Senate Bill sb2048
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Florida Senate - 2006 SB 2048
By the Committee on Education
581-664F-06
1 A bill to be entitled
2 An act relating to education; amending s.
3 11.90, F.S.; requiring that the Legislative
4 Budget Commission review proposed federal
5 education plans; amending s. 20.15, F.S.;
6 establishing the Division of Accountability,
7 Research, and Measurement in the Department of
8 Education; amending s. 1000.03, F.S.;
9 specifying that the mission of the state's K-20
10 education system is to provide high quality,
11 rigorous, and relevant learning opportunities
12 for students; repealing s. 1000.041, F.S., to
13 conform provisions relating to the 2005 repeal
14 of the BEST Florida Teaching salary career
15 ladder program; amending s. 1001.02, F.S.;
16 requiring legislative approval of a revised
17 state plan to implement certain federal
18 requirements; amending s. 1001.03, F.S.;
19 requiring the State Board of Education to
20 facilitate the review of the Sunshine State
21 Standards and provide a report to the Governor
22 and Legislature; requiring the maintenance of a
23 uniform school district personnel
24 classification system; amending s. 1001.10,
25 F.S.; requiring legislative approval of a
26 revised state plan to implement certain federal
27 requirements; creating s. 1001.215, F.S.;
28 creating the Just Read, Florida! Office in the
29 Department of Education; providing duties;
30 amending s. 1001.33, F.S.; conforming
31 provisions relating to the 2005 repeal of the
1
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Florida Senate - 2006 SB 2048
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1 BEST Florida Teaching salary career ladder
2 program; amending s. 1001.41, F.S.; requiring
3 district school boards to adopt standards and
4 policies to provide to each student a complete
5 education program; amending s. 1001.42, F.S.,
6 relating to requirements of district plans for
7 school improvements; requiring alignment with
8 the Sunshine State Standards; repealing s.
9 1001.51(24), F.S., and amending s. 1001.54,
10 F.S.; conforming provisions relating to the
11 2005 repeal of the BEST Florida Teaching salary
12 career ladder program; requiring each secondary
13 school principal to implement a school redesign
14 plan; amending s. 1003.01, F.S.; revising the
15 definition of the terms "special education
16 services" and "career education"; defining the
17 terms "career academies" and "small learning
18 communities" and providing requirements;
19 amending s. 1003.05, F.S.; deleting the
20 requirement that certain children receive
21 preference for admission to special academic
22 programs even if maximum enrollment has been
23 reached; revising programs defined as "special
24 academic programs" for purposes of such
25 preference; amending s. 1003.415, F.S.;
26 renaming the Middle Grades Reform Act as the
27 "Florida Secondary Schools Redesign Act";
28 providing legislative purpose and intent;
29 requiring that school boards adopt policies for
30 individual secondary school redesign plans;
31 providing requirements for the middle school
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Florida Senate - 2006 SB 2048
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1 redesign plans and high school redesign plans;
2 requiring each middle school to develop a
3 personalized academic and career plan for each
4 student; requiring that the plan be refined
5 each year; providing requirements for
6 remediation; requiring that the academic and
7 career plan be incorporated into the individual
8 student plan; requiring that the Department of
9 Education provide model personalized academic
10 and career plans; requiring public schools and
11 charter schools to provide an academic
12 improvement plan for students who score below a
13 specified level on the FCAT; creating s.
14 1003.4156, F.S.; specifying general
15 requirements for middle school promotion;
16 requiring an intensive reading course under
17 certain circumstances; requiring school
18 district policies for implementation and
19 authorizing alternative methods for
20 progression; amending s. 1003.42, F.S.,
21 relating to required instruction; revising the
22 requirements for studying U.S. history and free
23 enterprise; amending s. 1003.43, F.S., relating
24 to requirements for high school graduation;
25 revising requirements for graduation;
26 conforming cross-references; amending s.
27 1003.437, F.S.; including middle grades in the
28 uniform grading system; amending s. 1003.491,
29 F.S.; including within career education the
30 academic and career plans and career academies;
31 amending s. 1003.62, F.S.; conforming
3
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1 provisions relating to the designation of
2 school grades and differentiated-pay polices;
3 amending s. 1003.57, F.S.; providing guidelines
4 for determining the residency of a student who
5 receives instruction as an exceptional student
6 with a disability; requiring the student's
7 placing authority or parent to pay the cost of
8 such instruction, facilities, and services;
9 providing responsibilities of the Department of
10 Education; providing responsibilities of
11 residential facilities that educate exceptional
12 students with disabilities; providing
13 applicability; creating s. 1003.576, F.S.;
14 requiring the Department of Education to
15 develop an individual education plan form for
16 use in developing and implementing individual
17 education plans for exceptional students;
18 requiring school districts to use the form;
19 amending s. 1003.58, F.S.; correcting a
20 cross-reference; creating s. 1004.64, F.S.;
21 establishing the Florida Center for Reading
22 Research; specifying the duties of the center;
23 amending s. 1006.09, F.S.; conforming a
24 cross-reference; amending s. 1007.21, F.S.;
25 revising the readiness requirements for
26 postsecondary education and the workplace;
27 amending s. 1007.271, F.S.; revising the
28 weighting systems for certain high school
29 courses; amending s. 1008.22, F.S.; specifying
30 FCAT grade level and subject area testing
31 requirements; requiring documentation of
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1 procedures that ensure test difficulty under
2 certain circumstances; requiring the State
3 Board of Education to conduct concordance
4 studies to determine FCAT equivalencies for
5 high school graduation; deleting a limitation
6 on and specifying requirements for the use of
7 alternative assessments to the grade 10 FCAT;
8 requiring an annual report on student
9 performance; amending s. 1008.25, F.S.;
10 revising requirements for assessment and
11 remediation; requiring that students be
12 provided with strategies for intervention and
13 instruction; requiring that the academic
14 improvement plan be incorporated into the
15 personalized academic and career plan;
16 repealing s. 1008.301, F.S., relating to a
17 concordance study of FCAT equivalencies for
18 high school graduation; amending s. 1008.31,
19 F.S.; revising goals and measures of the K-20
20 performance accountability system and requiring
21 data quality improvements; providing for
22 development of reporting or data collection
23 requirements; amending s. 1008.33, F.S.;
24 conforming a cross-reference and provisions
25 relating to the designation of school grades;
26 amending s. 1008.34, F.S.; revising terminology
27 and provisions relating to designation and
28 determination of school grades; providing for
29 the designation of school grades for feeder
30 pattern schools under certain circumstances;
31 specifying use of assessment data with respect
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1 to alternative schools; defining the term "home
2 school"; requiring an annual school report card
3 to be published by the department and
4 distributed by school districts; creating s.
5 1008.341, F.S.; requiring improvement ratings
6 for certain alternative schools; providing the
7 basis for such ratings and requiring annual
8 performance reports; providing for
9 determination of school improvement ratings,
10 identification of learning gains, and
11 eligibility for school recognition awards;
12 requiring the development and distribution of
13 an annual school report card; amending s.
14 1008.345, F.S.; conforming cross-references and
15 provisions relating to the designation of
16 school grades; amending s. 1011.62, F.S.;
17 providing FTE funding for juveniles enrolled in
18 specified education programs; providing funding
19 for supplemental educational programs;
20 providing funding for supplemental educational
21 services for certain students; conforming
22 cross-references and provisions relating to the
23 designation of school grades; establishing a
24 research-based reading instruction allocation
25 to provide funds for a comprehensive reading
26 instruction system; requiring school district
27 plans for use of the allocation and approval
28 thereof; including the allocation in the total
29 amount allocated to each school district for
30 current operation; amending s. 1011.64, F.S.;
31 conforming terminology and a cross-reference;
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Florida Senate - 2006 SB 2048
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1 amending s. 1011.685, F.S.; conforming
2 provisions relating to the 2005 repeal of the
3 BEST Florida Teaching salary career ladder
4 program and implementation of a
5 differentiated-pay policy; amending s. 1011.71,
6 F.S.; correcting a cross-reference; amending s.
7 1012.21, F.S.; requiring the department to
8 annually post online school district collective
9 bargaining contracts and the salary and
10 benefits of certain personnel; amending s.
11 1012.22, F.S.; deleting a requirement that each
12 district school board adopt a performance-pay
13 policy; requiring each district school board to
14 annually provide to the department its
15 negotiated collective bargaining contract and
16 the salary and benefits of certain personnel;
17 creating s. 1012.2312, F.S.; requiring each
18 district school board to adopt a
19 differentiated-pay policy for instructional
20 personnel; providing factors on which
21 differentiated pay shall be based; authorizing
22 the withholding of funds from school districts
23 under certain circumstances; creating s.
24 1012.2313, F.S.; requiring each district school
25 board to have a differentiated-pay policy for
26 school administrators; providing factors on
27 which differentiated pay shall be based;
28 authorizing the withholding of funds from
29 school districts under certain circumstances;
30 creating s. 1012.2315, F.S.; providing school
31 district requirements for the assignment of
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Florida Senate - 2006 SB 2048
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1 teachers and authorizing incentives; providing
2 procedures for noncompliance; providing
3 requirements relating to collective bargaining;
4 amending s. 1012.27, F.S.; conforming
5 provisions relating to the 2005 repeal of the
6 BEST Florida Teaching salary career ladder
7 program and implementation of a
8 differentiated-pay policy; amending s. 1012.28,
9 F.S.; conforming a cross-reference; amending s.
10 1012.34, F.S.; conforming provisions relating
11 to deletion of a rigorous reading requirement;
12 amending s. 1012.56, F.S., relating to middle
13 grades certification; encouraging school
14 districts to provide for additional
15 certification for teachers; amending s.
16 1012.98, F.S., relating to the School Community
17 Professional Development Act; revising the
18 purpose of the professional development system;
19 providing for additional activities; requiring
20 instructional strategies and methods that
21 support rigorous, relevant, and challenging
22 curriculum; providing requirements for followup
23 support and the master plan for inservice
24 activities; providing requirements for the
25 individual professional development plan for
26 instructional employees; deleting a provision
27 authorizing an organization of private schools
28 to develop a professional development system;
29 requiring the department to disseminate
30 best-practice methods and model professional
31 development programs; amending s. 1012.985,
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Florida Senate - 2006 SB 2048
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1 F.S.; providing for a statewide system for the
2 professional development of school leaders
3 consisting of a collaborative network of
4 professional organizations; providing goals of
5 the network; repealing s. 1012.987, F.S., which
6 requires the State Board of Education to adopt
7 rules through which school principals may earn
8 a leadership designation; providing an
9 effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Subsection (8) is added to section 11.90,
14 Florida Statutes, to read:
15 11.90 Legislative Budget Commission.--
16 (8) The commission shall review the proposed state
17 plans of the State Board of Education and the Commissioner of
18 Education which are required under federal law before those
19 plans are submitted.
20 Section 2. Paragraph (f) is added to subsection (3) of
21 section 20.15, Florida Statutes, to read:
22 20.15 Department of Education.--There is created a
23 Department of Education.
24 (3) DIVISIONS.--The following divisions of the
25 Department of Education are established:
26 (f) Division of Accountability, Research, and
27 Measurement.
28 Section 3. Subsection (4) of section 1000.03, Florida
29 Statutes, is amended to read:
30 1000.03 Function, mission, and goals of the Florida
31 K-20 education system.--
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Florida Senate - 2006 SB 2048
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1 (4) The mission of Florida's K-20 education system is
2 to allow its students to increase their proficiency by
3 allowing them the opportunity to expand their knowledge and
4 skills through high quality, rigorous, relevant adequate
5 learning opportunities, in accordance with the mission
6 statement and accountability requirements of s. 1008.31.
7 Section 4. Section 1000.041, Florida Statutes, is
8 repealed.
9 Section 5. Paragraph (g) of subsection (2) of section
10 1001.02, Florida Statutes, is amended to read:
11 1001.02 General powers of State Board of Education.--
12 (2) The State Board of Education has the following
13 duties:
14 (g) To approve plans for cooperating with the Federal
15 Government. Upon the 2007 reauthorization of the federal No
16 Child Left Behind Act of 2001, the Commissioner of Education
17 shall seek public input and secure legislative approval of the
18 revised state plan prior to submission.
19 Section 6. Subsections (1) and (14) of section
20 1001.03, Florida Statutes, are amended to read:
21 1001.03 Specific powers of State Board of Education.--
22 (1) PUBLIC K-12 STUDENT PERFORMANCE STANDARDS.--The
23 State Board of Education shall approve the student performance
24 standards known as the Sunshine State Standards in key
25 academic subject areas and grade levels. The state board shall
26 facilitate the review and refinement of the standards to
27 ensure adequate rigor, relevance, and appropriate student
28 progression. The process for review and proposed revisions
29 must include leadership and input from the state's classroom
30 teachers, school administrators, community colleges and
31 universities, and representatives from business and industry
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1 identified by local education foundations. Proposed revisions
2 must be completed by December 1, 2006, and a report submitted
3 to the Governor, the President of the Senate, and the Speaker
4 of the House of Representatives by January 1, 2007.
5 (14) UNIFORM CLASSIFICATION SYSTEM FOR SCHOOL DISTRICT
6 ADMINISTRATIVE AND MANAGEMENT PERSONNEL.--The State Board of
7 Education shall maintain recommend to the Legislature by
8 February 1, 2003, a uniform classification system for school
9 district administrative and management personnel that will
10 facilitate the uniform coding of administrative and management
11 personnel to total district employees.
12 Section 7. Subsection (8) of section 1001.10, Florida
13 Statutes, is amended to read:
14 1001.10 Commissioner of Education; general powers and
15 duties.--The Commissioner of Education is the chief
16 educational officer of the state, and is responsible for
17 giving full assistance to the State Board of Education in
18 enforcing compliance with the mission and goals of the
19 seamless K-20 education system. To facilitate innovative
20 practices and to allow local selection of educational methods,
21 the State Board of Education may authorize the commissioner to
22 waive, upon the request of a district school board, State
23 Board of Education rules that relate to district school
24 instruction and school operations, except those rules
25 pertaining to civil rights, and student health, safety, and
26 welfare. The Commissioner of Education is not authorized to
27 grant waivers for any provisions in rule pertaining to the
28 allocation and appropriation of state and local funds for
29 public education; the election, compensation, and organization
30 of school board members and superintendents; graduation and
31 state accountability standards; financial reporting
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1 requirements; reporting of out-of-field teaching assignments
2 under s. 1012.42; public meetings; public records; or due
3 process hearings governed by chapter 120. No later than
4 January 1 of each year, the commissioner shall report to the
5 Legislature and the State Board of Education all approved
6 waiver requests in the preceding year. Additionally, the
7 commissioner has the following general powers and duties:
8 (8) To develop and implement a plan for cooperating
9 with the Federal Government in carrying out any or all phases
10 of the educational program and to recommend policies for
11 administering funds that are appropriated by Congress and
12 apportioned to the state for any or all educational purposes.
13 Upon the 2007 reauthorization of the federal No Child Left
14 Behind Act of 2001, the Commissioner of Education shall seek
15 public input and secure legislative approval of the revised
16 state plan prior to submission.
17
18 The commissioner's office shall operate all statewide
19 functions necessary to support the State Board of Education
20 and the K-20 education system, including strategic planning
21 and budget development, general administration, and assessment
22 and accountability.
23 Section 8. Section 1001.215, Florida Statutes, is
24 created to read:
25 1001.215 Just Read, Florida! Office.--There is created
26 in the Department of Education the Just Read, Florida! office.
27 The office shall be fully accountable to the Commissioner of
28 Education and shall:
29 (1) Train professionally certified teachers to become
30 reading coaches.
31
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1 (2) Create multiple designations of effective reading
2 instruction, with accompanying credentials, which encourage
3 all teachers to integrate reading instruction into their
4 content areas.
5 (3) Train K-12 teachers, school principals, and
6 parents on research-based reading instructional strategies and
7 secondary teachers on effective reading in the content area
8 strategies.
9 (4) Provide technical assistance to school districts
10 in the development and implementation of district plans for
11 use of the research-based reading instruction allocation
12 provided in s. 1011.62(8) and annually review and approve such
13 plans.
14 (5) Review, evaluate, and provide technical assistance
15 to school districts' implementation of the K-12 comprehensive
16 reading plan required in s. 1011.62(8).
17 (6) Work with the Florida Center for Reading Research
18 to provide information on research-based reading programs and
19 effective reading in the content area strategies.
20 (7) Periodically review the Sunshine State Standards
21 for reading at all grade levels.
22 (8) Periodically review teacher certification
23 examinations, including alternative certification exams, to
24 ascertain whether the examinations measure the skills needed
25 for research-based reading and reading in the content area
26 instructional strategies.
27 (9) Work with teacher preparation programs approved
28 pursuant to s. 1004.04 to integrate research-based reading
29 instructional strategies and reading in the content area
30 instructional strategies into teacher preparation programs.
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1 (10) Administer grants and perform other functions as
2 necessary to meet the goal that all students read at grade
3 level.
4 Section 9. Section 1001.33, Florida Statutes, is
5 amended to read:
6 1001.33 Schools under control of district school board
7 and district school superintendent.--
8 (1) Except as otherwise provided by law, all public
9 schools conducted within the district shall be under the
10 direction and control of the district school board with the
11 district school superintendent as executive officer.
12 (2) Each district school board, each district school
13 superintendent, and each district and school-based
14 administrator shall cooperate to apply the following guiding
15 principles of Better Educated Students and Teachers (BEST)
16 Florida Teaching:
17 (a) Teachers lead, students learn.
18 (b) Teachers maintain orderly, disciplined classrooms
19 conducive to student learning.
20 (c) Teachers are trained, recruited, well compensated,
21 and retained for quality.
22 (d) Teachers are well rewarded for their students'
23 high performance.
24 (e) Teachers are most effective when served by
25 exemplary school administrators.
26 Section 10. Subsection (3) of section 1001.41, Florida
27 Statutes, is amended to read:
28 1001.41 General powers of district school board.--The
29 district school board, after considering recommendations
30 submitted by the district school superintendent, shall
31 exercise the following general powers:
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1 (3) Prescribe and adopt standards and policies to
2 provide each student the opportunity to receive a complete
3 education program, including language arts, mathematics,
4 science, social studies, health, physical education, foreign
5 languages, and the arts, as defined by the Sunshine State
6 Standards. The standards and policies must emphasize
7 integration and reinforcement of reading, writing, and
8 mathematics skills, including career awareness, exploration,
9 and planning, across all subjects. as are considered desirable
10 by it for improving the district school system.
11 Section 11. Paragraph (c) of subsection (5) of section
12 1001.42, Florida Statutes, is repealed, and subsection (16) of
13 that section is amended, to read:
14 1001.42 Powers and duties of district school
15 board.--The district school board, acting as a board, shall
16 exercise all powers and perform all duties listed below:
17 (5) PERSONNEL.--
18 (c) Fully support and cooperate in the application of
19 the guiding principles of Better Educated Students and
20 Teachers (BEST) Florida Teaching, pursuant to s. 1000.041.
21 (16) IMPLEMENT SCHOOL IMPROVEMENT AND
22 ACCOUNTABILITY.--Maintain a system of school improvement and
23 education accountability as provided by statute and State
24 Board of Education rule. This system of school improvement and
25 education accountability shall be consistent with, and
26 implemented through, the district's continuing system of
27 planning and budgeting required by this section and ss.
28 1008.385, 1010.01, and 1011.01. This system of school
29 improvement and education accountability shall include, but is
30 not limited to, the following:
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1 (a) School improvement plans.--Annually approve and
2 require implementation of a new, amended, or continuation
3 school improvement plan for each school in the district,
4 except that a district school board may establish a district
5 school improvement plan that includes all schools in the
6 district operating for the purpose of providing educational
7 services to youth in Department of Juvenile Justice programs.
