grade of the
2168	feeder pattern school designated by the Department of Education
2169	and verified by the school district and shall be eligible to
2170	participate in the program based on that feeder. A "feeder
2171	school pattern" is defined as a pattern in which at least 60
2172	percent of the students in the school not receiving a school
2173	grade are assigned to the graded school.
2174	(4)  All selected schools shall receive financial awards
2175	depending on the availability of funds appropriated and the
2176	number and size of schools selected to receive an award. Funds
2177	must be distributed to the school's fiscal agent and placed in
2178	the school's account and must be used for purposes listed in
2179	subsection (5) as determined by the school advisory council
2180	pursuant to s. 1001.452 in the annual school improvement plan
2181	required pursuant to s. 1001.42(16)(a). If such a determination
2182	is not included in the school improvement plan, the school shall
2183	not be eligible to receive a financial award jointly by the
2184	school's staff and school advisory council. If school staff and
2185	the school advisory council cannot reach agreement by November
2186	1, the awards must be equally distributed to all classroom
2187	teachers currently teaching in the school.
2188	(5)  School recognition awards must be used for the
2189	following:
2190	(a)  Nonrecurring bonuses to the faculty and staff who
2191	currently teach at the school or who taught at the school during
2192	the year of improved performance;
2193	(b)  Nonrecurring expenditures for educational equipment,
2194	or materials, or student incentives to assist in maintaining and
2195	improving student performance; or
2196	(c)  Temporary personnel for the school to assist in
2197	maintaining and improving student performance.
2198
2199	Notwithstanding statutory provisions to the contrary, incentive
2200	awards are not subject to collective bargaining.
2201	Section 37.  Paragraph (h) of subsection (1) of section
2202	1008.45, Florida Statutes, is amended to read:
2203	1008.45  Community college accountability process.--
2204	(1)  It is the intent of the Legislature that a management
2205	and accountability process be implemented which provides for the
2206	systematic, ongoing improvement and assessment of the
2207	improvement of the quality and efficiency of the Florida
2208	community colleges. Accordingly, the State Board of Education
2209	and the community college boards of trustees shall develop and
2210	implement an accountability plan to improve and evaluate the
2211	instructional and administrative efficiency and effectiveness of
2212	the Florida Community College System. This plan shall be
2213	designed in consultation with staff of the Governor and the
2214	Legislature and must address the following issues:
2215	(h)  Other measures as identified by the Council for
2216	Education Policy Research and Improvement and approved by the
2217	State Board of Education.
2218	Section 38.  Section 1008.51, Florida Statutes, is
2219	repealed.
2220	Section 39.  Paragraphs (f), ((h), (l), (m), and (n) of
2221	subsection (1) and paragraphs (a) and (b) of subsection (4) of
2222	section 1011.62, Florida Statutes, are amended, subsections (8)
2223	and (9) are renumbered as subsections (9) and (10),
2224	respectively, and amended, and a new subsection (8) is added to
2225	said section, to read:
2226	1011.62  Funds for operation of schools.--If the annual
2227	allocation from the Florida Education Finance Program to each
2228	district for operation of schools is not determined in the
2229	annual appropriations act or the substantive bill implementing
2230	the annual appropriations act, it shall be determined as
2231	follows:
2232	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
2233	OPERATION.--The following procedure shall be followed in
2234	determining the annual allocation to each district for
2235	operation:
2236	(f)  Supplemental academic instruction; categorical fund.--
2237	1.  There is created a categorical fund to provide
2238	supplemental academic instruction to students in kindergarten
2239	through grade 12. This paragraph may be cited as the
2240	"Supplemental Academic Instruction Categorical Fund."
2241	2.  Categorical funds for supplemental academic instruction
2242	shall be allocated annually to each school district in the
2243	amount provided in the General Appropriations Act. These funds
2244	shall be in addition to the funds appropriated on the basis of
2245	FTE student membership in the Florida Education Finance Program
2246	and shall be included in the total potential funds of each
2247	district. These funds shall be used to provide supplemental
2248	academic instruction to students enrolled in the K-12 program.
2249	Supplemental instruction strategies may include, but are not
2250	limited to: modified curriculum, reading instruction, after-
2251	school instruction, tutoring, mentoring, class size reduction,
2252	extended school year, intensive skills development in summer
2253	school, and other methods for improving student achievement.
2254	Supplemental instruction may be provided to a student in any
2255	manner and at any time during or beyond the regular 180-day term
2256	identified by the school as being the most effective and
2257	efficient way to best help that student progress from grade to
2258	grade and to graduate.
2259	3.  Effective with the 1999-2000 fiscal year, funding on
2260	the basis of FTE membership beyond the 180-day regular term
2261	shall be provided in the FEFP only for students enrolled in
2262	juvenile justice education programs or in an education program
2263	for juveniles under s. 985.223. Funding for instruction beyond
2264	the regular 180-day school year for all other K-12 students
2265	shall be provided through the supplemental academic instruction
2266	categorical fund and other state, federal, and local fund
2267	sources with ample flexibility for schools to provide
2268	supplemental instruction to assist students in progressing from
2269	grade to grade and graduating.
2270	4.  The Florida State University School, as a lab school,
2271	is authorized to expend from its FEFP or Lottery Enhancement
2272	Trust Fund allocation the cost to the student of remediation in
2273	reading, writing, or mathematics for any graduate who requires
2274	remediation at a postsecondary educational institution.
2275	5.  Beginning in the 1999-2000 school year, dropout
2276	prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
2277	(b), and (c), and 1003.54 shall be included in group 1 programs
2278	under subparagraph (d)3.
2279	6.  Beginning in the 2005-2006 school year, parents of the
2280	following students shall be offered the opportunity to choose
2281	supplemental educational services from the school district or
2282	from a list of providers approved by the Department of
2283	Education:
2284	a.  Third grade students scoring at Level 1 on FCAT Reading
2285	who are not eligible for supplemental educational services
2286	through the requirements of Pub. L. No. 107-110.
2287	b.  High school students failing grade 10 FCAT Reading or
2288	grade 10 FCAT Mathematics on their second attempt who are not
2289	eligible for supplemental educational services through the
2290	requirements of Pub. L. No. 107-110.
2291
2292	Funds per student shall be determined annually in the General
2293	Appropriations Act.
2294	(h)  Small, isolated high schools.--Districts which levy
2295	the maximum nonvoted discretionary millage, exclusive of millage
2296	for capital outlay purposes levied pursuant to s. 1011.71(2),
2297	may calculate full-time equivalent students for small, isolated
2298	high schools by multiplying the number of unweighted full-time
2299	equivalent students times 2.75; provided the school has attained
2300	a state accountability performance grade category of "C" or
2301	better, pursuant to s. 1008.34, for the previous school year.
2302	For the purpose of this section, the term "small, isolated high
2303	school" means any high school which is located no less than 28
2304	miles by the shortest route from another high school; which has
2305	been serving students primarily in basic studies provided by
2306	sub-subparagraphs (c)1.b. and c. and may include subparagraph
2307	(c)4.; and which has a membership of no more than 100 students,
2308	but no fewer than 28 students, in grades 9 through 12.
