(LATE FILED)	Amendment
Bill No. 0903

Amendment No. 890769

CHAMBER ACTION
Senate		House
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1	Representative(s) Bendross-Mindingall offered the following:
2
3	Amendment (with title amendment)
4	Between line(s) 68 and 69 insert:
5	Section 2.  Subsections (5), (6), and (7) of section
6	1008.25, Florida Statutes, are amended to read:
7	1008.25  Public school student progression; remedial
8	instruction; reporting requirements.--
9	(5)  READING DEFICIENCY AND PARENTAL NOTIFICATION.--
10	(a)  It is the ultimate goal of the Legislature that every
11	student read at or above grade level. Any student who exhibits a
12	substantial deficiency in reading, based upon locally determined
13	or statewide assessments conducted in kindergarten or grade 1,
14	grade 2, or grade 3, or grade 4, or through teacher
15	observations, must be given intensive reading instruction
16	immediately following the identification of the reading
17	deficiency. The student's reading proficiency must be reassessed
18	by locally determined assessments or through teacher
19	observations at the beginning of the grade following the
20	intensive reading instruction. The student must continue to be
21	provided with intensive reading instruction until the reading
22	deficiency is remedied.
23	(b)  Beginning with the 2005-2006 2002-2003 school year, if
24	the student's reading deficiency, as identified in paragraph
25	(a), is not remedied by the end of grade 4 3, as demonstrated by
26	statewide assessment testing in reading and by teacher
27	observation of a deficiency in reading scoring at Level 2 or
28	higher on the statewide assessment test in reading for grade 3,
29	the student must be retained.
30	(c)  The parent of any student who exhibits a substantial
31	deficiency in reading, as described in paragraph (a), must be
32	notified in writing of the following:
33	1.  That his or her child has been identified as having a
34	substantial deficiency in reading.
35	2.  A description of the current services that are provided
36	to the child.
37	3.  A description of the proposed supplemental
38	instructional services and supports that will be provided to the
39	child that are designed to remediate the identified area of
40	reading deficiency.
41	4.  That if the child's reading deficiency is not
42	remediated by the end of grade 4 3, the child must be retained
43	unless he or she is exempt from mandatory retention for good
44	cause.
45	5.  Strategies for parents to use in helping their child
46	succeed in reading proficiency.
47	6.  That the Florida Comprehensive Assessment Test (FCAT)
48	is not the sole determiner of promotion and that additional
49	evaluations, portfolio reviews, and assessments are available to
50	the child to assist parents and the school district in knowing
51	when a child is reading at or above grade level and ready for
52	grade promotion.
53	7.  The district's specific criteria and policies for
54	midyear promotion. Midyear promotion means promotion of a
55	retained student at any time during the year of retention once
56	the student has demonstrated ability to read at grade level.
57	(6)  ELIMINATION OF SOCIAL PROMOTION.--
58	(a)  No student may be assigned to a grade level based
59	solely on age or other factors that constitute social promotion.
60	(b)  The district school board may only exempt students
61	from mandatory retention, as provided in paragraph (5)(b), for
62	good cause. Good cause exemptions shall be limited to the
63	following:
64	1.  Limited English proficient students who have had less
65	than 2 years of instruction in an English for Speakers of Other
66	Languages program.
67	2.  Students with disabilities whose individual education
68	plan indicates that participation in the statewide assessment
69	program is not appropriate, consistent with the requirements of
70	State Board of Education rule.
71	3.  Students who demonstrate an acceptable level of
72	performance on an alternative standardized reading assessment
73	approved by the State Board of Education.
74	4.  Students who demonstrate, through a student portfolio,
75	that the student is reading on grade level as evidenced by
76	demonstration of mastery of the Sunshine State Standards in
77	reading equal to at least a Level 2 performance on the FCAT.
78	5.  Students with disabilities who participate in the FCAT
79	and who have an individual education plan or a Section 504 plan
80	that reflects that the student has received the intensive
81	remediation in reading, as required by paragraph (4)(b), for
82	more than 2 years but still demonstrates a deficiency in reading
83	and was previously retained in kindergarten, grade 1, grade 2,
84	or grade 3, or grade 4.
