Senate Bill sb2048c1

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    Florida Senate - 2006                           CS for SB 2048

    By the Committee on Education





    581-2180-06

  1                      A bill to be entitled

  2         An act relating to education; providing

  3         guidelines for implementing the E-COMP plan or

  4         a comparable performance pay plan, policy, or

  5         rule adopted by the State Board of Education

  6         after a specified date; providing for the

  7         implementation of the Ready to Work Initiative;

  8         amending s. 11.90, F.S.; requiring that the

  9         Legislative Budget Commission review proposed

10         federal education plans; amending s. 20.15,

11         F.S.; establishing the Division of

12         Accountability, Research, and Measurement in

13         the Department of Education; repealing s.

14         446.609, F.S., relating to the "Jobs for

15         Florida's Graduates Act"; amending s. 1000.03,

16         F.S.; specifying that the mission of the

17         state's K-20 education system is to provide

18         rigorous and relevant learning opportunities

19         for students; repealing s. 1000.041, F.S., to

20         conform provisions relating to the 2005 repeal

21         of the BEST Florida Teaching salary career

22         ladder program; amending s. 1001.02, F.S.;

23         requiring legislative approval of a revised

24         state plan to implement certain federal

25         requirements; amending s. 1001.03, F.S.;

26         requiring the State Board of Education to

27         facilitate the review of the Sunshine State

28         Standards and provide a report to the Governor

29         and Legislature; requiring the maintenance of a

30         uniform school district personnel

31         classification system; amending s. 1001.10,

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    Florida Senate - 2006                           CS for SB 2048
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 1         F.S.; requiring legislative approval of a

 2         revised state plan to implement certain federal

 3         requirements; creating s. 1001.215, F.S.;

 4         creating the Just Read, Florida! Office in the

 5         Department of Education; providing duties;

 6         amending s. 1001.33, F.S.; conforming

 7         provisions relating to the 2005 repeal of the

 8         BEST Florida Teaching salary career ladder

 9         program; amending s. 1001.41, F.S.; requiring

10         district school boards to adopt standards and

11         policies to provide to each student a complete

12         education program; amending s. 1001.42, F.S.,

13         relating to requirements of district plans for

14         school improvement; providing requirements for

15         district school boards in developing the plans;

16         repealing s. 1001.51(24), F.S., and amending s.

17         1001.54, F.S.; conforming provisions relating

18         to the 2005 repeal of the BEST Florida Teaching

19         salary career ladder program; requiring each

20         secondary school principal to implement a

21         school redesign component; amending s. 1003.01,

22         F.S.; revising the definition of the terms

23         "special education services" and "career

24         education"; amending s. 1003.05, F.S.; deleting

25         the requirement that certain children receive

26         preference for admission to special academic

27         programs; revising programs defined as "special

28         academic programs" for purposes of such

29         preference; amending s. 1003.21, F.S.;

30         requiring student exit interviews prior to

31         terminating school enrollment; amending s.

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    Florida Senate - 2006                           CS for SB 2048
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 1         1003.415, F.S.; renaming the Middle Grades

 2         Reform Act as the "Florida Secondary Schools

 3         Redesign Act"; providing legislative purpose

 4         and intent; requiring that school boards adopt

 5         policies for the secondary school redesign

 6         component; providing requirements for the

 7         middle school plans and high school plans;

 8         requiring each middle school to develop a

 9         personalized academic and career plan for each

10         student; requiring that the plan be refined

11         each year; providing requirements for

12         remediation; requiring that the Department of

13         Education provide model personalized academic

14         and career plans; requiring public schools and

15         charter schools to provide a progress

16         monitoring plan for students who score below a

17         specified level on the FCAT; creating s.

18         1003.4156, F.S.; specifying general

19         requirements for middle school promotion;

20         requiring an intensive reading course under

21         certain circumstances; requiring school

22         district policies for implementation and

23         authorizing alternative methods for

24         progression; amending s. 1003.42, F.S.,

25         relating to required instruction; revising the

26         requirements for studying U.S. history and free

27         enterprise; creating s. 1003.428, F.S.;

28         providing revised requirements for high school

29         graduation; specifying the required courses;

30         requiring that certain courses be based on the

31         student's performance on the FCAT; requiring

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    Florida Senate - 2006                           CS for SB 2048
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 1         that district school boards establish policies

 2         for implementing secondary school reform;

 3         requiring the Department of Education to

 4         increase the number of courses that are

 5         available to school districts; providing for

 6         the State Board of Education to adopt rules;

 7         amending s. 1003.429, F.S.; revising

 8         requirements applicable to selecting an option

 9         for accelerated high school graduation;

10         revising required courses for the 3-year

11         standard college preparatory program; deleting

12         provisions authorizing a student to select a

13         3-year standard career preparatory program;

14         revising requirements for grades that must be

15         earned to participate in the accelerated

16         program; providing for default to the standard

17         graduation requirements in certain

18         circumstances; amending s. 1003.437, F.S.;

19         including middle grades in the uniform grading

20         system; amending s. 1003.491, F.S.; including

21         within career education personal and career

22         plans; creating s. 1003.493, F.S.; defining the

23         term "career and professional academy";

24         providing academy goals and duties; providing

25         types of career and professional academies;

26         providing for the approval of career education

27         courses as core curricula courses under certain

28         circumstances; creating s. 1003.494, F.S.;

29         requiring the Department of Education to

30         establish a Career High-Skill Occupational

31         Initiative for Career Education (CHOICE)

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    Florida Senate - 2006                           CS for SB 2048
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 1         project as a competitive process for the

 2         designation of school district participants and

 3         CHOICE academies; providing eligibility

 4         criteria for such designation; providing duties

 5         of school districts and the department;

 6         providing for the award to certain school

 7         districts of startup funds for the development

 8         of CHOICE academies; creating s. 1003.495,

 9         F.S.; requiring the department to establish a

10         comprehensive career academy project to provide

11         for the designation of comprehensive career

12         academies; providing duties of the department;

13         providing for assessment of academies; amending

14         s. 1003.43, F.S.; requiring district school

15         board student progression plans to provide for

16         the substitution of certain courses for credit

17         requirements for high school graduation;

18         amending ss. 288.9015 and 445.004, F.S.;

19         providing duties of Enterprise Florida, Inc.,

20         and Workforce Florida, Inc., to conform;

21         amending s. 1003.57, F.S.; providing guidelines

22         for determining the residency of a student who

23         receives instruction as an exceptional student

24         with a disability; requiring the student's

25         placing authority or parent to pay the cost of

26         such instruction, facilities, and services;

27         providing responsibilities of the Department of

28         Education; providing responsibilities of

29         residential facilities that educate exceptional

30         students with disabilities; providing

31         applicability; creating s. 1003.576, F.S.;

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    Florida Senate - 2006                           CS for SB 2048
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 1         requiring the Department of Education to

 2         develop an individual education plan form for

 3         use in developing and implementing individual

 4         education plans for exceptional students;

 5         requiring school districts to use the form;

 6         amending s. 1003.58, F.S.; correcting a

 7         cross-reference; amending s. 1003.62, F.S.;

 8         conforming provisions relating to the

 9         designation of school grades and

10         differentiated-pay polices; creating s.

11         1004.64, F.S.; establishing the Florida Center

12         for Reading Research; specifying the duties of

13         the center; amending s. 1006.09, F.S.;

14         conforming a cross-reference; amending s.

15         1007.21, F.S.; revising the readiness

16         requirements for postsecondary education and

17         the workplace; amending s. 1007.2615, F.S.;

18         revising the date by which a teacher of

19         American Sign Language must be certified;

20         deleting a provision allowing alternative

21         certification; amending s. 1007.271, F.S.;

22         revising the weighting systems for certain high

23         school courses; amending s. 1008.22, F.S.;

24         specifying FCAT grade level and subject area

25         testing requirements; requiring documentation

26         of procedures that ensure test difficulty under

27         certain circumstances; requiring the State

28         Board of Education to conduct concordance

29         studies to determine FCAT equivalencies for

30         high school graduation; deleting a limitation

31         on and specifying requirements for the use of

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    Florida Senate - 2006                           CS for SB 2048
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 1         alternative assessments to the grade 10 FCAT;

 2         requiring an annual report on student

 3         performance; amending s. 1008.25, F.S.;

 4         revising requirements for assessment and

 5         remediation; requiring that students be

 6         provided with strategies for intervention and

 7         instruction; repealing s. 1008.301, F.S.,

 8         relating to a concordance study of FCAT

 9         equivalencies for high school graduation;

10         amending s. 1008.31, F.S.; revising goals and

11         measures of the K-20 performance accountability

12         system and requiring data quality improvements;

13         providing for development of reporting or data

14         collection requirements; amending s. 1008.33,

15         F.S.; conforming a cross-reference and

16         provisions relating to the designation of

17         school grades; amending s. 1008.34, F.S.;

18         revising terminology and provisions relating to

19         designation and determination of school grades;

20         providing for the designation of school grades

21         for feeder pattern schools under certain

22         circumstances; requiring that a school

23         performance grade category designation include

24         achievement scores and, by a specified

25         deadline, include learning gains for students

26         seeking a special diploma; specifying use of

27         assessment data with respect to alternative

28         schools; defining the term "home school";

29         requiring an annual school report card to be

30         published by the department and distributed by

31         school districts; creating s. 1008.341, F.S.;

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    Florida Senate - 2006                           CS for SB 2048
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 1         requiring improvement ratings for certain

 2         alternative schools; providing the basis for

 3         such ratings and requiring annual performance

 4         reports; providing for determination of school

 5         improvement ratings, identification of learning

 6         gains, and eligibility for school recognition

 7         awards; requiring the development and

 8         distribution of an annual school report card;

 9         amending s. 1008.345, F.S.; conforming

10         cross-references and provisions relating to the

11         designation of school grades; amending s.

12         1011.62, F.S.; providing FTE funding for

13         juveniles enrolled in specified education

14         programs; providing funding for supplemental

15         educational programs; providing funding for

16         supplemental educational services for certain

17         students; conforming cross-references and

18         provisions relating to the designation of

19         school grades; establishing a research-based

20         reading instruction allocation to provide funds

21         for a comprehensive reading instruction system;

22         requiring school district plans for use of the

23         allocation and approval thereof; including the

24         allocation in the total amount allocated to

25         each school district for current operation;

26         amending s. 1011.64, F.S.; conforming

27         terminology and a cross-reference; amending s.

28         1011.685, F.S.; conforming provisions relating

29         to the 2005 repeal of the BEST Florida Teaching

30         salary career ladder program and implementation

31         of a differentiated-pay policy; amending s.

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    Florida Senate - 2006                           CS for SB 2048
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 1         1011.71, F.S.; correcting a cross-reference;

 2         amending s. 1012.21, F.S.; requiring the

 3         department to annually post online school

 4         district collective bargaining contracts and

 5         the salary and benefits of certain personnel;

 6         amending s. 1012.22, F.S.; requiring that each

 7         school district adopt a differentiated-pay

 8         policy meeting specified criteria; requiring

 9         each district school board to annually provide

10         to the department its negotiated collective

11         bargaining contract and the salary and benefits

12         of certain personnel; creating s. 1012.2315,

13         F.S.; providing school district requirements

14         for the assignment of teachers and authorizing

15         incentives; providing procedures for

16         noncompliance; providing requirements relating

17         to collective bargaining; requiring reporting

18         by certain schools; amending s. 1012.27, F.S.;

19         conforming provisions relating to the 2005

20         repeal of the BEST Florida Teaching salary

21         career ladder program and implementation of a

22         differentiated-pay policy; amending s. 1012.28,

23         F.S.; conforming a cross-reference; amending s.

24         1012.34, F.S.; conforming provisions relating

25         to deletion of a rigorous reading requirement;

26         amending s. 1012.56, F.S., relating to middle

27         grades certification; encouraging school

28         districts to provide for additional

29         certification for teachers; amending s.