2309	(l)  Calculation of additional full-time equivalent
2310	membership based on international baccalaureate examination
2311	scores of students.--A value of 0.24 full-time equivalent
2312	student membership shall be calculated for each student enrolled
2313	in an international baccalaureate course who receives a score of
2314	4 or higher on a subject examination. A value of 0.3 full-time
2315	equivalent student membership shall be calculated for each
2316	student who receives an international baccalaureate diploma.
2317	Such value shall be added to the total full-time equivalent
2318	student membership in basic programs for grades 9 through 12 in
2319	the subsequent fiscal year. The school district shall distribute
2320	to each classroom teacher who provided international
2321	baccalaureate instruction:
2322	1.  A bonus in the amount of $50 for each student taught by
2323	the International Baccalaureate teacher in each international
2324	baccalaureate course who receives a score of 4 or higher on the
2325	international baccalaureate examination.
2326	2.  An additional bonus of $500 to each International
2327	Baccalaureate teacher in a school designated with a performance
2328	grade of category "D" or "F" who has at least one student
2329	scoring 4 or higher on the international baccalaureate
2330	examination, regardless of the number of classes taught or of
2331	the number of students scoring a 4 or higher on the
2332	international baccalaureate examination.
2333
2334	Bonuses awarded to a teacher according to this paragraph shall
2335	not exceed $2,000 in any given school year and shall be in
2336	addition to any regular wage or other bonus the teacher received
2337	or is scheduled to receive.
2338	(m)  Calculation of additional full-time equivalent
2339	membership based on Advanced International Certificate of
2340	Education examination scores of students.--A value of 0.24 full-
2341	full-time equivalent student membership shall be calculated for
2342	each student enrolled in a full-credit Advanced International
2343	Certificate of Education course who receives a score of 2 or
2344	higher on a subject examination. A value of 0.12 full-time
2345	equivalent student membership shall be calculated for each
2346	student enrolled in a half-credit Advanced International
2347	Certificate of Education course who receives a score of 1 or
2348	higher on a subject examination. A value of 0.3 full-time
2349	equivalent student membership shall be calculated for each
2350	student who received an Advanced International Certificate of
2351	Education diploma. Such value shall be added to the total full-
2352	time equivalent student membership in basic programs for grades
2353	9 through 12 in the subsequent fiscal year. The school district
2354	shall distribute to each classroom teacher who provided Advanced
2355	International Certificate of Education instruction:
2356	1.  A bonus in the amount of $50 for each student taught by
2357	the Advanced International Certificate of Education teacher in
2358	each full-credit Advanced International Certificate of Education
2359	course who receives a score of 2 or higher on the Advanced
2360	International Certificate of Education examination. A bonus in
2361	the amount of $25 for each student taught by the Advanced
2362	International Certificate of Education teacher in each half-
2363	credit Advanced International Certificate of Education course
2364	who receives a score of 1 or higher on the Advanced
2365	International Certificate of Education examination.
2366	2.  An additional bonus of $500 to each Advanced
2367	International Certificate of Education teacher in a school
2368	designated with a performance grade of category "D" or "F" who
2369	has at least one student scoring 2 or higher on the full-credit
2370	Advanced International Certificate of Education examination,
2371	regardless of the number of classes taught or of the number of
2372	students scoring a 2 or higher on the full-credit Advanced
2373	International Certificate of Education examination.
2374	3.  Additional bonuses of $250 each to teachers of half-
2375	credit Advanced International Certificate of Education classes
2376	in a school designated with a performance grade of category "D"
2377	or "F" which has at least one student scoring a 1 or higher on
2378	the half-credit Advanced International Certificate of Education
2379	examination in that class. The maximum additional bonus for a
2380	teacher awarded in accordance with this subparagraph shall not
2381	exceed $500 in any given school year. Teachers receiving an
2382	award under subparagraph 2. are not eligible for a bonus under
2383	this subparagraph.
2384
2385	Bonuses awarded to a teacher according to this paragraph shall
2386	not exceed $2,000 in any given school year and shall be in
2387	addition to any regular wage or other bonus the teacher received
2388	or is scheduled to receive.
2389	(n)  Calculation of additional full-time equivalent
2390	membership based on college board advanced placement scores of
2391	students.--A value of 0.24 full-time equivalent student
2392	membership shall be calculated for each student in each advanced
2393	placement course who receives a score of 3 or higher on the
2394	College Board Advanced Placement Examination for the prior year
2395	and added to the total full-time equivalent student membership
2396	in basic programs for grades 9 through 12 in the subsequent
2397	fiscal year. Each district must allocate at least 80 percent of
2398	the funds provided to the district for advanced placement
2399	instruction, in accordance with this paragraph, to the high
2400	school that generates the funds. The school district shall
2401	distribute to each classroom teacher who provided advanced
2402	placement instruction:
2403	1.  A bonus in the amount of $50 for each student taught by
2404	the Advanced Placement teacher in each advanced placement course
2405	who receives a score of 3 or higher on the College Board
2406	Advanced Placement Examination.
2407	2.  An additional bonus of $500 to each Advanced Placement
2408	teacher in a school designated with a performance grade of
2409	category "D" or "F" who has at least one student scoring 3 or
2410	higher on the College Board Advanced Placement Examination,
2411	regardless of the number of classes taught or of the number of
2412	students scoring a 3 or higher on the College Board Advanced
2413	Placement Examination.
2414
2415	Bonuses awarded to a teacher according to this paragraph shall
2416	not exceed $2,000 in any given school year and shall be in
2417	addition to any regular wage or other bonus the teacher received
2418	or is scheduled to receive.
2419	(4)  COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.--The
2420	Legislature shall prescribe the aggregate required local effort
2421	for all school districts collectively as an item in the General
2422	Appropriations Act for each fiscal year. The amount that each
2423	district shall provide annually toward the cost of the Florida
2424	Education Finance Program for kindergarten through grade 12
2425	programs shall be calculated as follows:
2426	(a)  Estimated taxable value calculations.--
2427	1.a.  Not later than 2 working days prior to July 19, the
2428	Department of Revenue shall certify to the Commissioner of
2429	Education its most recent estimate of the taxable value for
2430	school purposes in each school district and the total for all
2431	school districts in the state for the current calendar year
2432	based on the latest available data obtained from the local
2433	property appraisers. Not later than July 19, the Commissioner of
2434	Education shall compute a millage rate, rounded to the next
2435	highest one one-thousandth of a mill, which, when applied to 95
2436	percent of the estimated state total taxable value for school
2437	purposes, would generate the prescribed aggregate required local
2438	effort for that year for all districts. The Commissioner of
2439	Education shall certify to each district school board the
2440	millage rate, computed as prescribed in this subparagraph, as
2441	the minimum millage rate necessary to provide the district
2442	required local effort for that year.
2443	b.  The General Appropriations Act shall direct the
2444	computation of the statewide adjusted aggregate amount for
2445	required local effort for all school districts collectively from
2446	ad valorem taxes to ensure that no school district's revenue
2447	from required local effort millage will produce more than 90
2448	percent of the district's total Florida Education Finance
2449	Program calculation, and the adjustment of the required local
2450	effort millage rate of each district that produces more than 90
2451	percent of its total Florida Education Finance Program
2452	entitlement to a level that will produce only 90 percent of its
2453	total Florida Education Finance Program entitlement in the July
2454	calculation.
