Amendment
Bill No. 0127

Amendment No. 662687

CHAMBER ACTION
Senate		House
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1	Representative(s) Hays offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Paragraph (a) of subsection (16) of section
6	1001.42, Florida Statutes, is amended, subsection (22) is
7	renumbered as subsection (23), and a new subsection (22) is
8	added to that section, to read:
9	1001.42  Powers and duties of district school board.--The
10	district school board, acting as a board, shall exercise all
11	powers and perform all duties listed below:
12	(16)  IMPLEMENT SCHOOL IMPROVEMENT AND
13	ACCOUNTABILITY.--Maintain a system of school improvement and
14	education accountability as provided by statute and State Board
15	of Education rule. This system of school improvement and
16	education accountability shall be consistent with, and
17	implemented through, the district's continuing system of
18	planning and budgeting required by this section and ss.
19	1008.385, 1010.01, and 1011.01. This system of school
20	improvement and education accountability shall include, but is
21	not limited to, the following:
22	(a)  School improvement plans.--Annually approve and
23	require implementation of a new, amended, or continuation school
24	improvement plan for each school in the district that is
25	designated as performance grade category "C" or below or that is
26	required to have a school improvement plan under federal law,
27	except that a district school board may establish a district
28	school improvement plan that includes all schools in the
29	district operating for the purpose of providing educational
30	services to youth in Department of Juvenile Justice programs.
31	The district school board may require a school that is
32	designated as performance grade category "A" or "B" to complete
33	a school improvement plan. A school improvement Such plan shall
34	be designed to achieve the state education priorities pursuant
35	to s. 1000.03(5) and student performance standards. In addition,
36	any school required to implement a rigorous reading requirement
37	pursuant to s. 1003.415 must include such component in its
38	school improvement plan. Each plan shall address student
39	achievement goals and strategies based on state and school
40	district proficiency standards. The plan may also address issues
41	relative to other academic-related matters budget, training,
42	instructional materials, technology, staffing, student support
43	services, specific school safety and discipline strategies,
44	student health and fitness, including physical fitness, parental
45	information on student health and fitness, and indoor
46	environmental air quality, and other matters of resource
47	allocation, as determined by district school board policy, and
48	shall be based on an analysis of student achievement and other
49	school performance data.
50	(22)  REDUCE PAPERWORK AND DATA COLLECTION AND REPORTING
51	REQUIREMENTS.--
52	(a)  Paperwork and data collection.--Hold extensive public
53	hearings and provide detailed analysis of burden hours needed to
54	complete paperwork, hard copies, and electronic copies required
55	under a state mandate if the district school board will exceed
56	paperwork and data collection requirements of the state mandate.
57	"Burden hours" are defined as the amount of time required to
58	gather, compile, complete, transmit, and report information.
59	(b)  Task force.--Establish a task force to reduce the
60	paper and electronic reporting requirements that impact the
61	school district, which may include the duties specified in s.
62	1008.385(2)(b). A majority of the task force members must be
63	classroom teachers with additional members including, but not
64	limited to, one exceptional student education teacher, school
65	administrators, district-level personnel, and the district
66	school superintendent. The task force must seek to reduce the
67	burden hours required of school district staff by making
68	recommendations to the district school board on ways to reduce,
69	eliminate, revise, or consolidate requirements relating to, but
70	not limited to, student attendance, student behavior, and
71	teacher lesson plans. The task force must annually report its
72	actions and recommendations to the Department of Education. The
73	department shall review the annual reports and progress of each
74	school district task force and, based on such information,
75	provide its recommendations to school districts for reduction,
76	elimination, revision, or consolidation of paper and electronic
77	reporting requirements.