30         1012.98, F.S., relating to the School Community

31         Professional Development Act; revising the

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    Florida Senate - 2006                           CS for SB 2048
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 1         purpose of the professional development system;

 2         providing for additional activities; requiring

 3         instructional strategies and methods that

 4         support rigorous, relevant, and challenging

 5         curriculum; providing requirements for followup

 6         support and the master plan for inservice

 7         activities; providing requirements for the

 8         individual professional development plan for

 9         instructional employees; requiring the

10         department to disseminate best-practice methods

11         and model professional development programs;

12         creating s. 1012.986, F.S.; providing for a

13         statewide system for the professional

14         development of school leaders consisting of a

15         collaborative network of professional

16         organizations; providing goals of the network;

17         repealing s. 1012.987, F.S., which requires the

18         State Board of Education to adopt rules through

19         which school principals may earn a leadership

20         designation; providing an effective date.

21  

22  Be It Enacted by the Legislature of the State of Florida:

23  

24         Section 1.  The effectiveness-compensation plan known

25  as E-COMP or any comparable performance pay plan or policy, or

26  rule implementing such a plan or policy, adopted by the State

27  Board of Education on July 1, 2005, or thereafter may not

28  require school districts to implement such a plan, policy, or

29  rule before the beginning of the 2007-2008 school year.

30  However, a school district, in its sole discretion, may

31  voluntarily implement such a plan, policy, or rule before the

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 1  beginning of the 2007-2008 school year. This section shall

 2  expire June 30, 2008.

 3         Section 2.  (1)  The purpose of this section is to

 4  implement the Ready to Work Initiative. The initiative is to

 5  use assessments to identify specific skills that indicate a

 6  competence level to enter a specific occupation and to provide

 7  targeted instruction in the specific skills in which a student

 8  has not demonstrated mastery. Upon the successful completion

 9  of the assessments and instruction, the student is to be

10  provided a credential to inform prospective employers that he

11  or she has demonstrated the skills required for employment in

12  that occupation. Instruction must be Internet-based and must

13  be designed to address specific skill deficiencies identified

14  in the assessment. Instructors must be able to revise the

15  instruction for additional content or employer-identified

16  needs.

17         (2)  The Ready to Work Initiative shall be conducted in

18  public schools, community colleges, area technical centers,

19  one-stop career centers, vocational rehabilitation centers,

20  and Department of Juvenile Justice programs and may be made

21  available to other entities that provide job training. The

22  Department of Education shall establish institutional

23  readiness criteria for program implementation and shall

24  coordinate with the Agency for Workforce Innovation to

25  implement the initiative, with full implementation in fiscal

26  year 2008-2009.

27         Section 3.  Subsection (8) is added to section 11.90,

28  Florida Statutes, to read:

29         11.90  Legislative Budget Commission.--

30         (8)  The commission shall review the proposed state

31  plans of the State Board of Education and the Commissioner of

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 1  Education which are required under federal law before those

 2  plans are submitted.

 3         Section 4.  Paragraph (f) is added to subsection (3) of

 4  section 20.15, Florida Statutes, to read:

 5         20.15  Department of Education.--There is created a

 6  Department of Education.

 7         (3)  DIVISIONS.--The following divisions of the

 8  Department of Education are established:

 9         (f)  Division of Accountability, Research, and

10  Measurement.

11         Section 5.  Section 446.609, Florida Statutes, is

12  repealed.

13         Section 6.  Subsection (4) of section 1000.03, Florida

14  Statutes, is amended to read:

15         1000.03  Function, mission, and goals of the Florida

16  K-20 education system.--

17         (4)  The mission of Florida's K-20 education system is

18  to allow its students to increase their proficiency by

19  allowing them the opportunity to expand their knowledge and

20  skills through rigorous and relevant adequate learning

21  opportunities, in accordance with the mission statement and

22  accountability requirements of s. 1008.31.

23         Section 7.  Section 1000.041, Florida Statutes, is

24  repealed.

25         Section 8.  Paragraph (g) of subsection (2) of section

26  1001.02, Florida Statutes, is amended to read:

27         1001.02  General powers of State Board of Education.--

28         (2)  The State Board of Education has the following

29  duties:

30         (g)  To approve plans for cooperating with the Federal

31  Government. Upon the 2007 reauthorization of the federal No

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 1  Child Left Behind Act of 2001, the Commissioner of Education

 2  shall seek public input and secure legislative approval,

 3  pursuant to s. 11.90(8), of the revised state plan prior to

 4  submission.

 5         Section 9.  Subsections (1) and (14) of section

 6  1001.03, Florida Statutes, are amended to read:

 7         1001.03  Specific powers of State Board of Education.--

 8         (1)  PUBLIC K-12 STUDENT PERFORMANCE STANDARDS.--The

 9  State Board of Education shall approve the student performance

10  standards known as the Sunshine State Standards in key

11  academic subject areas and grade levels. The state board shall

12  establish a schedule to facilitate the periodic review of the

13  standards to ensure adequate rigor, relevance, logical student

14  progression, and integration of reading, writing, and

15  mathematics across all subject areas. The standards review by

16  subject area must include participation of curriculum leaders

17  in other content areas, including the arts, to ensure valid

18  content area integration and to address the instructional

19  requirements of different learning styles. The process for

20  review and proposed revisions must include leadership and

21  input from the state's classroom teachers, school

22  administrators, and community colleges and universities, and

23  from representatives from business and industry who are

24  identified by local education foundations. A report including

25  proposed revisions must be submitted to the Governor, the

26  President of the Senate, and the Speaker of the House of

27  Representatives annually to coincide with the established

28  review schedule.

29         (14)  UNIFORM CLASSIFICATION SYSTEM FOR SCHOOL DISTRICT

30  ADMINISTRATIVE AND MANAGEMENT PERSONNEL.--The State Board of

31  Education shall maintain recommend to the Legislature by

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 1  February 1, 2003, a uniform classification system for school

 2  district administrative and management personnel that will

 3  facilitate the uniform coding of administrative and management

 4  personnel to total district employees.

 5         Section 10.  Subsection (8) of section 1001.10, Florida

 6  Statutes, is amended to read:

 7         1001.10  Commissioner of Education; general powers and

 8  duties.--The Commissioner of Education is the chief

 9  educational officer of the state, and is responsible for

10  giving full assistance to the State Board of Education in

11  enforcing compliance with the mission and goals of the

12  seamless K-20 education system. To facilitate innovative

13  practices and to allow local selection of educational methods,

14  the State Board of Education may authorize the commissioner to

15  waive, upon the request of a district school board, State

16  Board of Education rules that relate to district school

17  instruction and school operations, except those rules

18  pertaining to civil rights, and student health, safety, and

19  welfare. The Commissioner of Education is not authorized to

20  grant waivers for any provisions in rule pertaining to the

21  allocation and appropriation of state and local funds for

22  public education; the election, compensation, and organization

23  of school board members and superintendents; graduation and

24  state accountability standards; financial reporting

25  requirements; reporting of out-of-field teaching assignments

26  under s. 1012.42; public meetings; public records; or due

27  process hearings governed by chapter 120. No later than

28  January 1 of each year, the commissioner shall report to the

29  Legislature and the State Board of Education all approved

30  waiver requests in the preceding year. Additionally, the

31  commissioner has the following general powers and duties:

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 1         (8)  To develop and implement a plan for cooperating

 2  with the Federal Government in carrying out any or all phases

 3  of the educational program and to recommend policies for

 4  administering funds that are appropriated by Congress and

 5  apportioned to the state for any or all educational purposes.

 6  Upon the 2007 reauthorization of the federal No Child Left

 7  Behind Act of 2001, the Commissioner of Education shall seek

 8  public input and secure legislative approval, pursuant to s.

 9  11.90(8), of the revised state plan prior to submission.

10  

11  The commissioner's office shall operate all statewide

12  functions necessary to support the State Board of Education

13  and the K-20 education system, including strategic planning

14  and budget development, general administration, and assessment

15  and accountability.

16         Section 11.  Section 1001.215, Florida Statutes, is

17  created to read:

18         1001.215  Just Read, Florida! Office.--There is created

19  in the Department of Education the Just Read, Florida! office.

20  The office shall be fully accountable to the Commissioner of

21  Education and shall:

22         (1)  Train highly effective reading coaches.

23         (2)  Create multiple designations of effective reading

24  instruction, with accompanying credentials, which encourage

25  all teachers to integrate reading instruction into their

26  content areas.

27         (3)  Train K-12 teachers, school principals, and

28  parents on research-based reading instructional strategies and

29  secondary teachers on effective instructional strategies for

30  teaching reading in the content areas with an emphasis on

31  technical text.

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 1         (4)  Provide technical assistance to school districts

 2  in the development and implementation of district plans for

 3  use of the research-based reading instruction allocation

 4  provided in s. 1011.62(8) and annually review and approve such

 5  plans.

 6         (5)  Review, evaluate, and provide technical assistance

 7  to school districts' implementation of the K-12 comprehensive

 8  reading plan required in s. 1011.62(8).

 9         (6)  Work with the Florida Center for Reading Research

10  to provide information on research-based reading programs and

11  effective reading in the content area strategies.

12         (7)  Periodically review the Sunshine State Standards

13  for reading at all grade levels.

14         (8)  Periodically review teacher certification

15  examinations, including alternative certification exams, to

16  ascertain whether the examinations measure the skills needed

17  for research-based reading instruction and instructional

18  strategies for teaching reading in the content areas.

19         (9)  Work with teacher preparation programs approved

20  pursuant to s. 1004.04 to integrate research-based reading

21  instructional strategies and reading in the content area

22  instructional strategies into teacher preparation programs.

23         (10)  Administer grants and perform other functions as

24  necessary to meet the goal that all students read at grade

25  level.

26         Section 12.  Section 1001.33, Florida Statutes, is

27  amended to read:

28         1001.33  Schools under control of district school board

29  and district school superintendent.--

30         (1)  Except as otherwise provided by law, all public

31  schools conducted within the district shall be under the

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 1  direction and control of the district school board with the

 2  district school superintendent as executive officer.

 3         (2)  Each district school board, each district school

 4  superintendent, and each district and school-based

 5  administrator shall cooperate to apply the following guiding

 6  principles of Better Educated Students and Teachers (BEST)

 7  Florida Teaching:

 8         (a)  Teachers lead, students learn.

 9         (b)  Teachers maintain orderly, disciplined classrooms

10  conducive to student learning.

11         (c)  Teachers are trained, recruited, well compensated,

12  and retained for quality.

13         (d)  Teachers are well rewarded for their students'

14  high performance.

15         (e)  Teachers are most effective when served by

16  exemplary school administrators.

17         Section 13.  Subsection (3) of section 1001.41, Florida

18  Statutes, is amended to read:

19         1001.41  General powers of district school board.--The

20  district school board, after considering recommendations

21  submitted by the district school superintendent, shall

22  exercise the following general powers:

23         (3)  Prescribe and adopt standards and policies to

24  provide each student the opportunity to receive a complete

25  education program, including language arts, mathematics,

26  science, social studies, health, physical education, foreign

27  languages, and the arts, as defined by the Sunshine State

28  Standards. The standards and policies must emphasize

29  integration and reinforcement of reading, writing, and

30  mathematics skills across all subjects, including career

31  awareness, career exploration, and career and technical

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 1  education as are considered desirable by it for improving the

 2  district school system.

 3         Section 14.  Paragraph (c) of subsection (5) of section

 4  1001.42, Florida Statutes, is repealed, and subsection (16) of

 5  that section is amended, to read:

 6         1001.42  Powers and duties of district school

 7  board.--The district school board, acting as a board, shall

 8  exercise all powers and perform all duties listed below:

 9         (5)  PERSONNEL.--

10         (c)  Fully support and cooperate in the application of

11  the guiding principles of Better Educated Students and

12  Teachers (BEST) Florida Teaching, pursuant to s. 1000.041.

13         (16)  IMPLEMENT SCHOOL IMPROVEMENT AND

14  ACCOUNTABILITY.--Maintain a system of school improvement and

15  education accountability as provided by statute and State

16  Board of Education rule. This system of school improvement and

17  education accountability shall be consistent with, and

18  implemented through, the district's continuing system of

19  planning and budgeting required by this section and ss.

20  1008.385, 1010.01, and 1011.01. This system of school

21  improvement and education accountability shall include, but is

22  not limited to, the following:

23         (a)  School improvement plans.--Annually approve and

24  require implementation of a new, amended, or continuation

25  school improvement plan for each school in the district.