2455	2.  As revised data are received from property appraisers,
2456	the Department of Revenue shall amend the certification of the
2457	estimate of the taxable value for school purposes. The
2458	Commissioner of Education, in administering the provisions of
2459	subparagraph (10)(9)(a)2., shall use the most recent taxable
2460	value for the appropriate year.
2461	(b)  Final calculation.--
2462	1.  The Department of Revenue shall, upon receipt of the
2463	official final assessed value of property from each of the
2464	property appraisers, certify to the Commissioner of Education
2465	the taxable value total for school purposes in each school
2466	district, subject to the provisions of paragraph (d). The
2467	commissioner shall use the official final taxable value for
2468	school purposes for each school district in the final
2469	calculation of the annual Florida Education Finance Program
2470	allocations.
2471	2.  For the purposes of this paragraph, the official final
2472	taxable value for school purposes shall be the taxable value for
2473	school purposes on which the tax bills are computed and mailed
2474	to the taxpayers, adjusted to reflect final administrative
2475	actions of value adjustment boards and judicial decisions
2476	pursuant to part I of chapter 194. By September 1 of each year,
2477	the Department of Revenue shall certify to the commissioner the
2478	official prior year final taxable value for school purposes. For
2479	each county that has not submitted a revised tax roll reflecting
2480	final value adjustment board actions and final judicial
2481	decisions, the Department of Revenue shall certify the most
2482	recent revision of the official taxable value for school
2483	purposes. The certified value shall be the final taxable value
2484	for school purposes, and no further adjustments shall be made,
2485	except those made pursuant to subparagraph (10)(9)(a)2.
2486	(8)  RESEARCH-BASED READING INSTRUCTION ALLOCATION.--
2487	(a)  The research-based reading instruction allocation is
2488	created to provide comprehensive reading instruction to students
2489	in kindergarten through grade 12.
2490	(b)  Funds for comprehensive, research-based reading
2491	instruction shall be allocated annually to each school district
2492	in the amount provided in the General Appropriations Act. Each
2493	eligible school district shall receive the same minimum amount
2494	as specified in the General Appropriations Act, and any
2495	remaining funds shall be distributed to eligible school
2496	districts based on each school district's proportionate share of
2497	K-12 base funding.
2498	(c)  Funds must be used to provide a system of
2499	comprehensive reading instruction to students enrolled in the K-
2500	12 programs, which may include the following:
2501	1.  The provision of highly qualified reading coaches.
2502	2.  Professional development for school district teachers
2503	in scientifically based reading instruction.
2504	3.  The provision of summer reading camps for students who
2505	score at Level 1 on FCAT Reading.
2506	4.  The provision of supplemental instructional materials
2507	that are grounded in scientifically based reading research, and
2508	comprehensive training in their use, for which teachers shall
2509	receive inservice credit. Each school district, in partnership
2510	with the publisher of the material, shall provide the training
2511	and the school district shall certify that the teacher has
2512	achieved mastery in using the material correctly. Data on this
2513	training shall be collected by the Department of Education.
2514	5.  The provision of intensive interventions for middle and
2515	high school students reading below grade level.
2516	(d)  Annually, by a date determined by the Department of
2517	Education but before May 1, school districts shall submit a plan
2518	for the specific use of the research-based reading instruction
2519	allocation in the format prescribed by the department for review
2520	and approval by the Just Read, Florida! Office created pursuant
2521	to s. 1001.215. The plan annually submitted by school districts
2522	shall be deemed approved unless the department rejects the plan
2523	on or before June 1. If a school district and the Just Read,
2524	Florida! Office cannot reach agreement on the contents of the
2525	plan, the school district may appeal to the State Board of
2526	Education. The plan format shall be developed with input from
2527	school district personnel, including teachers and principals,
2528	and shall allow courses in core, career, and alternative
2529	programs that deliver intensive reading remediation through
2530	integrated curricula. No later than July 1 annually, the
2531	department shall release the school district's allocation of
2532	appropriated funds to those districts with approved plans. A
2533	school district that spends 100 percent of this allocation on
2534	its approved plan shall be deemed to have been in compliance
2535	with the plan. The department may withhold funds upon a
2536	determination that reading instruction allocation funds are not
2537	being used to implement the approved plan.
2538	(9)(8)  QUALITY ASSURANCE GUARANTEE.--The Legislature may
2539	annually in the General Appropriations Act determine a
2540	percentage increase in funds per K-12 unweighted FTE as a
2541	minimum guarantee to each school district. The guarantee shall
2542	be calculated from prior year base funding per unweighted FTE
2543	student which shall include the adjusted FTE dollars as provided
2544	in subsection (10)(9), quality guarantee funds, and actual
2545	nonvoted discretionary local effort from taxes. From the base
2546	funding per unweighted FTE, the increase shall be calculated for
2547	the current year. The current year funds from which the
2548	guarantee shall be determined shall include the adjusted FTE
2549	dollars as provided in subsection (10)(9) and potential nonvoted
2550	discretionary local effort from taxes. A comparison of current
2551	year funds per unweighted FTE to prior year funds per unweighted
2552	FTE shall be computed. For those school districts which have
2553	less than the legislatively assigned percentage increase, funds
2554	shall be provided to guarantee the assigned percentage increase
2555	in funds per unweighted FTE student. Should appropriated funds
2556	be less than the sum of this calculated amount for all
2557	districts, the commissioner shall prorate each district's
2558	allocation. This provision shall be implemented to the extent
2559	specifically funded.
2560	(10)(9)  TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT
2561	FOR CURRENT OPERATION.--The total annual state allocation to
2562	each district for current operation for the FEFP shall be
2563	distributed periodically in the manner prescribed in the General
2564	Appropriations Act.
2565	(a)  The basic amount for current operation for the FEFP as
2566	determined in subsection (1), multiplied by the district cost
2567	differential factor as determined in subsection (2), plus the
2568	amounts provided for categorical components within the FEFP,
2569	plus the amount for the sparsity supplement as determined in
2570	subsection (6), the decline in full-time equivalent students as
2571	determined in subsection (7), the research-based reading
2572	instruction allocation as determined in subsection (8), and the
2573	quality assurance guarantee as determined in subsection (9)(8),
2574	less the required local effort as determined in subsection (4).
2575	If the funds appropriated for the purpose of funding the total
2576	amount for current operation as provided in this paragraph are
2577	not sufficient to pay the state requirement in full, the
2578	department shall prorate the available state funds to each
2579	district in the following manner:
2580	1.  Determine the percentage of proration by dividing the
2581	sum of the total amount for current operation, as provided in
2582	this paragraph for all districts collectively, and the total
2583	district required local effort into the sum of the state funds
2584	available for current operation and the total district required
2585	local effort.
2586	2.  Multiply the percentage so determined by the sum of the
2587	total amount for current operation as provided in this paragraph
2588	and the required local effort for each individual district.
2589	3.  From the product of such multiplication, subtract the
2590	required local effort of each district; and the remainder shall
2591	be the amount of state funds allocated to the district for
2592	current operation.