78	Section 2.  Subsection (8) of section 1003.415, Florida
79	Statutes, is renumbered as subsection (7) and present subsection
80	(7) of that section is amended to read:
81	1003.415  The Middle Grades Reform Act.--
82	(7)  PERSONALIZED MIDDLE SCHOOL SUCCESS PLAN.--
83	(a)  Beginning with the 2004-2005 school year, each
84	principal of a school with a middle grade shall designate
85	certified staff members at the school to develop and administer
86	a personalized middle school success plan for each entering
87	sixth grade student who scored below Level 3 in reading on the
88	most recently administered FCAT. The purpose of the success plan
89	is to assist the student in meeting state and school district
90	expectations in academic proficiency and to prepare the student
91	for a rigorous high school curriculum. The success plan shall be
92	developed in collaboration with the student and his or her
93	parent and must be implemented until the student completes the
94	eighth grade or achieves a score at Level 3 or above in reading
95	on the FCAT, whichever occurs first. The success plan must
96	minimize paperwork and may be incorporated into a parent/teacher
97	conference, included as part of a progress report or report
98	card, included as part of a general orientation at the beginning
99	of the school year, or provided by electronic mail or other
100	written correspondence.
101	(b)  The personalized middle school success plan must:
102	1.  Identify educational goals and intermediate benchmarks
103	for the student in the core curriculum areas which will prepare
104	the student for high school.
105	2.  Be based upon academic performance data and an
106	identification of the student's strengths and weaknesses.
107	3.  Include academic intervention strategies with frequent
108	progress monitoring.
109	4.  Provide innovative methods to promote the student's
110	advancement which may include, but not be limited to, flexible
111	scheduling, tutoring, focus on core curricula, online
112	instruction, an alternative learning environment, or other
113	interventions that have been shown to accelerate the learning
114	process.
115	(c)  The personalized middle school success plan must be
116	incorporated into any individual student plan required by
117	federal or state law, including the academic improvement plan
118	required in s. 1008.25, an individual education plan (IEP) for a
119	student with disabilities, a federal 504 plan, or an ESOL plan.
120	(d)  The Department of Education shall provide technical
121	assistance for districts, school administrators, and
122	instructional personnel regarding the development of
123	personalized middle school success plans. The assistance shall
124	include strategies and techniques designed to maximize
125	interaction between students, parents, teachers, and other
126	instructional and administrative staff while minimizing
127	paperwork.
128	Section 3.  Subsection (4), paragraphs (b) and (c) of
129	subsection (6), and paragraph (b) of subsection (7) of section
130	1008.25, Florida Statutes, are amended to read:
131	1008.25  Public school student progression; remedial
132	instruction; reporting requirements.--
133	(4)  ASSESSMENT AND REMEDIATION.--
134	(a)  Each student must participate in the statewide
135	assessment tests required by s. 1008.22. Each student who does
136	not meet specific levels of performance as determined by the
137	district school board in reading, writing, science, and
138	mathematics for each grade level, or who does not meet specific
139	levels of performance as determined by the commissioner on
140	statewide assessments at selected grade levels, must be provided
141	with additional diagnostic assessments to determine the nature
142	of the student's difficulty and areas of academic need.
143	(b)  The school in which the student is enrolled must
144	develop, in consultation with the student's parent, and must
145	implement a progress monitoring plan. A progress monitoring plan
146	is intended to provide the school district and the school
147	flexibility in meeting the academic needs of the student and to
148	reduce paperwork. A student who is not meeting the school
149	district or state requirements for proficiency shall be covered
150	by one of the following plans to target instruction and identify
151	ways to improve his or her academic achievement:
152	1.  A federally required student plan such as an individual
153	education plan;
154	2.  A schoolwide system of progress monitoring for all
155	students; or
156	3.  An individualized progress monitoring plan.
157
158	The plan chosen must be an academic improvement plan designed to
159	assist the student or the school in meeting state and district
160	expectations for proficiency. For a student for whom a
161	personalized middle school success plan is required pursuant to
162	s. 1003.415, the middle school success plan must be incorporated
163	in the student's academic improvement plan. Beginning with the
164	2002-2003 school year, if the student has been identified as
165	having a deficiency in reading, the academic improvement plan
166	shall identify the student's specific areas of deficiency in
167	phonemic awareness, phonics, fluency, comprehension, and
168	vocabulary; the desired levels of performance in these areas;