26  except that A district school board may establish a district

27  school improvement plan that includes all schools in the

28  district operating for the purpose of providing educational

29  services to youth in Department of Juvenile Justice programs.

30  Such plan shall be designed to achieve the state education

31  priorities pursuant to s. 1000.03(5) and student performance

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 1  standards. Each plan must emphasize budget allocations and

 2  professional development based on an analysis of student

 3  achievement and other school performance data and must

 4  include:

 5         1.  Professional development that supports enhanced and

 6  differentiated instructional strategies to improve teaching

 7  and learning.

 8         2.  Continuous use of disaggregated student achievement

 9  data to determine effectiveness of instructional strategies.

10         3.  Ongoing informal and formal assessments to monitor

11  individual student progress, including progress toward mastery

12  of the Sunshine State Standards, and to redesign instruction

13  if needed.

14         4.  Alternative instructional delivery methods to

15  support remediation, acceleration, and enrichment strategies.

16  

17  District school boards shall require schools to address other

18  matters of resource allocation as appropriate, such as

19  instructional materials and technologies that enhance teaching

20  and learning, staffing, student support services, school

21  safety and discipline strategies, student health and fitness,

22  and parental involvement. In addition, any school required to

23  implement a rigorous reading requirement pursuant to s.

24  1003.415 must include such component in its school improvement

25  plan. Each plan shall also address issues relative to budget,

26  training, instructional materials, technology, staffing,

27  student support services, specific school safety and

28  discipline strategies, student health and fitness, including

29  physical fitness, parental information on student health and

30  fitness, and indoor environmental air quality, and other

31  matters of resource allocation, as determined by district

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 1  school board policy, and shall be based on an analysis of

 2  student achievement and other school performance data.

 3         (b)  Approval process.--Develop a process for approval

 4  of a school improvement plan presented by an individual school

 5  and its advisory council. In the event a district school board

 6  does not approve a school improvement plan after exhausting

 7  this process, the Department of Education shall be notified of

 8  the need for assistance.

 9         (c)  Assistance and intervention.--

10         1.  Develop a 2-year plan of increasing individualized

11  assistance and intervention for each school in danger of not

12  meeting state standards or making adequate progress, as

13  defined pursuant to statute and State Board of Education rule,

14  toward meeting the goals and standards of its approved school

15  improvement plan.

16         2.  Provide assistance and intervention to a school

17  that is designated with a identified as being in performance

18  grade of category "D" pursuant to s. 1008.34 and is in danger

19  of failing.

20         3.  Develop a plan to encourage teachers with

21  demonstrated mastery in improving student performance to

22  remain at or transfer to a school with a designated as

23  performance grade of category "D" or "F" or to an alternative

24  school that serves disruptive or violent youths. If a

25  classroom teacher, as defined by s. 1012.01(2)(a), who meets

26  the definition of teaching mastery developed according to the

27  provisions of this paragraph, requests assignment to a school

28  designated with a as performance grade of category "D" or "F"

29  or to an alternative school that serves disruptive or violent

30  youths, the district school board shall make every practical

31  effort to grant the request.

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 1         4.  Prioritize, to the extent possible, the

 2  expenditures of funds received from the supplemental academic

 3  instruction categorical fund under s. 1011.62(1)(f) to improve

 4  student performance in schools that receive a performance

 5  grade category designation of "D" or "F."

 6         (d)  After 2 years.--Notify the Commissioner of

 7  Education and the State Board of Education in the event any

 8  school does not make adequate progress toward meeting the

 9  goals and standards of a school improvement plan by the end of

10  2 years of failing to make adequate progress and proceed

11  according to guidelines developed pursuant to statute and

12  State Board of Education rule. School districts shall provide

13  intervention and assistance to schools in danger of being

14  designated with a as performance grade of category "F,"

15  failing to make adequate progress.

16         (e)  Public disclosure.--Provide information regarding

17  performance of students and educational programs as required

18  pursuant to ss. 1008.22 and 1008.385 and implement a system of

19  school reports as required by statute and State Board of

20  Education rule that shall include schools operating for the

21  purpose of providing educational services to youth in

22  Department of Juvenile Justice programs, and for those

23  schools, report on the elements specified in s. 1003.52(19).

24  Annual public disclosure reports shall be in an easy-to-read

25  report card format and shall include the school's student and

26  school performance grade, high school graduation rate

27  calculated without GED tests, disaggregated by student

28  ethnicity, category designation and performance data as

29  specified in state board rule.

30         (f)  School improvement funds.--Provide funds to

31  schools for developing and implementing school improvement

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 1  plans. Such funds shall include those funds appropriated for

 2  the purpose of school improvement pursuant to s. 24.121(5)(c).

 3         Section 15.  Subsection (24) of section 1001.51,

 4  Florida Statutes, is repealed.

 5         Section 16.  Paragraphs (c) and (d) of subsection (1)

 6  and subsection (2) of section 1001.54, Florida Statutes, are

 7  amended to read:

 8         1001.54  Duties of school principals.--

 9         (1)

10         (c)  The school principal shall encourage school

11  personnel to implement the guiding principles for Better

12  Educated Students and Teachers (BEST) Florida Teaching,

13  pursuant to s. 1000.041.

14         (c)(d)  The school principal shall fully support the

15  authority of each teacher and school bus driver to remove

16  disobedient, disrespectful, violent, abusive, uncontrollable,

17  or disruptive students from the classroom and the school bus

18  and, when appropriate and available, place such students in an

19  alternative educational setting.

20         (2)  Each school principal shall provide instructional

21  leadership in the development, or revision, and implementation

22  of a school improvement plan, pursuant to s. 1001.42(16).

23         Section 17.  Paragraph (b) of subsection (3) and

24  subsection (4) of section 1003.01, Florida Statutes, are

25  amended to read:

26         1003.01  Definitions.--As used in this chapter, the

27  term:

28         (3)

29         (b)  "Special education services" means specially

30  designed instruction and such related services as are

31  necessary for an exceptional student to benefit from

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 1  education. Such services may include: transportation;

 2  diagnostic and evaluation services; social services; physical

 3  and occupational therapy; speech and language pathology

 4  services; job placement; orientation and mobility training;

 5  braillists, typists, and readers for the blind; interpreters

 6  and auditory amplification; rehabilitation counseling;

 7  transition services; mental health services; guidance and

 8  career counseling; specified materials, assistive technology

 9  devices, and other specialized equipment; and other such

10  services as approved by rules of the state board.

11         (4)  "Career education" means education that provides

12  instruction for the following purposes:

13         (a)  At the elementary, middle, and high secondary

14  school levels, exploratory courses designed to give students

15  initial exposure to a broad range of occupations to assist

16  them in preparing their academic and occupational plans, and

17  practical arts courses that provide generic skills that may

18  apply to many occupations but are not designed to prepare

19  students for entry into a specific occupation. Career

20  education provided before high school completion must be

21  designed to strengthen enhance both occupational awareness and

22  academic skills integrated throughout all through integration

23  with academic instruction.

24         (b)  At the secondary school level, job-preparatory

25  instruction in the competencies that prepare students for

26  effective entry into an occupation, including diversified

27  cooperative education, work experience, and job-entry programs

28  that coordinate directed study and on-the-job training.

29         (c)  At the postsecondary education level, courses of

30  study that provide competencies needed for entry into specific

31  occupations or for advancement within an occupation.

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 1         Section 18.  Subsection (3) of section 1003.05, Florida

 2  Statutes, is amended to read:

 3         1003.05  Assistance to transitioning students from

 4  military families.--

 5         (3)  Dependent children of active duty military

 6  personnel who otherwise meet the eligibility criteria for

 7  special academic programs offered through public schools shall

 8  be given first preference for admission to such programs even

 9  if the program is being offered through a public school other

10  than the school to which the student would generally be

11  assigned and the school at which the program is being offered

12  has reached its maximum enrollment. If such a program is

13  offered through a public school other than the school to which

14  the student would generally be assigned, the parent or

15  guardian of the student must assume responsibility for

16  transporting the student to that school. For purposes of this

17  subsection, special academic programs include charter schools,

18  magnet schools, advanced studies programs, advanced placement,

19  dual enrollment, Advanced International Certificate of

20  Education, and International Baccalaureate.

21         Section 19.  Paragraph (c) of subsection (1) of section

22  1003.21, Florida Statutes, is amended to read:

23         1003.21  School attendance.--

24         (1)

25         (c)  A student who attains the age of 16 years during

26  the school year is not subject to compulsory school attendance

27  beyond the date upon which he or she attains that age if the

28  student files a formal declaration of intent to terminate

29  school enrollment with the district school board. The

30  declaration must acknowledge that terminating school

31  enrollment is likely to reduce the student's earning potential

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 1  and must be signed by the student and the student's parent.

 2  The school district must notify the student's parent of

 3  receipt of the student's declaration of intent to terminate

 4  school enrollment. The student's guidance counselor or other

 5  school personnel must conduct an exit interview with the

 6  student to determine the reasons for the student's decision to

 7  terminate school enrollment and actions that could be taken to

 8  keep the student in school. The student must be informed of

 9  opportunities to continue his or her education in a different

10  environment, including, but not limited to, adult education

11  and GED test preparation. Additionally, the student must

12  complete a survey in a format prescribed by the Department of

13  Education to provide data on student reasons for terminating

14  enrollment and actions taken by schools to keep students

15  enrolled.

16         Section 20.  Section 1003.415, Florida Statutes, is

17  amended to read:

18         1003.415  The Florida Secondary Schools Redesign Middle

19  Grades Reform Act.--

20         (1)  SHORT TITLE POPULAR NAME.--This section may be

21  cited as shall be known by the popular name the "Florida

22  Secondary Schools Redesign Middle Grades Reform Act."

23         (2)  PURPOSE AND INTENT.--The purpose of this section

24  is to provide added academic focus, and rigor, relevance, and

25  opportunity for relationships to academics in the secondary

26  middle grades. Using integrated reading instruction as the

27  foundation, all secondary middle grade students shall should

28  receive rigorous academic instruction through challenging and

29  relevant curricula delivered by highly qualified teachers in

30  schools that have with outstanding principal leadership and,

31  which schools are supported by engaged and informed parents

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 1  and business partners. It is the intent of the Legislature

 2  that students entering 9th promoted from the eighth grade will

 3  be prepared ready for success in high school and that students

 4  graduating from high school will be prepared for postsecondary

 5  education and the workforce.

 6         (3)  DEFINITION.--As used in this section, the term

 7  "secondary schools middle grades" means grades 6 through 12,

 8  7, and 8.

 9         (4)  REDESIGN COMPONENT.--Beginning with the 2006-2007

10  school year, each district school board shall adopt policies

11  to provide support for all secondary schools to develop a

12  redesign component of the school improvement plan pursuant to

13  s. 1001.42(16). The primary goal of the redesign component is

14  to increase student engagement and achievement through

15  enhanced instructional opportunities that stress rigor,

16  relevance, and relationships; to encourage students to remain

17  in school and graduate on time; and to prepare students for

18  postsecondary education and the world of work. Each secondary

19  school's redesign component of the school improvement plan

20  must include a timeline, a comprehensive professional

21  development plan, and designation of the responsibilities of

22  teachers, administrators, parents, students, the business

23  community, and district staff. The secondary school redesign

24  component must be aligned to district professional development

25  plans pursuant to s. 1012.98(4)(b).

26         (a)  The middle school redesign component must be based

27  on a sound and strategic preparation for high school success

28  and include the following:

29         1.  Instructional strategies to increase rigor and

30  relevance throughout the curriculum to prepare middle school

31  

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 1  students for rigorous high school courses, postsecondary

 2  studies, and the world of work;

 3         2.  Instructional strategies to increase annually the

 4  percentage of students enrolled in and successfully completing

 5  algebra. Middle schools must provide at least one high school

 6  course with priority given to algebra;

 7         3.  Integration of reading strategies in all content

 8  areas, including the use of technical and informational text;

 9         4.  Comprehensive career exploration, which results in

10  the development of individual 4- to 5-year academic plans for

11  every student by the end of grade 8 pursuant to s. 1006.02.