2593	(b)  The amount thus obtained shall be the net annual
2594	allocation to each school district. However, if it is determined
2595	that any school district received an underallocation or
2596	overallocation for any prior year because of an arithmetical
2597	error, assessment roll change, full-time equivalent student
2598	membership error, or any allocation error revealed in an audit
2599	report, the allocation to that district shall be appropriately
2600	adjusted. Beginning with audits for the 2001-2002 fiscal year,
2601	if the adjustment is the result of an audit finding in which
2602	group 2 FTE are reclassified to the basic program and the
2603	district weighted FTE are over the weighted enrollment ceiling
2604	for group 2 programs, the adjustment shall not result in a gain
2605	of state funds to the district. If the Department of Education
2606	audit adjustment recommendation is based upon controverted
2607	findings of fact, the Commissioner of Education is authorized to
2608	establish the amount of the adjustment based on the best
2609	interests of the state.
2610	(c)  The amount thus obtained shall represent the net
2611	annual state allocation to each district; however,
2612	notwithstanding any of the provisions herein, each district
2613	shall be guaranteed a minimum level of funding in the amount and
2614	manner prescribed in the General Appropriations Act.
2615	Section 40.  Paragraph (a) of subsection (2) of section
2616	1011.64, Florida Statutes, is amended to read:
2617	1011.64  School district minimum classroom expenditure
2618	requirements.--
2619	(2)  For the purpose of implementing the provisions of this
2620	section, the Legislature shall prescribe minimum academic
2621	performance standards and minimum classroom expenditure
2622	requirements for districts not meeting such minimum academic
2623	performance standards in the General Appropriations Act.
2624	(a)  Minimum academic performance standards may be based
2625	on, but are not limited to, district performance grades
2626	determined pursuant to s. 1008.34(7)(8).
2627	Section 41.  Paragraph (b) of subsection (2) of section
2628	1011.685, Florida Statutes, is amended to read:
2629	1011.685  Class size reduction; operating categorical
2630	fund.--
2631	(2)  Class size reduction operating categorical funds shall
2632	be used by school districts for the following:
2633	(b)  For any lawful operating expenditure, if the district
2634	has met the constitutional maximums identified in s. 1003.03(1)
2635	or the reduction of two students per year required by s.
2636	1003.03(2); however, priority shall be given to increase
2637	salaries of classroom teachers as defined in s. 1012.01(2)(a)
2638	and to implement the differentiated-pay provisions detailed in
2639	s. 1012.2312 salary career ladder defined in s. 1012.231.
2640	Section 42.  Section 1011.6855, Florida Statutes, is
2641	created to read:
2642	1011.6855  Minimum pay for instructional personnel;
2643	operating categorical fund.--An operating categorical fund is
2644	created through which funds shall be used to:
2645	(1)  Provide minimum pay of $35,000 or higher as specified
2646	in the General Appropriations Act for all full-time certified
2647	instructional personnel identified in s. 1012.01(2)(a)-(d).
2648	(2)  Provide elevation funds of at least $2,000 or higher
2649	as specified in the General Appropriations Act to increase the
2650	salary of all full-time certified instructional personnel
2651	identified in s. 1012.01(2)(a)-(d) who are earning $33,000 or
2652	higher.
2653
2654	Operating categorical funds remaining after the obligations in
2655	subsections (1) and (2) have been met must be used to reduce the
2656	district average class size until the district average class
2657	size meets the requirements specified in the State Constitution.
2658	The school district may expend the funds for any lawful
2659	operating expenditure if the constitutional requirements in this
2660	section and s. 1011.685 have been met.
2661	Section 43.  Subsection (1) of section 1011.71, Florida
2662	Statutes, is amended to read:
2663	1011.71  District school tax.--
2664	(1)  If the district school tax is not provided in the
2665	General Appropriations Act or the substantive bill implementing
2666	the General Appropriations Act, each district school board
2667	desiring to participate in the state allocation of funds for
2668	current operation as prescribed by s. 1011.62(10)(9) shall levy
2669	on the taxable value for school purposes of the district,
2670	exclusive of millage voted under the provisions of s. 9(b) or s.
2671	12, Art. VII of the State Constitution, a millage rate not to
2672	exceed the amount certified by the commissioner as the minimum
2673	millage rate necessary to provide the district required local
2674	effort for the current year, pursuant to s. 1011.62(4)(a)1. In
2675	addition to the required local effort millage levy, each
2676	district school board may levy a nonvoted current operating
2677	discretionary millage. The Legislature shall prescribe annually
2678	in the appropriations act the maximum amount of millage a
2679	district may levy. The millage rate prescribed shall exceed zero
2680	mills but shall not exceed the lesser of 1.6 mills or 25 percent
2681	of the millage which is required pursuant to s. 1011.62(4),
2682	exclusive of millage levied pursuant to subsection (2).
2683	Section 44.  Subsection (6) is added to section 1012.21,
2684	Florida Statutes, to read:
2685	1012.21  Department of Education duties; K-12 personnel.--
2686	(6)  REPORTING.--The Department of Education shall annually
2687	post online the collective bargaining contracts of each school
2688	district received pursuant to s. 1012.22. The department shall
2689	prescribe the computer format for district school boards to
2690	provide the information.
2691	Section 45.  Paragraph (c) of subsection (1) of section
2692	1012.22, Florida Statutes, is amended, and subsection (3) is
2693	added to said section, to read:
2694	1012.22  Public school personnel; powers and duties of the
2695	district school board.--The district school board shall:
2696	(1)  Designate positions to be filled, prescribe
2697	qualifications for those positions, and provide for the
2698	appointment, compensation, promotion, suspension, and dismissal
2699	of employees as follows, subject to the requirements of this
2700	chapter:
2701	(c)  Compensation and salary schedules.--
2702	1.  The district school board shall adopt a salary schedule
2703	or salary schedules designed to furnish incentives for
2704	improvement in training and for continued efficient service to
2705	be used as a basis for paying all school employees and fix and
2706	authorize the compensation of school employees on the basis
2707	thereof.
2708	2.  A district school board, in determining the salary
2709	schedule for instructional personnel, must base a portion of
2710	each employee's compensation on performance demonstrated under
2711	s. 1012.34, must consider the prior teaching experience of a
2712	person who has been designated state teacher of the year by any
2713	state in the United States, and must consider prior professional
2714	experience in the field of education gained in positions in
2715	addition to district level instructional and administrative
2716	positions.
2717	3.  In developing the salary schedule, the district school
2718	board shall seek input from parents, teachers, and
2719	representatives of the business community.
2720	4.  Beginning with the 2002-2003 fiscal year, each district
2721	school board must adopt a performance-pay policy for school
2722	administrators and instructional personnel. The district's
2723	performance-pay policy is subject to negotiation as provided in
2724	chapter 447; however, the adopted salary schedule must allow
2725	school administrators and instructional personnel who
2726	demonstrate outstanding performance, as measured under s.
