HB 1427

1	A bill to be entitled
2	An act relating to education; amending s. 1002.20, F.S.;
3	providing that academy programs shall be an additional
4	public school choice option; amending s. 1002.31, F.S.;
5	requiring district school boards to offer controlled open
6	enrollment within the public schools and revising
7	components of the controlled open enrollment plan;
8	creating s. 1002.391, F.S.; requiring the Department of
9	Education to develop a plan for school districts to
10	establish academy programs in the public schools;
11	authorizing parents to transfer their children to
12	different academy programs and schools; providing funding
13	for student transportation; amending s. 1008.22, F.S.;
14	requiring the Commissioner of Education to adopt
15	performance standards, set goals, and provide resources to
16	meet constitutional requirements; requiring development
17	and implementation of the FCAT Pretest as a diagnostic
18	tool; amending s. 1008.33, F.S.; revising requirements
19	relating to State Board of Education enforcement of public
20	school improvement; specifying academy program and school
21	performance categories; amending s. 1008.34, F.S.;
22	revising provisions relating to the school and school
23	district performance grading system; providing performance
24	categories for academy programs and schools; providing the
25	basis for performance category designations; providing
26	school district tools for maintenance of high performance
27	standards; amending s. 1008.36, F.S.; renaming the Florida
28	School Recognition Program as the Every Child Matters
29	Program; revising program intent, purpose, participation,
30	and use of funds; requiring the department to provide
31	training and resources for certain student testing by
32	educators; requiring department policies and procedures
33	for the development of student individual education plans;
34	providing an effective date.
35
36	Be It Enacted by the Legislature of the State of Florida:
37
38	Section 1.  Paragraph (a) of subsection (6) of section
39	1002.20, Florida Statutes, is amended to read:
40	1002.20  K-12 student and parent rights.--Parents of public
41	school students must receive accurate and timely information
42	regarding their child's academic progress and must be informed
43	of ways they can help their child to succeed in school. K-12
44	students and their parents are afforded numerous statutory
45	rights including, but not limited to, the following:
46	(6)  EDUCATIONAL CHOICE.--
47	(a)  Public school choices.--Parents of public school
48	students may seek whatever public school choice options that are
49	applicable to their students and are available to students in
50	their school districts. These options may include controlled
51	open enrollment, lab schools, charter schools, charter technical
52	career centers, magnet schools, alternative schools, special
53	programs, academy programs, advanced placement, dual enrollment,
54	International Baccalaureate, International General Certificate
55	of Secondary Education (pre-AICE), Advanced International
56	Certificate of Education, early admissions, credit by
57	examination or demonstration of competency, the New World School
58	of the Arts, the Florida School for the Deaf and the Blind, and
59	the Florida Virtual School. These options may also include the
60	public school choice options of the Opportunity Scholarship
61	Program and the McKay Scholarships for Students with
62	Disabilities Program.
63	Section 2.  Subsections (1), (2), and (5) of section
64	1002.31, Florida Statutes, are amended to read:
65	1002.31  Public school parental choice.--
66	(1)  As used in this section, "controlled open enrollment"
67	means a public education delivery system that allows school
68	districts to make student school assignments using parents'
69	indicated preferential school choice as a significant factor.
70	(2)  Each district school board shall may offer controlled
71	open enrollment within the public schools. The controlled open
72	enrollment program shall be offered in addition to the existing
73	choice programs such as magnet schools, alternative schools,
74	special programs, academy programs, advanced placement, and dual
75	enrollment.
76	(5)  Each school district shall develop a system of
77	priorities for its plan that includes consideration of the
78	following:
79	(a)  An application process required to participate in the
80	controlled open enrollment program.
81	(b)  A process that allows parents to declare school
82	preferences.
83	(c)  A process that allows encourages placement of siblings
84	within the same school.
85	(d)  A lottery procedure used by the school district to
86	determine student assignment.
87	(e)  An appeals process for hardship cases.