12  The redesign component must include strategies for all

13  students to complete comprehensive career exploration

14  frameworks either through a stand-alone course or integrated

15  into other courses;

16         5.  Organizational strategies as specified in s.

17  1003.02(4) which include small-group advisement, small

18  learning communities, or similar models to ensure enhanced

19  adult relationships for every student to support and sustain

20  rigorous and relevant academics;

21         6.  Intensive remediation strategies to close skill

22  gaps, including summer academies;

23         7.  Organizational strategies to encourage common

24  planning time and professional learning communities for

25  instructional and administrative staff;

26         8.  Strategies to increase continuous monitoring of

27  student achievement using data and data analysis; and

28         9.  Strategies to communicate redesign plans with

29  feeder pattern high schools in order to obtain input and

30  feedback and ensure continuous improvement of academic

31  achievement for all students.

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 1         (b)  The high school redesign component must be based

 2  on a sound and strategic preparation for postsecondary

 3  education and the workforce and include the following:

 4         1.  Instructional strategies to increase rigor and

 5  relevance throughout the curriculum to prepare high school

 6  students for rigorous postsecondary studies and the demands of

 7  the workplace;

 8         2.  Instructional strategies to increase annually the

 9  percentage of students enrolled in and successful in

10  higher-level math courses, including algebra II and above;

11         3.  Integration of reading strategies in all content

12  areas, including the use of technical and informational text;

13         4.  Use and refinement of individual student 4- to

14  5-year academic and career plans as the basis for course

15  selection and enrollment pursuant to s. 1006.02;

16         5.  Organizational strategies as specified in s.

17  1003.02(4) which include small group advisement, small

18  learning communities, or similar models to ensure enhanced

19  adult relationships with every student to support and sustain

20  rigorous and relevant academics;

21         6.  Intensive remediation strategies to close skill

22  gaps, including summer academies;

23         7.  Organizational strategies to encourage common

24  planning time and professional learning communities for

25  instructional and administrative staff;

26         8.  Strategies to develop and refine 9th grade

27  academies to ensure successful transition to high school,

28  student engagement in rigorous coursework, and preparation for

29  postsecondary education and the workforce pursuant to s.

30  1006.02;

31  

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 1         9.  Strategies to share redesign plans with feeder

 2  pattern middle schools in order to obtain input and feedback

 3  and ensure continuous improvement of academic achievement for

 4  all students;

 5         10.  Strategies to transform the senior year to enhance

 6  student transition to postsecondary school and the workforce;

 7  and

 8         11.  Strategies for developing or enhancing existing

 9  career academies, pursuant to s. 1003.493.

10         (5)  PERSONALIZED ACADEMIC AND CAREER PLANS.--

11         (a)  Beginning with the 2006-2007 school year, each

12  middle school shall begin development of personalized academic

13  and career plans based on a comprehensive career exploration

14  course. Beginning with the 2007-2008 school year, personalized

15  academic and career plans shall be developed by the end of

16  grade 8 as a collaborative effort between the student and the

17  student's teachers, teacher advisors, guidance counselors, and

18  parents. The purpose of the plan is to provide each student

19  with a 4- to 5-year plan prior to 9th grade based on

20  individual aspirations and goals for postsecondary education

21  and possible careers. The plan shall be developed and refined

22  yearly in collaboration with the student and his or her

23  parent, teachers, teacher advisors, and guidance staff, and

24  shall be focused on rigorous coursework that is aligned to the

25  student's plans for postsecondary education or the workforce,

26  or both.

27         (b)  For secondary students who score below Level 3 in

28  reading or math on the most recently administered FCAT, the

29  personalized academic and career plan must also include a

30  provision for instructional assistance which includes

31  identification of the student's strengths and weaknesses,

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 1  intervention strategies, and continuous monitoring of the

 2  student's progress in academic performance.

 3         (c)  The personalized academic and career plan must be

 4  seamlessly incorporated into individual student plans required

 5  by federal or state law.

 6         (d)  The Department of Education, with input from

 7  school-based instructional leaders, shall post on the

 8  department's website by December 1, 2006, a model 4- to 5-year

 9  personalized academic and career plan consistent with and

10  transitional to the electronic Personal Education Planner.

11         (4)  CURRICULA AND COURSES.--The Department of

12  Education shall review course offerings, teacher

13  qualifications, instructional materials, and teaching

14  practices used in reading and language arts programs in the

15  middle grades. The department must consult with the Florida

16  Center for Reading Research at Florida State University, the

17  Just Read, Florida! Office, reading researchers, reading

18  specialists, and district supervisors of curriculum in the

19  development of findings and recommendations. The Commissioner

20  of Education shall make recommendations to the State Board of

21  Education regarding changes to reading and language arts

22  curricula in the middle grades based on research-based proven

23  effective programs. The State Board of Education shall adopt

24  rules based upon the commissioner's recommendations no later

25  than March 1, 2005. Implementation of new or revised reading

26  and language arts courses in all middle grades shall be phased

27  in beginning no later than the 2005-2006 school year with

28  completion no later than the 2008-2009 school year.

29         (5)  RIGOROUS READING REQUIREMENT.--

30         (a)  Beginning with the 2004-2005 school year, each

31  public school serving middle grade students, including charter

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 1  schools, with fewer than 75 percent of its students reading at

 2  or above grade level in grade 6, grade 7, or grade 8 as

 3  measured by a student scoring at Level 3 or above on the FCAT

 4  during the prior school year, must incorporate by October 1 a

 5  rigorous reading requirement for reading and language arts

 6  programs as the primary component of its school improvement

 7  plan. The department shall annually provide to each district

 8  school board by June 30 a list of its schools that are

 9  required to incorporate a rigorous reading requirement as the

10  primary component of the school's improvement plan. The

11  department shall provide technical assistance to school

12  districts and school administrators required to implement the

13  rigorous reading requirement. The department shall annually

14  provide to each district school board by June 30 a list of its

15  schools that are required to incorporate a rigorous reading

16  requirement as the primary component of the school's

17  improvement plan. The department shall provide technical

18  assistance to school districts and school administrators

19  required to implement the rigorous reading requirement.

20         (b)  The purpose of the rigorous reading requirement is

21  to assist each student who is not reading at or above grade

22  level to do so before entering high school. The rigorous

23  reading requirement must include for a middle school's

24  low-performing student population specific areas that address

25  phonemic awareness, phonics, fluency, comprehension, and

26  vocabulary; the desired levels of performance in those areas;

27  and the instructional and support services to be provided to

28  meet the desired levels of performance. The school shall use

29  research-based reading activities that have been shown to be

30  successful in teaching reading to low-performing students.

31  

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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 21.  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  2006-2007 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 academic

 2  courses as follows:

 3         1.  Three middle school or higher courses in

 4  English/language arts. These courses shall emphasize

 5  literature, composition, and technical and informational text.

 6         2.  Three middle school or higher courses in

 7  mathematics. School districts must offer at least one high

 8  school level mathematics course for which students may earn

 9  high school credit.

10         3.  Three middle school or higher courses in social

11  studies.

12         4.  Three middle school or higher courses in science.

13         5.  One course in career and education planning to be

14  completed in 7th or 8th grade. The course may be taught by any

15  member of the instructional staff; must include career

16  exploration using CHOICES for the 21st Century or a comparable

17  cost-effective program; must include educational planning

18  using the online student advising system known as Florida

19  Academic Counseling and Tracking for Students at the Internet

20  website FACTS.org; and shall result in the completion of a

21  personalized academic and career plan. Each student's plan

22  must be signed by the student, the student's guidance

23  counselor or academic advisor, and the student's parent. By

24  January 1, 2007, the Department of Education shall develop

25  course frameworks and professional development materials for

26  the career and education planning course to be implemented as

27  a stand-alone course or integrated into another course or

28  courses.

29         (b)  For each year in which a student scores at Level 1

30  on FCAT reading, the student must be enrolled in and complete

31  an intensive reading course the following year. Placement of

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 1  Level 2 readers in either an intensive reading course or a

 2  content area course in which reading strategies are delivered

 3  shall be determined by diagnosis of appropriate strategies for

 4  targeting the varying instructional needs of students who are

 5  reading below grade level. Reading courses must be designed

 6  and offered pursuant to the reading instruction plan required

 7  by s. 1001.62(8).

 8         (c)  For each year in which a student scores at Level 1

 9  on FCAT mathematics, the student must complete an intensive

10  mathematics course the following year, which may be integrated

11  into the student's required mathematics course. These courses

12  are subject to approval by the department for inclusion in the

13  Course Code Directory.

14         (d)  Additional course requirements for middle-grades

15  promotion shall be determined by each school district in the

16  pupil progression plan, which may include additional academic

17  courses, including the fine and performing arts, physical

18  education, or career and technical education, in order to

19  provide a complete education program as defined in s.

20  1001.41(3).

21         (2)  District school boards shall establish policies to

22  implement the requirements of this section. The policies must

23  include procedures for placing and promoting students who

24  enter a Florida public school at the sixth, seventh, or eighth

25  grade from out of state or from a foreign country. The

26  policies may allow alternative methods for students to

27  demonstrate competency in the courses required by this

28  section. School districts shall emphasize alternative methods

29  for students scoring at Level 1 on FCAT Reading who have been

30  retained in elementary school. The alternatives shall include,

31  but are not limited to, opportunities for students to:

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 1         (a)  Be promoted on time to high school.

 2         (b)  Be placed in programs that emphasize applied

 3  integrated curricula, small learning communities, career

 4  exploration, support services, alternative discipline, or

 5  other strategies documented to improve student achievement.

 6  

 7  Within 30 days after adoption, the school district's policies

 8  shall be submitted to the State Board of Education for

 9  approval. The school district's policies shall be

10  automatically approved unless specifically rejected by the

11  State Board of Education within 60 days after receipt.

12         (3)  Students in the sixth, seventh, or eighth grade

13  who are not enrolled in schools having a middle grades

14  configuration are subject to the promotion requirements of

15  this section.

16         Section 22.  Section 1003.42, Florida Statutes, is

17  amended to read:

18         1003.42  Required instruction.--

19         (1)  Each district school board shall provide all

20  courses required for middle grades promotion, high school

21  graduation, and appropriate instruction designed to ensure

22  that students meet State Board of Education adopted standards

23  in the following subject areas: reading and other language

24  arts, mathematics, science, social studies, foreign languages,

25  health and physical education, and the arts.

26         (2)  Members of the instructional staff of the public

27  schools, subject to the rules of the State Board of Education

28  and the district school board, shall teach efficiently and

29  faithfully, using the books and materials required that meet

30  the highest standards for professionalism and historic

31  

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 1  accuracy, following the prescribed courses of study, and

 2  employing approved methods of instruction, the following:

 3         (a)  The history and content of the Declaration of

 4  Independence, including national sovereignty, natural law,

 5  self-evident truth, equality of all persons, limited

 6  government, popular sovereignty, and inalienable rights of

 7  life, liberty, and property, and how they form it forms the

 8  philosophical foundation of our government.

 9         (b)  The history, meaning, significance, and effect of

10  the provisions of the Constitution of the United States and

11  amendments thereto, with emphasis on each of the 10 amendments

12  that make up the Bill of Rights and how the constitution

13  provides the structure of our government.

14         (c)(b)  The arguments in support of adopting our

15  republican form of government, as they are embodied in the

16  most important of the Federalist Papers.

17         (c)  The essentials of the United States Constitution

18  and how it provides the structure of our government.

19         (d)  Flag education, including proper flag display and

20  flag salute.

21         (e)  The elements of civil government, including the

22  primary functions of and interrelationships between the

23  Federal Government, the state, and its counties,

24  municipalities, school districts, and special districts.

25         (f)  The history of the United States, including the

26  period of discovery, early colonies, the War for Independence,

27  the Civil War, the expansion of the United States to its

28  present boundaries, the world wars, and the civil rights

29  movement to the present. American history shall be viewed as

30  factual, not as constructed, shall be viewed as knowable,

31  teachable, and testable, and shall be defined as the creation

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 1  of a new nation based largely on the universal principles

 2  stated in the Declaration of Independence.