2727	1012.34, to earn a 5-percent supplement in addition to their
2728	individual, negotiated salary. The supplements shall be funded
2729	from the performance-pay reserve funds adopted in the salary
2730	schedule. Beginning with the 2004-2005 academic year, the
2731	district's 5-percent performance-pay policy must provide for the
2732	evaluation of classroom teachers within each level of the salary
2733	career ladder provided in s. 1012.231. The Commissioner of
2734	Education shall determine whether the district school board's
2735	adopted salary schedule complies with the requirement for
2736	performance-based pay. If the district school board fails to
2737	comply with this section, the commissioner shall withhold
2738	disbursements from the Educational Enhancement Trust Fund to the
2739	district until compliance is verified.
2740	(3)  Annually provide to the Department of Education the
2741	negotiated collective bargaining contract for the school
2742	district. The district school board shall report in the computer
2743	format prescribed by the department pursuant to s. 1012.21.
2744	Section 46.  Section 1012.2305, Florida Statutes, is
2745	created to read:
2746	1012.2305  Minimum pay for instructional personnel.--
2747	(1)  LEGISLATIVE INTENT.--The Legislature recognizes that
2748	higher pay does not guarantee quality performance in education.
2749	The Legislature also recognizes that competitive pay,
2750	differentiated pay, and performance incentives are necessary to
2751	attract and retain the highest quality teachers and that the
2752	prospect of higher pay and career opportunities are important to
2753	attract talented individuals to the field of teaching.
2754	(2)  MINIMUM PAY.--The minimum pay for full-time certified
2755	instructional personnel identified in s. 1012.01(2)(a)-(d) shall
2756	be $35,000 and shall be established by the Legislature to remain
2757	above the national average beginning pay for public school
2758	teachers.
2759	Section 47.  Section 1012.231, Florida Statutes, is
2760	repealed.
2761	Section 48.  Section 1012.2312, Florida Statutes, is
2762	created to read:
2763	1012.2312  Differentiated pay for instructional
2764	personnel.--
2765	(1)  Beginning with the 2005-2006 fiscal year, each
2766	district school board shall have a differentiated-pay policy for
2767	instructional personnel and incorporate it into the school
2768	district's salary schedule.
2769	(2)  The differentiated-pay policy may be subject to
2770	negotiation as provided in chapter 447; however, the adopted
2771	salary schedule must allow instructional personnel to receive
2772	differentiated pay based upon school district determined
2773	factors, including, but not limited to, each of the following:
2774	(a)  The subject areas taught, with classroom teachers who
2775	teach in critical shortage areas receiving higher pay.
2776	(b)  The economic demographics of the school, with
2777	instructional personnel in schools that have a majority of
2778	students who qualify for free or reduced-price lunches receiving
2779	higher pay.
2780	(c)  Additional responsibilities of instructional
2781	personnel, including, but not limited to, lead and mentoring
2782	responsibilities.
2783	(d)  A performance-pay policy that rewards high-performing
2784	instructional personnel with at least a 5-percent performance-
2785	pay incentive.
2786
2787	The differentiated pay provided in the salary schedule for each
2788	of the factors specified in paragraphs (a)-(d) shall provide an
2789	incentive and not be nominal.
2790	(3)  The Commissioner of Education shall determine whether
2791	the district school board's adopted salary schedule complies
2792	with the requirements in subsection (2). If the salary schedule
2793	does not comply, the commissioner shall recommend to the State
2794	Board of Education and the state board is authorized to withhold
2795	disbursements from the Educational Enhancement Trust Fund to the
2796	school district until the district's salary schedule is in
2797	compliance.
2798	Section 49.  Section 1012.2313, Florida Statutes, is
2799	created to read:
2800	1012.2313  Differentiated pay for school administrators.--
2801	(1)  Beginning with the 2005-2006 fiscal year, each
2802	district school board shall have a differentiated-pay policy for
2803	school administrators and incorporate it into the school
2804	district's salary schedule.
2805	(2)  The adopted salary schedule must allow school
2806	administrators to receive differentiated pay based upon school
2807	district determined factors, including, but not limited to, each
2808	of the following:
2809	(a)  The economic demographics of the school, with school
2810	administrators in schools that have a majority of students who
2811	qualify for free or reduced-price lunches receiving higher pay.
2812	(b)  A performance-pay policy that rewards high-performing
2813	school administrators with at least a 5-percent performance-pay
2814	incentive.
2815
2816	The differentiated pay provided in the salary schedule for each
2817	of the factors specified in paragraphs (a) and (b) shall provide
2818	an incentive and not be nominal.
2819	(3)  The Commissioner of Education shall determine whether
2820	the district school board's adopted salary schedule complies
2821	with the requirements in subsection (2). If the salary schedule
2822	does not comply, the commissioner shall recommend to the State
2823	Board of Education and the state board is authorized to withhold
2824	disbursements from the Educational Enhancement Trust Fund to the
2825	school district until the district's salary schedule is in
2826	compliance.
2827	Section 50.  Section 1012.2315, Florida Statutes, is
2828	created to read:
2829	1012.2315  Assignment of teachers.--
2830	(1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature
2831	finds disparity between teachers assigned to teach in a majority
2832	of "A" schools compared to teachers assigned to teach in a
2833	majority of "F" schools. The disparity can be found in the
2834	average years of experience, median salary, and the performance
2835	of the teachers on teacher certification examinations. It is the
2836	intent of the Legislature that district school boards have
2837	flexibility through the collective bargaining process to assign
2838	teachers more equitably across the schools in the district.
2839	(2)  ASSIGNMENT TO "D" and "F" SCHOOLS.--School districts
2840	may not assign a higher percentage than the school district
2841	average of first-time teachers, temporarily certified teachers,
2842	teachers in need of improvement, or out-of-field teachers to
2843	schools with above the school district average of minority and
2844	economically disadvantaged students or schools that are graded
2845	"D" or "F." Each school district shall annually certify to the
2846	Commissioner of Education that this requirement has been met. If
2847	the commissioner determines that a school district is not in
2848	compliance with this subsection, the State Board of Education
2849	shall be notified and shall take action pursuant to s. 1008.32
2850	in the next regularly scheduled meeting to require compliance.
2851	(3)  SALARY INCENTIVES.--District school boards are
2852	authorized to provide salary incentives to meet the requirement
2853	of subsection (2). No district school board shall sign a
2854	collective bargaining agreement that precludes the school
2855	district from providing sufficient incentives to meet this
2856	requirement.
2857	(4)  COLLECTIVE BARGAINING.--Notwithstanding provisions of
2858	chapter 447 relating to district school board collective
2859	bargaining, collective bargaining provisions may not preclude a
2860	school district from providing incentives to high-quality
2861	teachers and assigning such teachers to low-performing schools.
2862	Section 51.  Subsection (2) of section 1012.27, Florida
2863	Statutes, is amended to read:
2864	1012.27  Public school personnel; powers and duties of
2865	district school superintendent.--The district school
2866	superintendent is responsible for directing the work of the
2867	personnel, subject to the requirements of this chapter, and in
2868	addition the district school superintendent shall perform the
2869	following:
2870	(2)  COMPENSATION AND SALARY SCHEDULES.--Prepare and
2871	recommend to the district school board for adoption a salary
2872	schedule or salary schedules. The district school superintendent
2873	must recommend a salary schedule for instructional personnel
2874	which bases a portion of each employee's compensation on
2875	performance demonstrated under s. 1012.34. In developing the
2876	recommended salary schedule, the district school superintendent
2877	shall include input from parents, teachers, and representatives
2878	of the business community. Beginning with the 2005-2006 2004-
2879	2005 academic year, the recommended salary schedule for
2880	classroom teachers shall be consistent with the district's
2881	differentiated-pay policy career ladder based upon s. 1012.2312
2882	1012.231.