88	(f)  The procedures to maintain socioeconomic, demographic,
89	and racial balance.
90	(g)  The availability of transportation.
91	(g)(h)  A process that promotes strong parental
92	involvement, including the designation of a parent liaison.
93	(h)(i)  A strategy that establishes a clearinghouse of
94	information designed to assist parents in making informed
95	choices.
96	Section 3.  Section 1002.391, Florida Statutes, is created
97	to read:
98	1002.391  Public school academy programs; public schools.--
99	(1)  The Department of Education shall develop by January
100	1, 2007, a plan for school districts to establish academy
101	programs in every public school where feasible. Based on the
102	school-within-a-school concept, academy programs shall be
103	multiple programs within one school facility that allow students
104	to concentrate on unique and specialized tracks of study of
105	their choosing. The department's plan shall be based on the
106	following:
107	(a)  Students in each academy program shall be required to
108	take a base of core-curricula courses in addition to specialized
109	courses unique to each program.
110	(b)  The plan shall include a waiver provision for school
111	districts to continue offering traditional single-track programs
112	if, because of unique circumstances, it is not feasible for them
113	to offer multi-track academy programs within individual schools.
114	(c)  Parents shall be empowered to switch their child to a
115	different academy program if they are unhappy with the program
116	in which their child is enrolled. Except as provided in
117	paragraph (d), once a child begins an academic year in an
118	academy, he or she is required to attend that academy for the
119	remainder of the academic year.
120	(d)  Parents may apply to move their child to another
121	academy program before the end of the academic year if special
122	circumstances warrant such action, according to a process
123	developed by the department.
124	(2)  Parents shall be empowered to switch their child to
125	another public school within the school district if they are
126	unhappy with the school in which their child is enrolled. Once a
127	child begins an academic year in a school, he or she is required
128	to attend that school for the remainder of the academic year.
129	However, if special circumstances warrant such action, parents
130	may apply to move their child to another school before the end
131	of the academic year, according to a process developed by the
132	department.
133	(3)  School districts shall provide transportation for
134	students to attend academy programs or schools outside of their
135	school zone. The department shall use Every Child Matters
136	Program funds, pursuant to s. 1008.36, to reimburse school
137	districts for reasonable costs to provide transportation for
138	students who attend academy programs or schools outside of their
139	school zone.
140	Section 4.  Subsection (2) of section 1008.22, Florida
141	Statutes, is amended, paragraphs (d), (e), and (f) of subsection
142	(3) are redesignated as paragraphs (e), (f), and (g),
143	respectively, and a new paragraph (d) is added to that
144	subsection, to read:
145	1008.22  Student assessment program for public schools.--
146	(2)  NATIONAL EDUCATION COMPARISONS.--
147	(a)  It is Florida's intent to participate in the
148	measurement of national educational goals. The Commissioner of
149	Education shall direct Florida school districts to participate
150	in the administration of the National Assessment of Educational
151	Progress, or a similar national assessment program, both for the
152	national sample and for any state-by-state comparison programs
153	which may be initiated. Such assessments must be conducted using
154	the data collection procedures, the student surveys, the
155	educator surveys, and other instruments included in the National
156	Assessment of Educational Progress or similar program being
157	administered in Florida. The results of these assessments shall
158	be included in the annual report of the Commissioner of
159	Education specified in this section. The administration of the
160	National Assessment of Educational Progress or similar program
161	shall be in addition to and separate from the administration of
162	the statewide assessment program.
163	(b)  In order to ensure that Florida provides "a uniform,
164	efficient, safe, secure, and high quality system of free public
165	schools that allows students to obtain a high quality education"
166	as required in s. 1, Art. IX of the State Constitution, the
167	Commissioner of Education shall:
168	1.  Adopt performance standards, set goals, and provide the
169	resources necessary to ensure that Florida ranks in the top half
170	of state-by-state education performance comparisons compiled by
171	the United States Department of Education.