8 Such plan shall be designed to achieve the state education
9 priorities pursuant to s. 1000.03(5) and student performance
10 standards. In addition, any school required to implement a
11 rigorous reading requirement pursuant to s. 1003.415 must
12 include such component in its school improvement plan. Each
13 plan shall also address issues relative to budget, training,
14 instructional materials, technology, staffing, student support
15 services, specific school safety and discipline strategies,
16 student health and fitness, including physical fitness,
17 parental information on student health and fitness, and indoor
18 environmental air quality, and other matters of resource
19 allocation, as determined by district school board policy, and
20 shall be based on an analysis of student achievement and other
21 school performance data.
22 (b) Alignment with Sunshine State Standards.--Design
23 the school district's system of school improvement and student
24 progression to provide frequent and accurate information to
25 the teacher and student regarding each student's progress
26 toward mastering the Sunshine State Standards. The system must
27 support the alignment of the Sunshine State Standards,
28 monitoring of individual student progress, and enhanced
29 instructional strategies, assessment, and professional
30 development. Each school improvement plan must include:
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1 1. Professional development that supports enhanced
2 instructional strategies, improves teaching and learning, and
3 addresses skill gaps.
4 2. Evidence of continuous use of disaggregated student
5 achievement data to determine effectiveness of instructional
6 strategies.
7 3. Ongoing assessment to monitor individual student
8 progress and to redesign instruction, if needed.
9 4. Alternative instructional delivery methods to
10 support remediation and enrichment strategies.
11 (c)(b) Approval process.--Develop a process for
12 approval of a school improvement plan presented by an
13 individual school and its advisory council. In the event a
14 district school board does not approve a school improvement
15 plan after exhausting this process, the Department of
16 Education shall be notified of the need for assistance.
17 (d)(c) Assistance and intervention.--
18 1. Develop a 2-year plan of increasing individualized
19 assistance and intervention for each school in danger of not
20 meeting state standards or making adequate progress, as
21 defined pursuant to statute and State Board of Education rule,
22 toward meeting the goals and standards of its approved school
23 improvement plan.
24 2. Provide assistance and intervention to a school
25 that is identified as being in performance grade category "D"
26 pursuant to s. 1008.34 and is in danger of failing.
27 3. Develop a plan to encourage teachers with
28 demonstrated mastery in improving student performance to
29 remain at or transfer to a school designated as performance
30 grade category "D" or "F" or to an alternative school that
31 serves disruptive or violent youths. If a classroom teacher,
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1 as defined by s. 1012.01(2)(a), who meets the definition of
2 teaching mastery developed according to the provisions of this
3 paragraph, requests assignment to a school designated as
4 performance grade category "D" or "F" or to an alternative
5 school that serves disruptive or violent youths, the district
6 school board shall make every practical effort to grant the
7 request.
8 4. Prioritize, to the extent possible, the
9 expenditures of funds received from the supplemental academic
10 instruction categorical fund under s. 1011.62(1)(f) to improve
11 student performance in schools that receive a performance
12 grade category designation of "D" or "F."
13 (e)(d) After 2 years.--Notify the Commissioner of
14 Education and the State Board of Education in the event any
15 school does not make adequate progress toward meeting the
16 goals and standards of a school improvement plan by the end of
17 2 years of failing to make adequate progress and proceed
18 according to guidelines developed pursuant to statute and
19 State Board of Education rule. School districts shall provide
20 intervention and assistance to schools in danger of being
21 designated as performance grade category "F," failing to make
22 adequate progress.
23 (f)(e) Public disclosure.--Provide information
24 regarding performance of students and educational programs as
25 required pursuant to ss. 1008.22 and 1008.385 and implement a
26 system of school reports as required by statute and State
27 Board of Education rule that shall include schools operating
28 for the purpose of providing educational services to youth in
29 Department of Juvenile Justice programs, and for those
30 schools, report on the elements specified in s. 1003.52(19).
31 Annual public disclosure reports shall be in an easy-to-read
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1 report card format and shall include the school's student and
2 school performance grade category designation and performance
3 data as specified in state board rule.
4 (g)(f) School improvement funds.--Provide funds to
5 schools for developing and implementing school improvement
6 plans. Such funds shall include those funds appropriated for
7 the purpose of school improvement pursuant to s. 24.121(5)(c).
8 Section 12. Subsection (24) of section 1001.51,
9 Florida Statutes, is repealed.
10 Section 13. Paragraphs (c) and (d) of subsection (1)
11 and subsection (2) of section 1001.54, Florida Statutes, are
12 amended to read:
13 1001.54 Duties of school principals.--
14 (1)
15 (c) The school principal shall encourage school
16 personnel to implement the guiding principles for Better
17 Educated Students and Teachers (BEST) Florida Teaching,
18 pursuant to s. 1000.041.
19 (c)(d) The school principal shall fully support the
20 authority of each teacher and school bus driver to remove
21 disobedient, disrespectful, violent, abusive, uncontrollable,
22 or disruptive students from the classroom and the school bus
23 and, when appropriate and available, place such students in an
24 alternative educational setting.
25 (2) Each school principal shall provide instructional
26 leadership in the development, or revision, and implementation
27 of a school improvement plan, pursuant to s. 1001.42(16), and,
28 for secondary school principals, an integrated school redesign
29 plan pursuant to s. 1003.415(4).
30
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1 Section 14. Paragraph (b) of subsection (3) and
2 subsection (4) of section 1003.01, Florida Statutes, are
3 amended to read:
4 1003.01 Definitions.--As used in this chapter, the
5 term:
6 (3)
7 (b) "Special education services" means specially
8 designed instruction and such related services as are
9 necessary for an exceptional student to benefit from
10 education. Such services may include: transportation;
11 diagnostic and evaluation services; social services; physical
12 and occupational therapy; speech and language pathology
13 services; job placement; orientation and mobility training;
14 braillists, typists, and readers for the blind; interpreters
15 and auditory amplification; rehabilitation counseling;
16 transition services; mental health services; guidance and
17 career counseling; specified materials, assistive technology
18 devices, and other specialized equipment; and other such
19 services as approved by rules of the state board.
20 (4)(a) "Career education" means education that
21 provides instruction for the following purposes:
22 1.(a) At the elementary, middle, and high secondary
23 school levels, exploratory courses designed to give students
24 initial exposure to a broad range of occupations to assist
25 them in preparing their academic and occupational plans, and
26 practical arts courses that provide generic skills that may
27 apply to many occupations but are not designed to prepare
28 students for entry into a specific occupation. Career
29 education provided before high school completion must be
30 designed to strengthen enhance both occupational awareness and
31
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1 academic skills integrated throughout all through integration
2 with academic instruction.
3 2.(b) At the secondary school level, job-preparatory
4 instruction in the competencies that prepare students for
5 effective entry into an occupation, including diversified
6 cooperative education, work experience, and job-entry programs
7 that coordinate directed study and on-the-job training.
8 3.(c) At the postsecondary education level, courses of
9 study that provide competencies needed for entry into specific
10 occupations or for advancement within an occupation.
11 (b) "Career academies" are defined as strategic
12 educational training opportunities provided in small learning
13 communities to ensure outcomes and skills based on viable
14 careers, occupations, and industry needs. The academic focus
15 of individual career academies must be determined
16 cooperatively among school districts, postsecondary
17 institutions, local workforce boards, and chambers of
18 commerce. Career academies shall use existing infrastructure
19 whenever possible and include, at a minimum:
20 1. Rigorous coursework based on industry performance
21 standards;
22 2. Attainment of a high school diploma;
23 3. Preparation for careers based on local, regional,
24 and national economic trends to provide a skilled Florida
25 workforce;
26 4. Industry certification, if applicable, for
27 occupations based on local and national economic indicators;
28 5. Opportunities to earn college credit; and
29 6. Ease of access into postsecondary education or the
30 workforce, or both.
31
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1 (c) "Small learning communities" are defined as
2 schools within a school, magnet programs within a school, or a
3 similar model having an emphasis on a particular subject, area
4 of study, or career themes or clusters. Small learning
5 communities shall use existing infrastructure whenever
6 possible and include:
7 1. Rigorous coursework based on state and
8 career-related standards;
9 2. Attainment of a high school diploma;
10 3. Preparation for careers based on student interests
11 and a skilled Florida workforce;
12 4. Opportunities to earn college credit; and
13 5. Ease of access into postsecondary education or the
14 workforce, or both.
15 Section 15. Subsection (3) of section 1003.05, Florida
16 Statutes, is amended to read:
17 1003.05 Assistance to transitioning students from
18 military families.--
19 (3) Dependent children of active duty military
20 personnel who otherwise meet the eligibility criteria for
21 special academic programs offered through public schools shall
22 be given first preference for admission to such programs even
23 if the program is being offered through a public school other
24 than the school to which the student would generally be
25 assigned and the school at which the program is being offered
26 has reached its maximum enrollment. If such a program is
27 offered through a public school other than the school to which
28 the student would generally be assigned, the parent or
29 guardian of the student must assume responsibility for
30 transporting the student to that school. For purposes of this
31 subsection, special academic programs include charter schools,
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1 magnet schools, advanced studies programs, advanced placement,
2 dual enrollment, Advanced International Certificate of
3 Education, and International Baccalaureate.
4 Section 16. Section 1003.415, Florida Statutes, is
5 amended to read:
6 1003.415 The Florida Secondary Schools Redesign Middle
7 Grades Reform Act.--
8 (1) SHORT TITLE POPULAR NAME.--This section may be
9 cited as shall be known by the popular name the "Florida
10 Secondary Schools Redesign Middle Grades Reform Act."
11 (2) PURPOSE AND INTENT.--The purpose of this section
12 is to provide added academic focus, and rigor, relevance, and
13 opportunity for relationships to academics in the secondary
14 middle grades. Using integrated reading instruction as the
15 foundation, all secondary middle grade students shall should
16 receive rigorous academic instruction through challenging and
17 relevant curricula delivered by highly qualified teachers in
18 schools that have with outstanding principal leadership and,
19 which schools are supported by engaged and informed parents
20 and business partners. It is the intent of the Legislature
21 that students entering 9th promoted from the eighth grade will
22 be prepared ready for success in high school and that students
23 graduating from high school will be prepared for postsecondary
24 education and the workforce.
25 (3) DEFINITION.--As used in this section, the term
26 "secondary schools middle grades" means grades 6 through 12,
27 7, and 8.
28 (4) REDESIGN PLANS.--Beginning with the 2006-2007
29 school year, each district school board shall adopt policies
30 to provide support for all secondary schools to develop an
31 individual school redesign plan. The primary goal of the
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1 redesign plan is to increase student engagement and
2 achievement through enhanced instructional opportunities that
3 stress rigor, relevance, and relationships; to encourage
4 students to remain in school and graduate on time; and to
5 prepare students for postsecondary education and the world of
6 work. Each secondary school's plan must include a timeline, a
7 comprehensive professional development plan, and designation
8 of the responsibilities of teachers, administrators, parents,
9 students, the business community, and district staff.
10 Secondary school redesign plans must be integral to school and
11 district improvement plans pursuant to s. 1001.42(16)(a) and
12 district professional development plans pursuant to s.
13 1012.98(4)(b).
14 (a) The middle school redesign plans must be based on
15 a sound and strategic preparation for high school success and
16 include the following:
17 1. Instructional strategies to increase rigor and
18 relevance throughout the curriculum to prepare middle school
19 students for rigorous high school courses, postsecondary
20 studies, and the world of work;
21 2. Instructional strategies to increase annually the
22 percentage of students enrolled in and successfully completing
23 algebra. Middle schools are encouraged to provide at least one
24 high school course with priority given to algebra;
25 3. Integration of reading strategies in all content
26 areas;
27 4. Comprehensive career exploration, which results in
28 the development of individual 4- to 5-year academic plans for
29 every student by the end of grade 8 pursuant to s. 1006.02;
30 5. Organizational strategies as specified in s.
31 1003.02(4) which include small-group advisement, small
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1 learning communities, or similar models to ensure enhanced
2 adult relationships for every student to support and sustain
3 rigorous and relevant academics;
4 6. Intensive remediation strategies to close skill
5 gaps, including summer bridge academies;
6 7. Organizational strategies to encourage common
7 planning time and professional learning communities for
8 instructional and administrative staff;
9 8. Strategies to increase continuous monitoring of
10 student achievement using data and data analysis; and
11 9. Strategies to communicate redesign plans with
12 feeder pattern high schools in order to obtain input and
13 feedback and ensure continuous improvement of academic
14 achievement for all students.
15 (b) The high school redesign plans must be based on a
16 sound and strategic preparation for postsecondary education
17 and the workforce and include the following:
18 1. Instructional strategies to increase rigor and
19 relevance throughout the curriculum to prepare high school
20 students for rigorous postsecondary studies and the demands of
21 the workplace;
22 2. Instructional strategies to increase annually the
23 percentage of students enrolled in and successful in
24 higher-level math courses, including algebra II and above;
25 3. Integration of reading strategies in all content
26 areas;
27 4. Use and refinement of individual student 4- to
28 5-year academic and career plans as the basis for course
29 selection and enrollment pursuant to s. 1006.02;
30 5. Organizational strategies as specified in s.
31 1003.02(4) which include small group advisement, small
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1 learning communities, or similar models to ensure enhanced
2 adult relationships with every student to support and sustain
3 rigorous and relevant academics;
4 6. Intensive remediation strategies to close skill
5 gaps, including summer bridge academies;
6 7. Organizational strategies to encourage common
7 planning time and professional learning communities for
8 instructional and administrative staff;
9 8. Strategies to develop and refine 9th grade
10 academies as the cornerstone year to ensure successful
11 transition to high school, student engagement in rigorous
12 coursework, and preparation for postsecondary education and
13 the workforce pursuant to s. 1006.02;
14 9. Strategies to share redesign plans with feeder
15 pattern middle schools in order to obtain input and feedback
16 and ensure continuous improvement of academic achievement for
17 all students;
18 10. Strategies to transform the senior year as the
19 capstone year to enhance student transition to postsecondary
20 school and the workforce; and
21 11. Strategies for developing or enhancing existing
22 professional career academies as defined in s. 1003.01(4).
23 (5) PERSONALIZED ACADEMIC AND CAREER PLANS.--
24 (a) Beginning with the 2006-2007 school year, each
25 middle school shall begin development of personalized academic
26 and career plans based on a comprehensive career exploration
27 course. Beginning with the 2007-2008 school year, personalized
28 academic and career plans shall be developed by the end of
29 grade 8 as a collaborative effort between the student and the
30 student's teachers, teacher advisors, guidance counselors, and
31 parents. The purpose of the plan is to provide each student
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1 with a 4- to 5-year plan based on individual aspirations and
2 goals for postsecondary education and possible careers. The
3 plan shall be developed and refined yearly in collaboration
4 with the student and his or her parent, teachers, teacher
5 advisors, and guidance staff, and shall be focused on rigorous
6 coursework that is aligned to the student's plans for
7 postsecondary education or the workforce, or both.
8 (b) For secondary students who score below Level 3 in
9 reading or math on the most recently administered FCAT, the
10 personalized academic and career plan must also include a
11 provision for instructional assistance pursuant to s.
12 1008.25(4) and must include identification of the student's
13 strengths and weaknesses, intervention strategies, and
14 continuous monitoring of the student's progress in academic
15 performance.
16 (c) The personalized academic and career plan must be
17 seamlessly incorporated into individual student plans required
18 by federal or state law, including the academic improvement
19 plan required in s. 1008.25, an individual education plan
20 (IEP) for a student with disabilities, a federal 504 plan, or
21 an ESOL plan.
22 (d) The Department of Education, with input from
23 school-based instructional leaders, shall provide model 4- to
24 5-year personalized academic and career plans in order to
25 provide resource samples to secondary schools. Model plans
26 shall be made available on the department's website by
27 December 1, 2006. The assistance model shall include
28 strategies to synchronize and integrate existing plans
29 required by state or federal law in order to minimize
30 paperwork.
31
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1 (6) CHALLENGE SECONDARY SCHOOLS AWARD PROGRAM.--The
2 Commissioner of Education shall create and implement the
3 Challenge Secondary Schools Award Program to reward public
4 middle and high schools that demonstrate continuous academic
5 improvement and show the greatest gains in student academic
6 achievement in reading and mathematics.
7 (4) CURRICULA AND COURSES.--The Department of
8 Education shall review course offerings, teacher
9 qualifications, instructional materials, and teaching
10 practices used in reading and language arts programs in the
11 middle grades. The department must consult with the Florida
12 Center for Reading Research at Florida State University, the
13 Just Read, Florida! Office, reading researchers, reading
14 specialists, and district supervisors of curriculum in the
15 development of findings and recommendations. The Commissioner
16 of Education shall make recommendations to the State Board of
17 Education regarding changes to reading and language arts
18 curricula in the middle grades based on research-based proven
19 effective programs. The State Board of Education shall adopt
20 rules based upon the commissioner's recommendations no later
21 than March 1, 2005. Implementation of new or revised reading
22 and language arts courses in all middle grades shall be phased
23 in beginning no later than the 2005-2006 school year with
24 completion no later than the 2008-2009 school year.
25 (7)(5) ACADEMIC IMPROVEMENT PLAN RIGOROUS READING
26 REQUIREMENT.--
27 (a) Beginning with the 2007-2008 2004-2005 school
28 year, each public school serving middle grade students in
29 grades 6 through 12, including charter schools, must include,
30 as a component of the personalized academic and career plan,
31 an academic improvement plan pursuant to s. 1008.25(4), for
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1 students scoring below with fewer than 75 percent of its
2 students reading at or above grade level in grade 6, grade 7,
3 or grade 8 as measured by a student scoring at Level 3 on the
4 most recently administered or above on the FCAT. during the
5 prior school year, must incorporate by October 1 a rigorous
6 reading requirement for reading and language arts programs as
7 the primary component of its school improvement plan. The
8 department shall annually provide to each district school
9 board by June 30 a list of its schools that are required to
10 incorporate a rigorous reading requirement as the primary
11 component of the school's improvement plan. The department
12 shall provide technical assistance to school districts and
13 school administrators required to implement the rigorous
14 reading requirement. The department shall annually provide to
15 each district school board by June 30 a list of its schools
16 that are required to incorporate a rigorous reading
17 requirement as the primary component of the school's
18 improvement plan. The department shall provide technical
19 assistance to school districts and school administrators
20 required to implement the rigorous reading requirement.
21 (b) The purpose of the rigorous reading requirement is
22 to assist each student who is not reading at or above grade
23 level to do so before entering high school. The rigorous
24 reading requirement must include for a middle school's
25 low-performing student population specific areas that address
26 phonemic awareness, phonics, fluency, comprehension, and
27 vocabulary; the desired levels of performance in those areas;
28 and the instructional and support services to be provided to
29 meet the desired levels of performance. The school shall use
30 research-based reading activities that have been shown to be
31 successful in teaching reading to low-performing students.
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1 (c) Schools required to implement the rigorous reading
2 requirement must provide quarterly reports to the district
3 school superintendent on the progress of students toward
4 increased reading achievement.
5 (d) The results of implementation of a school's
6 rigorous reading requirement shall be used as part of the
7 annual evaluation of the school's instructional personnel and
8 school administrators as required in s. 1012.34.
9 (6) COMPREHENSIVE REFORM STUDY ON THE ACADEMIC
10 PERFORMANCE OF STUDENTS AND SCHOOLS.--
11 (a) The department shall conduct a study on how the
12 overall academic performance of middle grade students and
13 schools can be improved. The department must consult with the
14 Florida Center for Reading Research at Florida State
15 University, the Just Read, Florida! Office, and key education
16 stakeholders, including district school board members,
17 district school superintendents, principals, parents,
18 teachers, district supervisors of curriculum, and students
19 across the state, in the development of its findings and
20 recommendations. The department shall review, at a minimum,
21 each of the following elements:
22 1. Academic expectations, which include, but are not
23 limited to:
24 a. Alignment of middle school expectations with
25 elementary and high school graduation requirements.
26 b. Best practices to improve reading and language arts
27 courses based on research-based programs for middle school
28 students in alignment with the Sunshine State Standards.
29 c. Strategies that focus on improving academic success
30 for low-performing students.
31 d. Rigor of curricula and courses.
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1 e. Instructional materials.
2 f. Course enrollment by middle school students.