169	and the instructional and support services to be provided to
170	meet the desired levels of performance. Schools shall also
171	provide for the frequent monitoring of the student's progress in
172	meeting the desired levels of performance. District school
173	boards shall assist schools and teachers to implement research-
174	based reading activities that have been shown to be successful
175	in teaching reading to low-performing students. Remedial
176	instruction provided during high school may not be in lieu of
177	English and mathematics credits required for graduation.
178	(c)  Upon subsequent evaluation, if the documented
179	deficiency has not been remediated in accordance with the
180	academic improvement plan, the student may be retained. Each
181	student who does not meet the minimum performance expectations
182	defined by the Commissioner of Education for the statewide
183	assessment tests in reading, writing, science, and mathematics
184	must continue to be provided with remedial or supplemental
185	instruction until the expectations are met or the student
186	graduates from high school or is not subject to compulsory
187	school attendance.
188	(6)  ELIMINATION OF SOCIAL PROMOTION.--
189	(b)  The district school board may only exempt students
190	from mandatory retention, as provided in paragraph (5)(b), for
191	good cause. Good cause exemptions shall be limited to the
192	following:
193	1.  Limited English proficient students who have had less
194	than 2 years of instruction in an English for Speakers of Other
195	Languages program.
196	2.  Students with disabilities whose individual education
197	plan indicates that participation in the statewide assessment
198	program is not appropriate, consistent with the requirements of
199	State Board of Education rule.
200	3.  Students who demonstrate an acceptable level of
201	performance on an alternative standardized reading assessment
202	approved by the State Board of Education.
203	4.  Students who demonstrate, through a student portfolio,
204	that the student is reading on grade level as evidenced by
205	demonstration of mastery of the Sunshine State Standards in
206	reading equal to at least a Level 2 performance on the FCAT.
207	5.  Students with disabilities who participate in the FCAT
208	and who have an individual education plan or a Section 504 plan
209	that reflects that the student has received the intensive
210	remediation in reading, as required by paragraph (4)(b), for
211	more than 2 years but still demonstrates a deficiency in reading
212	and was previously retained in kindergarten, grade 1, grade 2,
213	or grade 3.
214	6.  Students who have received the intensive remediation in
215	reading as required by paragraph (4)(b) for 2 or more years but
216	still demonstrate a deficiency in reading and who were
217	previously retained in kindergarten, grade 1, grade 2, or grade
218	3 for a total of 2 years. Intensive reading instruction for
219	students so promoted must include an altered instructional day
220	based upon an academic improvement plan that includes
221	specialized diagnostic information and specific reading
222	strategies for each student. The district school board shall
223	assist schools and teachers to implement reading strategies that
224	research has shown to be successful in improving reading among
225	low-performing readers.
226	(c)  Requests for good cause exemptions for students from
227	the mandatory retention requirement as described in
228	subparagraphs (b)3. and 4. shall be made consistent with the
229	following:
230	1.  Documentation shall be submitted from the student's
231	teacher to the school principal that indicates that the
232	promotion of the student is appropriate and is based upon the
233	student's academic record. In order to minimize paperwork
234	requirements, such documentation shall consist only of the
235	existing academic improvement plan, individual educational plan,
236	if applicable, report card, or student portfolio.
237	2.  The school principal shall review and discuss such
238	recommendation with the teacher and make the determination as to
239	whether the student should be promoted or retained. If the
240	school principal determines that the student should be promoted,
241	the school principal shall make such recommendation in writing
242	to the district school superintendent. The district school
243	superintendent shall accept or reject the school principal's
244	recommendation in writing.
245	(7)  SUCCESSFUL PROGRESSION FOR RETAINED READERS.--
246	(b)  Beginning with the 2004-2005 school year, each school
247	district shall:
248	1.  Conduct a review of student academic improvement plans
249	for all students who did not score above Level 1 on the reading
250	portion of the FCAT and did not meet the criteria for one of the
251	good cause exemptions in paragraph (6)(b). The review shall
252	address additional supports and services, as described in this
253	subsection, needed to remediate the identified areas of reading
254	deficiency. The school district shall require a student
255	portfolio to be completed for each such student.
256	2.  Provide students who are retained under the provisions
257	of paragraph (5)(b) with intensive instructional services and
258	supports to remediate the identified areas of reading
259	deficiency, including a minimum of 90 minutes of daily,
260	uninterrupted, scientifically research-based reading instruction
261	and other strategies prescribed by the school district, which
262	may include, but are not limited to:
263	a.  Small group instruction.
