HB 1295

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

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