3 g. Student support services.
4 h. Measurement and reporting of student achievement.
5 2. Attendance policies and student mobility issues.
6 3. Teacher quality, which includes, but is not limited
7 to:
8 a. Preparedness of teachers to teach rigorous courses
9 to middle school students.
10 b. Teacher evaluations.
11 c. Substitute teachers.
12 d. Certification and recertification requirements.
13 e. Staff development requirements.
14 f. Availability of effective staff development
15 training.
16 g. Teacher recruitment and vacancy issues.
17 h. Federal requirements for highly qualified teachers
18 pursuant to the No Child Left Behind Act of 2001.
19 4. Identification and availability of diagnostic
20 testing.
21 5. Availability of personnel and scheduling issues.
22 6. Middle school leadership and performance.
23 7. Parental and community involvement.
24 (b) By December 1, 2004, the Commissioner of Education
25 shall submit to the President of the Senate, the Speaker of
26 the House of Representatives, the chairs of the education
27 committees in the Senate and the House of Representatives, and
28 the State Board of Education recommendations to increase the
29 academic performance of middle grade students and schools.
30 (7) PERSONALIZED MIDDLE SCHOOL SUCCESS PLAN.--
31
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1 (a) Beginning with the 2004-2005 school year, each
2 principal of a school with a middle grade shall designate
3 certified staff members at the school to develop and
4 administer a personalized middle school success plan for each
5 entering sixth grade student who scored below Level 3 in
6 reading on the most recently administered FCAT. The purpose of
7 the success plan is to assist the student in meeting state and
8 school district expectations in academic proficiency and to
9 prepare the student for a rigorous high school curriculum. The
10 success plan shall be developed in collaboration with the
11 student and his or her parent and must be implemented until
12 the student completes the eighth grade or achieves a score at
13 Level 3 or above in reading on the FCAT, whichever occurs
14 first. The success plan must minimize paperwork and may be
15 incorporated into a parent/teacher conference, included as
16 part of a progress report or report card, included as part of
17 a general orientation at the beginning of the school year, or
18 provided by electronic mail or other written correspondence.
19 (b) The personalized middle school success plan must:
20 1. Identify educational goals and intermediate
21 benchmarks for the student in the core curriculum areas which
22 will prepare the student for high school.
23 2. Be based upon academic performance data and an
24 identification of the student's strengths and weaknesses.
25 3. Include academic intervention strategies with
26 frequent progress monitoring.
27 4. Provide innovative methods to promote the student's
28 advancement which may include, but not be limited to, flexible
29 scheduling, tutoring, focus on core curricula, online
30 instruction, an alternative learning environment, or other
31
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1 interventions that have been shown to accelerate the learning
2 process.
3 (c) The personalized middle school success plan must
4 be incorporated into any individual student plan required by
5 federal or state law, including the academic improvement plan
6 required in s. 1008.25, an individual education plan (IEP) for
7 a student with disabilities, a federal 504 plan, or an ESOL
8 plan.
9 (d) The Department of Education shall provide
10 technical assistance for districts, school administrators, and
11 instructional personnel regarding the development of
12 personalized middle school success plans. The assistance shall
13 include strategies and techniques designed to maximize
14 interaction between students, parents, teachers, and other
15 instructional and administrative staff while minimizing
16 paperwork.
17 (8) STATE BOARD OF EDUCATION AUTHORITY.--
18 (a) The State Board of Education shall have authority
19 to adopt rules pursuant to ss. 120.536(1) and 120.54 to
20 implement the provisions of this section.
21 (b) The State Board of Education shall have authority
22 pursuant to s. 1008.32 to enforce the provisions of this
23 section.
24 Section 17. Section 1003.4156, Florida Statutes, is
25 created to read:
26 1003.4156 General requirements for middle school
27 promotion.--
28 (1) Beginning with students entering grade 6 in the
29 2007-2008 school year, promotion from a middle school with
30 grades 6 through 8 requires that:
31
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1 (a) A student must successfully complete 12 academic
2 courses as follows:
3 1. Three middle school or higher courses in
4 English/language arts.
5 2. Three middle school or higher courses in
6 mathematics.
7 3. Two middle school or higher courses in social
8 studies.
9 4. Two middle school or higher courses in science.
10 5. One and one-half middle school or higher elective
11 courses.
12 6. One-half course in comprehensive career
13 exploration, to be completed by the end of seventh grade.
14 (b) For each year in which a student scores at Level 1
15 or Level 2 on FCAT Reading, the student must the following
16 year be enrolled in and complete a full-year intensive reading
17 course. Reading courses shall be designed and offered pursuant
18 to the reading instruction plan required by s. 1011.62(8). To
19 provide flexibility for students to enroll in elective courses
20 and meet required course competencies, school districts are
21 encouraged to provide applied, integrated academic courses for
22 students enrolled in intensive reading.
23 (c) Additional course requirements for middle-grades
24 promotion shall be determined by each school district in the
25 pupil progression plan, which may include additional academic
26 courses, including the fine and performing arts, physical
27 education, or career and technical education, in order to
28 provide a complete education program as defined in s.
29 1001.41(3).
30 (2) District school boards shall establish policies to
31 implement the requirements of this section. The policies must
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1 include procedures for placing and promoting students who
2 enter a Florida public school at the sixth, seventh, or eighth
3 grade from out of state or from a foreign country. The polices
4 may allow alternative methods for students to demonstrate
5 competency in the courses required by this section. School
6 districts shall emphasize alternative methods for students
7 scoring at Level 1 on FCAT Reading who have been retained in
8 elementary school. The alternatives shall include, but are not
9 limited to, opportunities for students to:
10 (a) Be promoted on time to high school.
11 (b) Be placed in programs that emphasize applied
12 integrated curricula, small learning communities, career
13 exploration, support services, alternative discipline, or
14 other strategies documented to improve student achievement.
15
16 Within 30 days after adoption, the school district's policies
17 shall be submitted to the State Board of Education for
18 approval. The school district's policies shall be
19 automatically approved unless specifically rejected by the
20 State Board of Education within 60 days after receipt.
21 (3) Students in the sixth, seventh, or eighth grade
22 who are not enrolled in schools having a middle grades
23 configuration are subject to the promotion requirements of
24 this section.
25 Section 18. Section 1003.42, Florida Statutes, is
26 amended to read:
27 1003.42 Required instruction.--
28 (1) Each district school board shall provide all
29 courses required for high school graduation and appropriate
30 instruction designed to ensure that students meet State Board
31 of Education adopted standards in the following subject areas:
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1 reading and other language arts, mathematics, science, social
2 studies, foreign languages, health and physical education, and
3 the arts.
4 (2) Members of the instructional staff of the public
5 schools, subject to the rules of the State Board of Education
6 and the district school board, shall teach efficiently and
7 faithfully, using the books and materials required that meet
8 the highest standards for professionalism and historic
9 accuracy, following the prescribed courses of study, and
10 employing approved methods of instruction, the following:
11 (a) The history and content of the Declaration of
12 Independence, including national sovereignty, natural law,
13 self-evident truth, equality of all persons, limited
14 government, popular sovereignty, and inalienable rights of
15 life, liberty, and property, and how they form it forms the
16 philosophical foundation of our government.
17 (b) The history, meaning, significance, and effect of
18 the provisions of the Constitution of the United States and
19 amendments thereto, with emphasis on each of the 10 amendments
20 that make up the Bill of Rights and how the constitution
21 provides the structure of our government.
22 (c)(b) The arguments in support of adopting our
23 republican form of government, as they are embodied in the
24 most important of the Federalist Papers.
25 (c) The essentials of the United States Constitution
26 and how it provides the structure of our government.
27 (d) Flag education, including proper flag display and
28 flag salute.
29 (e) The elements of civil government, including the
30 primary functions of and interrelationships between the
31
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1 Federal Government, the state, and its counties,
2 municipalities, school districts, and special districts.
3 (f) The history of the United States, including the
4 period of discovery, early colonies, the War for Independence,
5 the Civil War, the expansion of the United States to its
6 present boundaries, the world wars, and the civil rights
7 movement to the present. American history shall be viewed as
8 factual, not as constructed, shall be viewed as knowable,
9 teachable, and testable, and shall be defined as the creation
10 of a new nation based largely on the universal principles
11 stated in the Declaration of Independence.
12 (g)(f) The history of the Holocaust (1933-1945), the
13 systematic, planned annihilation of European Jews and other
14 groups by Nazi Germany, a watershed event in the history of
15 humanity, to be taught in a manner that leads to an
16 investigation of human behavior, an understanding of the
17 ramifications of prejudice, racism, and stereotyping, and an
18 examination of what it means to be a responsible and
19 respectful person, for the purposes of encouraging tolerance
20 of diversity in a pluralistic society and for nurturing and
21 protecting democratic values and institutions.
22 (h)(g) The history of African Americans, including the
23 history of African peoples before the political conflicts that
24 led to the development of slavery, the passage to America, the
25 enslavement experience, abolition, and the contributions of
26 African Americans to society.
27 (i)(h) The elementary principles of agriculture.
28 (j)(i) The true effects of all alcoholic and
29 intoxicating liquors and beverages and narcotics upon the
30 human body and mind.
31 (k)(j) Kindness to animals.
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1 (l)(k) The history of the state.
2 (m)(l) The conservation of natural resources.
3 (n)(m) Comprehensive health education that addresses
4 concepts of community health; consumer health; environmental
5 health; family life, including an awareness of the benefits of
6 sexual abstinence as the expected standard and the
7 consequences of teenage pregnancy; mental and emotional
8 health; injury prevention and safety; nutrition; personal
9 health; prevention and control of disease; and substance use
10 and abuse.
11 (o)(n) Such additional materials, subjects, courses,
12 or fields in such grades as are prescribed by law or by rules
13 of the State Board of Education and the district school board
14 in fulfilling the requirements of law.
15 (p)(o) The study of Hispanic contributions to the
16 United States.
17 (q)(p) The study of women's contributions to the
18 United States.
19 (r) The nature and importance of free enterprise to
20 the United States economy.
21 (s)(q) A character-development program in the
22 elementary schools, similar to Character First or Character
23 Counts, which is secular in nature and stresses such character
24 qualities as attentiveness, patience, and initiative.
25 Beginning in school year 2004-2005, the character-development
26 program shall be required in kindergarten through grade 12.
27 Each district school board shall develop or adopt a curriculum
28 for the character-development program that shall be submitted
29 to the department for approval. The character-development
30 curriculum shall stress the qualities of patriotism;,
31 responsibility;, citizenship;, kindness;, respect for
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1 authority, life, liberty, and personal property;, honesty;
2 charity;, self-control;, racial, ethnic, and religious
3 tolerance;, and cooperation.
4 (t)(r) In order to encourage patriotism, the
5 sacrifices that veterans have made in serving our country and
6 protecting democratic values worldwide. Such instruction must
7 occur on or before Veterans' Day and Memorial Day. Members of
8 the instructional staff are encouraged to use the assistance
9 of local veterans when practicable.
10
11 The State Board of Education is encouraged to adopt standards
12 and pursue assessment of the requirements of this subsection.
13 (3) Any student whose parent makes written request to
14 the school principal shall be exempted from the teaching of
15 reproductive health or any disease, including HIV/AIDS, its
16 symptoms, development, and treatment. A student so exempted
17 may not be penalized by reason of that exemption. Course
18 descriptions for comprehensive health education shall not
19 interfere with the local determination of appropriate
20 curriculum which reflects local values and concerns.
21 Section 19. Subsections (1), (5), (7), and (10) of
22 section 1003.43, Florida Statutes, are amended to read:
23 1003.43 General requirements for high school
24 graduation.--
25 (1) Graduation requires successful completion of
26 either a minimum of 24 academic credits in grades 9 through
27 12, or an International Baccalaureate curriculum, or an
28 Advanced International Certification curriculum. The 24
29 credits shall be distributed as follows:
30 (a) Four credits in English, with major concentration
31 in composition and literature.
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1 (b) Four Three credits in mathematics, effective for
2 the 2008-2009 school year. Effective for students entering
3 the 9th grade in the 1997-1998 school year and thereafter, one
4 of these credits must be Algebra I, a series of courses
5 equivalent to Algebra I, or a higher-level mathematics course.
6 (c) Three credits in science, two of which must have a
7 laboratory component. Agriscience Foundations I, the core
8 course in secondary Agriscience and Natural Resources
9 programs, counts as one of the science credits.
10 (d) One credit in American history.
11 (e) One credit in world history, including a
12 comparative study of the history, doctrines, and objectives of
13 all major political systems.
14 (f) One-half credit in economics, including a
15 comparative study of the history, doctrines, and objectives of
16 all major economic systems. The Florida Council on Economic
17 Education shall provide technical assistance to the department
18 and district school boards in developing curriculum materials
19 for the study of economics.
20 (g) One-half credit in American government, including
21 study of the Constitution of the United States. For students
22 entering the 9th grade in the 1997-1998 school year and
23 thereafter, the study of Florida government, including study
24 of the State Constitution, the three branches of state
25 government, and municipal and county government, shall be
26 included as part of the required study of American government.
27 (h)1. One credit in practical arts career education or
28 exploratory career education. Any career education course as
29 defined in s. 1003.01 may be taken to satisfy the high school
30 graduation requirement for one credit in practical arts or
31 exploratory career education provided in this subparagraph;
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1 2. One credit in performing fine arts to be selected
2 from music, dance, drama, painting, or sculpture. A course in
3 any art form, in addition to painting or sculpture, that
4 requires manual dexterity, or a course in speech and debate,
5 may be taken to satisfy the high school graduation requirement
6 for one credit in performing arts pursuant to this
7 subparagraph; or
8 3. One-half credit each in practical arts career
9 education or exploratory career education and performing fine
10 arts, as defined in this paragraph.
11
12 Such credit for practical arts career education or exploratory
13 career education or for performing fine arts shall be made
14 available in the 9th grade, and students shall be scheduled
15 into a 9th grade course as a priority.
16 (i) One-half credit in life management skills to
17 include consumer education, positive emotional development,
18 marriage and relationship skill-based education, nutrition,
19 parenting skills, prevention of human immunodeficiency virus
20 infection and acquired immune deficiency syndrome and other
21 sexually transmissible diseases, benefits of sexual abstinence
22 and consequences of teenage pregnancy, information and
23 instruction on breast cancer detection and breast
24 self-examination, cardiopulmonary resuscitation, drug
25 education, and the hazards of smoking.
26 (j) One credit in physical education to include
27 assessment, improvement, and maintenance of personal fitness.
28 Participation in an interscholastic sport at the junior
29 varsity or varsity level, for two full seasons, shall satisfy
30 the one-credit requirement in physical education if the
31 student passes a competency test on personal fitness with a
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1 score of "C" or better. The competency test on personal
2 fitness must be developed by the Department of Education. A
3 district school board may not require that the one credit in
4 physical education be taken during the 9th grade year.
5 Completion of one semester with a grade of "C" or better in a
6 marching band class, in a physical activity class that
7 requires participation in marching band activities as an
8 extracurricular activity, or in a Reserve Officer Training
9 Corps (R.O.T.C.) class a significant component of which is
10 drills shall satisfy a one-half credit requirement in physical
11 education. This one-half credit may not be used to satisfy
12 the personal fitness requirement or the requirement for
13 adaptive physical education under an individual educational
14 plan (IEP) or 504 plan.
15 (k) Seven Eight and one-half elective credits.
16
17 District school boards may award a maximum of one-half credit
18 in social studies and one-half elective credit for student
19 completion of nonpaid voluntary community or school service
20 work. Students choosing this option must complete a minimum
21 of 75 hours of service in order to earn the one-half credit in
22 either category of instruction. Credit may not be earned for
23 service provided as a result of court action. District school
24 boards that approve the award of credit for student volunteer
25 service shall develop guidelines regarding the award of the
26 credit, and school principals are responsible for approving
27 specific volunteer activities. A course designated in the
28 Course Code Directory as grade 9 through grade 12 that is
29 taken below the 9th grade may be used to satisfy high school
30 graduation requirements or Florida Academic Scholars award
31 requirements as specified in a district school board's student
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1 progression plan. A student shall be granted credit toward
2 meeting the requirements of this subsection for equivalent
3 courses, as identified pursuant to s. 1007.271(6), taken
4 through dual enrollment.
5 (5) Each district school board shall establish
6 standards for graduation from its schools, and these standards
7 must include:
8 (a) Earning passing scores on the FCAT, as defined in
9 s. 1008.22(3)(c), or scores on a standardized test that are
10 concordant with passing scores on the FCAT as defined in s.
11 1008.22(9).
12 (b) Polices that encourage and recognize rigorous
13 coursework and student areas of specialization and expertise
14 on the high school diploma. Such recognition may include
15 successful completion of IB, AICE, or dual enrollment;
16 content-area proficiency; and portfolio development and
17 demonstration.
18 (c)(b) Completion of all other applicable requirements
19 prescribed by the district school board pursuant to s.
20 1008.25.
21 (d)(c) Achievement of a cumulative grade point average
22 of 1.5 on a 4.0 scale, or its equivalent, for students
23 entering 9th grade before the 1997-1998 school year; however,
24 these students must earn a cumulative grade point average of
25 2.0 on a 4.0 scale, or its equivalent, in the courses required
26 by subsection (1) that are taken after July 1, 1997, or have
27 an overall cumulative grade point average of 2.0 or above.
28 (e)(d) Achievement of a cumulative grade point average
29 of 2.0 on a 4.0 scale, or its equivalent, in the courses
30 required by subsection (1), for students entering 9th grade in
31 the 1997-1998 school year and thereafter.
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1 (f)(e) For purposes of paragraphs (d) (c) and (e) (d):
2 1. Each district school board shall adopt policies
3 designed to assist students in meeting these requirements.
4 These policies may include, but are not limited to:
5 forgiveness policies, summer school or before or after school
6 attendance, special counseling, volunteer and/or peer tutors,
7 school-sponsored help sessions, homework hotlines, and study
8 skills classes. Beginning in the 2000-2001 school year and
9 each year thereafter, forgiveness policies for required
10 courses shall be limited to replacing a grade of "D" or "F,"
11 or the equivalent of a grade of "D" or "F," with a grade of
12 "C" or higher, or the equivalent of a grade of "C" or higher,
13 earned subsequently in the same or comparable course.
14 Forgiveness policies for elective courses shall be limited to
15 replacing a grade of "D" or "F," or the equivalent of a grade
16 of "D" or "F," with a grade of "C" or higher, or the
17 equivalent of a grade of "C" or higher, earned subsequently in
18 another course. Any course grade not replaced according to a
19 district school board forgiveness policy shall be included in
20 the calculation of the cumulative grade point average required
21 for graduation.
22 2. At the end of each semester, the parent of each
23 student in grades 9, 10, 11, and 12 who has a cumulative grade
24 point average of less than 0.5 above the cumulative grade
25 point average required for graduation shall be notified that
26 the student is at risk of not meeting the requirements for
27 graduation. The notice shall contain an explanation of the
28 policies the district school board has in place to assist the
29 student in meeting the grade point average requirement.
30 3. Special assistance to obtain a high school
31 equivalency diploma pursuant to s. 1003.435 may be given only
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1 when the student has completed all requirements for graduation
2 except the attainment of the required cumulative grade point
3 average.
4
5 The standards required in this subsection, and any subsequent
6 modifications, shall be reprinted in the Florida
7 Administrative Code even though not defined as "rules."
8 (7) No student may be granted credit toward high
9 school graduation for enrollment in the following courses or
10 programs:
11 (a) More than a total of nine elective credits in
12 remedial programs.
13 (b) More than one credit in exploratory career
14 education courses as defined in s. 1003.01(4)(a)1.
15 (c) More than three credits in practical arts family
16 and consumer sciences classes as defined in s. 1003.01(4)(a)1.
17 (d) Any Level I course unless the student's assessment
18 indicates that a more rigorous course of study would be
19 inappropriate, in which case a written assessment of the need
20 must be included in the student's individual educational plan
21 or in a student performance plan, signed by the principal, the
22 guidance counselor, and the parent of the student, or the
23 student if the student is 18 years of age or older.