172	2.  Set goals so that in no instance will Florida rank in
173	the bottom quartile of any state-by-state education performance
174	comparison compiled by the United States Department of
175	Education.
176	(3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
177	design and implement a statewide program of educational
178	assessment that provides information for the improvement of the
179	operation and management of the public schools, including
180	schools operating for the purpose of providing educational
181	services to youth in Department of Juvenile Justice programs.
182	The commissioner may enter into contracts for the continued
183	administration of the assessment, testing, and evaluation
184	programs authorized and funded by the Legislature. Contracts may
185	be initiated in 1 fiscal year and continue into the next and may
186	be paid from the appropriations of either or both fiscal years.
187	The commissioner is authorized to negotiate for the sale or
188	lease of tests, scoring protocols, test scoring services, and
189	related materials developed pursuant to law. Pursuant to the
190	statewide assessment program, the commissioner shall:
191	(d)  Develop and implement a student achievement testing
192	program known as the Florida Comprehensive Assessment Test
193	(FCAT) Pretest as part of a statewide diagnostic tool for public
194	school students. The FCAT Pretest shall be given during the
195	first week of the academic year to assess the academic strengths
196	and weaknesses of each student so that teachers can accurately
197	develop curricula that promote advancement of all students. The
198	FCAT Pretest shall be used for diagnostic purposes only and
199	shall not be used to determine performance categories for
200	academy programs or public schools.
201	Section 5.  Section 1008.33, Florida Statutes, is amended
202	to read:
203	1008.33  Authority to enforce public school
204	improvement.--It is the intent of the Legislature that all
205	public schools be held accountable for students performing at
206	acceptable levels. A system of school improvement and
207	accountability that assesses student performance by school,
208	identifies schools in which students are not making adequate
209	progress toward state standards, institutes appropriate measures
210	for enforcing improvement, and provides rewards and sanctions
211	based on performance shall be the responsibility of the State
212	Board of Education.
213	(1)  Pursuant to Art. IX of the State Constitution
214	prescribing the duty of the State Board of Education to
215	supervise Florida's public school system and notwithstanding any
216	other statutory provisions to the contrary, the State Board of
217	Education shall intervene in the operation of a district school
218	system when one or more schools in the school district have
219	failed to make adequate progress for 2 school years in a 3-year
220	4-year period. For purposes of determining when an academy
221	program or a school is eligible for state board action and
222	opportunity scholarships for its students, the terms "2 years in
223	any 3-year 4-year period" and "2 years in a 3-year 4-year
224	period" mean that in any year that a school has a performance
225	category of "Inadequate Progress," grade of "F," the school is
226	eligible for state board action and opportunity scholarships for
227	its students if it also has had a performance category of
228	"Inadequate Progress" grade of "F" in any of the previous 2 3
229	school years. The State Board of Education may determine that
230	the school district or school has not taken steps sufficient for
231	students in the school to be academically well served.
232	Considering recommendations of the Commissioner of Education,
233	the State Board of Education shall recommend action to a
234	district school board intended to improve educational services
235	to students in each school that is designated as performance
236	grade category "Inadequate Progress." "F." Recommendations for
237	actions to be taken in the school district shall be made only
238	after thorough consideration of the unique characteristics of an
239	academy program or a school, which shall include student
240	mobility rates, the number and type of exceptional students
241	enrolled in the school, and the availability of options for
242	improved educational services. The state board shall adopt by
243	rule steps to follow in this process. Such steps shall provide
244	school districts sufficient time to improve student performance
245	in schools and the opportunity to present evidence of assistance
246	and interventions that the district school board has
247	implemented.
248	(a)  An academy program or school shall not receive a
249	performance category of "Inadequate Progress" if it has an
250	overall increase in student achievement of 10 percent over the
251	previous year.
252	(b)  An academy program or school shall not receive a
253	performance category of "Inadequate Progress" if it falls below
254	its previous year's score but maintains adequate performance
255	standards compared to other programs or schools in the state.
256	(c)  The State Board of Education shall determine by rule
257	what constitutes "Adequate Progress" and "Inadequate Progress"
258	for the purposes of the state education performance
259	accountability system.