85	6.  Students who have received the intensive remediation in
86	reading as required by paragraph (4)(b) for 2 or more years but
87	still demonstrate a deficiency in reading and who were
88	previously retained in kindergarten, grade 1, grade 2, or grade
89	3, or grade 4 for a total of 2 years. Intensive reading
90	instruction for students so promoted must include an altered
91	instructional day based upon an academic improvement plan that
92	includes specialized diagnostic information and specific reading
93	strategies for each student. The district school board shall
94	assist schools and teachers to implement reading strategies that
95	research has shown to be successful in improving reading among
96	low-performing readers.
97	(c)  Requests for good cause exemptions for students from
98	the mandatory retention requirement as described in
99	subparagraphs (b)3. and 4. shall be made consistent with the
100	following:
101	1.  Documentation shall be submitted from the student's
102	teacher to the school principal that indicates that the
103	promotion of the student is appropriate and is based upon the
104	student's academic record. In order to minimize paperwork
105	requirements, such documentation shall consist only of the
106	existing academic improvement plan, individual educational plan,
107	if applicable, report card, or student portfolio.
108	2.  The school principal shall review and discuss such
109	recommendation with the teacher and make the determination as to
110	whether the student should be promoted or retained. If the
111	school principal determines that the student should be promoted,
112	the school principal shall make such recommendation in writing
113	to the district school superintendent. The district school
114	superintendent shall accept or reject the school principal's
115	recommendation in writing.
116	(7)  SUCCESSFUL PROGRESSION FOR RETAINED READERS.--
117	(a)  Students retained under the provisions of paragraph
118	(5)(b) must be provided intensive interventions in reading to
119	ameliorate the student's specific reading deficiency, as
120	identified by a valid and reliable diagnostic assessment. This
121	intensive intervention must include effective instructional
122	strategies, participation in the school district's summer
123	reading camp, and appropriate teaching methodologies necessary
124	to assist those students in becoming successful readers, able to
125	read at or above grade level, and ready for promotion to the
126	next grade.
127	(b)  Beginning with the 2005-2006 2004-2005 school year,
128	each school district shall:
129	1.  Conduct a review of student academic improvement plans
130	for all students who did not score above Level 1 on the reading
131	portion of the FCAT and did not meet the criteria for one of the
132	good cause exemptions in paragraph (6)(b). The review shall
133	address additional supports and services, as described in this
134	subsection, needed to remediate the identified areas of reading
135	deficiency. The school district shall require a student
136	portfolio to be completed for each such student.
137	2.  Provide students who are retained under the provisions
138	of paragraph (5)(b) with intensive instructional services and
139	supports to remediate the identified areas of reading
140	deficiency, including a minimum of 90 minutes of daily,
141	uninterrupted, scientifically research-based reading instruction
142	and other strategies prescribed by the school district, which
143	may include, but are not limited to:
144	a.  Small group instruction.
145	b.  Reduced teacher-student ratios.
146	c.  More frequent progress monitoring.
147	d.  Tutoring or mentoring.
148	e.  Transition classes containing 4th and 5th 3rd and 4th
149	grade students.
150	f.  Extended school day, week, or year.
151	g.  Summer reading camps.
152	3.  Provide written notification to the parent of any
153	student who is retained under the provisions of paragraph (5)(b)
154	that his or her child has not met the proficiency level required
155	for promotion and the reasons the child is not eligible for a
156	good cause exemption as provided in paragraph (6)(b). The
157	notification must comply with the provisions of s. 1002.20(14)
158	and must include a description of proposed interventions and
159	supports that will be provided to the child to remediate the
160	identified areas of reading deficiency.
161	4.  Implement a policy for the midyear promotion of any
162	student retained under the provisions of paragraph (5)(b) who
163	can demonstrate that he or she is a successful and independent
164	reader, reading at or above grade level, and ready to be
165	promoted to grade 5 4. Tools that school districts may use in
166	reevaluating any student retained may include subsequent
167	assessments, alternative assessments, and portfolio reviews, in
168	accordance with rules of the State Board of Education. Students
169	promoted during the school year after November 1 must
170	demonstrate proficiency above that required to score at Level 2
171	on the grade 3 FCAT, as determined by the State Board of
172	Education. The State Board of Education shall adopt standards
173	that provide a reasonable expectation that the student's
174	progress is sufficient to master appropriate 5th 4th grade level
175	reading skills.
176	5.  Provide students who are retained under the provisions
177	of paragraph (5)(b) with a high-performing teacher as determined
178	by student performance data and above-satisfactory performance
179	appraisals.