24 (10)(a) A student who meets all requirements
25 prescribed in subsections (1), (4), and (5) shall be awarded a
26 standard diploma in a form prescribed by the State Board of
27 Education. A district school board may attach the Florida gold
28 seal career endorsement to a standard diploma or, instead of
29 the standard diploma, award differentiated diplomas to those
30 exceeding the prescribed minimums, as specified in paragraph
31 (5)(b).
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1 (b) A student who completes the minimum number of
2 credits and other requirements prescribed by subsections (1)
3 and (4), but who is unable to meet the standards of paragraph
4 (5)(a), paragraph (5)(c) (5)(b), or paragraph (5)(d) (5)(c),
5 shall be awarded a certificate of completion in a form
6 prescribed by the State Board of Education. However, any
7 student who is otherwise entitled to a certificate of
8 completion may elect to remain in the secondary school either
9 as a full-time student or a part-time student for up to 1
10 additional year and receive special instruction designed to
11 remedy his or her identified deficiencies.
12 Section 20. Section 1003.437, Florida Statutes, is
13 amended to read:
14 1003.437 Middle and high school grading system.--The
15 grading system and interpretation of letter grades used for
16 students in public high schools in grades 6-12 shall be as
17 follows:
18 (1) Grade "A" equals 90 percent through 100 percent,
19 has a grade point average value of 4, and is defined as
20 "outstanding progress."
21 (2) Grade "B" equals 80 percent through 89 percent,
22 has a grade point average value of 3, and is defined as "above
23 average progress."
24 (3) Grade "C" equals 70 percent through 79 percent,
25 has a grade point average value of 2, and is defined as
26 "average progress."
27 (4) Grade "D" equals 60 percent through 69 percent,
28 has a grade point average value of 1, and is defined as
29 "lowest acceptable progress."
30
31
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1 (5) Grade "F" equals zero percent through 59 percent,
2 has a grade point average value of zero, and is defined as
3 "failure."
4 (6) Grade "I" equals zero percent, has a grade point
5 average value of zero, and is defined as "incomplete."
6
7 For the purposes of class ranking, district school boards may
8 exercise a weighted grading system.
9 Section 21. Section 1003.491, Florida Statutes, is
10 amended to read:
11 1003.491 Career education.--
12 (1) School board, superintendent, and school
13 accountability for career education within elementary and
14 secondary schools includes, but is not limited to:
15 (a) Student exposure to a variety of careers and
16 provision of instruction to explore specific careers in
17 greater depth.
18 (b) Student awareness of available career programs and
19 the corresponding occupations into which such programs lead.
20 (c) Student development of individual academic and
21 career plans as specified in s. 1003.415(5).
22 (d) Integration of academic and career skills in the
23 secondary curriculum.
24 (e) Implementation of career academies and small
25 learning communities as defined in s. 1003.01(4).
26 (f)(e) Student preparation to enter the workforce and
27 enroll in postsecondary education without being required to
28 complete college preparatory or career preparatory
29 instruction.
30 (g)(f) Student retention in school through high school
31 graduation.
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1 (h)(g) Career education curriculum articulation with
2 corresponding postsecondary programs in the career center or
3 community college, or both.
4 (2) A No school board or public school may not shall
5 require a student to participate in any school-to-work or job
6 training program. A district school board or school may shall
7 not require a student to meet occupational standards for grade
8 level promotion or graduation unless the student is
9 voluntarily enrolled in a job training program.
10 (3) Each district school board and superintendent
11 shall implement all components required to obtain the career
12 education certification on the high school diploma if the
13 school district chooses to offer the certification.
14 Section 22. Paragraph (a) of subsection (1) and
15 paragraph (a) of subsection (2) of section 1003.62, Florida
16 Statutes, are amended to read:
17 1003.62 Academic performance-based charter school
18 districts.--The State Board of Education may enter into a
19 performance contract with district school boards as authorized
20 in this section for the purpose of establishing them as
21 academic performance-based charter school districts. The
22 purpose of this section is to examine a new relationship
23 between the State Board of Education and district school
24 boards that will produce significant improvements in student
25 achievement, while complying with constitutional and statutory
26 requirements assigned to each entity.
27 (1) ACADEMIC PERFORMANCE-BASED CHARTER SCHOOL
28 DISTRICT.--
29 (a) A school district shall be eligible for
30 designation as an academic performance-based charter school
31 district if it is a high-performing school district in which a
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1 minimum of 50 percent of the schools earn a performance grade
2 of category "A" or "B" and in which no school earns a
3 performance grade of category "D" or "F" for 2 consecutive
4 years pursuant to s. 1008.34. Schools that receive a
5 performance grade of category "I" or "N" shall not be included
6 in this calculation. The performance contract for a school
7 district that earns a charter based on school performance
8 grades shall be predicated on maintenance of at least 50
9 percent of the schools in the school district earning a
10 performance grade of category "A" or "B" with no school in the
11 school district earning a performance grade of category "D" or
12 "F" for 2 consecutive years. A school district in which the
13 number of schools that earn a performance grade of "A" or "B"
14 is less than 50 percent may have its charter renewed for 1
15 year; however, if the percentage of "A" or "B" schools is less
16 than 50 percent for 2 consecutive years, the charter shall not
17 be renewed.
18 (2) EXEMPTION FROM STATUTES AND RULES.--
19 (a) An academic performance-based charter school
20 district shall operate in accordance with its charter and
21 shall be exempt from certain State Board of Education rules
22 and statutes if the State Board of Education determines such
23 an exemption will assist the district in maintaining or
24 improving its high-performing status pursuant to paragraph
25 (1)(a). However, the State Board of Education may not exempt
26 an academic performance-based charter school district from any
27 of the following statutes:
28 1. Those statutes pertaining to the provision of
29 services to students with disabilities.
30 2. Those statutes pertaining to civil rights,
31 including s. 1000.05, relating to discrimination.
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1 3. Those statutes pertaining to student health,
2 safety, and welfare.
3 4. Those statutes governing the election or
4 compensation of district school board members.
5 5. Those statutes pertaining to the student assessment
6 program and the school grading system, including chapter 1008.
7 6. Those statutes pertaining to financial matters,
8 including chapter 1010.
9 7. Those statutes pertaining to planning and
10 budgeting, including chapter 1011, except that ss. 1011.64 and
11 1011.69 shall be eligible for exemption.
12 8. Sections 1012.22(1)(c), 1012.2312, 1012.2313, and
13 1012.27(2), relating to performance-pay policies for school
14 administrators and instructional personnel. Professional
15 service contracts shall be subject to the provisions of ss.
16 1012.33 and 1012.34.
17 9. Those statutes pertaining to educational
18 facilities, including chapter 1013, except as specified under
19 contract with the State Board of Education. However, no
20 contractual provision that could have the effect of requiring
21 the appropriation of additional capital outlay funds to the
22 academic performance-based charter school district shall be
23 valid.
24 Section 23. Section 1003.57, Florida Statutes, is
25 amended to read:
26 1003.57 Exceptional students instruction.--
27 (1) Each district school board shall provide for an
28 appropriate program of special instruction, facilities, and
29 services for exceptional students as prescribed by the State
30 Board of Education as acceptable, including provisions that:
31
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1 (a)(1) The district school board provide the necessary
2 professional services for diagnosis and evaluation of
3 exceptional students.
4 (b)(2) The district school board provide the special
5 instruction, classes, and services, either within the district
6 school system, in cooperation with other district school
7 systems, or through contractual arrangements with approved
8 private schools or community facilities that meet standards
9 established by the commissioner.
10 (c)(3) The district school board annually provide
11 information describing the Florida School for the Deaf and the
12 Blind and all other programs and methods of instruction
13 available to the parent of a sensory-impaired student.
14 (d)(4) The district school board, once every 3 years,
15 submit to the department its proposed procedures for the
16 provision of special instruction and services for exceptional
17 students.
18 (e)(5) A No student may not be given special
19 instruction or services as an exceptional student until after
20 he or she has been properly evaluated, classified, and placed
21 in the manner prescribed by rules of the State Board of
22 Education. The parent of an exceptional student evaluated and
23 placed or denied placement in a program of special education
24 shall be notified of each such evaluation and placement or
25 denial. Such notice shall contain a statement informing the
26 parent that he or she is entitled to a due process hearing on
27 the identification, evaluation, and placement, or lack
28 thereof. Such hearings shall be exempt from the provisions of
29 ss. 120.569, 120.57, and 286.011, except to the extent that
30 the State Board of Education adopts rules establishing other
31 procedures and any records created as a result of such
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1 hearings shall be confidential and exempt from the provisions
2 of s. 119.07(1). The hearing must be conducted by an
3 administrative law judge from the Division of Administrative
4 Hearings of the Department of Management Services. The
5 decision of the administrative law judge shall be final,
6 except that any party aggrieved by the finding and decision
7 rendered by the administrative law judge shall have the right
8 to bring a civil action in the circuit court. In such an
9 action, the court shall receive the records of the
10 administrative hearing and shall hear additional evidence at
11 the request of either party. In the alternative, any party
12 aggrieved by the finding and decision rendered by the
13 administrative law judge shall have the right to request an
14 impartial review of the administrative law judge's order by
15 the district court of appeal as provided by s. 120.68.
16 Notwithstanding any law to the contrary, during the pendency
17 of any proceeding conducted pursuant to this section, unless
18 the district school board and the parents otherwise agree, the
19 student shall remain in his or her then-current educational
20 assignment or, if applying for initial admission to a public
21 school, shall be assigned, with the consent of the parents, in
22 the public school program until all such proceedings have been
23 completed.
24 (f)(6) In providing for the education of exceptional
25 students, the district school superintendent, principals, and
26 teachers shall utilize the regular school facilities and adapt
27 them to the needs of exceptional students to the maximum
28 extent appropriate. Segregation of exceptional students shall
29 occur only if the nature or severity of the exceptionality is
30 such that education in regular classes with the use of
31
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1 supplementary aids and services cannot be achieved
2 satisfactorily.
3 (g)(7) In addition to the services agreed to in a
4 student's individual education plan, the district school
5 superintendent shall fully inform the parent of a student
6 having a physical or developmental disability of all available
7 services that are appropriate for the student's disability.
8 The superintendent shall provide the student's parent with a
9 summary of the student's rights.
10 (2)(a) An exceptional student with a disability who
11 resides in a residential facility and receives special
12 instruction or services is considered a resident of the state
13 in which the student's parent is a resident. The cost of such
14 instruction, facilities, and services for a nonresident
15 student with a disability shall be provided by the placing
16 authority in the student's state of residence, such as a
17 public school entity, other placing authority, or parent. A
18 nonresident student with a disability may not be reported by
19 any school district for FTE funding in the Florida Education
20 Finance Program.
21 (b) The Department of Education shall provide to each
22 school district a statement of the specific limitations of the
23 district's financial obligation for exceptional students with
24 disabilities under federal and state law. The department shall
25 also provide to each school district technical assistance as
26 necessary for developing a local plan to impose on a student's
27 home state the fiscal responsibility for educating a
28 nonresident exceptional student with a disability.
29 (c) The Department of Education shall develop a
30 process by which a school district must, before providing
31 services to an exceptional student with a disability who
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1 resides in a residential facility in this state, review the
2 residency of the student. The residential facility, not the
3 district, is responsible for billing and collecting from a
4 nonresidential student's home state payment for the student's
5 educational and related services.
6 (d) This subsection applies to any nonresident student
7 with a disability who resides in a residential facility and
8 who receives instruction as an exceptional student with a
9 disability in any type of residential facility in this state,
10 including, but not limited to, a public school, a private
11 school, a group home facility as defined in s. 393.063, an
12 intensive residential treatment program for children and
13 adolescents as defined in s. 395.002, a facility as defined in
14 s. 394.455, an intermediate care facility for the
15 developmentally disabled or ICF/DD as defined in s. 393.063 or
16 s. 400.960, or a community residential home as defined in s.
17 419.001.
18 Section 24. Section 1003.576, Florida Statutes, is
19 created to read:
20 1003.576 Individual education plans for exceptional
21 students.--The Department of Education shall develop an
22 individual education plan (IEP) form for use in developing and
23 implementing individual education plans for exceptional
24 students. The IEP form must have a streamlined format and, to
25 provide for the use of an existing IEP form when a student
26 transfers from one school district to another, the IEP form
27 developed by the department must be used in each school
28 district in the state.
29 Section 25. Subsection (3) of section 1003.58, Florida
30 Statutes, is amended to read:
31
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1 1003.58 Students in residential care facilities.--Each
2 district school board shall provide educational programs
3 according to rules of the State Board of Education to students
4 who reside in residential care facilities operated by the
5 Department of Children and Family Services.
6 (3) The district school board shall have full and
7 complete authority in the matter of the assignment and
8 placement of such students in educational programs. The parent
9 of an exceptional student shall have the same due process
10 rights as are provided under s. 1003.57(1)(e) s. 1003.57(5).
11
12 Notwithstanding the provisions herein, the educational program
13 at the Marianna Sunland Center in Jackson County shall be
14 operated by the Department of Education, either directly or
15 through grants or contractual agreements with other public or
16 duly accredited educational agencies approved by the
17 Department of Education.
18 Section 26. Section 1004.64, Florida Statutes, is
19 created to read:
20 1004.64 Florida Center for Reading Research.--There is
21 created at the Florida State University, the Florida Center
22 for Reading Research (FCRR). The center shall include two
23 outreach centers, one at a central Florida community college
24 and one at a south Florida state university. The center and
25 the outreach centers, under the center's leadership, shall:
26 (1) Provide technical assistance and support to all
27 school districts and schools in this state in the
28 implementation of evidence-based literacy instruction,
29 assessments, programs, and professional development.
30 (2) Conduct applied research that will have an
31 immediate impact on policy and practices related to literacy
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1 instruction and assessment in this state with an emphasis on
2 struggling readers and reading in the content area strategies
3 and methods for secondary teachers.
4 (3) Conduct basic research on reading, reading growth,
5 reading assessment, and reading instruction which will
6 contribute to scientific knowledge about reading.
7 (4) Develop frameworks for comprehensive reading
8 intervention courses for possible use in middle schools and
9 secondary schools.
10 (5) Develop frameworks for professional development
11 activities, using multiple delivery methods for teaching
12 reading in the content area.
13 (6) Disseminate information about research-based
14 practices related to literacy instruction, assessment, and
15 programs for students in preschool through grade 12.
16 (7) Collect, manage, and report on assessment
17 information from screening, progress monitoring, and outcome
18 assessments through the Florida Progress Monitoring and
19 Reporting Network. The network is a statewide resource that is
20 operated to provide valid and timely reading assessment data
21 for parents, teachers, principals, and district-level and
22 state-level staff in the management of instruction at the
23 individual, classroom, and school levels.
24 Section 27. Subsection (4) of section 1006.09, Florida
25 Statutes, is amended to read:
26 1006.09 Duties of school principal relating to student
27 discipline and school safety.--
28 (4) When a student has been the victim of a violent
29 crime perpetrated by another student who attends the same
30 school, the school principal shall make full and effective use
31 of the provisions of subsection (2) and s. 1006.13(5). A
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1 school principal who fails to comply with this subsection
2 shall be ineligible for any portion of the performance pay
3 policy incentive under s. 1012.2313(2)(b) s. 1012.22(1)(c).
4 However, if any party responsible for notification fails to
5 properly notify the school, the school principal shall be
6 eligible for the incentive.
7 Section 28. Section 1007.21, Florida Statutes, is
8 amended to read:
9 1007.21 Readiness for postsecondary education and the
10 workplace.--
11 (1) It is the intent of the Legislature that students
12 and parents develop academic set early achievement and career
13 goals for the student's post-high-school post-high school
14 experience during the middle grades. This section sets forth a
15 model which schools, through their school advisory councils,
16 may choose to implement to ensure that students are ready for
17 postsecondary education and the workplace. If such a program
18 is adopted, students and their parents shall have the option
19 of participating in this model to plan the student's secondary
20 level course of study. Parents and students are to become
21 partners with school personnel in career exploration and
22 educational decisionmaking choice. Clear academic course
23 expectations that emphasize rigorous coursework shall be made
24 available to all students by allowing both student and parent
25 choice.
26 (2)(a) Students entering the 9th grade and their
27 parents shall have developed during the middle grades a 4- to
28 5-year academic and career plan based on postsecondary and
29 career be active participants in choosing an
30 end-of-high-school student destination based upon both student
31 and parent goals. Alternate career and academic Four or more
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1 destinations should be considered available with bridges
2 between destinations to enable students to shift academic and
3 career priorities if destinations should they choose to change
4 goals. The destinations shall accommodate the needs of
5 students served in exceptional education programs to the
6 extent appropriate for individual students. Exceptional
7 education students may continue to follow the courses outlined
8 in the district school board student progression plan.
9 Participating Students and their parents shall choose among
10 destinations, which must include:
11 1. Four-year college or university, community college
12 plus university, or military academy degree.
13 2. Two-year postsecondary degree.
14 3. Postsecondary career certificate.
15 4. Immediate employment or entry-level military.
16 5. A combination of the above.
17 (b) The student progression model toward a chosen
18 destination shall include:
19 1. A "path" of core courses leading to each of the
20 destinations provided in paragraph (a).
21 2. A recommended group of electives which shall help
22 define each path.
23 3. Provisions for a teacher, school administrator,
24 other school staff member, or community volunteer to be
25 assigned to a student as an "academic advocate" if parental
26 involvement is lacking.
27 (c) The common placement test authorized in ss.
28 1001.03(10) and 1008.30 or a similar test may be administered
29 to all high school second semester sophomores who have chosen
30 one of the four destinations. The results of the placement
31
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1 test shall be used to target additional instructional needs in
2 reading, writing, and mathematics prior to graduation.
3 (d) Ample opportunity shall be provided for students
4 to move from one destination to another, and some latitude
5 shall exist within each destination, to meet the individual
6 needs of students.
7 (e) Destinations specified in subparagraphs (a)1., 2.,
8 and 3. shall support the goals of the Tech Prep program.
9 Students participating in Tech Prep shall be enrolled in
10 articulated, sequential programs of study that include a
11 technical component and at least a minimum of a postsecondary
12 certificate or 2-year degree.
13 (f) In order for these destinations to be attainable,
14 the business community shall be encouraged to support
15 real-world internships and apprenticeships.
16 (g) All students shall be encouraged to take part in
17 service learning opportunities.
18 (h) High school equivalency diploma preparation
19 programs shall not be a choice for high school students
20 leading to any of the four destinations provided in paragraph
21 (a) since the appropriate coursework, counseling component,
22 and career preparation cannot be ensured.
23 (i) Schools shall ensure that students and parents are
24 made aware of the destinations available and provide the
25 necessary coursework to assist the student in reaching the
26 chosen destination. Students and parents shall be made aware
27 of the student's progress toward the chosen destination.
28 (j) The Department of Education shall offer technical
29 assistance to school districts to ensure that the destinations
30 offered also meet the academic standards adopted by the state.
31
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1 (3)(a) Access to Level I courses for graduation credit
2 and for pursuit of a declared destination shall be limited to
3 only those students for whom assessment indicates a more
4 rigorous course of study would be inappropriate.
5 (b) The school principal shall:
6 1. Designate a member of the existing instructional or
7 administrative staff to serve as a specialist to help
8 coordinate the use of student achievement strategies to help
9 students succeed in their coursework. The specialist shall
10 also assist teachers in integrating the academic and career
11 curricula, utilizing technology, providing feedback regarding
12 student achievement, and implementing the Blueprint for Career
13 Preparation and Tech Prep programs.
14 2. Institute strategies to eliminate reading, writing,
15 and mathematics deficiencies of secondary students.