 3         (g)(f)  The history of the Holocaust (1933-1945), the

 4  systematic, planned annihilation of European Jews and other

 5  groups by Nazi Germany, a watershed event in the history of

 6  humanity, to be taught in a manner that leads to an

 7  investigation of human behavior, an understanding of the

 8  ramifications of prejudice, racism, and stereotyping, and an

 9  examination of what it means to be a responsible and

10  respectful person, for the purposes of encouraging tolerance

11  of diversity in a pluralistic society and for nurturing and

12  protecting democratic values and institutions.

13         (h)(g)  The history of African Americans, including the

14  history of African peoples before the political conflicts that

15  led to the development of slavery, the passage to America, the

16  enslavement experience, abolition, and the contributions of

17  African Americans to society.

18         (i)(h)  The elementary principles of agriculture.

19         (j)(i)  The true effects of all alcoholic and

20  intoxicating liquors and beverages and narcotics upon the

21  human body and mind.

22         (k)(j)  Kindness to animals.

23         (l)(k)  The history of the state.

24         (m)(l)  The conservation of natural resources.

25         (n)(m)  Comprehensive health education that addresses

26  concepts of community health; consumer health; environmental

27  health; family life, including an awareness of the benefits of

28  sexual abstinence as the expected standard and the

29  consequences of teenage pregnancy; mental and emotional

30  health; injury prevention and safety; nutrition; personal

31  

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 1  health; prevention and control of disease; and substance use

 2  and abuse.

 3         (o)(n)  Such additional materials, subjects, courses,

 4  or fields in such grades as are prescribed by law or by rules

 5  of the State Board of Education and the district school board

 6  in fulfilling the requirements of law.

 7         (p)(o)  The study of Hispanic contributions to the

 8  United States.

 9         (q)(p)  The study of women's contributions to the

10  United States.

11         (r)  The nature and importance of free enterprise to

12  the United States economy.

13         (s)(q)  A character-development program in the

14  elementary schools, similar to Character First or Character

15  Counts, which is secular in nature and stresses such character

16  qualities as attentiveness, patience, and initiative.

17  Beginning in school year 2004-2005, the character-development

18  program shall be required in kindergarten through grade 12.

19  Each district school board shall develop or adopt a curriculum

20  for the character-development program that shall be submitted

21  to the department for approval. The character-development

22  curriculum shall stress the qualities of patriotism;,

23  responsibility;, citizenship;, kindness;, respect for

24  authority, life, liberty, and personal property;, honesty;

25  charity;, self-control;, racial, ethnic, and religious

26  tolerance;, and cooperation.

27         (t)(r)  In order to encourage patriotism, the

28  sacrifices that veterans have made in serving our country and

29  protecting democratic values worldwide. Such instruction must

30  occur on or before Veterans' Day and Memorial Day. Members of

31  

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 1  the instructional staff are encouraged to use the assistance

 2  of local veterans when practicable.

 3  

 4  The State Board of Education is encouraged to adopt standards

 5  and pursue assessment of the requirements of this subsection.

 6         (3)  Any student whose parent makes written request to

 7  the school principal shall be exempted from the teaching of

 8  reproductive health or any disease, including HIV/AIDS, its

 9  symptoms, development, and treatment. A student so exempted

10  may not be penalized by reason of that exemption. Course

11  descriptions for comprehensive health education shall not

12  interfere with the local determination of appropriate

13  curriculum which reflects local values and concerns.

14         Section 23.  Section 1003.428, Florida Statutes, is

15  created to read:

16         1003.428  General requirements for high school

17  graduation; revised.--

18         (1)  Except as otherwise authorized pursuant to s.

19  1003.429, beginning with students entering their first year of

20  high school in the 2007-2008 school year, graduation requires

21  the successful completion of a minimum of 24 credits or an

22  Advanced International Certificate of Education Curriculum or

23  an International Baccalaureate curriculum.

24         (2)  The 24 credits may be earned through applied,

25  integrated, and combined courses approved by the Department of

26  Education and shall be distributed as follows:

27         (a)  Sixteen core curriculum credits:

28         1.  Four credits in English, with major concentration

29  in composition, technical reading, and literature.

30  

31  

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 1         2.  Four credits in mathematics, one of which must be

 2  Algebra I, a series of courses equivalent to Algebra I, or a

 3  higher-level mathematics course.

 4         3.  Three credits in science, two of which must have a

 5  laboratory component.

 6         4.  Three credits in social studies as follows: one

 7  credit in American history; one credit in world history;

 8  one-half credit in economics; and one-half credit in American

 9  government.

10         5.  One credit in fine arts.

11         6.  One credit in physical education.

12         (b)  Eight credits in majors, minors, or electives:

13         1.  Four credits in a major area of study selected by

14  the student as part of the career and education plan required

15  by s. 1003.4156. The State Board of Education shall approve

16  major areas of study. School districts may submit proposals

17  for new majors to the State Board of Education which, upon

18  approval, shall be available for use by all school districts.

19         2.  Four credits in elective courses selected by the

20  student as part of the career and education plan required by

21  s. 1003.4156. These credits may be combined to allow for a

22  second major area of study pursuant to subparagraph 1.; a

23  minor area of study, or elective courses, intensive reading,

24  or mathematics intervention courses; or credit-recovery

25  courses as described in this subparagraph.

26         a.  Minor areas of study are composed of three credits

27  and approved by the State Board of Education. School districts

28  may submit proposals for new minor areas of study to the State

29  Board of Education which, upon approval, shall be available

30  for use by all school districts.

31  

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 1         b.  Elective courses are selected by the student in

 2  order to pursue a complete education program as described in

 3  s. 1001.41(3).

 4         c.  Intensive reading or mathematics intervention

 5  courses are based on student performance on the FCAT. These

 6  courses should be competency based and offered through

 7  innovative delivery systems, including computer-assisted

 8  instruction. School districts should use learning gains, other

 9  appropriate data, and incentives to identify and reward

10  high-performing teachers in reading and mathematics who teach

11  intensive-intervention courses.

12         (I)  For each year in which a student scores at Level 1

13  on FCAT reading, the student must be enrolled in and complete

14  an intensive reading course the following year. Placement of

15  Level 2 readers in either an intensive reading course or a

16  content area course in which reading strategies are delivered

17  shall be determined by diagnosis of reading needs. The

18  Department of Education shall provide guidance on appropriate

19  strategies for targeting the varying instructional needs of

20  students who are reading below grade level. Reading courses

21  must be designed and offered pursuant to the reading

22  instruction plan required by s. 1001.62(8).

23         (II)  For each year in which a student scores at Level

24  1 on FCAT mathematics, the student must complete an intensive

25  mathematics course the following year. These courses are

26  subject to approval by the Department of Education for

27  inclusion in the Course Code Directory.

28         d.  Credit-recovery courses are provided so that

29  students can simultaneously earn an elective credit and the

30  recovered credit. These courses should be competency based and

31  

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 1  offered through innovative delivery systems, including

 2  computer-assisted instruction.

 3         (3)  District school boards shall establish policies to

 4  implement the requirements of secondary school reform pursuant

 5  to s. 1003.415. The policies must address each of the

 6  following:

 7         (a)  Applied, integrated, and combined courses that

 8  provide flexibility for students to enroll in creative majors

 9  and minors, elective courses, and credit-recovery courses.

10         (b)  Procedures for placing and promoting students who

11  enter high school from out of state or from a foreign country.

12  The policies may allow alternative methods for students to

13  demonstrate competency in the courses required by this

14  section.

15         (c)  Grade forgiveness.

16         (d)  Summer academies for students to receive intensive

17  intervention courses in reading and mathematics or competency

18  based credit-recovery courses. A student's participation in an

19  instructional or remediation program prior to or immediately

20  following entering grade 9 for the first time shall not affect

21  that student's classification as a first-time 9th grader for

22  reporting purposes, including calculation of graduation and

23  dropout rates.

24         (e)  Strategies to support teachers' pursuit of the

25  reading endorsement and emphasize reading instruction

26  professional development for content area teachers.

27         (f)  Creative and flexible alternative scheduling

28  designed to meet student needs.

29         (g)  Career and education planning for students who do

30  not have a 4- to 5-year academic and career plan. Each

31  student's plan must be signed by the student, the student's

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 1  guidance counselor or academic advisor and the student's

 2  parent.

 3         (h)  Tools for parents to regularly monitor student

 4  progress and communicate with teachers.

 5         (i)  Additional course requirements for graduation

 6  which may be determined by each school district in the student

 7  progression plan.

 8         (4)  The Department of Education shall increase the

 9  number of approved applied, integrated, and combined courses

10  available to school districts and shall coordinate policies

11  and assistance across the department in order to support the

12  successful implementation of this section by school districts.

13  Courses submitted for approval by school districts, including

14  those that combine technical skills and academic content, must

15  be received by the Department of Education no later than 5

16  months before the beginning of the school term in which such

17  courses are planned to be offered. The State Board of

18  Education must approve or disapprove courses no later than 3

19  months before the school term in which such courses are

20  planned to be offered. The Department of Education shall

21  present newly proposed courses to the board for approval a

22  minimum of three times annually.

23         (5)  The provisions of this section shall supersede any

24  conflicting provisions of s. 1003.43.

25         Section 24.  Section 1003.429, Florida Statutes, is

26  amended to read:

27         1003.429  Accelerated high school graduation options.--

28         (1)  Students who enter grade 9 in the 2006-2007

29  2004-2005 school year and thereafter may select, upon receipt

30  of each consent required by this section, one of the following

31  two three high school graduation options:

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 1         (a)  Completion of the general requirements for high

 2  school graduation pursuant to s. 1003.43; or

 3         (b)  Completion of a 3-year standard college

 4  preparatory program requiring successful completion of a

 5  minimum of 18 academic credits in grades 9 through 12. At

 6  least 6 of the 18 credits required for completion of this

 7  program must be received in classes that are offered pursuant

 8  to the International Baccalaureate Program administered by the

 9  International Baccalaureate Office or the Advanced Placement

10  Program administered by the College Board honors, dual

11  enrollment, advanced placement, International Baccalaureate,

12  Advanced International Certificate of Education, specifically

13  listed or identified by the Department of Education as

14  rigorous pursuant to s. 1009.531(3), or weighted by the

15  district school board for class ranking purposes. The 18

16  credits required for completion of this program shall be

17  primary requirements and shall be distributed as follows:

18         1.  Four credits in English, with major concentration

19  in composition and literature;

20         2.  Three credits in mathematics at the Algebra I level

21  or higher from the list of courses that qualify for state

22  university admission;

23         3.  Three credits in natural science, two of which must

24  have a laboratory component;

25         4.  Three credits in social sciences, which must

26  include one credit in American history, one credit in world

27  history, one-half credit in American government, and one-half

28  credit in economics;

29         5.  Two credits in the same second language unless the

30  student is a native speaker of or can otherwise demonstrate

31  competency in a language other than English. If the student

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 1  demonstrates competency in another language, the student may

 2  replace the language requirement with two credits in other

 3  academic courses; and

 4         6.  Three credits in electives.; or

 5         (c)  Completion of a 3-year career preparatory program

 6  requiring successful completion of a minimum of 18 academic

 7  credits in grades 9 through 12. The 18 credits shall be

 8  primary requirements and shall be distributed as follows:

 9         1.  Four credits in English, with major concentration

10  in composition and literature;

11         2.  Three credits in mathematics, one of which must be

12  Algebra I;

13         3.  Three credits in natural science, two of which must

14  have a laboratory component;

15         4.  Three credits in social sciences, which must

16  include one credit in American history, one credit in world

17  history, one-half credit in American government, and one-half

18  credit in economics;

19         5.  Three credits in a single vocational or career

20  education program, three credits in career and technical

21  certificate dual enrollment courses, or five credits in

22  vocational or career education courses; and

23         6.  Two credits in electives unless five credits are

24  earned pursuant to subparagraph 5.

25  

26  Any student who selected an accelerated graduation program

27  before July 1, 2004, may continue that program, and all

28  statutory program requirements that were applicable when the

29  student made the program choice shall remain applicable to the

30  student as long as the student continues that program.