2883	Section 52.  Paragraph (a) of subsection (3) of section
2884	1012.34, Florida Statutes, is amended to read:
2885	1012.34  Assessment procedures and criteria.--
2886	(3)  The assessment procedure for instructional personnel
2887	and school administrators must be primarily based on the
2888	performance of students assigned to their classrooms or schools,
2889	as appropriate. Pursuant to this section, a school district's
2890	performance assessment is not limited to basing unsatisfactory
2891	performance of instructional personnel and school administrators
2892	upon student performance, but may include other criteria
2893	approved to assess instructional personnel and school
2894	administrators' performance, or any combination of student
2895	performance and other approved criteria. The procedures must
2896	comply with, but are not limited to, the following requirements:
2897	(a)  An assessment must be conducted for each employee at
2898	least once a year. The assessment must be based upon sound
2899	educational principles and contemporary research in effective
2900	educational practices. The assessment must primarily use data
2901	and indicators of improvement in student performance assessed
2902	annually as specified in s. 1008.22 and may consider results of
2903	peer reviews in evaluating the employee's performance. Student
2904	performance must be measured by state assessments required under
2905	s. 1008.22 and by local assessments for subjects and grade
2906	levels not measured by the state assessment program. The
2907	assessment criteria must include, but are not limited to,
2908	indicators that relate to the following:
2909	1.  Performance of students.
2910	2.  Ability to maintain appropriate discipline.
2911	3.  Knowledge of subject matter. The district school board
2912	shall make special provisions for evaluating teachers who are
2913	assigned to teach out-of-field.
2914	4.  Ability to plan and deliver instruction, including
2915	implementation of the rigorous reading requirement pursuant to
2916	s. 1003.415, when applicable, and the use of technology in the
2917	classroom.
2918	5.  Ability to evaluate instructional needs.
2919	6.  Ability to establish and maintain a positive
2920	collaborative relationship with students' families to increase
2921	student achievement.
2922	7.  Other professional competencies, responsibilities, and
2923	requirements as established by rules of the State Board of
2924	Education and policies of the district school board.
2925	Section 53.  Section 1012.986, Florida Statutes, is created
2926	to read:
2927	1012.986  A+ Professional Development Program for School
2928	Leaders.--
2929	(1)  ESTABLISHMENT.--There is established the A+
2930	Professional Development Program for School Leaders, a
2931	high-quality, competency-based, customized, comprehensive, and
2932	coordinated statewide professional development program that is
2933	aligned with the leadership standards for school leaders adopted
2934	by the State Board of Education. The program shall be
2935	administered by the Department of Education and shall provide
2936	leadership training opportunities for school leaders to enable
2937	them to be more effective instructional leaders, especially in
2938	the area of reading. The program shall provide school leaders
2939	with the opportunity to attain a school leadership designation
2940	pursuant to subsection (3).
2941	(2)  DEFINITION.--As used in this section, the term "school
2942	leader" means a school principal or assistant principal holding
2943	a valid Florida certificate in educational leadership.
2944	(3)  DESIGNATIONS.--The Department of Education shall
2945	develop criteria for designating high-performing school leaders
2946	as A+ Emerging School Leaders, A+ High-Performing School
2947	Leaders, or A+ Sterling School Leaders. The criteria must
2948	emphasize student learning gains, especially in high schools.
2949	(4)  PROGRAM REQUIREMENTS.--
2950	(a)  The program shall be based upon the leadership
2951	standards adopted by the State Board of Education, the standards
2952	of the National Staff Development Council, and the federal
2953	requirements for high-quality professional development under the
2954	No Child Left Behind Act of 2001.
2955	(b)  The program shall provide a competency-based approach
2956	that utilizes prediagnostic and postdiagnostic evaluations that
2957	shall be used to create an individualized professional
2958	development plan approved by the district school superintendent.
2959	The plan shall be structured to support the school leader's
2960	attainment of the leadership standards adopted by the State
2961	Board of Education.
2962	(c)  The program shall incorporate instructional leadership
2963	training and effective business practices for efficient school
2964	operations in school leadership training.
2965	(5)  DELIVERY SYSTEM.--The Department of Education shall
2966	deliver the program through multiple delivery systems,
2967	including:
2968	(a)  Approved school district training programs.
2969	(b)  Interactive technology-based instruction.
2970	(c)  State, regional, or local leadership academies.
2971	(6)  RULES.--The State Board of Education shall adopt rules
2972	pursuant to ss. 120.536(1) and 120.54 to implement the
2973	provisions of this section.
2974	Section 54.  Section 1012.987, Florida Statutes, is
2975	repealed.
2976	Section 55.  Section 1013.381, Florida Statutes, is created
2977	to read:
2978	1013.381  Indoor environmental quality.--
2979	(1)  Each district school board shall adopt and implement
2980	an indoor environmental quality policy which shall provide
2981	procedures for periodic surveys of indoor environmental quality
2982	issues. The policy may:
2983	(a)  Be developed and implemented in accordance with the
2984	United States Environmental Protection Agency's Indoor Air
2985	Quality Tools for Schools Program through which training and
2986	materials shall be provided by the United States Environmental
2987	Protection Agency at no cost to a school or school district.
2988	(b)  Require that the school district provide, monitor, and
2989	maintain indoor environmental condition performance in
2990	accordance with American Society of Heating, Refrigerating and
2991	Air-Conditioning Engineers (ASHRAE) Standard 62.
2992	(c)  Require that educational facilities be certified
2993	semiannually by a professional engineer as meeting ASHRAE
2994	Standard 62. Upon certification, the school district shall be
2995	indemnified for the life of the certificate from liability
2996	related to indoor environmental quality. A school district shall
2997	provide a copy of the engineer's certification to the
2998	Commissioner of Education.
2999	(2)  Each school participating in the Indoor Air Quality
3000	Tools for Schools Program training must display its certificate
3001	of completion in a conspicuous manner.
3002	(3)  The State Board of Education shall adopt rules to
3003	implement the provisions of this section.
3004	Section 56.  Subsection (6) of section 1013.512, Florida
3005	Statutes, is amended to read:
3006	1013.512  Land Acquisition and Facilities Advisory Board.--
3007	(6)  Upon certification by the advisory board that
3008	corrective action has been taken, the Legislative Budget
3009	Commission shall release all funds remaining in reserve. Upon
3010	such release, each Land Acquisition and Facilities Advisory
3011	Board shall be disbanded.
3012	Section 57.  Charter School Task Force.--
3013	(1)  The Charter School Task Force is established to study
3014	and make recommendations regarding charter schools in the state.
3015	(2)  The task force shall, at a minimum:
3016	(a)  Review current application and sponsorship procedures
3017	used throughout the state for the approval of charter schools.
3018	(b)  Examine the sponsorship and organizational structure
3019	of charter schools in other states.
