HB 0907

1	A bill to be entitled
2	An act relating to public school accountability; providing
3	a popular name; amending s. 1008.34, F.S.; revising school
4	performance grade categories; revising requirements for
5	obtaining increased budget authority by schools; revising
6	the method for determining school performance grades;
7	providing for public hearings relating to the adoption of
8	school performance grade requirements; amending s.
9	1008.36, F.S.; renaming the Florida School Recognition
10	Program as the Students First Program and revising
11	provisions thereof; providing program components;
12	providing for the use of Students First Program funds;
13	providing duties of the Department of Education; providing
14	an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  This act may be cited as the "Students First
19	Act."
20	Section 2.  Subsections (2), (3), and (4) of section
21	1008.34, Florida Statutes, are amended to read:
22	1008.34  School grading system; district performance
23	grade.--
24	(2)  SCHOOL PERFORMANCE GRADE CATEGORIES.--The annual
25	report shall identify schools as being in one of the following
26	grade categories defined according to rules of the State Board
27	of Education:
28	(a)  "Passing with Distinction." "A," schools making
29	excellent progress.
30	(b)  "Passing." "B," schools making above average progress.
31	(c)  "Failing." "C," schools making satisfactory progress.
32	(d)  "D," schools making less than satisfactory progress.
33	(e)  "F," schools failing to make adequate progress.
34
35	Each school designated in performance grade category "Passing
36	with Distinction," "A," making excellent progress, or having
37	improved at least one two performance grade category categories,
38	shall have greater authority over the allocation of the school's
39	total budget generated from the FEFP, state categoricals,
40	lottery funds, grants, and local funds, as specified in state
41	board rule. The rule must provide that the increased budget
42	authority shall remain in effect until the school's performance
43	grade declines. Beginning in the 2005-2006 school year, a school
44	that has been designated as performance grade category "F" in a
45	prior school year shall not be designated as performance grade
46	category "Failing" using the current year's data if that school
47	has shown at least a 50-percent increase toward the baseline
48	score in each subject area.
49	(3)  DESIGNATION OF SCHOOL PERFORMANCE GRADE
50	CATEGORIES.--For purposes of determining school performance,
51	student performance should be based on a student's annual
52	learning gains when the gain can be measured with an accurate
53	and consistent assessment system. School performance grade
54	category designations itemized in subsection (2) shall be based
55	on the following:
56	(a)  Timeframes.--
57	1.  School performance grade category designations shall be
58	based on the school's current year performance and the school's
59	annual learning gains.
60	2.  Beginning in school year 2005-2006, a school's
61	performance grade category designation shall be determined based
62	upon the following weighted factors for the following grade
63	levels, according to rules adopted by the State Board of
64	Education:
65	a.  For kindergarten through grade 2, 60 percent of the
66	performance grade shall be based on the percentage of classes
67	for which there is a ratio of 1 teacher to 20 students, 20
68	percent shall be based on attendance, 10 percent shall be based
69	on parental involvement, and 10 percent shall be based on school
70	safety.
71	b.  For grades 3 through 5, 60 percent of the performance
72	grade shall be based on FCAT scores, 20 percent shall be based
73	on attendance, 10 percent shall be based on parental
74	involvement, and 10 percent shall be based on school safety.
75	c.  For grades 6 through 10, 60 percent of the performance
76	grade shall be based on FCAT scores, 10 percent shall be based
77	on attendance, 10 percent shall be based on the dropout rate, 10
78	percent shall be based on parental involvement, and 10 percent
79	shall be based on school safety.
80	d.  For grades 11 and 12, 35 percent of the performance
81	grade shall be based on the dropout rate; 35 percent shall be
82	based on the number of acceleration mechanisms available to
83	students, including, but not limited to, Advanced Placement
84	courses and dual enrollment courses; 10 percent shall be based
85	on attendance; 10 percent shall be based on parental
86	involvement; and 10 percent shall be based on school safety.
87
88	During the 2007-2008 school year, the Legislature shall conduct
89	public hearings on the school performance grade requirements of
90	this paragraph to receive recommendations for revisions to
91	improve such requirements. The recommendations shall be
92	considered prior to adopting school performance grade
93	requirements for the 2008-2009 school year and thereafter.
94	2.  A school's performance grade category designation shall
95	be based on a combination of student achievement scores, student
96	learning gains as measured by annual FCAT assessments in grades
97	3 through 10, and improvement of the lowest 25th percentile of
98	students in the school in reading, math, or writing on the FCAT,
99	unless these students are performing above satisfactory
100	performance.