264	b.  Reduced teacher-student ratios.
265	c.  More frequent progress monitoring.
266	d.  Tutoring or mentoring.
267	e.  Transition classes containing 3rd and 4th grade
268	students.
269	f.  Extended school day, week, or year.
270	g.  Summer reading camps.
271	3.  Provide written notification to the parent of any
272	student who is retained under the provisions of paragraph (5)(b)
273	that his or her child has not met the proficiency level required
274	for promotion and the reasons the child is not eligible for a
275	good cause exemption as provided in paragraph (6)(b). The
276	notification must comply with the provisions of s. 1002.20(14)
277	and must include a description of proposed interventions and
278	supports that will be provided to the child to remediate the
279	identified areas of reading deficiency.
280	4.  Implement a policy for the midyear promotion of any
281	student retained under the provisions of paragraph (5)(b) who
282	can demonstrate that he or she is a successful and independent
283	reader, reading at or above grade level, and ready to be
284	promoted to grade 4. Tools that school districts may use in
285	reevaluating any student retained may include subsequent
286	assessments, alternative assessments, and portfolio reviews, in
287	accordance with rules of the State Board of Education. Students
288	promoted during the school year after November 1 must
289	demonstrate proficiency above that required to score at Level 2
290	on the grade 3 FCAT, as determined by the State Board of
291	Education. The State Board of Education shall adopt standards
292	that provide a reasonable expectation that the student's
293	progress is sufficient to master appropriate 4th grade level
294	reading skills.
295	5.  Provide students who are retained under the provisions
296	of paragraph (5)(b) with a high-performing teacher as determined
297	by student performance data and above-satisfactory performance
298	appraisals.
299	6.  In addition to required reading enhancement and
300	acceleration strategies, provide parents of students to be
301	retained with at least one of the following instructional
302	options:
303	a.  Supplemental tutoring in scientifically research-based
304	reading services in addition to the regular reading block,
305	including tutoring before and/or after school.
306	b.  A "Read at Home" plan outlined in a parental contract,
307	including participation in "Families Building Better Readers
308	Workshops" and regular parent-guided home reading.
309	c.  A mentor or tutor with specialized reading training.
310	7.  Establish a Reading Enhancement and Acceleration
311	Development (READ) Initiative. The focus of the READ Initiative
312	shall be to prevent the retention of grade 3 students and to
313	offer intensive accelerated reading instruction to grade 3
314	students who failed to meet standards for promotion to grade 4
315	and to each K-3 student who is assessed as exhibiting a reading
316	deficiency. The READ Initiative shall:
317	a.  Be provided to all K-3 students at risk of retention as
318	identified by the statewide assessment system used in Reading
319	First schools. The assessment must measure phonemic awareness,
320	phonics, fluency, vocabulary, and comprehension.
321	b.  Be provided during regular school hours in addition to
322	the regular reading instruction.
323	c.  Provide a state-identified reading curriculum that has
324	been reviewed by the Florida Center for Reading Research at
325	Florida State University and meets, at a minimum, the following
326	specifications:
327	(I)  Assists students assessed as exhibiting a reading
328	deficiency in developing the ability to read at grade level.
329	(II)  Provides skill development in phonemic awareness,
330	phonics, fluency, vocabulary, and comprehension.
331	(III)  Provides scientifically based and reliable
332	assessment.
333	(IV)  Provides initial and ongoing analysis of each
334	student's reading progress.
335	(V)  Is implemented during regular school hours.
336	(VI)  Provides a curriculum in core academic subjects to
337	assist the student in maintaining or meeting proficiency levels
338	for the appropriate grade in all academic subjects.
339	8.  Establish at each school, where applicable, an
340	Intensive Acceleration Class for retained grade 3 students who
341	subsequently score at Level 1 on the reading portion of the
342	FCAT. The focus of the Intensive Acceleration Class shall be to
343	increase a child's reading level at least two grade levels in 1
344	school year. The Intensive Acceleration Class shall:
345	a.  Be provided to any student in grade 3 who scores at
346	Level 1 on the reading portion of the FCAT and who was retained
347	in grade 3 the prior year because of scoring at Level 1 on the
348	reading portion of the FCAT.