3020	(c)  Investigate alternative means available in the state
3021	to implement changes in the sponsorship of charter schools.
3022	(d)  Review capital outlay funding for charter schools.
3023	(e)  Determine the necessity and most effective methods for
3024	the State Board of Education to sanction school districts and
3025	charter schools for violation of charter school procedural
3026	requirements.
3027	(f)  Conduct meetings throughout the state to receive
3028	public input and consider policy recommendations on issues
3029	related to charter schools.
3030	(g)  Issue a final report and recommendations by December
3031	31, 2005, to the Governor, the President of the Senate, and the
3032	Speaker of the House of Representatives.
3033	(3)  The task force shall consist of:
3034	(a)  Up to four members of the House of Representatives
3035	appointed by the Speaker of the House of Representatives.
3036	(b)  Up to four members of the Senate appointed by the
3037	President of the Senate.
3038	(c)  Five charter school stakeholders appointed by the
3039	Governor. The members shall include a representative of a
3040	charter school, a representative of a school district, a
3041	representative of a statewide association, and a representative
3042	with experience in charter school law and may include the
3043	Commissioner of Education or his or her designee.
3044	(4)  The Governor shall appoint the chair of the task force
3045	from among the appointed members.
3046	(5)  Task force members shall serve without compensation
3047	but are entitled to reimbursement, pursuant to s. 112.061,
3048	Florida Statutes, for per diem and travel expenses incurred in
3049	the performance of their official duties.
3050	(6)  The Department of Education shall provide staff
3051	support for the task force.
3052	Section 58.  If any provision of this act or the
3053	application thereof to any person or circumstance is held
3054	invalid, the invalidity shall not affect other provisions or
3055	applications of the act which can be given effect without the
3056	invalid provision or application and, to this end, the
3057	provisions of this act are declared severable.
3058	Section 59.  This act shall take effect upon becoming a
3059	law, except that ss. 1003.035, 1011.6855 and 1012.2305, Florida
3060	Statutes, as created by this act, shall take effect on the
3061	effective date of an amendment to s.1, Art. IX of the State
3062	Constitution approved by the electors that requires district
3063	average maximum class sizes and minimum pay for teachers.
3064
3065	================= T I T L E  A M E N D M E N T =================
3066	Remove lines 1-271 and insert:
3067	A bill to be entitled
3068	An act relating to education; amending s. 20.15, F.S.;
3069	establishing the Division of Accountability, Research, and
3070	Measurement in the Department of Education; amending s.
3071	1000.01, F.S.; conforming provisions relating to the
3072	repeal of the Council for Education Policy Research and
3073	Improvement; amending s. 1001.03, F.S.; requiring the
3074	State Board of Education to review the Sunshine State
3075	Standards and provide a report evaluating the extent to
3076	which the standards are being taught; amending s. 1001.11,
3077	F.S.; conforming provisions relating to the repeal of the
3078	Council for Education Policy Research and Improvement;
3079	providing duties of the department relating to education
3080	goals; creating s. 1001.215, F.S.; creating the Just Read,
3081	Florida! Office in the Department of Education; providing
3082	duties; amending s. 1001.41, F.S.; requiring district
3083	school boards to adopt policies to provide each student a
3084	complete education program; amending s. 1001.42, F.S.;
3085	providing requirements for each district school board's
3086	system of school improvement and student progression;
3087	providing components to increase student achievement;
3088	conforming provisions relating to deletion of a rigorous
3089	reading requirement and the designation of school grades;
3090	amending s. 1002.20, F.S.; conforming a cross reference
3091	and provisions relating to educational choice; amending s.
3092	1002.38, F.S.; conforming provisions relating to the
3093	designation of school grades and revising the date for
3094	request of an Opportunity Scholarship; creating s.
3095	1002.421, F.S., relating to rights and obligations of
3096	private schools participating in state school choice
3097	scholarship programs; providing requirements for
3098	participation in a scholarship program, including
3099	compliance with specified state, local, and federal laws
3100	and demonstration of fiscal soundness; requiring
3101	restrictive endorsement of checks and prohibiting a school
3102	from acting as attorney in fact; requiring employment of
3103	qualified teachers and background screening of individuals
3104	with direct student contact; requiring adoption of rules;
3105	amending s. 1003.01, F.S.; revising definition of the term
3106	"special education services"; amending s. 1003.03, F.S.;
3107	modifying implementation provisions relating to
3108	constitutional class size requirements; creating s.
3109	1003.035, F.S.; providing class size requirements based on
3110	district average contingent upon constitutional amendment;
3111	providing implementation and calculation requirements;
3112	specifying options to meet class size requirements;
3113	authorizing transfer of funds for class size reduction;
3114	requiring certain actions by school districts not in
3115	compliance; requiring constitutional compliance plans in
3116	certain instances; amending s. 1003.05, F.S.; deleting the
3117	requirement that certain children receive preference for
3118	admission to special academic programs even if maximum
3119	enrollment has been reached; removing charter schools from
3120	the definition of special academic programs; creating s.
3121	1003.413, F.S.; requiring each school district to
3122	establish policies to assist high school students to
3123	remain in school, graduate on time, and be prepared for
3124	postsecondary education and the workplace; directing the
3125	Commissioner of Education to create and implement the
3126	Challenge High School Recognition Program; creating the
3127	High School Reform Task Force and providing for
3128	appointment of members; requiring recommendation of a
3129	long-term plan relating to high school reform and
3130	specifying items to be addressed; providing for
3131	termination of the task force; amending s. 1003.415, F.S.;
3132	providing the mission of middle grades; deleting the
3133	rigorous reading requirement for middle grade students;
3134	deleting obsolete language relating to a department study;
3135	creating s. 1003.4155, F.S.; specifying the grading scale
3136	for grades 6 through 8; creating s. 1003.4156, F.S.;
3137	specifying general requirements for middle school
3138	promotion; requiring an intensive reading course under
3139	certain circumstances; defining an academic credit;
3140	requiring school district policies and authorizing
3141	alternative methods for progression; requiring adoption of
3142	rules for alternative promotion standards; amending s.