16 Section 29. Subsections (5) and (16) of section
17 1007.271, Florida Statutes, are amended to read:
18 1007.271 Dual enrollment programs.--
19 (5) Each district school board shall inform all
20 secondary students of dual enrollment as an educational option
21 and mechanism for acceleration. Students shall be informed of
22 eligibility criteria, the option for taking dual enrollment
23 courses beyond the regular school year, and the minimum
24 academic credits required for graduation. District school
25 boards shall annually assess the demand for dual enrollment
26 and other advanced courses, and the district school board
27 shall consider strategies and programs to meet that demand and
28 include access to dual enrollment on the high school campus
29 whenever possible. Alternative grade calculation, weighting
30 systems, or information regarding student education options
31
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1 which discriminates against dual enrollment courses are
2 prohibited.
3 (16) School districts and community colleges must
4 weigh college-level dual enrollment courses the same as honors
5 courses and advanced placement, International Baccalaureate,
6 and AICE courses when grade point averages are calculated.
7 Alternative grade calculation or weighting systems that
8 discriminate against dual enrollment courses are prohibited.
9 Section 30. Paragraph (f) of subsection (1),
10 paragraphs (c) and (e) of subsection (3), and subsection (9)
11 of section 1008.22, Florida Statutes, are amended, paragraph
12 (g) is added to subsection (3) of that section, present
13 subsection (10) of that section is redesignated as subsection
14 (11), and a new subsection (10) is added to that section, to
15 read:
16 1008.22 Student assessment program for public
17 schools.--
18 (1) PURPOSE.--The primary purposes of the student
19 assessment program are to provide information needed to
20 improve the public schools by enhancing the learning gains of
21 all students and to inform parents of the educational progress
22 of their public school children. The program must be designed
23 to:
24 (f) Provide information on the performance of Florida
25 students compared with that of other students others across
26 the United States.
27 (3) STATEWIDE ASSESSMENT PROGRAM.--The commissioner
28 shall design and implement a statewide program of educational
29 assessment that provides information for the improvement of
30 the operation and management of the public schools, including
31 schools operating for the purpose of providing educational
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1 services to youth in Department of Juvenile Justice programs.
2 The commissioner may enter into contracts for the continued
3 administration of the assessment, testing, and evaluation
4 programs authorized and funded by the Legislature. Contracts
5 may be initiated in 1 fiscal year and continue into the next
6 and may be paid from the appropriations of either or both
7 fiscal years. The commissioner is authorized to negotiate for
8 the sale or lease of tests, scoring protocols, test scoring
9 services, and related materials developed pursuant to law.
10 Pursuant to the statewide assessment program, the commissioner
11 shall:
12 (c) Develop and implement a student achievement
13 testing program known as the Florida Comprehensive Assessment
14 Test (FCAT) as part of the statewide assessment program, to be
15 administered annually in grades 3 through 10 to measure
16 reading, writing, science, and mathematics. Other content
17 areas may be included as directed by the commissioner. The
18 assessment of reading and mathematics shall be administered
19 annually in grades 3 through 10. The assessment of writing and
20 science shall be administered at least once at the elementary,
21 middle, and high school levels. The commissioner must document
22 the procedures used to ensure that the versions of the FCAT
23 which are taken by students retaking the grade 10 FCAT are
24 equally as challenging and difficult as the tests taken by
25 students in grade 10 which contain performance tasks. The
26 testing program must be designed so that:
27 1. The tests measure student skills and competencies
28 adopted by the State Board of Education as specified in
29 paragraph (a). The tests must measure and report student
30 proficiency levels in reading, writing, mathematics, and
31 science. The commissioner shall provide for the tests to be
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1 developed or obtained, as appropriate, through contracts and
2 project agreements with private vendors, public vendors,
3 public agencies, postsecondary educational institutions, or
4 school districts. The commissioner shall obtain input with
5 respect to the design and implementation of the testing
6 program from state educators and the public.
7 2. The testing program will include a combination of
8 norm-referenced and criterion-referenced tests and include, to
9 the extent determined by the commissioner, questions that
10 require the student to produce information or perform tasks in
11 such a way that the skills and competencies he or she uses can
12 be measured.
13 3. Each testing program, whether at the elementary,
14 middle, or high school level, includes a test of writing in
15 which students are required to produce writings that are then
16 scored by appropriate methods.
17 4. A score is designated for each subject area tested,
18 below which score a student's performance is deemed
19 inadequate. The school districts shall provide appropriate
20 remedial instruction to students who score below these levels.
21 5. Except as provided in s. 1003.43(11)(b), students
22 must earn a passing score on the grade 10 assessment test
23 described in this paragraph or on an alternate assessment as
24 described in subsection (9) in reading, writing, and
25 mathematics to qualify for a regular high school diploma. The
26 State Board of Education shall designate a passing score for
27 each part of the grade 10 assessment test. In establishing
28 passing scores, the state board shall consider any possible
29 negative impact of the test on minority students. All students
30 who took the grade 10 FCAT during the 2000-2001 school year
31 shall be required to earn the passing scores in reading and
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1 mathematics established by the State Board of Education for
2 the March 2001 test administration. Such students who did not
3 earn the established passing scores and must repeat the grade
4 10 FCAT are required to earn the passing scores established
5 for the March 2001 test administration. All students who take
6 the grade 10 FCAT for the first time in March 2002 shall be
7 required to earn the passing scores in reading and mathematics
8 established by the State Board of Education for the March 2002
9 test administration. The State Board of Education shall adopt
10 rules which specify the passing scores for the grade 10 FCAT.
11 Any such rules, which have the effect of raising the required
12 passing scores, shall only apply to students taking the grade
13 10 FCAT for the first time after such rules are adopted by the
14 State Board of Education.
15 6. Participation in the testing program is mandatory
16 for all students attending public school, including students
17 served in Department of Juvenile Justice programs, except as
18 otherwise prescribed by the commissioner. If a student does
19 not participate in the statewide assessment, the district must
20 notify the student's parent and provide the parent with
21 information regarding the implications of such
22 nonparticipation. If modifications are made in the student's
23 instruction to provide accommodations that would not be
24 permitted on the statewide assessment tests, the district must
25 notify the student's parent of the implications of such
26 instructional modifications. A parent must provide signed
27 consent for a student to receive instructional modifications
28 that would not be permitted on the statewide assessments and
29 must acknowledge in writing that he or she understands the
30 implications of such accommodations. The State Board of
31 Education shall adopt rules, based upon recommendations of the
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1 commissioner, for the provision of test accommodations and
2 modifications of procedures as necessary for students in
3 exceptional education programs and for students who have
4 limited English proficiency. Accommodations that negate the
5 validity of a statewide assessment are not allowable.
6 7. A student seeking an adult high school diploma must
7 meet the same testing requirements that a regular high school
8 student must meet.
9 8. District school boards must provide instruction to
10 prepare students to demonstrate proficiency in the skills and
11 competencies necessary for successful grade-to-grade
12 progression and high school graduation. If a student is
13 provided with accommodations or modifications that are not
14 allowable in the statewide assessment program, as described in
15 the test manuals, the district must inform the parent in
16 writing and must provide the parent with information regarding
17 the impact on the student's ability to meet expected
18 proficiency levels in reading, writing, and math. The
19 commissioner shall conduct studies as necessary to verify that
20 the required skills and competencies are part of the district
21 instructional programs.
22 9. District school boards must provide opportunities
23 for students to retake the FCAT following enrollment in summer
24 bridge academies pursuant to s. 1003.415(4).
25 10.9. The Department of Education must develop, or
26 select, and implement a common battery of assessment tools
27 that will be used in all juvenile justice programs in the
28 state. These tools must accurately measure the skills and
29 competencies established in the Florida Sunshine State
30 Standards.
31
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1 The commissioner may design and implement student testing
2 programs, for any grade level and subject area, necessary to
3 effectively monitor educational achievement in the state.
4 (e) Conduct ongoing research and analysis of student
5 achievement data, including, without limitation, monitoring
6 trends in student achievement by grade level and overall
7 student achievement, identifying school programs that are
8 successful, and analyzing correlates of school achievement.
9 (f) Encourage and assist school districts in
10 developing and establishing secondary school end-of-course
11 assessments. Such assessment shall be based on identified
12 course competencies and end-of-course expected outcomes and
13 may be administered by performance or alternative methods
14 other than paper and pencil.
15 (9) EQUIVALENCIES FOR STANDARDIZED TESTS.--
16 (a) The State Board of Education shall conduct
17 concordance studies, as necessary, in order to determine
18 scores on the SAT and the ACT which are equivalent to those
19 required on the FCAT for high school graduation pursuant to s.
20 1003.429(6)(a) or s. 1003.43(5)(a).
21 (b)(a) The Commissioner of Education shall approve the
22 use of the SAT and ACT tests as alternative assessments to the
23 grade 10 FCAT for the 2003-2004 school year. Students who
24 attain scores on the SAT or ACT which equate to the passing
25 scores on the grade 10 FCAT for purposes of high school
26 graduation shall satisfy the assessment requirement for a
27 standard high school diploma as provided in s. 1003.429(6)(a)
28 or s. 1003.43(5)(a) for the 2003-2004 school year if the
29 students meet the requirement in paragraph (c) (b).
30 (c)(b) A student shall be required to take each
31 subject area of the grade 10 FCAT a total of three times
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1 without earning a passing score in order to use the
2 corresponding subject area scores on an alternative assessment
3 pursuant to paragraph (b) (a). This requirement shall not
4 apply to a new student who enters is a new student to the
5 public school system in grade 12, who may take the FCAT or use
6 approved score equivalencies for the purpose of fulfilling the
7 graduation requirement.
8 (10) REPORTS.--The Department of Education shall
9 annually provide a report to the Governor, the President of
10 the Senate, and the Speaker of the House of Representatives on
11 the following:
12 (a) Longitudinal performance of students in
13 mathematics and reading.
14 (b) Longitudinal performance of students by grade
15 level in mathematics and reading.
16 (c) Longitudinal performance regarding efforts to
17 close the achievement gap.
18 (d) Longitudinal performance of students on the
19 norm-referenced component of the FCAT.
20 (e) Other student performance data based on national
21 norm-referenced and criterion-referenced tests, when
22 available.
23 Section 31. Subsection (4) of section 1008.25, Florida
24 Statutes, is amended to read:
25 1008.25 Public school student progression; remedial
26 instruction; reporting requirements.--
27 (4) ASSESSMENT AND REMEDIATION.--
28 (a) Each student must participate in the statewide
29 assessment tests required by s. 1008.22. Each student who does
30 not meet specific levels of performance as determined by the
31 district school board in reading, writing, science, and
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1 mathematics for each grade level, or who scores below Level 3
2 in reading or math does not meet specific levels of
3 performance as determined by the commissioner on statewide
4 assessments at selected grade levels, must be provided with
5 additional diagnostic assessments to determine the nature of
6 the student's difficulty, the and areas of academic need, and
7 strategies for appropriate intervention and instruction.
8 (b) The school in which the student is enrolled must
9 develop, in consultation with the student's parent, and must
10 implement an academic improvement plan designed to assist the
11 student in meeting state and district expectations for
12 proficiency. The For a student for whom a personalized
13 academic and career plan must be incorporated into an academic
14 improvement plan required for any secondary student middle
15 school success plan is required pursuant to s. 1003.415, the
16 middle school success plan must be incorporated in the
17 student's academic improvement plan. Beginning with the
18 2006-2007 2002-2003 school year, if the student has been
19 identified as having a deficiency in reading or math, the
20 academic improvement plan shall identify the student's
21 specific areas of deficiency or skills gaps in math and
22 reading phonemic awareness, phonics, fluency, comprehension,
23 and vocabulary; the desired levels of performance in these
24 areas; and the instructional and support services to be
25 provided to meet the desired levels of performance. Schools
26 shall also provide for the frequent monitoring of the
27 student's progress in meeting the desired levels of
28 performance. District school boards shall assist schools and
29 teachers to implement research-based reading and math
30 activities and instructional strategies that have been shown
31 to be successful with in teaching reading to low-performing
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1 students. Intensive remedial instruction provided during
2 middle and high school to students scoring at Level I on the
3 most recently administered FCAT may not be in lieu of English
4 and mathematics credits required for graduation.
5 (c) Upon subsequent evaluation, if the documented
6 deficiency has not been remediated in accordance with the
7 academic improvement plan, the student may be retained. Each
8 student who does not meet the minimum performance expectations
9 defined by the Commissioner of Education for the statewide
10 assessment tests in reading, writing, science, and mathematics
11 must continue to be provided with remedial or supplemental
12 instruction until the expectations are met or the student
13 graduates from high school or is not subject to compulsory
14 school attendance.
15 Section 32. Section 1008.301, Florida Statutes, is
16 repealed.
17 Section 33. Section 1008.31, Florida Statutes, is
18 amended to read:
19 1008.31 Florida's K-20 education performance
20 accountability system; legislative intent; performance-based
21 funding; mission, goals, and systemwide measures; public
22 accountability and reporting.--
23 (1) LEGISLATIVE INTENT.--It is the intent of the
24 Legislature that:
25 (a) The performance accountability system implemented
26 to assess the effectiveness of Florida's seamless K-20
27 education delivery system provide answers to the following
28 questions in relation to its mission and goals:
29 1. What is the public receiving in return for funds it
30 invests in education?
31
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1 2. How effectively is Florida's K-20 education system
2 educating its students?
3 3. How effectively are the major delivery sectors
4 promoting student achievement?
5 4. How are individual schools and postsecondary
6 education institutions performing their responsibility to
7 educate their students as measured by how students are
8 performing, and how much they are learning, and what their
9 actual completion rates are?
10 (b) The K-20 education performance accountability
11 system be established as a single, unified accountability
12 system with multiple components, including, but not limited
13 to, measures of adequate yearly progress, individual student
14 learning gains in public schools, school grades, and return on
15 investment.
16 (c) The K-20 education performance accountability
17 system comply with the accountability requirements of the "No
18 Child Left Behind Act of 2001," Pub. L. No. 107-110.
19 (d) The State Board of Education recommend to the
20 Legislature systemwide performance standards; the Legislature
21 establish systemwide performance measures and standards; and
22 the systemwide measures and standards provide Floridians with
23 information on what the public is receiving in return for the
24 funds it invests in education and how well the K-20 system
25 educates its students.
26 (e) The State Board of Education establish performance
27 measures and set performance standards for individual
28 components of the public education system, including
29 individual schools and postsecondary educational institutions,
30 with measures and standards based primarily on student
31 achievement.
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1 (2) MISSION, GOALS, AND SYSTEMWIDE MEASURES.--
2 (a) The mission of Florida's K-20 education system
3 shall be to increase the proficiency of all students within
4 one seamless, efficient system, by allowing them the
5 opportunity to expand their knowledge and skills through
6 learning opportunities and research valued by students,
7 parents, and communities.
8 (b) The process State Board of Education shall adopt
9 guiding principles for establishing state and sector-specific
10 standards and measures must be:.
11 1. Focused on student success.
12 2. Addressable through policy and program changes.
13 3. Efficient and of high quality.
14 4. Measurable over time.
15 5. Simple to explain and display to the public.
16 6. Aligned with other measures and other sectors in
17 order to support a coordinated K-20 education system.
18 (c) The Department State Board of Education shall
19 maintain an accountability system that measures student
20 progress toward the following goals:
21 1. Highest student achievement, as indicated by
22 evidence of gains in student learning at all levels measured
23 by: student FCAT performance and annual learning gains; the
24 number and percentage of schools that improve at least one
25 school performance grade designation or maintain a school
26 performance grade designation of "A" pursuant to s. 1008.34;
27 graduation or completion rates at all learning levels; and
28 other measures identified in law or rule.
29 2. Seamless articulation and maximum access, as
30 measured by evidence of progression, readiness, and access by
31 targeted groups of students identified by the Commissioner of
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1 Education.: the percentage of students who demonstrate
2 readiness for the educational level they are entering, from
3 kindergarten through postsecondary education and into the
4 workforce; the number and percentage of students needing
5 remediation; the percentage of Floridians who complete
6 associate, baccalaureate, graduate, professional, and
7 postgraduate degrees; the number and percentage of credits
8 that articulate; the extent to which each set of exit-point
9 requirements matches the next set of entrance-point
10 requirements; the degree to which underserved populations
11 access educational opportunity; the extent to which access is
12 provided through innovative educational delivery strategies;
13 and other measures identified in law or rule.
14 3. Skilled workforce and economic development, as
15 measured by evidence of employment and earnings: the number
16 and percentage of graduates employed in their areas of
17 preparation; the percentage of Floridians with high school
18 diplomas and postsecondary education credentials; the
19 percentage of business and community members who find that
20 Florida's graduates possess the skills they need; national
21 rankings; and other measures identified in law or rule.
22 4. Quality efficient services, as measured by evidence
23 of return on investment: cost per completer or graduate;
24 average cost per noncompleter at each educational level; cost
25 disparity across institutions offering the same degrees; the
26 percentage of education customers at each educational level
27 who are satisfied with the education provided; and other
28 measures identified in law or rule.
29 5. Other goals, as identified by law or rule.
30 (3) K-20 EDUCATION DATA QUALITY IMPROVEMENTS
31 SYSTEMWIDE DATA COLLECTION.--In order to provide the data
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1 required to implement education performance accountability
2 measures in state and federal law, the Commissioner of
3 Education shall initiate and maintain strategies to improve
4 data quality and timeliness.
5 (a) School districts and public postsecondary
6 educational institutions shall maintain information systems
7 that will provide the State Board of Education, the Board of
8 Governors of the State University System, and the Legislature
9 with information and reports necessary to address the
10 specifications of the accountability system. The State Board
11 of Education shall determine the standards for the required
12 data. The level of comprehensiveness and quality shall be no
13 less than that which was available as of June 30, 2001.
14 (b) The Commissioner of Education shall determine the
15 standards for the required data, monitor data quality, and
16 measure improvements. The commissioner shall report annually
17 to the State Board of Education, the Board of Governors of the
18 State University System, the President of the Senate, and the
19 Speaker of the House of Representatives the data quality
20 indicators, ratings for all school districts and public
21 postsecondary educational institutions, and information on
22 Florida's calculation of graduation rates and how this
23 compares to calculation methods by other states.
24 (4) REPORTING OR DATA COLLECTION.--The department
25 shall coordinate with school districts in developing any
26 reporting or data-collection requirements to address the
27 specifications of the accountability system. Before
28 establishing any new reporting or data-collection
29 requirements, the department shall use any existing data being
30 collected to reduce duplication and minimize paperwork.
31
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1 Section 34. Subsections (1), (2), and (4) of section
2 1008.33, Florida Statutes, are amended to read:
3 1008.33 Authority to enforce public school
4 improvement.--It is the intent of the Legislature that all
5 public schools be held accountable for students performing at
6 acceptable levels. A system of school improvement and
7 accountability that assesses student performance by school,
8 identifies schools in which students are not making adequate
9 progress toward state standards, institutes appropriate
10 measures for enforcing improvement, and provides rewards and
11 sanctions based on performance shall be the responsibility of
12 the State Board of Education.
13 (1) Pursuant to Art. IX of the State Constitution
14 prescribing the duty of the State Board of Education to
15 supervise Florida's public school system and notwithstanding
16 any other statutory provisions to the contrary, the State
17 Board of Education shall intervene in the operation of a
18 district school system when one or more schools in the school
19 district have failed to make adequate progress for 2 school
20 years in a 4-year period. For purposes of determining when a
21 school is eligible for state board action and opportunity
22 scholarships for its students, the terms "2 years in any
23 4-year period" and "2 years in a 4-year period" mean that in
24 any year that a school has a grade of "F," the school is
25 eligible for state board action and opportunity scholarships
26 for its students if it also has had a grade of "F" in any of
27 the previous 3 school years. The State Board of Education may
28 determine that the school district or school has not taken
29 steps sufficient for students in the school to be academically
30 well served. Considering recommendations of the Commissioner
31 of Education, the State Board of Education shall recommend
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1 action to a district school board intended to improve
2 educational services to students in each school that is
3 designated with a as performance grade of category "F."
4 Recommendations for actions to be taken in the school district
5 shall be made only after thorough consideration of the unique
6 characteristics of a school, which shall include student
7 mobility rates, the number and type of exceptional students
8 enrolled in the school, and the availability of options for
9 improved educational services. The state board shall adopt by
10 rule steps to follow in this process. Such steps shall
11 provide school districts sufficient time to improve student
12 performance in schools and the opportunity to present evidence
13 of assistance and interventions that the district school board
14 has implemented.