260	(2)  The State Board of Education may recommend one or more
261	of the following actions to district school boards to enable
262	students in academy programs and schools designated as
263	performance grade category "Inadequate Progress" "F" to be
264	academically well served by the public school system:
265	(a)  Provide additional resources, change certain
266	practices, and provide additional assistance if the state board
267	determines the causes of inadequate progress to be related to
268	school district policy or practice;
269	(b)  Implement a plan that satisfactorily resolves the
270	education equity problems in the academy program or school;
271	(c)  Contract for the educational services of the academy
272	program or school, or reorganize the academy program or school
273	at the end of the school year under a new school principal who
274	is authorized to hire new staff and implement a plan that
275	addresses the causes of inadequate progress;
276	(d)  Allow parents of students in the school to send their
277	children to another district school of their choice; or
278	(d)(e)  Other action appropriate to improve the school's
279	performance.
280	(3)  In recommending actions to district school boards, the
281	State Board of Education shall specify the length of time
282	available to implement the recommended action. The State Board
283	of Education may adopt rules to further specify how it may
284	respond in specific circumstances. No action taken by the State
285	Board of Education shall relieve an academy program or a school
286	from state accountability requirements.
287	(4)  The State Board of Education may require the
288	Department of Education or Chief Financial Officer to withhold
289	any transfer of state funds to the school district if, within
290	the timeframe specified in state board action, the school
291	district has failed to comply with the action ordered to improve
292	the district's low-performing academy programs or schools.
293	Withholding the transfer of funds shall occur only after all
294	other recommended actions for school improvement have failed to
295	improve performance. The State Board of Education may impose the
296	same penalty on any district school board that fails to develop
297	and implement a plan for assistance and intervention for low-
298	performing schools as specified in s. 1001.42(16)(c).
299	Section 6.  Section 1008.34, Florida Statutes, is amended
300	to read:
301	1008.34  School grading system; district performance
302	category grade.--
303	(1)  ANNUAL REPORTS.--The Commissioner of Education shall
304	prepare annual reports of the results of the statewide
305	assessment program which describe student achievement in the
306	state, each district, and each school. The commissioner shall
307	prescribe the design and content of these reports, which must
308	include, without limitation, descriptions of the performance of
309	all schools participating in the assessment program and all of
310	their major student populations as determined by the
311	Commissioner of Education, and must also include the median
312	scores of all eligible students who scored at or in the lowest
313	25th percentile of the state in the previous school year;
314	provided, however, that the provisions of s. 1002.22 pertaining
315	to student records apply to this section.
316	(2)  ACADEMY PROGRAM AND SCHOOL PERFORMANCE GRADE
317	CATEGORIES.--The annual report shall identify academy programs
318	and schools as being in one of the following performance grade
319	categories defined according to rules of the State Board of
320	Education:
321	(a)  "Adequate progress." "A," schools making excellent
322	progress.
323	(b)  "Inadequate progress." "B," schools making above
324	average progress.
325	(c)  "C," schools making satisfactory progress.
326	(d)  "D," schools making less than satisfactory progress.
327	(e)  "F," schools failing to make adequate progress.
328
329	Beginning in the 2007-2008 school year, a school that has been
330	designated as performance category "F" in a prior school year
331	shall not be designated as performance category "Inadequate
332	Progress" using the current year's data if that school has shown
333	at least a 10-percent increase in student performance in each
334	subject area. Each school designated in performance grade
335	category "A," making excellent progress, or having improved at
336	least two performance grade categories, shall have greater
337	authority over the allocation of the school's total budget
338	generated from the FEFP, state categoricals, lottery funds,
339	grants, and local funds, as specified in state board rule. The
340	rule must provide that the increased budget authority shall
341	remain in effect until the school's performance grade declines.
342	(3)  DESIGNATION OF SCHOOL PERFORMANCE GRADE
343	CATEGORIES.--For purposes of determining academy program or
344	school performance, student performance should be based on all
345	students' annual learning gains compared to the previous year.