31  

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 1         (2)  Prior to selecting a program described in

 2  paragraph (1)(b) or paragraph (1)(c), a student and the

 3  student's parent must meet with designated school personnel to

 4  receive an explanation of the relative requirements,

 5  advantages, and disadvantages of each program option, and the

 6  student must also receive the written consent of the student's

 7  high school principal, high school guidance counselor, and

 8  parent. the following requirements must be met:

 9         (a)  Designated school personnel shall meet with the

10  student and student's parent to give an explanation of the

11  relative requirements, advantages, and disadvantages of each

12  graduation option.

13         (b)  The student shall submit to the high school

14  principal and guidance counselor a signed parental consent to

15  enter the 3-year accelerated graduation program.

16         (c)  The student shall have achieved at least an FCAT

17  reading achievement level of 3, an FCAT mathematics

18  achievement level of 3, and an FCAT Writing score of 3 on the

19  most recent assessments taken by the student.

20         (3)  Beginning with the 2006-2007 2004-2005 school

21  year, each district school board shall provide each student in

22  grades 6 through 9 and their parents with information

23  concerning the 3-year and 4-year high school graduation

24  options listed in subsection (1), including the respective

25  curriculum requirements for those options, so that the

26  students and their parents may select the program

27  postsecondary education or career plan that best fits their

28  needs. The information must shall include a timeframe for

29  achieving each graduation option.

30         (4)  Selection of one of the graduation options listed

31  in subsection (1) must be completed by the student prior to

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 1  the end of grade 9 and is exclusively up to the student and

 2  parent, subject to the requirements in subsection (2). Each

 3  district school board shall establish policies for extending

 4  this deadline to the end of a student's first semester of

 5  grade 10 for a student who entered a Florida public school

 6  after grade 9 upon transfer from a private school or another

 7  state or who was prevented from choosing a graduation option

 8  due to illness during grade 9. If the student and parent fail

 9  to select a graduation option, the student shall be considered

10  to have selected the general requirements for high school

11  graduation pursuant to paragraph (1)(a).

12         (5)  District school boards may shall not establish

13  requirements for the accelerated 3-year high school graduation

14  option options in excess of the requirements in paragraph

15  paragraphs (1)(b) and (c).

16         (6)  Students pursuing the accelerated 3-year high

17  school graduation option options pursuant to paragraph (1)(b)

18  or paragraph (1)(c) are required to:

19         (a)  Earn passing scores on the FCAT as defined in s.

20  1008.22(3)(c) or scores on a standardized test that are

21  concordant with passing scores on the FCAT as defined in s.

22  1008.22(9).

23         (b)1.  Achieve a cumulative weighted grade point

24  average of 3.5 3.0 on a 4.0 scale, or its equivalent, in the

25  courses required for the college preparatory accelerated

26  3-year standard college preparatory program under high school

27  graduation option pursuant to paragraph (1)(b); and or

28         2.  Receive a grade no lower than a "B" or its

29  equivalent, representing at least 3.0 points on a 4.0 scale,

30  in any course taken in connection with the accelerated 3-year

31  standard college preparatory program under paragraph (1)(b).

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 1  If any student participating in the accelerated 3-year

 2  standard college preparatory program does not meet this

 3  requirement, the student shall be required to complete the

 4  general requirements for high school graduation pursuant to s.

 5  1003.43.

 6         (7)  A student who selects the accelerated 3-year

 7  standard college preparatory graduation program may change at

 8  any time to the 4-year program set forth in s. 1003.43.

 9         (8)  If, at the end of the 10th grade, a student is not

10  on track to meet the course, testing, grade, or

11  grade-point-average requirements of the accelerated graduation

12  option, the student shall default to the standard 4-year

13  graduation option.

14         2.  Achieve a cumulative weighted grade point average

15  of 3.0 on a 4.0 scale, or its equivalent, in the courses

16  required for the career preparatory accelerated 3-year high

17  school graduation option pursuant to paragraph (1)(c).

18         (c)  Receive a weighted or unweighted grade that earns

19  at least 3.0 points, or its equivalent, to earn course credit

20  toward the 18 credits required for the college preparatory

21  accelerated 3-year high school graduation option pursuant to

22  paragraph (1)(b).

23         (d)  Receive a weighted or unweighted grade that earns

24  at least 2.0 points, or its equivalent, to earn course credit

25  toward the 18 credits required for the career preparatory

26  accelerated 3-year high school graduation option pursuant to

27  paragraph (1)(c).

28  

29  Weighted grades referred to in paragraphs (b), (c), and (d)

30  shall be applied to those courses specifically listed or

31  identified by the department as rigorous pursuant to s.

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 1  1009.531(3) or weighted by the district school board for class

 2  ranking purposes.

 3         (7)  If, at the end of grade 10, a student is not on

 4  track to meet the credit, assessment, or grade-point-average

 5  requirements of the accelerated graduation option selected,

 6  the school shall notify the student and parent of the

 7  following:

 8         (a)  The requirements that the student is not currently

 9  meeting.

10         (b)  The specific performance necessary in grade 11 for

11  the student to meet the accelerated graduation requirements.

12         (c)  The right of the student to change to the 4-year

13  program set forth in s. 1003.43.

14         (8)  A student who selected one of the accelerated

15  3-year graduation options shall automatically move to the

16  4-year program set forth in s. 1003.43 if the student:

17         (a)  Exercises his or her right to change to the 4-year

18  program;

19         (b)  Fails to earn 5 credits by the end of grade 9 or

20  fails to earn 11 credits by the end of grade 10;

21         (c)  Does not achieve a score of 3 or higher on the

22  grade 10 FCAT Writing assessment; or

23         (d)  By the end of grade 11 does not meet the

24  requirements of subsections (1) and (6).

25         (9)  A student who meets all requirements prescribed in

26  subsections (1) and (6) shall be awarded a standard diploma in

27  a form prescribed by the State Board of Education.

28         (10)  A student who seeks academic graduation honors,

29  such as being named valedictorian or salutatorian of a high

30  school graduating class, must select the option set forth in

31  

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 1  paragraph (1)(a) and complete the general requirements for

 2  high school graduation pursuant to s. 1003.43.

 3         Section 25.  Section 1003.437, Florida Statutes, is

 4  amended to read:

 5         1003.437  Middle and high school grading system.--The

 6  grading system and interpretation of letter grades used for

 7  students in public high schools in grades 6-12 shall be as

 8  follows:

 9         (1)  Grade "A" equals 90 percent through 100 percent,

10  has a grade point average value of 4, and is defined as

11  "outstanding progress."

12         (2)  Grade "B" equals 80 percent through 89 percent,

13  has a grade point average value of 3, and is defined as "above

14  average progress."

15         (3)  Grade "C" equals 70 percent through 79 percent,

16  has a grade point average value of 2, and is defined as

17  "average progress."

18         (4)  Grade "D" equals 60 percent through 69 percent,

19  has a grade point average value of 1, and is defined as

20  "lowest acceptable progress."

21         (5)  Grade "F" equals zero percent through 59 percent,

22  has a grade point average value of zero, and is defined as

23  "failure."

24         (6)  Grade "I" equals zero percent, has a grade point

25  average value of zero, and is defined as "incomplete."

26  

27  For the purposes of class ranking, district school boards may

28  exercise a weighted grading system pursuant to s. 1007.271.

29         Section 26.  Section 1003.491, Florida Statutes, is

30  amended to read:

31         1003.491  Career education.--

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 1         (1)  School board, superintendent, and school

 2  accountability for career education within elementary and

 3  secondary schools includes, but is not limited to:

 4         (a)  Student exposure to a variety of careers and

 5  provision of instruction to explore specific careers in

 6  greater depth.

 7         (b)  Student awareness of available career programs and

 8  the corresponding occupations into which such programs lead.

 9         (c)  Student development of individual academic and

10  career plans as specified in s. 1003.415(5).

11         (d)  Integration of academic and career skills in the

12  secondary curriculum.

13         (e)  Student preparation to enter the workforce and

14  enroll in postsecondary education without being required to

15  complete college preparatory or career preparatory

16  instruction.

17         (f)  Student retention in school through high school

18  graduation.

19         (g)  Career education curriculum articulation with

20  corresponding postsecondary programs in the career center or

21  community college, or both.

22         (2)  A No school board or public school may not shall

23  require a student to participate in any school-to-work or job

24  training program. A district school board or school may shall

25  not require a student to meet occupational standards for grade

26  level promotion or graduation unless the student is

27  voluntarily enrolled in a job training program.

28         (3)  Each district school board and superintendent

29  shall implement all components required to obtain the career

30  education certification on the high school diploma if the

31  school district chooses to offer the certification.

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 1         Section 27.  Section 1003.493, Florida Statutes, is

 2  created to read:

 3         1003.493  Career and professional academies.--

 4         (1)  A "career and professional academy" is a

 5  research-based program as described in subsection (3) which

 6  offers a rigorous and relevant academic curriculum with an

 7  industry and business relevant career theme offered by a

 8  public school or school district.

 9         (2)  The goals of career and professional academies are

10  to:

11         (a)  Increase student achievement.

12         (b)  Focus on careers and postsecondary education.

13         (c)  Raise student aspiration and commitment to

14  academic achievement.

15         (3)  A career and professional academy may be offered

16  as one of the following small learning communities:

17         (a)  A Career High-Skill Occupational Initiative for

18  Career Education (CHOICE) academy, pursuant to s. 1003.494,

19  with one career theme and created as part of an existing high

20  school or as a school-within-a-school program. Students in the

21  school are not required to be students in the academy.

22         (b)  A comprehensive career academy, pursuant to s.

23  1003.495, which is structured around one or more career themes

24  and consists of one or more career academy programs.

25         (4)  Each career and professional academy must:

26         (a)  Provide a rigorous and relevant standards-based

27  academic curriculum through a career-based theme with

28  instruction relevant to the career. The curriculum must take

29  into consideration multiple styles of student learning;

30  promote learning by doing through application and adaptation;

31  maximize relevance of the subject matter; enhance each

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 1  student's capacity to excel; and include an emphasis on work

 2  habits and work ethics.

 3         (b)  Include one or more partnerships with businesses,

 4  industry, employers, economic development organizations, or

 5  other appropriate partners from the local community. Such

 6  partnerships must include opportunities for:

 7         1.  Highly skilled professionals to provide instruction

 8  in their areas of expertise.

 9         2.  Use of state-of-the-art equipment in the

10  instructional program of the academy.

11         3.  Internships, externships, and on-the-job training.

12         (c)  Include one or more partnerships with public or

13  private postsecondary institutions accredited by a regional or

14  national accrediting agency recognized by the United States

15  Department of Education. The educational partner must:

16         1.  Agree to articulate coursework to maximize

17  transferability of credit.

18         2.  Offer a postsecondary degree, diploma, or

19  certificate in the career theme of the academy.

20         (d)  Provide creative and tailored student advisement,

21  including opportunities and encouragement for parent

22  participation in career education planning, and coordination

23  with middle schools in the school district to provide career

24  counseling. The coordination with middle schools must include

25  promotion in middle school of secondary and postsecondary

26  career education programs and opportunities to participate in

27  an academy. Such promotion may take place through middle

28  school exploratory courses.

29         (e)  Provide a career education certification on the

30  high school diploma pursuant to s. 1003.431.

31  

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 1         (f)  Provide instruction, certification, or credentials

 2  in work-readiness skills, including, but not limited to,

 3  communication skills, interpersonal skills, decisionmaking

 4  skills, the importance of attendance and timeliness in the

 5  work environment, and work ethics.

 6         (g)  Establish student eligibility criteria. While

 7  recognizing that rigorous academic performance will be

 8  expected of all students participating in an academy, initial

 9  eligibility criteria must permit opportunities for students

10  who may not yet meet the academic requirements but demonstrate

11  characteristics that may lead to success in an academy. The

12  aim of an academy should be to serve not only students who are

13  already succeeding but also students who would succeed if the

14  proper instructional and motivational opportunities were

15  provided.

16         (5)  If a career and professional academy is designated

17  as a CHOICE academy under s. 1003.494 or a comprehensive

18  career academy under s. 1003.495, the career education courses

19  offered in the academy which emphasize reading, writing,

20  mathematics, and science may be considered core curricula

21  courses upon approval of the Commissioner of Education.