101	(b)  Student assessment data.--Student assessment data used
102	in determining school performance grade categories shall
103	include:
104	1.  The aggregate scores of all eligible students enrolled
105	in the school who have been assessed on the FCAT.
106	2.  The aggregate scores of all eligible students enrolled
107	in the school who have been assessed on the FCAT, including
108	Florida Writes, and who have scored at or in the lowest 25th
109	percentile of students in the school in reading, math, or
110	writing, unless these students are performing above satisfactory
111	performance.
112
113	The Department of Education shall study the effects of mobility
114	on the performance of highly mobile students and recommend
115	programs to improve the performance of such students. The State
116	Board of Education shall adopt appropriate criteria for each
117	school performance grade category. The criteria must also give
118	added weight to student achievement in reading. Schools
119	designated as performance grade category "Passing" "C," making
120	satisfactory progress, shall be required to demonstrate that
121	adequate progress has been made by students in the school who
122	are in the lowest 25th percentile in reading, math, or writing
123	on the FCAT, including Florida Writes, unless these students are
124	performing above satisfactory performance.
125	(4)  SCHOOL IMPROVEMENT RATINGS.--The annual report shall
126	identify each school's performance as having improved, remained
127	the same, or declined. This school improvement rating shall be
128	based on a comparison of the current year's and previous year's
129	student and school performance data. Schools that improve at
130	least one performance grade category are eligible for school
131	recognition awards pursuant to s. 1008.36.
132	Section 3.  Section 1008.36, Florida Statutes, is amended
133	to read:
134	1008.36  Students First Florida School Recognition
135	Program.--
136	(1)  The Legislature finds that in order to provide every
137	student enrolled in K-12 public schools with the opportunity to
138	achieve a successful public education, academic problems must be
139	identified early and remediation and intervention services must
140	be provided. It is the intent of this section that no child
141	shall be left behind there is a need for a performance incentive
142	program for outstanding faculty and staff in highly productive
143	schools. The Legislature further finds that performance-based
144	incentives are commonplace in the private sector and should be
145	infused into the public sector as a reward for productivity.
146	(2)  The Students First Florida School Recognition Program
147	is created to provide financial awards to public schools that:
148	(a)  A curriculum-based, year-round measurement of learning
149	gains for all kindergarten students enrolled in public schools.
150	Sustain high performance by receiving a school grade of "A,"
151	making excellent progress; or
152	(b)  Remediation and intervention services to all
153	kindergarten through grade 12 students enrolled in public
154	schools who are not meeting grade-appropriate performance
155	expectations, including FCAT scores Demonstrate exemplary
156	improvement due to innovation and effort by improving a letter
157	grade.
158	(3)  All public schools, including charter schools, that
159	receive a school grade pursuant to s. 1008.34 are eligible to
160	participate in the program.
161	(4)  All selected schools shall receive financial
162	assistance awards depending on the availability of funds
163	appropriated and the number and size of schools selected to
164	receive an award. Funds must be distributed to the school's
165	fiscal agent and placed in the school's account and must be used
166	for purposes listed in subsection (5) as determined jointly by
167	the school's staff and school advisory council. If school staff
168	and the school advisory council cannot reach agreement by
169	November 1, the awards must be equally distributed to all
170	classroom teachers currently teaching in the school.
171	(5)  Students First Program funds School recognition awards
172	must be used for the following:
173	(a)  Administration of the Dynamic Indicators of Basic
174	Early Literacy Skills (DIBELS) to all kindergarten students
175	enrolled in public schools Nonrecurring bonuses to the faculty
176	and staff;
177	(b)  Nonrecurring expenditures for remediation of low-
178	performing students, including remediation programs and
179	intervention services adopted and administered by the Department
180	of Education;
181	(c)(b)  Nonrecurring expenditures for educational equipment
182	or materials to assist in the remediation of low-performing
183	students maintaining and improving student performance; or
184	(d)(c)  Temporary personnel for the school to assist in the
185	remediation of low-performing students; or maintaining and
186	improving student performance.
187	(e)  Contracts with private sector participants to provide
188	remediation services, provided that 90 percent of the personnel
189	providing services reside in Florida.
190
191	Notwithstanding statutory provisions to the contrary, incentive
192	awards are not subject to collective bargaining.
193	Section 4.  (1)  The Department of Education shall provide
194	training and informational resources for educators to administer
195	the Dynamic Indicators of Basic Early Literacy Skills (DIBELS)
196	and shall be responsible for creating and implementing
197	provisions for the collection and analysis of the testing data.
198	(2)  The Department of Education shall establish policies
199	and procedures for the development of individual education plans
200	for low-performing students who need remediation and
201	intervention services.
202	Section 5.  This act shall take effect July 1, 2005.

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