15 (2) The State Board of Education may recommend one or
16 more of the following actions to district school boards to
17 enable students in schools designated with a as performance
18 grade of category "F" to be academically well served by the
19 public school system:
20 (a) Provide additional resources, change certain
21 practices, and provide additional assistance if the state
22 board determines the causes of inadequate progress to be
23 related to school district policy or practice;
24 (b) Implement a plan that satisfactorily resolves the
25 education equity problems in the school;
26 (c) Contract for the educational services of the
27 school, or reorganize the school at the end of the school year
28 under a new school principal who is authorized to hire new
29 staff and implement a plan that addresses the causes of
30 inadequate progress;
31
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1 (d) Allow parents of students in the school to send
2 their children to another district school of their choice; or
3 (e) Other action appropriate to improve the school's
4 performance.
5 (4) The State Board of Education may require the
6 Department of Education or Chief Financial Officer to withhold
7 any transfer of state funds to the school district if, within
8 the timeframe specified in state board action, the school
9 district has failed to comply with the action ordered to
10 improve the district's low-performing schools. Withholding the
11 transfer of funds shall occur only after all other recommended
12 actions for school improvement have failed to improve
13 performance. The State Board of Education may impose the same
14 penalty on any district school board that fails to develop and
15 implement a plan for assistance and intervention for
16 low-performing schools as specified in s. 1001.42(16)(d) s.
17 1001.42(16)(c).
18 Section 35. Section 1008.34, Florida Statutes, is
19 amended to read:
20 1008.34 School grading system; school report cards;
21 district performance grade.--
22 (1) ANNUAL REPORTS.--The Commissioner of Education
23 shall prepare annual reports of the results of the statewide
24 assessment program which describe student achievement in the
25 state, each district, and each school. The commissioner shall
26 prescribe the design and content of these reports, which must
27 include, without limitation, descriptions of the performance
28 of all schools participating in the assessment program and all
29 of their major student populations as determined by the
30 Commissioner of Education, and must also include the median
31 scores of all eligible students who scored at or in the lowest
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1 25th percentile of the state in the previous school year;
2 provided, however, that the provisions of s. 1002.22
3 pertaining to student records apply to this section.
4 (2) SCHOOL GRADES PERFORMANCE GRADE CATEGORIES.--The
5 annual report shall identify schools as having one of the
6 following grades, being in one of the following grade
7 categories defined according to rules of the State Board of
8 Education:
9 (a) "A," schools making excellent progress.
10 (b) "B," schools making above average progress.
11 (c) "C," schools making satisfactory progress.
12 (d) "D," schools making less than satisfactory
13 progress.
14 (e) "F," schools failing to make adequate progress.
15
16 Each school designated with a in performance grade of category
17 "A," making excellent progress, or having improved at least
18 two performance grade levels categories, shall have greater
19 authority over the allocation of the school's total budget
20 generated from the FEFP, state categoricals, lottery funds,
21 grants, and local funds, as specified in state board rule. The
22 rule must provide that the increased budget authority shall
23 remain in effect until the school's performance grade
24 declines.
25 (3) DESIGNATION OF SCHOOL GRADES PERFORMANCE GRADE
26 CATEGORIES.--Each school that has students who are tested and
27 included in the school grading system, except an alternative
28 school that receives a school-improvement rating pursuant to
29 s. 1008.341, shall receive a school grade; however, an
30 alternative school may choose to receive a school grade under
31 this section in lieu of a school-improvement rating.
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1 Additionally, a school that serves any combination of students
2 in kindergarten through grade 3 which does not receive a
3 school grade because its students are not tested and included
4 in the school grading system shall receive the school grade
5 designation of a K-3 feeder pattern school identified by the
6 Department of Education and verified by the school district. A
7 school feeder pattern exists if at least 60 percent of the
8 students in the school serving a combination of students in
9 kindergarten through grade 3 are scheduled to be assigned to
10 the graded school. School grades performance grade category
11 designations itemized in subsection (2) shall be based on the
12 following:
13 (a) Criteria Timeframes.--A school's grade shall be
14 based on a combination of:
15 1. Student achievement scores School performance grade
16 category designations shall be based on the school's current
17 year performance and the school's annual learning gains.
18 2. A school's performance grade category designation
19 shall be based on a combination of student achievement scores,
20 Student learning gains as measured by annual FCAT assessments
21 in grades 3 through 10., and
22 3. Improvement of the lowest 25th percentile of
23 students in the school in reading, math, or writing on the
24 FCAT Reading, unless these students are exhibiting performing
25 above satisfactory performance.
26 (b) Student assessment data.--Student assessment data
27 used in determining school grades performance grade categories
28 shall include:
29 1. The aggregate scores of all eligible students
30 enrolled in the school who have been assessed on the FCAT.
31
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1 2. The aggregate scores of all eligible students
2 enrolled in the school who have been assessed on the FCAT,
3 including Florida Writes, and who have scored at or in the
4 lowest 25th percentile of students in the school in reading,
5 math, or writing, unless these students are exhibiting
6 performing above satisfactory performance.
7 3. The achievement scores and learning gains of
8 eligible students attending alternative schools that provide
9 dropout-prevention and academic-intervention services pursuant
10 to s. 1003.53. The term "eligible students" in this
11 subparagraph does not include students attending an
12 alternative school who are subject to district school board
13 policies for expulsion for repeated or serious offenses, who
14 are in dropout-retrieval programs serving students who have
15 officially been designated as dropouts, or who are in programs
16 operated or contracted by the Department of Juvenile Justice.
17 The student performance data for eligible students identified
18 in this subparagraph shall be included in the calculation of
19 the home school's grade. For purposes of this section and s.
20 1008.341, "home school" means the school the student was
21 attending when assigned to an alternative school. If an
22 alternative school chooses to be graded pursuant to this
23 section, student performance data for eligible students
24 identified in this subparagraph may not be included in the
25 home school's grade but shall be included only in the
26 calculation of the alternative school's improvement rating.
27 School districts must ensure collaboration between the home
28 school and the alternative school in order to promote student
29 success.
30
31
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1 The Department of Education shall study the effects of
2 mobility on the performance of highly mobile students and
3 recommend programs to improve the performance of such
4 students. The State Board of Education shall adopt appropriate
5 criteria for each school performance grade category. The
6 criteria must also give added weight to student achievement in
7 reading. Schools designated with a as performance grade of
8 category "C," making satisfactory progress, shall be required
9 to demonstrate that adequate progress has been made by
10 students in the school who are in the lowest 25th percentile
11 in reading, math, or writing on the FCAT, including Florida
12 Writes, unless these students are exhibiting performing above
13 satisfactory performance.
14 (4) SCHOOL IMPROVEMENT RATINGS.--The annual report
15 shall identify each school's performance as having improved,
16 remained the same, or declined. This school improvement rating
17 shall be based on a comparison of the current year's and
18 previous year's student and school performance data. Schools
19 that improve at least one performance grade level category are
20 eligible for school recognition awards pursuant to s. 1008.36.
21 (5) SCHOOL REPORT CARD PERFORMANCE GRADE CATEGORY AND
22 IMPROVEMENT RATING REPORTS.--The Department of Education shall
23 annually develop, in collaboration with the school districts,
24 a school report card to be delivered to parents throughout
25 each school district. The report card shall include the
26 school's grade, information regarding school improvement, an
27 explanation of school performance as evaluated by the federal
28 No Child Left Behind Act of 2001, and indicators of return on
29 investment. School performance grade category designations and
30 improvement ratings shall apply to each school's performance
31 for the year in which performance is measured. Each school's
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1 report card designation and rating shall be published annually
2 by the department on its website, of Education and the school
3 district shall provide the school report card to each parent.
4 Parents shall be entitled to an easy-to-read report card about
5 the designation and rating of the school in which their child
6 is enrolled.
7 (6) RULES.--The State Board of Education shall adopt
8 rules pursuant to ss. 120.536(1) and 120.54 to implement the
9 provisions of this section.
10 (6)(7) PERFORMANCE-BASED FUNDING.--The Legislature may
11 factor in the performance of schools in calculating any
12 performance-based funding policy that is provided for annually
13 in the General Appropriations Act.
14 (7)(8) DISTRICT PERFORMANCE GRADE.--The annual report
15 required by subsection (1) shall include district performance
16 grades, which shall consist of weighted district average
17 grades, by level, for all elementary schools, middle schools,
18 and high schools in the district. A district's weighted
19 average grade shall be calculated by weighting individual
20 school grades determined pursuant to subsection (2) by school
21 enrollment.
22 Section 36. Section 1008.341, Florida Statutes, is
23 created to read:
24 1008.341 School-improvement rating for alternative
25 schools.--
26 (1) ANNUAL REPORTS.--The Commissioner of Education
27 shall prepare an annual report on the performance of each
28 school receiving a school-improvement rating pursuant to this
29 section if the provisions of s. 1002.22 pertaining to student
30 records apply.
31
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1 (2) SCHOOL IMPROVEMENT RATING.--Alternative schools
2 that provide dropout-prevention and academic-intervention
3 services pursuant to s. 1003.53 shall receive a
4 school-improvement rating pursuant to this section. The
5 school-improvement rating shall identify schools as having one
6 of the following ratings defined according to rules of the
7 State Board of Education:
8 (a) "Improving" means schools with students making
9 more academic progress than when the students were served in
10 their home schools.
11 (b) "Maintaining" means schools with students making
12 progress equivalent to the progress made when the students
13 were served in their home schools.
14 (c) "Declining" means schools with students making
15 less academic progress than when the students were served in
16 their home schools.
17
18 The school-improvement rating shall be based on a comparison
19 of student performance data for the current year and previous
20 year. Schools that improve at least one level or maintain an
21 "improving" rating pursuant to this section are eligible for
22 school recognition awards pursuant to s. 1008.36.
23 (3) DESIGNATION OF SCHOOL-IMPROVEMENT RATING.--Student
24 data used in determining an alternative school's
25 school-improvement rating shall include:
26 (a) The aggregate scores of all eligible students who
27 were assigned to and enrolled in the school during the October
28 or February FTE count, who have been assessed on the FCAT, and
29 who have FCAT or comparable scores for the preceding school
30 year.
31
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1 (b) The aggregate scores of all eligible students who
2 were assigned to and enrolled in the school during the October
3 or February FTE count, who have been assessed on the FCAT,
4 including Florida Writes, and who have scored in the lowest
5 25th percentile of students in the state on FCAT Reading.
6
7 The assessment scores of students who are subject to district
8 school board policies for expulsion for repeated or serious
9 offenses, who are in dropout-retrieval programs serving
10 students who have officially been designated as dropouts, or
11 who are in programs operated or contracted by the Department
12 of Juvenile Justice may not be included in an alternative
13 school's school improvement rating.
14 (4) IDENTIFICATION OF STUDENT LEARNING GAINS.--For
15 each alternative school receiving a school-improvement rating,
16 the Department of Education shall annually identify the
17 percentage of students making learning gains as compared to
18 the percentage of the same students making learning gains in
19 their home schools in the year prior to being assigned to the
20 alternative school.
21 (5) SCHOOL REPORT CARD.--The Department of Education
22 shall annually develop, in collaboration with the school
23 districts, a school repot card for alternative schools to be
24 delivered to parents throughout each school district. The
25 report card shall include the school-improvement rating,
26 identification of student learning gains, student attendance
27 data, information regarding school improvement, an explanation
28 of school performance as evaluated by the federal No Child
29 Left Behind Act of 2001, and indicators of return on
30 investment.
31
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1 Section 37. Subsection (5), paragraphs (b) and (d) of
2 subsection (6), and subsection (7) of section 1008.345,
3 Florida Statutes, are amended to read:
4 1008.345 Implementation of state system of school
5 improvement and education accountability.--
6 (5) The commissioner shall report to the Legislature
7 and recommend changes in state policy necessary to foster
8 school improvement and education accountability. Included in
9 the report shall be a list of the schools, including schools
10 operating for the purpose of providing educational services to
11 youth in Department of Juvenile Justice programs, for which
12 district school boards have developed assistance and
13 intervention plans and an analysis of the various strategies
14 used by the school boards. School reports shall be distributed
15 pursuant to this subsection and s. 1001.42(16)(f) s.
16 1001.42(16)(e) and according to rules adopted by the State
17 Board of Education.
18 (6)
19 (b) Upon request, the department shall provide
20 technical assistance and training to any school, including any
21 school operating for the purpose of providing educational
22 services to youth in Department of Juvenile Justice programs,
23 school advisory council, district, or district school board
24 for conducting needs assessments, developing and implementing
25 school improvement plans, developing and implementing
26 assistance and intervention plans, or implementing other
27 components of school improvement and accountability. Priority
28 for these services shall be given to schools designated with a
29 as performance grade of category "D" or "F" and school
30 districts in rural and sparsely populated areas of the state.
31
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1 (d) The department shall assign a community assessment
2 team to each school district with a school designated with a
3 as performance grade of category "D" or "F" to review the
4 school performance data and determine causes for the low
5 performance. The team shall make recommendations to the school
6 board, to the department, and to the State Board of Education
7 for implementing an assistance and intervention plan that will
8 address the causes of the school's low performance. The
9 assessment team shall include, but not be limited to, a
10 department representative, parents, business representatives,
11 educators, and community activists, and shall represent the
12 demographics of the community from which they are appointed.
13 (7)(a) Schools designated with a in performance grade
14 of category "A," making excellent progress, shall, if
15 requested by the school, be given deregulated status as
16 specified in s. 1003.63(5), (7), (8), (9), and (10).
17 (b) Schools that have improved at least two grades
18 performance grade categories and that meet the criteria of the
19 Florida School Recognition Program pursuant to s. 1008.36 may
20 be given deregulated status as specified in s. 1003.63(5),
21 (7), (8), (9), and (10).
22 Section 38. Paragraphs (f), (h), (l), (m), and (n) of
23 subsection (1) and paragraphs (a) and (b) of subsection (4) of
24 section 1011.62, Florida Statutes, are amended, present
25 subsections (8) and (9) of that section are redesignated as
26 subsections (9) and (10), respectively, and amended, and a new
27 subsection (8) is added to that section, to read:
28 1011.62 Funds for operation of schools.--If the annual
29 allocation from the Florida Education Finance Program to each
30 district for operation of schools is not determined in the
31 annual appropriations act or the substantive bill implementing
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1 the annual appropriations act, it shall be determined as
2 follows:
3 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
4 OPERATION.--The following procedure shall be followed in
5 determining the annual allocation to each district for
6 operation:
7 (f) Supplemental academic instruction; categorical
8 fund.--
9 1. There is created a categorical fund to provide
10 supplemental academic instruction to students in kindergarten
11 through grade 12. This paragraph may be cited as the
12 "Supplemental Academic Instruction Categorical Fund."
13 2. Categorical funds for supplemental academic
14 instruction shall be allocated annually to each school
15 district in the amount provided in the General Appropriations
16 Act. These funds shall be in addition to the funds
17 appropriated on the basis of FTE student membership in the
18 Florida Education Finance Program and shall be included in the
19 total potential funds of each district. These funds shall be
20 used to provide supplemental academic instruction to students
21 enrolled in the K-12 program. Supplemental instruction
22 strategies may include, but are not limited to: modified
23 curriculum, reading instruction, after-school instruction,
24 tutoring, mentoring, class size reduction, extended school
25 year, intensive skills development in summer school, and other
26 methods for improving student achievement. Supplemental
27 instruction may be provided to a student in any manner and at
28 any time during or beyond the regular 180-day term identified
29 by the school as being the most effective and efficient way to
30 best help that student progress from grade to grade and to
31 graduate.
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1 3. Effective with the 1999-2000 fiscal year, funding
2 on the basis of FTE membership beyond the 180-day regular term
3 shall be provided in the FEFP only for students enrolled in
4 juvenile justice education programs or in an education program
5 for juveniles under s. 985.223. Funding for instruction beyond
6 the regular 180-day school year for all other K-12 students
7 shall be provided through the supplemental academic
8 instruction categorical fund and other state, federal, and
9 local fund sources with ample flexibility for schools to
10 provide supplemental instruction to assist students in
11 progressing from grade to grade and graduating.
12 4. The Florida State University School, as a lab
13 school, is authorized to expend from its FEFP or Lottery
14 Enhancement Trust Fund allocation the cost to the student of
15 remediation in reading, writing, or mathematics for any
16 graduate who requires remediation at a postsecondary
17 educational institution.
18 5. Beginning in the 1999-2000 school year, dropout
19 prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
20 (b), and (c), and 1003.54 shall be included in group 1
21 programs under subparagraph (d)3.
22 (h) Small, isolated high schools.--Districts which
23 levy the maximum nonvoted discretionary millage, exclusive of
24 millage for capital outlay purposes levied pursuant to s.
25 1011.71(2), may calculate full-time equivalent students for
26 small, isolated high schools by multiplying the number of
27 unweighted full-time equivalent students times 2.75; provided
28 the school has attained a state accountability performance
29 grade category of "C" or better, pursuant to s. 1008.34, for
30 the previous school year. For the purpose of this section, the
31 term "small, isolated high school" means any high school which
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1 is located no less than 28 miles by the shortest route from
2 another high school; which has been serving students primarily
3 in basic studies provided by sub-subparagraphs (c)1.b. and c.
4 and may include subparagraph (c)4.; and which has a membership
5 of no more than 100 students, but no fewer than 28 students,
6 in grades 9 through 12.
7 (l) Calculation of additional full-time equivalent
8 membership based on international baccalaureate examination
9 scores of students.--A value of 0.24 full-time equivalent
10 student membership shall be calculated for each student
11 enrolled in an international baccalaureate course who receives
12 a score of 4 or higher on a subject examination. A value of
13 0.3 full-time equivalent student membership shall be
14 calculated for each student who receives an international
15 baccalaureate diploma. Such value shall be added to the total
16 full-time equivalent student membership in basic programs for
17 grades 9 through 12 in the subsequent fiscal year. The school
18 district shall distribute to each classroom teacher who
19 provided international baccalaureate instruction:
20 1. A bonus in the amount of $50 for each student
21 taught by the International Baccalaureate teacher in each
22 international baccalaureate course who receives a score of 4
23 or higher on the international baccalaureate examination.
24 2. An additional bonus of $500 to each International
25 Baccalaureate teacher in a school designated with a
26 performance grade of category "D" or "F" who has at least one
27 student scoring 4 or higher on the international baccalaureate
28 examination, regardless of the number of classes taught or of
29 the number of students scoring a 4 or higher on the
30 international baccalaureate examination.
31
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1 Bonuses awarded to a teacher according to this paragraph shall
2 not exceed $2,000 in any given school year and shall be in
3 addition to any regular wage or other bonus the teacher
4 received or is scheduled to receive.
5 (m) Calculation of additional full-time equivalent
6 membership based on Advanced International Certificate of
7 Education examination scores of students.--A value of 0.24
8 full-time equivalent student membership shall be calculated
9 for each student enrolled in a full-credit Advanced
10 International Certificate of Education course who receives a
11 score of E or higher on a subject examination. A value of 0.12
12 full-time equivalent student membership shall be calculated
13 for each student enrolled in a half-credit Advanced
14 International Certificate of Education course who receives a
15 score of E or higher on a subject examination. A value of 0.3
16 full-time equivalent student membership shall be calculated
17 for each student who receives an Advanced International
18 Certificate of Education diploma. Such value shall be added to
19 the total full-time equivalent student membership in basic
20 programs for grades 9 through 12 in the subsequent fiscal
21 year. The school district shall distribute to each classroom
22 teacher who provided Advanced International Certificate of
23 Education instruction:
24 1. A bonus in the amount of $50 for each student
25 taught by the Advanced International Certificate of Education
26 teacher in each full-credit Advanced International Certificate
27 of Education course who receives a score of E or higher on the
28 Advanced International Certificate of Education examination. A
29 bonus in the amount of $25 for each student taught by the
30 Advanced International Certificate of Education teacher in
31 each half-credit Advanced International Certificate of
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1 Education course who receives a score of E or higher on the
2 Advanced International Certificate of Education examination.
3 2. An additional bonus of $500 to each Advanced
4 International Certificate of Education teacher in a school
5 designated with a performance grade of category "D" or "F" who
6 has at least one student scoring E or higher on the
7 full-credit Advanced International Certificate of Education
8 examination, regardless of the number of classes taught or of
9 the number of students scoring an E or higher on the
10 full-credit Advanced International Certificate of Education
11 examination.