22         Section 28.  Section 1003.494, Florida Statutes, is

23  created to read:

24         1003.494  Career High-Skill Occupational Initiative for

25  Career Education (CHOICE) academies.--

26         (1)  The Department of Education shall establish a

27  Career High-Skill Occupational Initiative for Career Education

28  (CHOICE) project. The project shall consist of a competitive

29  process for selecting and designating school districts as

30  participants in the project and designating CHOICE academies

31  in schools within participating school districts.

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 1         (2)  A CHOICE academy is a career and professional

 2  academy that meets the goals and requirements specified in s.

 3  1003.493 and offers a rigorous and relevant academic

 4  curriculum leading to industry-recognized certification,

 5  college credit, and credit toward a high school diploma.

 6  Existing career education courses may serve as a foundation

 7  for the creation of a CHOICE academy.

 8         (3)  The purpose of a CHOICE academy shall be to:

 9         (a)  Draw upon ongoing partnerships between education

10  and workforce development or economic development

11  organizations to enhance the quality and opportunities for

12  career education for high school students by exposure to

13  in-demand career education as identified by such organizations

14  in the local community.

15         (b)  Build upon the state system of school improvement

16  and education accountability by providing students with a

17  solid academic foundation, opportunities to obtain

18  industry-recognized certification or credentials, and

19  preparation for postsecondary educational experiences in

20  related fields.

21         (c)  Focus students on completing high school

22  graduation requirements, including, but not limited to,

23  receiving passing scores on the grade 10 FCAT.

24         (d)  Prepare graduating high school students to make

25  appropriate choices relative to employment and future

26  educational experiences.

27         (4)  The Department of Education shall establish

28  application guidelines for an annual competitive process and

29  eligibility criteria for school district participation. A

30  school district may apply to the department for designation as

31  a CHOICE project participating district, and the department,

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 1  in consultation with Workforce Florida, Inc., and Enterprise

 2  Florida, Inc., may designate as many school districts as it

 3  deems advisable each year. Eligibility criteria for

 4  designation of a school district as a CHOICE project

 5  participant shall include, but need not be limited to:

 6         (a)  The willingness and ability of associated

 7  businesses or industries to form partnerships with and support

 8  CHOICE academies.

 9         (b)  The dedication of school district resources to

10  CHOICE academies.

11         (5)  The Department of Education, in consultation with

12  Workforce Florida, Inc., shall establish standards for

13  designating specific CHOICE academies in each participating

14  school district. The Okaloosa County School District may serve

15  in an advisory role in the establishment of such standards. A

16  participating school district may apply to the department for

17  designation of a CHOICE academy within a school in the

18  district. Eligibility criteria for such designation must

19  include, but need not be limited to, the following:

20         (a)  The existence of partnerships with an associated

21  business or industry and a regional workforce board or the

22  primary local economic development organization in the county

23  as recognized by Enterprise Florida, Inc. The partnership of

24  the business or industry with the CHOICE academy must be based

25  on the connection of the business or industry with the

26  academy's career theme and must involve future plans for

27  improving the local economy. The business or industry partner

28  must be consulted during the planning stages of a CHOICE

29  academy and provide business or industry support and resources

30  devoted to the CHOICE academy.

31  

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 1         (b)  The existence of at least one established

 2  partnership and an articulation agreement for credit with a

 3  postsecondary institution.

 4         (c)  The existence of participation opportunities for

 5  students, including students in home education programs,

 6  students with disabilities, and nontraditional students.

 7         (d)  The existence of a plan for sustaining the CHOICE

 8  academy.

 9  

10  The Okaloosa County School District and other school districts

11  that have received funding from Workforce Florida, Inc., for

12  the establishment of CHOICE academies prior to July 1, 2006,

13  shall receive an expedited review for CHOICE academy

14  designation by the department.

15         (6)  A participating school district shall:

16         (a)  Identify an appropriate location for classes.

17         (b)  Ensure that a CHOICE academy is flexible enough to

18  respond both to the needs and abilities of students and to the

19  needs of associated businesses or industries.

20         (c)  Redirect appropriated funding from ongoing

21  activities to a CHOICE academy.

22         (d)  Plan for sustaining a CHOICE academy as an ongoing

23  program without additional funding.

24         (e)  Assist in program technical support for students

25  in private schools, charter schools, or home education

26  programs.

27         (f)  Allow students in private schools, charter

28  schools, or home education programs to participate in a CHOICE

29  academy through dual enrollment.

30         (7)  The Department of Education shall:

31  

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 1         (a)  With assistance from Workforce Florida, Inc.,

 2  provide technical assistance to participating school districts

 3  in submitting applications for designation of specific CHOICE

 4  academies located in specific schools in the school district,

 5  reorganizing career education opportunities, developing CHOICE

 6  academies with career themes in areas deemed appropriate by

 7  Workforce Florida, Inc., or local economic development

 8  organizations, and developing funding plans.

 9         (b)  Approve or disapprove within 30 days a request by

10  a participating school district on behalf of a designated

11  CHOICE academy for the substitution of appropriate rigorous

12  and relevant coursework deemed critical for student success by

13  an industry for coursework required for high school

14  graduation. If the school district does not receive a response

15  to the request within 30 days, the district school board shall

16  allow the substitution according to its student progression

17  plan pursuant to s. 1003.43(1).

18         (c)  Make appropriate policy decisions relative to

19  CHOICE academies when such decisions are not specifically

20  directed by law.

21         (d)  Jointly with Workforce Florida, Inc., and in

22  consultation with the school districts, develop evaluation

23  criteria for CHOICE academies. Such criteria shall include

24  increased academic performance of students and schools using

25  school-level accountability data.

26         (e)  Report to the State Board of Education, the

27  Governor, the President of the Senate, and the Speaker of the

28  House of Representatives by July 1 of each year on school

29  district participation in the CHOICE project, designated

30  CHOICE academies with enrollment and completion data for such

31  academies, and appropriate outcomes for students who have

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 1  completed a CHOICE academy program. Such outcomes may include

 2  continuing educational experiences of CHOICE academy

 3  graduates, business or industry satisfaction with the CHOICE

 4  academies, placement of CHOICE academy graduates in

 5  employment, and earnings of such graduates.

 6         (f)  Have the authority to promote CHOICE academies and

 7  to provide planning and startup resources.

 8         (8)  Pursuant to appropriation in the General

 9  Appropriations Act, the Department of Education shall award

10  one-time startup funds to five of the school districts

11  designated as participants in the CHOICE project for the

12  development of CHOICE academies. All school districts

13  designated by the department are authorized to establish one

14  or more CHOICE academies without incentive funds.

15         Section 29.  Section 1003.495, Florida Statutes, is

16  created to read:

17         1003.495  Comprehensive career academies.--

18         (1)  The Department of Education shall establish a

19  comprehensive career academy project to provide for the

20  designation of comprehensive career academies in the school

21  districts.

22         (2)  A comprehensive career academy is a career and

23  professional academy that meets the goals and requirements

24  specified in s. 1003.493 and offers a rigorous and relevant

25  academic curriculum that prepares students for college,

26  careers, and productive citizenship.

27         (3)  The Department of Education, in consultation with

28  the school districts, shall adopt criteria for evaluation of

29  comprehensive career academies and an assessment tool based on

30  national standards of practice. The assessment tool must be

31  

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 1  designed so that a comprehensive career academy may use it as

 2  a self-assessment tool.

 3         (4)  Each comprehensive career academy shall perform a

 4  self-assessment using the adopted assessment tool at the end

 5  of the first year of operation and periodically thereafter as

 6  determined by the Department of Education.

 7         (5)  A school district may request the Department of

 8  Education to conduct an assessment of a comprehensive career

 9  academy for purposes of designation by the department as a

10  comprehensive career academy. If the department determines

11  that an academy meets national standards of practice, the

12  department shall designate the academy as a comprehensive

13  career academy.

14         (6)  The Department of Education shall approve or

15  disapprove within 30 days a request by a school district on

16  behalf of a designated comprehensive career academy for the

17  substitution of appropriate rigorous and relevant coursework

18  deemed critical for student success by an industry for

19  coursework required for high school graduation. If the school

20  district does not receive a response to the request within 30

21  days, the district school board shall allow the substitution

22  according to its student progression plan pursuant to s.

23  1003.43(1).

24         Section 30.  Subsection (1) of section 1003.43, Florida

25  Statutes, is amended to read:

26         1003.43  General requirements for high school

27  graduation.--

28         (1)  Graduation requires successful completion of

29  either a minimum of 24 academic credits in grades 9 through 12

30  or an International Baccalaureate curriculum. The 24 credits

31  shall be distributed as follows:

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 1         (a)  Four credits in English, with major concentration

 2  in composition and literature.

 3         (b)  Three credits in mathematics. Effective for

 4  students entering the 9th grade in the 1997-1998 school year

 5  and thereafter, one of these credits must be Algebra I, a

 6  series of courses equivalent to Algebra I, or a higher-level

 7  mathematics course.

 8         (c)  Three credits in science, two of which must have a

 9  laboratory component. Agriscience Foundations I, the core

10  course in secondary Agriscience and Natural Resources

11  programs, counts as one of the science credits.

12         (d)  One credit in American history.

13         (e)  One credit in world history, including a

14  comparative study of the history, doctrines, and objectives of

15  all major political systems.

16         (f)  One-half credit in economics, including a

17  comparative study of the history, doctrines, and objectives of

18  all major economic systems. The Florida Council on Economic

19  Education shall provide technical assistance to the department

20  and district school boards in developing curriculum materials

21  for the study of economics.

22         (g)  One-half credit in American government, including

23  study of the Constitution of the United States. For students

24  entering the 9th grade in the 1997-1998 school year and

25  thereafter, the study of Florida government, including study

26  of the State Constitution, the three branches of state

27  government, and municipal and county government, shall be

28  included as part of the required study of American government.

29         (h)1.  One credit in practical arts career education or

30  exploratory career education. Any career education course as

31  defined in s. 1003.01 may be taken to satisfy the high school

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 1  graduation requirement for one credit in practical arts or

 2  exploratory career education provided in this subparagraph;

 3         2.  One credit in performing fine arts to be selected

 4  from music, dance, drama, painting, or sculpture. A course in

 5  any art form, in addition to painting or sculpture, that

 6  requires manual dexterity, or a course in speech and debate,

 7  may be taken to satisfy the high school graduation requirement

 8  for one credit in performing arts pursuant to this

 9  subparagraph; or

10         3.  One-half credit each in practical arts career

11  education or exploratory career education and performing fine

12  arts, as defined in this paragraph.

13  

14  Such credit for practical arts career education or exploratory

15  career education or for performing fine arts shall be made

16  available in the 9th grade, and students shall be scheduled

17  into a 9th grade course as a priority.

18         (i)  One-half credit in life management skills to

19  include consumer education, positive emotional development,

20  marriage and relationship skill-based education, nutrition,

21  parenting skills, prevention of human immunodeficiency virus

22  infection and acquired immune deficiency syndrome and other

23  sexually transmissible diseases, benefits of sexual abstinence

24  and consequences of teenage pregnancy, information and

25  instruction on breast cancer detection and breast

26  self-examination, cardiopulmonary resuscitation, drug

27  education, and the hazards of smoking.

28         (j)  One credit in physical education to include

29  assessment, improvement, and maintenance of personal fitness.

30  Participation in an interscholastic sport at the junior

31  varsity or varsity level, for two full seasons, shall satisfy

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 1  the one-credit requirement in physical education if the

 2  student passes a competency test on personal fitness with a

 3  score of "C" or better. The competency test on personal

 4  fitness must be developed by the Department of Education. A

 5  district school board may not require that the one credit in

 6  physical education be taken during the 9th grade year.

 7  Completion of one semester with a grade of "C" or better in a

 8  marching band class, in a physical activity class that

 9  requires participation in marching band activities as an

10  extracurricular activity, or in a Reserve Officer Training

11  Corps (R.O.T.C.) class a significant component of which is

12  drills shall satisfy a one-half credit requirement in physical

13  education. This one-half credit may not be used to satisfy the

14  personal fitness requirement or the requirement for adaptive

15  physical education under an individual educational plan (IEP)

16  or 504 plan.

17         (k)  Eight and one-half elective credits.