3143	1003.42, F.S.; revising provisions relating to required
3144	instruction and courses of study in the public schools;
3145	including study of the history of the United States and
3146	free enterprise; amending s. 1003.43, F.S., relating to
3147	general requirements for high school graduation; including
3148	study of the Declaration of Independence in the credit
3149	requirement for American government; amending s. 1003.57,
3150	F.S.; providing guidelines for determining the residency
3151	of an exceptional student with a disability who resides in
3152	a residential facility and receives special instruction or
3153	services; requiring the placing authority in a parent's
3154	state of residence to pay the cost of such instruction,
3155	facilities, and services for a nonresident exceptional
3156	student with a disability; providing requirements of the
3157	department and school districts with respect to financial
3158	obligations; providing responsibilities of residential
3159	facilities that educate exceptional students with
3160	disabilities; providing applicability; defining the term
3161	"parent" for purposes of the section; authorizing adoption
3162	of rules; creating s. 1003.575, F.S.; requiring the
3163	department to coordinate the development of an individual
3164	education plan form for use in developing and implementing
3165	individual education plans for exceptional students;
3166	requiring the form to be available to school districts to
3167	facilitate the use of an individual education plan when a
3168	student transfers; amending s. 1003.58, F.S.; correcting a
3169	cross reference; amending s. 1003.62, F.S.; conforming
3170	provisions relating to the designation of school grades
3171	and differentiated-pay policies; amending ss. 1005.22 and
3172	1007.33, F.S.; conforming provisions relating to the
3173	repeal of the Council for Education Policy Research and
3174	Improvement; amending s. 1008.22, F.S.; specifying grade
3175	level and subject area testing requirements; requiring the
3176	State Board of Education to conduct concordance studies to
3177	determine FCAT equivalencies for high school graduation;
3178	deleting a limitation on and specifying requirements for
3179	the use of alternative assessments to the grade 10 FCAT;
3180	requiring an annual report on student performance;
3181	amending s. 1008.25, F.S.; authorizing district school
3182	boards to require low-performing students to attend
3183	remediation programs outside of regular school hours;
3184	requiring the department to establish a uniform format for
3185	reporting information relating to student progression;
3186	requiring an annual report; repealing s. 1008.301, F.S.,
3187	relating to a concordance study of FCAT equivalencies for
3188	high school graduation; amending s. 1008.31, F.S.;
3189	deleting provisions relating to performance-based funding;
3190	revising goals and measures of the K-20 performance
3191	accountability system and requiring data quality
3192	improvement; providing for development of reporting and
3193	data collection requirements; requiring adoption of rules;
3194	amending s. 1008.33, F.S.; conforming provisions relating
3195	to the designation of school grades and a cross reference;
3196	authorizing district school boards to transfer teachers,
3197	faculty, and staff as needed; amending s. 1008.34, F.S.;
3198	revising terminology and provisions relating to
3199	designation and determination of school grades; specifying
3200	use of assessment data with respect to alternative
3201	schools; defining the term "home school"; requiring an
3202	annual school report card to be published by the
3203	department and distributed by school districts; creating
3204	s. 1008.341, F.S.; requiring improvement ratings for
3205	certain alternative schools; providing the basis for such
3206	ratings and requiring annual performance reports;
3207	providing for determination of school improvement ratings,
3208	identification of learning gains, and eligibility for
3209	school recognition awards; requiring an annual report card
3210	to be developed by the department and distributed by
3211	school districts; requiring adoption of rules; amending s.
3212	1008.345, F.S.; conforming provisions relating to the
3213	designation of school grades and a cross reference;
3214	amending s. 1008.36, F.S.; providing for assignment of
3215	school grades to certain feeder pattern schools that do
3216	not receive such a grade for purposes of participation in
3217	the Florida School Recognition Program; defining feeder
3218	school pattern; modifying procedures for determination and
3219	use of school recognition awards; amending s. 1008.45,
3220	F.S.; conforming provisions relating to the repeal of the
3221	Council for Education Policy Research and Improvement;
3222	repealing s. 1008.51, F.S., relating to the Council for
3223	Education Policy Research and Improvement; amending s.
3224	1011.62, F.S.; providing FTE funding for juveniles
3225	enrolled in a specified education program; providing
3226	funding for supplemental educational services for certain
3227	students; conforming cross references and provisions
3228	relating to the designation of school grades; establishing
3229	a research-based reading instruction allocation to provide
3230	funds for a comprehensive reading instruction system;
3231	requiring school district plans for use of the allocation
3232	and approval thereof; including the allocation in the
3233	total amount allocated to each school district for current
3234	operation; amending s. 1011.64, F.S.; conforming
3235	terminology and cross references; amending s. 1011.685,
3236	F.S.; conforming provisions relating to the repeal of the
3237	BEST Florida Teaching salary career ladder program and
3238	implementation of a differentiated-pay policy; creating s.
3239	1011.6855, F.S.; creating an operating categorical fund to
3240	fund minimum pay requirements for certain instructional
3241	personnel contingent upon constitutional amendment;
3242	amending s. 1011.71, F.S.; correcting a cross reference;
3243	amending s. 1012.21, F.S.; requiring the department to
3244	annually post online school district collective bargaining
3245	contracts; amending s. 1012.22, F.S.; deleting a
3246	requirement that each district school board adopt a
3247	performance-pay policy; requiring each district school
3248	board to annually provide its negotiated collective
3249	bargaining contract to the department; creating s.
3250	1012.2305, F.S.; establishing minimum pay for certain
3251	instructional personnel contingent upon constitutional
3252	amendment; repealing s. 1012.231, F.S., relating to the
3253	BEST Florida Teaching salary career ladder program;
3254	creating s. 1012.2312, F.S.; requiring each district
3255	school board to adopt a differentiated-pay policy for
3256	instructional personnel; providing factors on which
3257	differentiated pay shall be based; authorizing funds to be
3258	withheld from school districts under certain
3259	circumstances; creating s. 1012.2313, F.S.; requiring each
3260	district school board to have a differentiated-pay policy
3261	for school administrators; providing factors on which
3262	differentiated pay shall be based; authorizing funds to be
3263	withheld from school districts under certain
3264	circumstances; creating s. 1012.2315, F.S.; providing
3265	school district requirements for the assignment of
3266	teachers and authorizing incentives; providing procedures
3267	for noncompliance; providing requirements relating to
3268	collective bargaining; amending s. 1012.27, F.S.;
3269	conforming provisions relating to the repeal of the BEST
3270	Florida Teaching salary career ladder program and
3271	implementation of a differentiated-pay policy; amending s.
3272	1012.34, F.S.; conforming provisions relating to deletion
3273	of a rigorous reading requirement; creating s. 1012.986,
3274	F.S.; establishing the A+ Professional Development Program
3275	for School Leaders; defining the term "school leader";
3276	establishing school leadership designations; providing
3277	program requirements and delivery systems; requiring
3278	adoption of rules; repealing s. 1012.987, F.S., relating
3279	to rules for a leadership designation; creating s.
3280	1013.381, F.S.; requiring each district school board to
3281	adopt and implement an indoor environmental quality policy
3282	which provides for periodic surveys; providing that the
3283	policy may include certain requirements; providing for
3284	indemnification under certain circumstances; requiring
3285	display of indoor environmental quality training
3286	completion; requiring adoption of rules; amending s.
3287	1013.512, F.S.; requiring the release of funds remaining
3288	in reserve relating to school district land acquisition
3289	and facilities operations; specifying when a Land
3290	Acquisition and Facilities Advisory Board shall be
3291	disbanded; establishing the Charter School Task Force and
3292	specifying composition and duties; requiring the
3293	department to provide staff support to the task force;
3294	providing severability; providing effective dates.
3295
3296	WHEREAS, students will have the best opportunity to obtain
3297	a high-quality education in the public education system of this
3298	state, and that system can best be enhanced, when resources are
3299	allocated efficiently and are concentrated to enhance a safe,
3300	secure, and disciplined classroom learning environment, when
3301	teachers and principals are supported, when high-quality
3302	education is reinforced through shared high academic
3303	expectations, and when successes are rewarded, failures are
3304	identified, and the public is apprised of both successes and
3305	failures, NOW, THEREFORE,

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