346	School performance grade category designations itemized in
347	subsection (2) shall be based on the following:
348	(a)  Timeframes.--
349	1.  Academy program or school performance grade category
350	designations shall be based on the school's current year
351	performance of the academy program or school and its the
352	school's annual learning gains.
353	2.  Beginning in school year 2007-2008, the performance
354	category designation of an academy program or a school shall be
355	determined based upon the following weighted factors, according
356	to rules adopted by the State Board of Education:
357	a.  Fifty percent of the performance category shall be
358	based on students' FCAT scores.
359	b.  Fifty percent of the performance category shall be
360	based on measures, where appropriate, that include performance
361	in non-FCAT courses; NAEP scores; dropout rate; retention;
362	expulsions; attendance; delinquencies; school crime rate;
363	effectiveness of Advanced Placement courses; Florida Bright
364	Futures Scholarship Program awards; college acceptance rates;
365	and rate of placement of vocational students in the workforce.
366	2.  A school's performance grade category designation shall
367	be based on a combination of student achievement scores, student
368	learning gains as measured by annual FCAT assessments in grades
369	3 through 10, and improvement of the lowest 25th percentile of
370	students in the school in reading, math, or writing on the FCAT,
371	unless these students are performing above satisfactory
372	performance.
373	(b)  Student assessment data.--Student assessment data used
374	in determining academy program and school performance grade
375	categories shall include:
376	1.  The aggregate scores of all eligible students enrolled
377	in the academy program or school who have been assessed on the
378	FCAT.
379	2.  The aggregate scores of all eligible students enrolled
380	in the academy program or school who have been assessed on the
381	FCAT, including Florida Writes, and who have scored at or in the
382	lowest 25th percentile of students in the school in reading,
383	math, or writing, unless these students are performing above
384	satisfactory performance.
385
386	The Department of Education shall study the effects of mobility
387	on the performance of highly mobile students and recommend
388	programs to improve the performance of such students. The State
389	Board of Education shall adopt appropriate criteria for each
390	school performance grade category. The criteria must also give
391	added weight to student achievement in reading. Schools
392	designated as performance grade category "C," making
393	satisfactory progress, shall be required to demonstrate that
394	adequate progress has been made by students in the school who
395	are in the lowest 25th percentile in reading, math, or writing
396	on the FCAT, including Florida Writes, unless these students are
397	performing above satisfactory performance.
398	(4)  SCHOOL IMPROVEMENT RATINGS.--The annual report shall
399	identify each school's performance as having improved, remained
400	the same, or declined. This school improvement rating shall be
401	based on a comparison of the current year's and previous year's
402	student and academy program or school performance data. Schools
403	that improve at least one performance grade category are
404	eligible for school recognition awards pursuant to s. 1008.36.
405	(5)  SCHOOL PERFORMANCE GRADE CATEGORY AND IMPROVEMENT
406	RATING REPORTS.--School performance grade category designations
407	and improvement ratings shall apply to the each school's
408	performance of each academy program or school for the year in
409	which performance is measured. Each school's designation and
410	rating shall be published annually by the Department of
411	Education and the school district. Parents shall be entitled to
412	an easy-to-read report card about the designation and rating of
413	the academy program or school in which their child is enrolled.
414	(6)  RULES.--The State Board of Education shall adopt rules
415	pursuant to ss. 120.536(1) and 120.54 to implement the
416	provisions of this section.
417	(7)  PERFORMANCE-BASED FUNDING.--The Legislature may factor
418	in the performance of academy programs and schools in
419	calculating any performance-based funding policy that is
420	provided for annually in the General Appropriations Act.
421	(8)  DISTRICT PERFORMANCE GRADE.--The annual report
422	required by subsection (1) shall include district performance
423	categories grades, which shall consist of weighted district
424	average performance categories grades, by level, for all
425	elementary schools, middle schools, and high schools in the
426	district. A district's weighted average performance category
427	grade shall be calculated by weighting individual academy
428	program and school performance category designations grades
429	determined pursuant to subsection (2) by school enrollment.