180	6.  In addition to required reading enhancement and
181	acceleration strategies, provide parents of students to be
182	retained with at least one of the following instructional
183	options:
184	a.  Supplemental tutoring in scientifically research-based
185	reading services in addition to the regular reading block,
186	including tutoring before and/or after school.
187	b.  A "Read at Home" plan outlined in a parental contract,
188	including participation in "Families Building Better Readers
189	Workshops" and regular parent-guided home reading.
190	c.  A mentor or tutor with specialized reading training.
191	7.  Establish a Reading Enhancement and Acceleration
192	Development (READ) Initiative. The focus of the READ Initiative
193	shall be to prevent the retention of grade 4 3 students and to
194	offer intensive accelerated reading instruction to grade 4 3
195	students who failed to meet standards for promotion to grade 5 4
196	and to each K-4 K-3 student who is assessed as exhibiting a
197	reading deficiency. The READ Initiative shall:
198	a.  Be provided to all K-4 K-3 students at risk of
199	retention as identified by the statewide assessment system used
200	in Reading First schools. The assessment must measure phonemic
201	awareness, phonics, fluency, vocabulary, and comprehension.
202	b.  Be provided during regular school hours in addition to
203	the regular reading instruction.
204	c.  Provide a state-identified reading curriculum that has
205	been reviewed by the Florida Center for Reading Research at
206	Florida State University and meets, at a minimum, the following
207	specifications:
208	(I)  Assists students assessed as exhibiting a reading
209	deficiency in developing the ability to read at grade level.
210	(II)  Provides skill development in phonemic awareness,
211	phonics, fluency, vocabulary, and comprehension.
212	(III)  Provides scientifically based and reliable
213	assessment.
214	(IV)  Provides initial and ongoing analysis of each
215	student's reading progress.
216	(V)  Is implemented during regular school hours.
217	(VI)  Provides a curriculum in core academic subjects to
218	assist the student in maintaining or meeting proficiency levels
219	for the appropriate grade in all academic subjects.
220	8.  Establish at each school, where applicable, an
221	Intensive Acceleration Class for retained grade 4 3 students who
222	subsequently score at Level 1 on the reading portion of the
223	FCAT. The focus of the Intensive Acceleration Class shall be to
224	increase a child's reading level at least two grade levels in 1
225	school year. The Intensive Acceleration Class shall:
226	a.  Be provided to any student in grade 4 3 who scores at
227	Level 1 on the reading portion of the FCAT and who was retained
228	in grade 4 3 the prior year because of scoring at Level 1 on the
229	reading portion of the FCAT.
230	b.  Have a reduced teacher-student ratio.
231	c.  Provide uninterrupted reading instruction for the
232	majority of student contact time each day and incorporate
233	opportunities to master the grade 5 4 Sunshine State Standards
234	in other core subject areas.
235	d.  Use a reading program that is scientifically research-
236	based and has proven results in accelerating student reading
237	achievement within the same school year.
238	e.  Provide intensive language and vocabulary instruction
239	using a scientifically research-based program, including use of
240	a speech-language therapist.
241	f.  Include weekly progress monitoring measures to ensure
242	progress is being made.
243	g.  Report to the Department of Education, in the manner
244	described by the department, the progress of students in the
245	class at the end of the first semester.
246	9.  Report to the State Board of Education, as requested,
247	on the specific intensive reading interventions and supports
248	implemented at the school district level. The Commissioner of
249	Education shall annually prescribe the required components of
250	requested reports.
251	10.  Provide a student who has been retained in grade 4 3
252	and has received intensive instructional services but is still
253	not ready for grade promotion, as determined by the school
254	district, the option of being placed in a transitional
255	instructional setting. Such setting shall specifically be
256	designed to produce learning gains sufficient to meet grade 5 4
257	performance standards while continuing to remediate the areas of
258	reading deficiency.
259
260	================ T I T L E  A M E N D M E N T =============
261	Remove line(s) 6-11 and insert:
262	An act relating to public schools; amending s. 1003.03, F.S.;
263	revising provisions relating to determination of class size
264	averages for purpose of compliance with class size maximums;
265	providing for reversal of class size reduction operating
266	categorical transfers under certain circumstances; amending s.
267	1008.25, F.S.; revising provisions relating to mandatory
268	retention in the public schools; providing for mandatory
269	retention at the end of grade 4 based on reading deficiency
270	demonstrated by statewide assessment testing and teacher
271	observation; conforming provisions relating to intensive
272	interventions in reading for retained students; providing an

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