349	b.  Have a reduced teacher-student ratio.
350	c.  Provide uninterrupted reading instruction for the
351	majority of student contact time each day and incorporate
352	opportunities to master the grade 4 Sunshine State Standards in
353	other core subject areas.
354	d.  Use a reading program that is scientifically research-
355	based and has proven results in accelerating student reading
356	achievement within the same school year.
357	e.  Provide intensive language and vocabulary instruction
358	using a scientifically research-based program, including use of
359	a speech-language therapist.
360	f.  Include weekly progress monitoring measures to ensure
361	progress is being made.
362	g.  Report to the Department of Education, in the manner
363	described by the department, the progress of students in the
364	class at the end of the first semester.
365	9.  Report to the State Board of Education, as requested,
366	on the specific intensive reading interventions and supports
367	implemented at the school district level. The Commissioner of
368	Education shall annually prescribe the required components of
369	requested reports.
370	10.  Provide a student who has been retained in grade 3 and
371	has received intensive instructional services but is still not
372	ready for grade promotion, as determined by the school district,
373	the option of being placed in a transitional instructional
374	setting. Such setting shall specifically be designed to produce
375	learning gains sufficient to meet grade 4 performance standards
376	while continuing to remediate the areas of reading deficiency.
377	Section 4.  Paragraph (b) of subsection (3) of section
378	411.227, Florida Statutes, is amended to read:
379	411.227  Components of the Learning Gateway.--The Learning
380	Gateway system consists of the following components:
381	(3)  EARLY EDUCATION, SERVICES AND SUPPORTS.--
382	(b)  Demonstration projects shall develop strategies to
383	increase the use of appropriate intervention practices with
384	children who have learning problems and learning disabilities
385	within public and private early care and education programs and
386	K-3 public and private school settings. Strategies may include
387	training and technical assistance teams. Intervention must be
388	coordinated and must focus on providing effective supports to
389	children and their families within their regular education and
390	community environment. These strategies must incorporate, as
391	appropriate, school and district activities related to the
392	student's academic improvement plan and must provide parents
393	with greater access to community-based services that should be
394	available beyond the traditional school day. Academic
395	expectations for public school students in grades K-3 must be
396	based upon the local school board's adopted proficiency levels.
397	When appropriate, school personnel shall consult with the local
398	Learning Gateway to identify other community resources for
399	supporting the child and the family.
400	Section 5.  Subsection (11) of section 1002.20, Florida
401	Statutes, is amended to read:
402	1002.20  K-12 student and parent rights.--Parents of public
403	school students must receive accurate and timely information
404	regarding their child's academic progress and must be informed
405	of ways they can help their child to succeed in school. K-12
406	students and their parents are afforded numerous statutory
407	rights including, but not limited to, the following:
408	(11)  STUDENTS WITH READING DEFICIENCIES.--Each elementary
409	school shall regularly assess the reading ability of each K-3
410	student. The parent of any K-3 student who exhibits a reading
411	deficiency shall be immediately notified of the student's
412	deficiency with a description and explanation, in terms
413	understandable to the parent, of the exact nature of the
414	student's difficulty in learning and lack of achievement in
415	reading; shall be consulted in the development of a progress
416	monitoring detailed academic improvement plan, as described in
417	s. 1008.25(4)(b); and shall be informed that the student will be
418	given intensive reading instruction until the deficiency is
419	corrected. This subsection operates in addition to the
420	remediation and notification provisions contained in s. 1008.25
421	and in no way reduces the rights of a parent or the
422	responsibilities of a school district under that section.