430	School districts shall have a variety of tools at their disposal
431	to maintain high performance standards. These tools shall
432	include, but not be limited to:
433	(a)  Giving academy programs and schools that make
434	"Adequate Progress" greater spending flexibility in their annual
435	budgets.
436	(b)  Allowing academy programs and schools that make
437	"Adequate Progress" to operate free of many state categoricals
438	and rules.
439	Section 7.  Section 1008.36, Florida Statutes, is amended
440	to read:
441	1008.36  Every Child Matters Florida School Recognition
442	Program.--
443	(1)  The Legislature finds that in order to provide every
444	student enrolled in K-12 public schools with the opportunity to
445	achieve a successful public education, academic problems must be
446	identified early and remediation and intervention services must
447	be provided. It is the intent of this section that no child
448	shall be left behind there is a need for a performance incentive
449	program for outstanding faculty and staff in highly productive
450	schools. The Legislature further finds that performance-based
451	incentives are commonplace in the private sector and should be
452	infused into the public sector as a reward for productivity.
453	(2)  The Every Child Matters Florida School Recognition
454	Program is created to provide financial awards to public schools
455	that:
456	(a)  A curriculum-based, year-round measurement of learning
457	gains for all kindergarten students enrolled in public schools.
458	Sustain high performance by receiving a school grade of "A,"
459	making excellent progress; or
460	(b)  Remediation and intervention services to all
461	kindergarten through grade 12 students enrolled in public
462	schools who are not meeting grade-appropriate performance
463	expectations, including FCAT scores. Demonstrate exemplary
464	improvement due to innovation and effort by improving a letter
465	grade.
466	(3)  All public schools, including charter schools, that
467	receive a school grade pursuant to s. 1008.34 are eligible to
468	participate in the program.
469	(4)  All academy programs and selected schools shall
470	receive financial assistance awards depending on the
471	availability of funds appropriated and the number and size of
472	schools selected to receive an award. Funds must be distributed
473	to the school's fiscal agent and placed in the school's account
474	and must be used for purposes listed in subsection (5) as
475	determined jointly by the school's staff and school advisory
476	council. If school staff and the school advisory council cannot
477	reach agreement by November 1, the awards must be equally
478	distributed to all classroom teachers currently teaching in the
479	school.
480	(5)  Every Child Matters Program funds School recognition
481	awards must be used for the following:
482	(a)  Administration of the Dynamic Indicators of Basic
483	Early Literacy Skills (DIBELS) to all kindergarten students
484	enrolled in public schools Nonrecurring bonuses to the faculty
485	and staff;
486	(b)  Nonrecurring expenditures for remediation of low-
487	performing students, including remediation programs and
488	intervention services adopted and administered by the Department
489	of Education;
490	(c)(b)  Nonrecurring expenditures for educational equipment
491	or materials to assist in the remediation of low-performing
492	students; maintaining and improving student performance; or
493	(d)(c)  Temporary personnel for the school to assist in the
494	remediation of low-performing students; maintaining and
495	improving student performance.
496	(e)  Contracts with private sector participants to provide
497	remediation services provided that 90 percent of the personnel
498	providing services reside in the state; or
499	(f)  Transportation of students pursuant to s. 1002.391.
500
501	Notwithstanding statutory provisions to the contrary, incentive
502	awards are not subject to collective bargaining.
503	Section 8.  (1)  The Department of Education shall provide
504	training and informational resources for educators to administer
505	the Dynamic Indicators of Basic Early Literacy Skills (DIBELS)
506	and shall be responsible for creating and implementing
507	provisions for the collection and analysis of the testing data.
508	(2)  The Department of Education shall establish policies
509	and procedures for the development of individual education plans
510	for low-performing students who need remediation and
511	intervention services.
512	Section 9.  This act shall take effect July 1, 2006.

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