12 3. Additional bonuses of $250 each to teachers of
13 half-credit Advanced International Certificate of Education
14 classes in a school designated with a performance grade of
15 category "D" or "F" which has at least one student scoring an
16 E or higher on the half-credit Advanced International
17 Certificate of Education examination in that class. The
18 maximum additional bonus for a teacher awarded in accordance
19 with this subparagraph shall not exceed $500 in any given
20 school year. Teachers receiving an award under subparagraph 2.
21 are not eligible for a bonus under this subparagraph.
22
23 Bonuses awarded to a teacher according to this paragraph shall
24 not exceed $2,000 in any given school year and shall be in
25 addition to any regular wage or other bonus the teacher
26 received or is scheduled to receive.
27 (n) Calculation of additional full-time equivalent
28 membership based on college board advanced placement scores of
29 students.--A value of 0.24 full-time equivalent student
30 membership shall be calculated for each student in each
31 advanced placement course who receives a score of 3 or higher
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1 on the College Board Advanced Placement Examination for the
2 prior year and added to the total full-time equivalent student
3 membership in basic programs for grades 9 through 12 in the
4 subsequent fiscal year. Each district must allocate at least
5 80 percent of the funds provided to the district for advanced
6 placement instruction, in accordance with this paragraph, to
7 the high school that generates the funds. The school district
8 shall distribute to each classroom teacher who provided
9 advanced placement instruction:
10 1. A bonus in the amount of $50 for each student
11 taught by the Advanced Placement teacher in each advanced
12 placement course who receives a score of 3 or higher on the
13 College Board Advanced Placement Examination.
14 2. An additional bonus of $500 to each Advanced
15 Placement teacher in a school designated with a performance
16 grade of category "D" or "F" who has at least one student
17 scoring 3 or higher on the College Board Advanced Placement
18 Examination, regardless of the number of classes taught or of
19 the number of students scoring a 3 or higher on the College
20 Board Advanced Placement Examination.
21
22 Bonuses awarded to a teacher according to this paragraph shall
23 not exceed $2,000 in any given school year and shall be in
24 addition to any regular wage or other bonus the teacher
25 received or is scheduled to receive.
26 (4) COMPUTATION OF DISTRICT REQUIRED LOCAL
27 EFFORT.--The Legislature shall prescribe the aggregate
28 required local effort for all school districts collectively as
29 an item in the General Appropriations Act for each fiscal
30 year. The amount that each district shall provide annually
31 toward the cost of the Florida Education Finance Program for
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1 kindergarten through grade 12 programs shall be calculated as
2 follows:
3 (a) Estimated taxable value calculations.--
4 1.a. Not later than 2 working days prior to July 19,
5 the Department of Revenue shall certify to the Commissioner of
6 Education its most recent estimate of the taxable value for
7 school purposes in each school district and the total for all
8 school districts in the state for the current calendar year
9 based on the latest available data obtained from the local
10 property appraisers. Not later than July 19, the Commissioner
11 of Education shall compute a millage rate, rounded to the next
12 highest one one-thousandth of a mill, which, when applied to
13 95 percent of the estimated state total taxable value for
14 school purposes, would generate the prescribed aggregate
15 required local effort for that year for all districts. The
16 Commissioner of Education shall certify to each district
17 school board the millage rate, computed as prescribed in this
18 subparagraph, as the minimum millage rate necessary to provide
19 the district required local effort for that year.
20 b. The General Appropriations Act shall direct the
21 computation of the statewide adjusted aggregate amount for
22 required local effort for all school districts collectively
23 from ad valorem taxes to ensure that no school district's
24 revenue from required local effort millage will produce more
25 than 90 percent of the district's total Florida Education
26 Finance Program calculation, and the adjustment of the
27 required local effort millage rate of each district that
28 produces more than 90 percent of its total Florida Education
29 Finance Program entitlement to a level that will produce only
30 90 percent of its total Florida Education Finance Program
31 entitlement in the July calculation.
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1 2. As revised data are received from property
2 appraisers, the Department of Revenue shall amend the
3 certification of the estimate of the taxable value for school
4 purposes. The Commissioner of Education, in administering the
5 provisions of subparagraph (10)(a)2. (9)(a)2., shall use the
6 most recent taxable value for the appropriate year.
7 (b) Final calculation.--
8 1. The Department of Revenue shall, upon receipt of
9 the official final assessed value of property from each of the
10 property appraisers, certify to the Commissioner of Education
11 the taxable value total for school purposes in each school
12 district, subject to the provisions of paragraph (d). The
13 commissioner shall use the official final taxable value for
14 school purposes for each school district in the final
15 calculation of the annual Florida Education Finance Program
16 allocations.
17 2. For the purposes of this paragraph, the official
18 final taxable value for school purposes shall be the taxable
19 value for school purposes on which the tax bills are computed
20 and mailed to the taxpayers, adjusted to reflect final
21 administrative actions of value adjustment boards and judicial
22 decisions pursuant to part I of chapter 194. By September 1 of
23 each year, the Department of Revenue shall certify to the
24 commissioner the official prior year final taxable value for
25 school purposes. For each county that has not submitted a
26 revised tax roll reflecting final value adjustment board
27 actions and final judicial decisions, the Department of
28 Revenue shall certify the most recent revision of the official
29 taxable value for school purposes. The certified value shall
30 be the final taxable value for school purposes, and no further
31
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1 adjustments shall be made, except those made pursuant to
2 subparagraph (10)(a)2. (9)(a)2.
3 (8) RESEARCH-BASED READING INSTRUCTION ALLOCATION.--
4 (a) The research-based reading instruction allocation
5 is created to provide comprehensive reading instruction to
6 students in kindergarten through grade 12.
7 (b) Funds for comprehensive, research-based reading
8 instruction shall be allocated annually to each school
9 district in the amount provided in the General Appropriations
10 Act. Each eligible school district shall receive the same
11 minimum amount as specified in the General Appropriations Act,
12 and any remaining funds shall be distributed to eligible
13 school districts based on each school district's proportionate
14 share of K-12 base funding.
15 (c) Funds allocated under this subsection must be used
16 to provide a system of comprehensive reading instruction to
17 students enrolled in the K-12 programs, which may include the
18 following:
19 1. The provision of highly qualified reading coaches.
20 2. Professional development for school district
21 teachers in scientifically based reading instruction.
22 3. The provision of summer reading camps for students
23 who score at Level 1 on FCAT Reading.
24 4. The provision of supplemental instructional
25 materials that are grounded in scientifically based reading
26 research.
27 5. The provision of intensive interventions for middle
28 and high school students reading below grade level.
29 6. The provision of integration of reading in the
30 content area strategies for all middle and high school
31 students.
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1 (d) Annually, by a date determined by the Department
2 of Education but before May 1, school districts shall submit a
3 K-12 comprehensive reading plan for the specific use of the
4 research-based reading instruction allocation in the format
5 prescribed by the department for review and approval by the
6 Just Read, Florida! Office created pursuant to s. 1001.215.
7 The plan annually submitted by school districts shall be
8 deemed approved unless the department rejects the plan on or
9 before June 1. If a school district and the Just Read,
10 Florida! Office cannot reach agreement on the contents of the
11 plan, the school district may appeal to the State Board of
12 Education for resolution. School districts shall be allowed
13 reasonable flexibility in designing their plans and shall be
14 encouraged to offer reading remediation through innovative
15 methods, including career academies. The plan format shall be
16 developed with input from school district personnel, including
17 teachers and principals, and shall allow courses in core,
18 career, and alternative programs that deliver intensive
19 reading remediation through integrated curricula. No later
20 than July 1 annually, the department shall release the school
21 district's allocation of appropriated funds to those districts
22 having approved plans. A school district that spends 100
23 percent of this allocation on its approved plan shall be
24 deemed to have been in compliance with the plan. The
25 department may withhold funds upon a determination that
26 reading instruction allocation funds are not being used to
27 implement the approved plan.
28 (9)(8) QUALITY ASSURANCE GUARANTEE.--The Legislature
29 may annually in the General Appropriations Act determine a
30 percentage increase in funds per K-12 unweighted FTE as a
31 minimum guarantee to each school district. The guarantee shall
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1 be calculated from prior year base funding per unweighted FTE
2 student which shall include the adjusted FTE dollars as
3 provided in subsection (10) (9), quality guarantee funds, and
4 actual nonvoted discretionary local effort from taxes. From
5 the base funding per unweighted FTE, the increase shall be
6 calculated for the current year. The current year funds from
7 which the guarantee shall be determined shall include the
8 adjusted FTE dollars as provided in subsection (10) (9) and
9 potential nonvoted discretionary local effort from taxes. A
10 comparison of current year funds per unweighted FTE to prior
11 year funds per unweighted FTE shall be computed. For those
12 school districts which have less than the legislatively
13 assigned percentage increase, funds shall be provided to
14 guarantee the assigned percentage increase in funds per
15 unweighted FTE student. Should appropriated funds be less than
16 the sum of this calculated amount for all districts, the
17 commissioner shall prorate each district's allocation. This
18 provision shall be implemented to the extent specifically
19 funded.
20 (10)(9) TOTAL ALLOCATION OF STATE FUNDS TO EACH
21 DISTRICT FOR CURRENT OPERATION.--The total annual state
22 allocation to each district for current operation for the FEFP
23 shall be distributed periodically in the manner prescribed in
24 the General Appropriations Act.
25 (a) The basic amount for current operation for the
26 FEFP as determined in subsection (1), multiplied by the
27 district cost differential factor as determined in subsection
28 (2), plus the amounts provided for categorical components
29 within the FEFP, plus the amount for the sparsity supplement
30 as determined in subsection (6), the decline in full-time
31 equivalent students as determined in subsection (7), the
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1 research-based reading instruction allocation as determined in
2 subsection (8), and the quality assurance guarantee as
3 determined in subsection (9) (8), less the required local
4 effort as determined in subsection (4). If the funds
5 appropriated for the purpose of funding the total amount for
6 current operation as provided in this paragraph are not
7 sufficient to pay the state requirement in full, the
8 department shall prorate the available state funds to each
9 district in the following manner:
10 1. Determine the percentage of proration by dividing
11 the sum of the total amount for current operation, as provided
12 in this paragraph for all districts collectively, and the
13 total district required local effort into the sum of the state
14 funds available for current operation and the total district
15 required local effort.
16 2. Multiply the percentage so determined by the sum of
17 the total amount for current operation as provided in this
18 paragraph and the required local effort for each individual
19 district.
20 3. From the product of such multiplication, subtract
21 the required local effort of each district; and the remainder
22 shall be the amount of state funds allocated to the district
23 for current operation.
24 (b) The amount thus obtained shall be the net annual
25 allocation to each school district. However, if it is
26 determined that any school district received an
27 underallocation or overallocation for any prior year because
28 of an arithmetical error, assessment roll change, full-time
29 equivalent student membership error, or any allocation error
30 revealed in an audit report, the allocation to that district
31 shall be appropriately adjusted. Beginning with audits for the
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1 2001-2002 fiscal year, if the adjustment is the result of an
2 audit finding in which group 2 FTE are reclassified to the
3 basic program and the district weighted FTE are over the
4 weighted enrollment ceiling for group 2 programs, the
5 adjustment shall not result in a gain of state funds to the
6 district. If the Department of Education audit adjustment
7 recommendation is based upon controverted findings of fact,
8 the Commissioner of Education is authorized to establish the
9 amount of the adjustment based on the best interests of the
10 state.
11 (c) The amount thus obtained shall represent the net
12 annual state allocation to each district; however,
13 notwithstanding any of the provisions herein, each district
14 shall be guaranteed a minimum level of funding in the amount
15 and manner prescribed in the General Appropriations Act.
16 Section 39. Paragraph (a) of subsection (2) of section
17 1011.64, Florida Statutes, is amended to read:
18 1011.64 School district minimum classroom expenditure
19 requirements.--
20 (2) For the purpose of implementing the provisions of
21 this section, the Legislature shall prescribe minimum academic
22 performance standards and minimum classroom expenditure
23 requirements for districts not meeting such minimum academic
24 performance standards in the General Appropriations Act.
25 (a) Minimum academic performance standards may be
26 based on, but are not limited to, district performance grades
27 determined pursuant to s. 1008.34(7) s. 1008.34(8).
28 Section 40. Paragraph (b) of subsection (2) of section
29 1011.685, Florida Statutes, is amended to read:
30 1011.685 Class size reduction; operating categorical
31 fund.--
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1 (2) Class size reduction operating categorical funds
2 shall be used by school districts for the following:
3 (b) For any lawful operating expenditure, if the
4 district has met the constitutional maximums identified in s.
5 1003.03(1) or the reduction of two students per year required
6 by s. 1003.03(2); however, priority shall be given to increase
7 salaries of classroom teachers as defined in s. 1012.01(2)(a)
8 and to implement the differentiated-pay provisions detailed in
9 s. 1012.2312 salary career ladder defined in s. 1012.231.
10 Section 41. Subsection (1) of section 1011.71, Florida
11 Statutes, is amended to read:
12 1011.71 District school tax.--
13 (1) If the district school tax is not provided in the
14 General Appropriations Act or the substantive bill
15 implementing the General Appropriations Act, each district
16 school board desiring to participate in the state allocation
17 of funds for current operation as prescribed by s. 1011.62(10)
18 s. 1011.62(9) shall levy on the taxable value for school
19 purposes of the district, exclusive of millage voted under the
20 provisions of s. 9(b) or s. 12, Art. VII of the State
21 Constitution, a millage rate not to exceed the amount
22 certified by the commissioner as the minimum millage rate
23 necessary to provide the district required local effort for
24 the current year, pursuant to s. 1011.62(4)(a)1. In addition
25 to the required local effort millage levy, each district
26 school board may levy a nonvoted current operating
27 discretionary millage. The Legislature shall prescribe
28 annually in the appropriations act the maximum amount of
29 millage a district may levy. The millage rate prescribed shall
30 exceed zero mills but shall not exceed the lesser of 1.6 mills
31 or 25 percent of the millage which is required pursuant to s.
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1 1011.62(4), exclusive of millage levied pursuant to subsection
2 (2).
3 Section 42. Subsection (6) is added to section
4 1012.21, Florida Statutes, to read:
5 1012.21 Department of Education duties; K-12
6 personnel.--
7 (6) REPORTING.--The Department of Education shall
8 annually post online links to each school district's
9 collective bargaining contracts and the salary and benefits of
10 the personnel or officers of any educator association which
11 were paid by the school district pursuant to s. 1012.22. The
12 department shall prescribe the computer format for district
13 school boards to use in providing the information.
14 Section 43. Paragraphs (c), (h), and (i) of subsection
15 (1) of section 1012.22, Florida Statutes, are amended, and
16 subsection (3) is added to that section, to read:
17 1012.22 Public school personnel; powers and duties of
18 the district school board.--The district school board shall:
19 (1) Designate positions to be filled, prescribe
20 qualifications for those positions, and provide for the
21 appointment, compensation, promotion, suspension, and
22 dismissal of employees as follows, subject to the requirements
23 of this chapter:
24 (c) Compensation and salary schedules.--
25 1. The district school board shall adopt a salary
26 schedule or salary schedules designed to furnish incentives
27 for improvement in training and for continued efficient
28 service to be used as a basis for paying all school employees
29 and fix and authorize the compensation of school employees on
30 the basis thereof.
31
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1 2. A district school board, in determining the salary
2 schedule for instructional personnel, must base a portion of
3 each employee's compensation on performance demonstrated under
4 s. 1012.34, must consider the prior teaching experience of a
5 person who has been designated state teacher of the year by
6 any state in the United States, and must consider prior
7 professional experience in the field of education gained in
8 positions in addition to district level instructional and
9 administrative positions.
10 3. In developing the salary schedule, the district
11 school board shall seek input from parents, teachers, and
12 representatives of the business community.
13 4. Beginning with the 2002-2003 fiscal year, each
14 district school board must adopt a performance-pay policy for
15 school administrators and instructional personnel. The
16 district's performance-pay policy is subject to negotiation as
17 provided in chapter 447; however, the adopted salary schedule
18 must allow school administrators and instructional personnel
19 who demonstrate outstanding performance, as measured under s.
20 1012.34, to earn a 5-percent supplement in addition to their
21 individual, negotiated salary. The supplements shall be funded
22 from the performance-pay reserve funds adopted in the salary
23 schedule. Beginning with the 2004-2005 academic year, the
24 district's 5-percent performance-pay policy must provide for
25 the evaluation of classroom teachers within each level of the
26 salary career ladder provided in s. 1012.231. The Commissioner
27 of Education shall determine whether the district school
28 board's adopted salary schedule complies with the requirement
29 for performance-based pay. If the district school board fails
30 to comply with this section, the commissioner shall withhold
31
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1 disbursements from the Educational Enhancement Trust Fund to
2 the district until compliance is verified.
3 (h) Planning and training time for teachers.--The
4 district school board shall may adopt rules to make provisions
5 for teachers to have time for lunch, professional and some
6 planning, and professional development training time when they
7 will not be directly responsible for the children if, provided
8 that some adult supervision is shall be furnished for the
9 students during such periods.
10 (i) Comprehensive program of staff development.--The
11 district school board shall establish a comprehensive program
12 of staff development and incorporate secondary school redesign
13 plans pursuant to s. 1003.415 and principal leadership
14 training pursuant to s. 1012.985 as a part of the plan.
15 (3) Annually provide to the Department of Education
16 the negotiated collective bargaining contract for the school
17 district and the salary and benefits for the personnel or
18 officers of any educator association which are paid by the
19 school district. The district school board shall report using
20 the computer format prescribed by the department pursuant to
21 s. 1012.21.
22 Section 44. Section 1012.2312, Florida Statutes, is
23 created to read:
24 1012.2312 Differentiated pay for instructional
25 personnel.--
26 (1) Beginning with the 2006-2007 fiscal year, each
27 district school board shall have a differentiated-pay policy
28 for instructional personnel and incorporate it into the school
29 district's salary schedule.
30 (2) The differentiated-pay policy may be subject to
31 negotiation as provided in chapter 447; however, the adopted
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1 salary schedule must allow instructional personnel to receive
2 differentiated pay based upon factors determined by the school
3 district, including, but not limited to, each of the
4 following:
5 (a) The subject areas taught, with classroom teachers
6 who teach in critical shortage areas receiving higher pay.
7 (b) The economic demographics of the school, with
8 instructional personnel in schools that have a majority of
9 students who qualify for free or reduced-price lunches
10 receiving higher pay.
11 (c) Additional responsibilities of instructional
12 personnel, including, but not limited to, lead and mentoring
13 responsibilities.
14 (d) A performance-pay policy that rewards
15 high-performing instructional personnel with at least a
16 5-percent performance-pay incentive.
17
18 The differentiated pay provided in the salary schedule for
19 each of the factors specified in paragraphs (a)-(d) shall
20 provide an incentive and not be nominal.
21 (3) The Commissioner of Education shall determine
22 whether the district school board's adopted salary schedule
23 complies with the requirements in subsection (2). If the
24 salary schedule does not comply, the commissioner shall
25 recommend to the State Board of Education and the state board
26 may withhold disbursements from the Educational Enhancement
27 Trust Fund to the school district until the district's salary
28 schedule is in compliance.
29 Section 45. Section 1012.2313, Florida Statutes, is
30 created to read:
31
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1 1012.2313 Differentiated pay for school
2 administrators.--
3 (1) Beginning with the 2006-2007 fiscal year, each
4 district school board shall have a differentiated-pay policy
5 for school administrators and incorporate it into the school
6 district's salary schedule.