423	Section 6.  Subsection (7) of section 1002.23, Florida
424	Statutes, is amended to read:
425	1002.23  Family and School Partnership for Student
426	Achievement Act.--
427	(7)  Each school district shall develop and disseminate a
428	parent guide to successful student achievement, consistent with
429	the guidelines of the Department of Education, which addresses
430	what parents need to know about their child's educational
431	progress and how parents can help their child to succeed in
432	school. The guide must:
433	(a)  Be understandable to students and parents;
434	(b)  Be distributed to all parents, students, and school
435	personnel at the beginning of each school year;
436	(c)  Be discussed at the beginning of each school year in
437	meetings of students, parents, and teachers; and
438	(d)  Include information concerning services,
439	opportunities, choices, academic standards, and student
440	assessment; and
441	(e)  Provide detailed information regarding the causes,
442	symptoms, and transmission of meningococcal disease and the
443	availability, effectiveness, known contraindications, and
444	appropriate age for the administration of any required or
445	recommended vaccine against meningococcal disease, in accordance
446	with the recommendations of the Advisory Committee on
447	Immunization Practices of the United States Centers for Disease
448	Control and Prevention.
449
450	The parent guide may be included as a part of the code of
451	student conduct that is required in s. 1006.07(2).
452	Section 7.  Subsection (6) of section 1002.42, Florida
453	Statutes, is amended to read:
454	1002.42  Private schools.--
455	(6)  IMMUNIZATIONS.--The governing authority of each
456	private school shall:
457	(a)  Require students to present a certification of
458	immunization in accordance with the provisions of s. 1003.22(3)-
459	(11).
460	(b)  Provide to every student's parent detailed information
461	regarding the causes, symptoms, and transmission of
462	meningococcal disease and the availability, effectiveness, known
463	contraindications, and appropriate age for the administration of
464	any required or recommended vaccine against meningococcal
465	disease, in accordance with the recommendations of the Advisory
466	Committee on Immunization Practices of the United States Centers
467	for Disease Control and Prevention.
468	Section 8.  Paragraph (n) of subsection (2) of section
469	1003.51, Florida Statutes, is amended to read:
470	1003.51  Other public educational services.--
471	(2)  The State Board of Education shall adopt and maintain
472	an administrative rule articulating expectations for effective
473	education programs for youth in Department of Juvenile Justice
474	programs, including, but not limited to, education programs in
475	juvenile justice commitment and detention facilities. The rule
476	shall articulate policies and standards for education programs
477	for youth in Department of Juvenile Justice programs and shall
478	include the following:
479	(n)  Performance expectations for providers and district
480	school boards, including the provision of a progress monitoring
481	an academic improvement plan as required in s. 1008.25.
482	Section 9.  Subsection (7) of section 1003.52, Florida
483	Statutes, is amended to read:
484	1003.52  Educational services in Department of Juvenile
485	Justice programs.--
486	(7)  A progress monitoring An academic improvement plan
487	shall be developed for students who score below the level
488	specified in district school board policy in reading, writing,
489	and mathematics or below the level specified by the Commissioner
490	of Education on statewide assessments as required by s. 1008.25.
491	These plans shall address academic, literacy, and life skills
492	and shall include provisions for intensive remedial instruction
493	in the areas of weakness.
494	Section 10.  This act shall take effect July 1, 2006.
495
496
497	======= T I T L E  A M E N D M E N T ==========
498	Remove the entire title and insert:
499	A bill to be entitled
500	An act relating to schools; amending s. 1001.42, F.S.,
501	relating to powers and duties of district school boards;
502	revising provisions relating to required school
503	improvement plans; revising content of such plans;
504	requiring public hearings and analysis relating to excess
505	paperwork and data collection; requiring district school
506	board establishment of a task force to reduce paper and
507	electronic reporting requirements; providing task force
508	duties; amending s. 1002.23, F.S.; requiring school
509	districts to include certain information concerning
510	meningococcal disease in a parent guide; amending s.
511	1002.42, F.S.; requiring the governing authority of a
512	private school to provide certain information concerning
513	meningococcal disease to parents; amending s. 1003.415,
514	F.S.; deleting the personalized middle school success
515	plan; amending s. 1008.25, F.S., relating to student
516	progression; requiring implementation of progress
517	monitoring plans and deleting student improvement plans;
518	providing planning options to improve student academic
519	achievement; deleting certain provisions relating to
520	student remediation; amending ss. 411.227, 1002.20,
521	1003.51, and 1003.52, F.S.; conforming provisions;
522	providing an effective date.

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