7 (2) The adopted salary schedule must allow school
8 administrators to receive differentiated pay based upon
9 factors determined by the school district, including, but not
10 limited to, each of the following:
11 (a) The economic demographics of the school, with
12 school administrators in schools that have a majority of
13 students who qualify for free or reduced-price lunches
14 receiving higher pay.
15 (b) A performance-pay policy that rewards
16 high-performing school administrators with at least a
17 5-percent performance-pay incentive.
18
19 The differentiated pay provided in the salary schedule for
20 each of the factors specified in paragraphs (a) and (b) shall
21 provide an incentive and not be nominal.
22 (3) The Commissioner of Education shall determine
23 whether the district school board's adopted salary schedule
24 complies with the requirements in subsection (2). If the
25 salary schedule does not comply, the commissioner shall
26 recommend to the State Board of Education and the state board
27 may withhold disbursements from the Educational Enhancement
28 Trust Fund to the school district until the district's salary
29 schedule is in compliance.
30 Section 46. Section 1012.2315, Florida Statutes, is
31 created to read:
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1 1012.2315 Assignment of teachers.--
2 (1) LEGISLATIVE FINDINGS AND INTENT.--The Legislature
3 finds disparities between teachers assigned to teach in a
4 majority of "A" graded schools and teachers assigned to teach
5 in a majority of "F" graded schools. The disparities can be
6 found in the average years of experience, the median salary,
7 and the performance of the teachers on teacher certification
8 examinations. It is the intent of the Legislature that
9 district school boards have flexibility through the collective
10 bargaining process to assign teachers more equitably across
11 the schools in the district.
12 (2) ASSIGNMENT TO SCHOOLS GRADED "D" OR "F."--School
13 districts may not assign a higher percentage than the school
14 district average of first-time teachers, temporarily certified
15 teachers, teachers in need of improvement, or out-of-field
16 teachers to schools with above the school district average of
17 minority and economically disadvantaged students or schools
18 that are graded "D" or "F." Each school district shall
19 annually certify to the Commissioner of Education that this
20 requirement has been met. If the commissioner determines that
21 a school district is not in compliance with this subsection,
22 the State Board of Education shall be notified and shall take
23 action pursuant to s. 1008.32 in the next regularly scheduled
24 meeting to require compliance.
25 (3) SALARY INCENTIVES.--District school boards are
26 authorized to provide salary incentives to meet the
27 requirement of subsection (2). A district school board may not
28 sign a collective bargaining agreement that precludes the
29 school district from providing sufficient incentives to meet
30 this requirement.
31
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1 (4) COLLECTIVE BARGAINING.--Notwithstanding provisions
2 of chapter 447 relating to district school board collective
3 bargaining, collective bargaining provisions may not preclude
4 a school district from providing incentives to high-quality
5 teachers and assigning such teachers to low-performing
6 schools.
7 Section 47. Subsection (2) of section 1012.27, Florida
8 Statutes, is amended to read:
9 1012.27 Public school personnel; powers and duties of
10 district school superintendent.--The district school
11 superintendent is responsible for directing the work of the
12 personnel, subject to the requirements of this chapter, and in
13 addition the district school superintendent shall perform the
14 following:
15 (2) COMPENSATION AND SALARY SCHEDULES.--Prepare and
16 recommend to the district school board for adoption a salary
17 schedule or salary schedules. The district school
18 superintendent must recommend a salary schedule for
19 instructional personnel which bases a portion of each
20 employee's compensation on performance demonstrated under s.
21 1012.34. In developing the recommended salary schedule, the
22 district school superintendent shall include input from
23 parents, teachers, and representatives of the business
24 community. Beginning with the 2006-2007 2004-2005 academic
25 year, the recommended salary schedule for classroom teachers
26 shall be consistent with the district's differentiated-pay
27 policy career ladder based upon s. 1012.2312 s. 1012.231.
28 Section 48. Subsection (6) of section 1012.28, Florida
29 Statutes, is amended to read:
30 1012.28 Public school personnel; duties of school
31 principals.--
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1 (6) A school principal who fails to comply with this
2 section shall be ineligible for any portion of the performance
3 pay policy incentive under s. 1012.2313(2)(b) s.
4 1012.22(1)(c).
5 Section 49. Paragraph (a) of subsection (3) of section
6 1012.34, Florida Statutes, is amended to read:
7 1012.34 Assessment procedures and criteria.--
8 (3) The assessment procedure for instructional
9 personnel and school administrators must be primarily based on
10 the performance of students assigned to their classrooms or
11 schools, as appropriate. Pursuant to this section, a school
12 district's performance assessment is not limited to basing
13 unsatisfactory performance of instructional personnel and
14 school administrators upon student performance, but may
15 include other criteria approved to assess instructional
16 personnel and school administrators' performance, or any
17 combination of student performance and other approved
18 criteria. The procedures must comply with, but are not limited
19 to, the following requirements:
20 (a) An assessment must be conducted for each employee
21 at least once a year. The assessment must be based upon sound
22 educational principles and contemporary research in effective
23 educational practices. The assessment must primarily use data
24 and indicators of improvement in student performance assessed
25 annually as specified in s. 1008.22 and may consider results
26 of peer reviews in evaluating the employee's performance.
27 Student performance must be measured by state assessments
28 required under s. 1008.22 and by local assessments for
29 subjects and grade levels not measured by the state assessment
30 program. The assessment criteria must include, but are not
31 limited to, indicators that relate to the following:
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1 1. Performance of students.
2 2. Ability to maintain appropriate discipline.
3 3. Knowledge of subject matter. The district school
4 board shall make special provisions for evaluating teachers
5 who are assigned to teach out-of-field.
6 4. Ability to plan and deliver instruction, including
7 implementation of the rigorous reading requirement pursuant to
8 s. 1003.415, when applicable, and the use of technology in the
9 classroom.
10 5. Ability to evaluate instructional needs.
11 6. Ability to establish and maintain a positive
12 collaborative relationship with students' families to increase
13 student achievement.
14 7. Other professional competencies, responsibilities,
15 and requirements as established by rules of the State Board of
16 Education and policies of the district school board.
17 Section 50. Subsection (4) of section 1012.56, Florida
18 Statutes, is amended to read:
19 1012.56 Educator certification requirements.--
20 (4) MASTERY OF SUBJECT AREA KNOWLEDGE.--Acceptable
21 means of demonstrating mastery of subject area knowledge are:
22 (a) Achievement of passing scores on subject area
23 examinations required by state board rule;
24 (b) Completion of the subject area specialization
25 requirements specified in state board rule and verification of
26 the attainment of the essential subject matter competencies by
27 the district school superintendent of the employing school
28 district or chief administrative officer of the employing
29 state-supported or private school for a subject area for which
30 a subject area examination has not been developed and required
31 by state board rule;
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1 (c) Completion of the subject area specialization
2 requirements specified in state board rule for a subject
3 coverage requiring a master's or higher degree and achievement
4 of a passing score on the subject area examination specified
5 in state board rule;
6 (d) A valid professional standard teaching certificate
7 issued by another state; or
8 (e) A valid certificate issued by the National Board
9 for Professional Teaching Standards or a national educator
10 credentialing board approved by the State Board of Education.
11
12 School districts are encouraged to provide mechanisms for
13 those middle school teachers holding only a K-5 teaching
14 certificate to obtain a subject area coverage for middle
15 grades through postsecondary coursework or district add-on
16 certification.
17 Section 51. Section 1012.98, Florida Statutes, is
18 amended to read:
19 1012.98 School Community Professional Development
20 Act.--
21 (1) The Department of Education, public postsecondary
22 educational institutions, public school districts, state
23 education foundations, consortia, and professional
24 organizations and public schools in this state shall
25 collaborate to establish a coordinated system of professional
26 development. The purpose of the professional development
27 system is to increase student achievement, enhance classroom
28 instructional strategies that promote rigor and relevance
29 throughout the curriculum, and prepare students for continuing
30 education and the workforce. The system of professional
31 development must align to the standards adopted by the state
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1 and support the framework for standards adopted by the
2 National Council for Staff Development enable the school
3 community to meet state and local student achievement
4 standards and the state education goals and to succeed in
5 school improvement as described in s. 1000.03.
6 (2) The school community includes students and
7 parents, administrative personnel, managers, instructional
8 personnel, support personnel, members of district school
9 boards, members of school advisory councils, business
10 partners, and personnel that provide health and social
11 services to students.
12 (3) The activities designed to implement this section
13 must:
14 (a) Support and increase the success of educators
15 through collaboratively developed plans for secondary school
16 redesign which are focused on:
17 1. Enhanced instructional strategies to engage
18 students in rigorous and relevant curriculum that is based on
19 in guiding student learning and development so as to implement
20 state and local educational standards, goals, and
21 initiatives;.
22 2. Increased opportunities to provide meaningful
23 relationships between teachers and all students; and
24 3. Increased opportunities for professional
25 collaboration among and between teachers, guidance counselors,
26 instructional leaders, postsecondary educators, and the
27 workforce community.
28 (b) Assist the school community in providing
29 stimulating, scientific scientifically research-based
30 educational activities that encourage and motivate students to
31 achieve at the highest levels and to participate as become
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1 active learners and that prepare students for success at
2 subsequent educational levels and the workforce.
3 (c) Provide continuous support for all education
4 professionals as well as temporary intervention for education
5 professionals who need improvement in knowledge, skills, and
6 performance.
7 (4) The Department of Education, school districts,
8 schools, community colleges, and state universities share the
9 responsibilities described in this section. These
10 responsibilities include the following:
11 (a) The department shall develop and disseminate to
12 the school community model professional development methods
13 and programs that have demonstrated success in meeting
14 identified student needs. The Commissioner of Education shall
15 use data on student achievement to identify student needs. The
16 methods of dissemination must include a statewide performance
17 support system, a database of exemplary professional
18 development activities, a listing of available professional
19 development resources, training programs, and available
20 assistance.
21 (b) Each school district shall develop a professional
22 development system as specified in subsection (3). The system
23 shall be developed in consultation with teachers, and
24 representatives of community colleges college and state
25 universities university faculty, business and community
26 representatives agencies, and local education foundations,
27 consortia, and professional organizations other interested
28 citizen groups to establish policy and procedures to guide the
29 operation of the district professional development program.
30 The professional development system must:
31
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1 1. Be approved by the department. All substantial
2 revisions to the system shall be submitted to the department
3 for review for continued approval.
4 1.2. Be based on an analysis Require the use of
5 student achievement data and instructional strategies and
6 methods that support rigorous, relevant, and challenging
7 curricula for all students. Schools and districts, in
8 developing and refining the professional development system,
9 shall also review and monitor; school discipline data; school
10 environment surveys; assessments of parental satisfaction;
11 performance appraisal data of teachers, managers, and
12 administrative personnel; and other performance indicators to
13 identify school and student needs that can be met by improved
14 professional performance.
15 2.3. Provide inservice activities coupled with
16 followup support that are appropriate to accomplish
17 district-level and school-level improvement goals and
18 standards. The inservice activities for instructional
19 personnel shall primarily focus on analysis of student
20 achievement data, ongoing assessment of student achievement,
21 identification and use of enhanced instructional strategies
22 that emphasize rigor and relevance, enhancement of subject
23 content expertise, strategies for reading in content areas,
24 integrated use of technology and teaching methods, including
25 technology, as related to the Sunshine State Standards,
26 assessment and data analysis, classroom management, parent
27 involvement, and school safety.
28 3.4. Include a master plan for inservice activities,
29 pursuant to rules of the State Board of Education, for all
30 district employees from all fund sources. The master plan
31 shall be updated annually by September 1, must be based on
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1 input from teachers and district and school instructional
2 leaders, and must use the latest student achievement data and
3 research related to instructional strategies that enhance
4 rigor and relevance in the classroom. Each district inservice
5 plan must be aligned to and support the school-based inservice
6 plans, school improvement plans, and secondary redesign plans
7 pursuant to s. 1003.415. District plans using criteria for
8 continued approval as specified by rules of the State Board of
9 Education. Written verification that the inservice plan meets
10 all requirements of this section must be submitted annually to
11 the commissioner by October 1 in order to ensure compliance
12 with subsection (1) and to allow for dissemination of best
13 practices by the department.
14 4.5. Require each school principal to establish and
15 maintain an individual professional development plan for each
16 instructional employee assigned to the school, based on and
17 integral to the school improvement plan developed pursuant to
18 1001.42(16)(a) and the secondary redesign plan developed
19 pursuant to s. 1003.415(4). The individual professional
20 development plan must:
21 a. Be related to specific performance data for the
22 students to whom the teacher is assigned.
23 b. Define the inservice objectives and specific
24 measurable improvements expected in student performance as a
25 result of the inservice activity.
26 c. Include an evaluation component that determines the
27 effectiveness of the professional development plan.
28 5.6. Include inservice activities for school
29 administrative personnel which that address updated skills
30 necessary for effective school management and instructional
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1 leadership and effective school management pursuant to s.
2 1012.985.
3 6.7. Provide for systematic consultation with regional
4 and state personnel designated to provide technical assistance
5 and evaluation of local professional development programs.
6 7.8. Provide for delivery of professional development
7 by distance learning and other technology-based delivery
8 systems to reach more educators at lower costs.
9 8.9. Provide for the continuous evaluation of the
10 quality and effectiveness of professional development programs
11 in order to eliminate ineffective programs and strategies and
12 to expand effective ones. Evaluations must consider the impact
13 of such activities on the performance of participating
14 educators and their students' achievement and behavior.
15 (c) Each community college and state university shall
16 assist the department, school districts, and schools in the
17 design, delivery, and evaluation of professional development
18 activities. This assistance must include active participation
19 in state and local activities required by the professional
20 development system.
21 (c)(d) The Department of Education shall approve a
22 public state university having an approved physical education
23 teacher preparation program within its college of education to
24 develop and implement an Internet-based clearinghouse for
25 physical education professional development programs that may
26 be accessed and used by all instructional personnel. The
27 development of these programs shall be financed primarily by
28 private funds and shall be available for use no later than
29 August 1, 2005.
30 (5) Each district school board shall provide funding
31 for the professional development system as required by s.
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1 1011.62 and the General Appropriations Act, and shall direct
2 expenditures from other funding sources to continuously
3 strengthen the system in order to increase student achievement
4 and support instructional staff in enhancing rigor and
5 relevance in the classroom and make it uniform and coherent. A
6 school district may coordinate its professional development
7 program with that of another district, with an educational
8 consortium, or with a community college or university,
9 especially in preparing and educating personnel. Each district
10 school board shall make available inservice activities to
11 instructional personnel of nonpublic schools in the district
12 and the state certified teachers who are not employed by the
13 district school board on a fee basis not to exceed the cost of
14 the activity per all participants.
15 (6) An organization of private schools which has no
16 fewer than 10 member schools in this state, which publishes
17 and files with the Department of Education copies of its
18 standards, and the member schools of which comply with the
19 provisions of part II of chapter 1003, relating to compulsory
20 school attendance, may also develop a professional development
21 system that includes a master plan for inservice activities.
22 The system and inservice plan must be submitted to the
23 commissioner for approval pursuant to rules of the State Board
24 of Education.
25 (6)(7) The Department of Education shall disseminate
26 best-practice design methods by which the state and district
27 school boards may evaluate and improve the professional
28 development system. The best practices evaluation must include
29 an annual assessment of data that indicate the progress or
30 lack of progress of all students. If the review of the data
31 indicates progress, the department shall identify the best
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1 practices that contributed to the progress. If the review of
2 the data indicates a lack of progress, the department shall
3 investigate the causes of the lack of progress, provide
4 technical assistance, and require the school district to
5 employ a different approach to professional development. The
6 department shall report annually to the State Board of
7 Education and the Legislature any school district that, in the
8 determination of the department, has failed to provide an
9 adequate professional development system. This report must
10 include the results of the department's investigation and of
11 any intervention provided.
12 (7)(8) The State Board of Education may adopt rules
13 pursuant to ss. 120.536(1) and 120.54 to administer this
14 section.
15 (8)(9) This section does not limit or discourage a
16 district school board from contracting with independent
17 entities for professional development services and inservice
18 education if the district school board can demonstrate to the
19 Commissioner of Education that, through such a contract, a
20 better product can be acquired or its goals for education
21 improvement can be better met.
22 (9)(10) For teachers, managers, and administrative
23 personnel who have been evaluated as less than satisfactory, a
24 district school board shall require participation in specific
25 professional development programs as part of the improvement
26 prescription.
27 (b) The department shall disseminate to the school
28 community proven model professional development programs that
29 have demonstrated success in increasing rigorous and relevant
30 content, increasing student achievement and engagement, and
31 meeting identified student needs. The methods of dissemination
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1 must include a statewide performance-support system, a
2 database of exemplary professional development activities, a
3 listing of available professional development resources,
4 training programs, and available technical assistance.
5 Section 52. Section 1012.985, Florida Statutes, is
6 amended to read:
7 (Substantial rewording of section. See
8 s. 1012.985, F.S., for present text.)
9 1012.985 Statewide system for professional development
10 of school leaders.--The intent of this section is to establish
11 a statewide system of professional development which provides
12 high standards and sustained support for principals as
13 instructional leaders. The system shall consist of a
14 collaborative network of professional leadership
15 organizations. The network shall be established to support the
16 human-resource-development needs of principals, principal
17 leadership teams, and candidates for principal leadership
18 positions using the framework of leadership standards adopted
19 by the Southern Regional Education Board, the National Council
20 of Staff Development, and the State Board of Education. Funds
21 appropriated for the leadership network for principals shall
22 be allocated annually in the General Appropriations Act,
23 contingent upon a commitment of financial support or
24 human-resource support from the Florida Association of
25 District School Superintendents, the Florida Association of
26 School Administrators, the Southern Regional Education Board,
27 the Department of Education, the Florida Regional Education
28 Consortia, and education leadership faculty from Florida's
29 community colleges and universities. The goal of the network
30 and the principal leadership training is to:
31
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1 (1) Provide resources to support and enhance the
2 principal's role as the instructional leader.
3 (2) Maintain a clearinghouse and disseminate
4 data-supported information related to enhanced student
5 achievement, based on educational research and best practices.
6 (3) Build the capacity to increase the quality of
7 programs for preservice and inservice professional development
8 for principals and principal leadership teams.
9 (4) Develop, enhance, and sustain collaboration to
10 ensure support of ongoing professional development for
11 teachers and preservice training for aspiring teachers.
12 Section 53. Section 1012.987, Florida Statutes, is
13 repealed.
14 Section 54. This act shall take effect upon becoming a
15 law.
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2 SENATE SUMMARY
3 Revises various provisions governing the state's K-20
education system. Requires that the State Board of
4 Education facilitate a review of the Sunshine State
Standards. Requires each school principal to implement a
5 school redesign plan. Renames the Middle Grades Reform
Act as the "Florida Secondary Schools Redesign Act."
6 Requires that school boards adopt policies for individual
school redesign plans. Provides requirements for the
7 middle school redesign plans and high school redesign
plans. Requires that each middle school develop a
8 personalized academic and career plan for each student.
Requires that the academic and career plan be
9 incorporated into the individual student plan. Requires
the Department of Education to provide model personalized
10 academic and career plans. Requires public schools and
charter schools to provide an academic improvement plan
11 for students who score below a specified level on the
FCAT. Requires that the State Board of Education conduct
12 concordance studies to determine FCAT equivalencies for
high school graduation. Revises requirements for
13 determining school grades. Requires annual school report
cards. Provides FTE funding for juveniles in alternative
14 education programs. Requires that collective bargaining
contracts for school district personnel be posted online.
15 Requires a differentiated-pay policy for instructional
personnel. Requires district school boards to adopt rules
16 governing professional planning and professional
development. Requires that secondary school redesign
17 plans and principal leadership training be incorporated
into the comprehensive program of staff development.
18 Provides requirements for the individual professional
development plan for instructional employees. Requires
19 the Department of Education to disseminate best-practice
methods and model professional development programs. (See
20 bill for details.)
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