18  

19  District school boards may award a maximum of one-half credit

20  in social studies and one-half elective credit for student

21  completion of nonpaid voluntary community or school service

22  work. Students choosing this option must complete a minimum of

23  75 hours of service in order to earn the one-half credit in

24  either category of instruction. Credit may not be earned for

25  service provided as a result of court action. District school

26  boards that approve the award of credit for student volunteer

27  service shall develop guidelines regarding the award of the

28  credit, and school principals are responsible for approving

29  specific volunteer activities. A course designated in the

30  Course Code Directory as grade 9 through grade 12 that is

31  taken below the 9th grade may be used to satisfy high school

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 1  graduation requirements or Florida Academic Scholars award

 2  requirements as specified in a district school board's student

 3  progression plan. A student shall be granted credit toward

 4  meeting the requirements of this subsection for equivalent

 5  courses, as identified pursuant to s. 1007.271(6), taken

 6  through dual enrollment. Each district school board's student

 7  progression plan must provide for the substitution of a course

 8  identified in the Course Code Directory and offered in a

 9  designated CHOICE academy under s. 1003.494 or in a designated

10  comprehensive career academy under s. 1003.495 for a credit

11  requirement for graduation under this subsection. A student

12  may make such substitution for a maximum of two of the

13  academic credit requirements.

14         Section 31.  Subsection (7) is added to section

15  288.9015, Florida Statutes, to read:

16         288.9015  Enterprise Florida, Inc.; purpose; duties.--

17         (7)  Enterprise Florida, Inc., shall work with the

18  Department of Education and Workforce Florida, Inc., in the

19  designation of school districts as participants in the CHOICE

20  project pursuant to s. 1003.494.

21         Section 32.  Paragraph (i) is added to subsection (5)

22  of section 445.004, Florida Statutes, to read:

23         445.004  Workforce Florida, Inc.; creation; purpose;

24  membership; duties and powers.--

25         (5)  Workforce Florida, Inc., shall have all the powers

26  and authority, not explicitly prohibited by statute, necessary

27  or convenient to carry out and effectuate the purposes as

28  determined by statute, Pub. L. No. 105-220, and the Governor,

29  as well as its functions, duties, and responsibilities,

30  including, but not limited to, the following:

31  

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 1         (i)  Working with the Department of Education and

 2  Enterprise Florida, Inc., in the implementation of the CHOICE

 3  project pursuant to s. 1003.494.

 4         Section 33.  Section 1003.57, Florida Statutes, is

 5  amended to read:

 6         1003.57  Exceptional students instruction.--

 7         (1)  Each district school board shall provide for an

 8  appropriate program of special instruction, facilities, and

 9  services for exceptional students as prescribed by the State

10  Board of Education as acceptable, including provisions that:

11         (a)(1)  The district school board provide the necessary

12  professional services for diagnosis and evaluation of

13  exceptional students.

14         (b)(2)  The district school board provide the special

15  instruction, classes, and services, either within the district

16  school system, in cooperation with other district school

17  systems, or through contractual arrangements with approved

18  private schools or community facilities that meet standards

19  established by the commissioner.

20         (c)(3)  The district school board annually provide

21  information describing the Florida School for the Deaf and the

22  Blind and all other programs and methods of instruction

23  available to the parent of a sensory-impaired student.

24         (d)(4)  The district school board, once every 3 years,

25  submit to the department its proposed procedures for the

26  provision of special instruction and services for exceptional

27  students.

28         (e)(5)  A No student may not be given special

29  instruction or services as an exceptional student until after

30  he or she has been properly evaluated, classified, and placed

31  in the manner prescribed by rules of the State Board of

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 1  Education. The parent of an exceptional student evaluated and

 2  placed or denied placement in a program of special education

 3  shall be notified of each such evaluation and placement or

 4  denial. Such notice shall contain a statement informing the

 5  parent that he or she is entitled to a due process hearing on

 6  the identification, evaluation, and placement, or lack

 7  thereof. Such hearings shall be exempt from the provisions of

 8  ss. 120.569, 120.57, and 286.011, except to the extent that

 9  the State Board of Education adopts rules establishing other

10  procedures and any records created as a result of such

11  hearings shall be confidential and exempt from the provisions

12  of s. 119.07(1). The hearing must be conducted by an

13  administrative law judge from the Division of Administrative

14  Hearings of the Department of Management Services. The

15  decision of the administrative law judge shall be final,

16  except that any party aggrieved by the finding and decision

17  rendered by the administrative law judge shall have the right

18  to bring a civil action in the circuit court. In such an

19  action, the court shall receive the records of the

20  administrative hearing and shall hear additional evidence at

21  the request of either party. In the alternative, any party

22  aggrieved by the finding and decision rendered by the

23  administrative law judge shall have the right to request an

24  impartial review of the administrative law judge's order by

25  the district court of appeal as provided by s. 120.68.

26  Notwithstanding any law to the contrary, during the pendency

27  of any proceeding conducted pursuant to this section, unless

28  the district school board and the parents otherwise agree, the

29  student shall remain in his or her then-current educational

30  assignment or, if applying for initial admission to a public

31  school, shall be assigned, with the consent of the parents, in

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 1  the public school program until all such proceedings have been

 2  completed.

 3         (f)(6)  In providing for the education of exceptional

 4  students, the district school superintendent, principals, and

 5  teachers shall utilize the regular school facilities and adapt

 6  them to the needs of exceptional students to the maximum

 7  extent appropriate. Segregation of exceptional students shall

 8  occur only if the nature or severity of the exceptionality is

 9  such that education in regular classes with the use of

10  supplementary aids and services cannot be achieved

11  satisfactorily.

12         (g)(7)  In addition to the services agreed to in a

13  student's individual education plan, the district school

14  superintendent shall fully inform the parent of a student

15  having a physical or developmental disability of all available

16  services that are appropriate for the student's disability.

17  The superintendent shall provide the student's parent with a

18  summary of the student's rights.

19         (2)(a)  An exceptional student with a disability who

20  resides in a residential facility and receives special

21  instruction or services is considered a resident of the state

22  in which the student's parent is a resident. The cost of such

23  instruction, facilities, and services for a nonresident

24  student with a disability shall be provided by the placing

25  authority in the student's state of residence, such as a

26  public school entity, other placing authority, or parent. A

27  nonresident student with a disability may not be reported by

28  any school district for FTE funding in the Florida Education

29  Finance Program.

30         (b)  The Department of Education shall provide to each

31  school district a statement of the specific limitations of the

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 1  district's financial obligation for exceptional students with

 2  disabilities under federal and state law. The department shall

 3  also provide to each school district technical assistance as

 4  necessary for developing a local plan to impose on a student's

 5  home state the fiscal responsibility for educating a

 6  nonresident exceptional student with a disability.

 7         (c)  The Department of Education shall develop a

 8  process by which a school district must, before providing

 9  services to an exceptional student with a disability who

10  resides in a residential facility in this state, review the

11  residency of the student. The residential facility, not the

12  district, is responsible for billing and collecting from a

13  nonresidential student's home state payment for the student's

14  educational and related services.

15         (d)  This subsection applies to any nonresident student

16  with a disability who resides in a residential facility and

17  who receives instruction as an exceptional student with a

18  disability in any type of residential facility in this state,

19  including, but not limited to, a public school, a private

20  school, a group home facility as defined in s. 393.063, an

21  intensive residential treatment program for children and

22  adolescents as defined in s. 395.002, a facility as defined in

23  s. 394.455, an intermediate care facility for the

24  developmentally disabled or ICF/DD as defined in s. 393.063 or

25  s. 400.960, or a community residential home as defined in s.

26  419.001.

27         Section 34.  Section 1003.576, Florida Statutes, is

28  created to read:

29         1003.576  Individual education plans for exceptional

30  students.--The Department of Education shall develop an

31  individual education plan (IEP) form for use in developing and

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 1  implementing individual education plans for exceptional

 2  students. The IEP form must have a streamlined format and, to

 3  provide for the use of an existing IEP form when a student

 4  transfers from one school district to another, the IEP form

 5  developed by the department must be used in each school

 6  district in the state.

 7         Section 35.  Subsection (3) of section 1003.58, Florida

 8  Statutes, is amended to read:

 9         1003.58  Students in residential care facilities.--Each

10  district school board shall provide educational programs

11  according to rules of the State Board of Education to students

12  who reside in residential care facilities operated by the

13  Department of Children and Family Services.

14         (3)  The district school board shall have full and

15  complete authority in the matter of the assignment and

16  placement of such students in educational programs. The parent

17  of an exceptional student shall have the same due process

18  rights as are provided under s. 1003.57(1)(e) s. 1003.57(5).

19  

20  Notwithstanding the provisions herein, the educational program

21  at the Marianna Sunland Center in Jackson County shall be

22  operated by the Department of Education, either directly or

23  through grants or contractual agreements with other public or

24  duly accredited educational agencies approved by the

25  Department of Education.

26         Section 36.  Paragraph (a) of subsection (1) and

27  paragraph (a) of subsection (2) of section 1003.62, Florida

28  Statutes, are amended to read:

29         1003.62  Academic performance-based charter school

30  districts.--The State Board of Education may enter into a

31  performance contract with district school boards as authorized

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 1  in this section for the purpose of establishing them as

 2  academic performance-based charter school districts. The

 3  purpose of this section is to examine a new relationship

 4  between the State Board of Education and district school

 5  boards that will produce significant improvements in student

 6  achievement, while complying with constitutional and statutory

 7  requirements assigned to each entity.

 8         (1)  ACADEMIC PERFORMANCE-BASED CHARTER SCHOOL

 9  DISTRICT.--

10         (a)  A school district shall be eligible for

11  designation as an academic performance-based charter school

12  district if it is a high-performing school district in which a

13  minimum of 50 percent of the schools earn a performance grade

14  of category "A" or "B" and in which no school earns a

15  performance grade of category "D" or "F" for 2 consecutive

16  years pursuant to s. 1008.34. Schools that receive a

17  performance grade of category "I" or "N" shall not be included

18  in this calculation. The performance contract for a school

19  district that earns a charter based on school performance

20  grades shall be predicated on maintenance of at least 50

21  percent of the schools in the school district earning a

22  performance grade of category "A" or "B" with no school in the

23  school district earning a performance grade of category "D" or

24  "F" for 2 consecutive years. A school district in which the

25  number of schools that earn a performance grade of "A" or "B"

26  is less than 50 percent may have its charter renewed for 1

27  year; however, if the percentage of "A" or "B" schools is less

28  than 50 percent for 2 consecutive years, the charter shall not

29  be renewed.

30         (2)  EXEMPTION FROM STATUTES AND RULES.--

31  

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 1         (a)  An academic performance-based charter school

 2  district shall operate in accordance with its charter and

 3  shall be exempt from certain State Board of Education rules

 4  and statutes if the State Board of Education determines such

 5  an exemption will assist the district in maintaining or

 6  improving its high-performing status pursuant to paragraph

 7  (1)(a). However, the State Board of Education may not exempt

 8  an academic performance-based charter school district from any

 9  of the following statutes:

10         1.  Those statutes pertaining to the provision of

11  services to students with disabilities.

12         2.  Those statutes pertaining to civil rights,

13  including s. 1000.05, relating to discrimination.

14         3.  Those statutes pertaining to student health,

15  safety, and welfare.

16         4.  Those statutes governing the election or

17  compensation of district school board members.

18         5.  Those statutes pertaining to the student assessment

19  program and the school grading system, including chapter 1008.

20         6.  Those statutes pertaining to financial matters,

21  including chapter 1010.

22         7.  Those statutes pertaining to planning and

23  budgeting, including chapter 1011, except that ss. 1011.64 and

24  1011.69 shall be eligible for exemption.

25         8.  Sections 1012.22(1)(c) and 1012.27(2), relating to

26  differentiated pay and performance-pay policies for school

27  administrators and instructional personnel. Professional

28  service contracts shall be subject to the provisions of ss.

29  1012.33 and 1012.34.

30         9.  Those statutes pertaining to educational

31  facilities, including chapter 1013, except as specified under

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 1  contract with the State Board of Education. However, no

 2  contractual provision that could have the effect of requiring

 3  the appropriation of additional capital outlay funds to the

 4  academic performance-based charter school district shall be

 5  valid.

 6         Section 37.  Section 1004.64, Florida Statutes, is

 7  created to read:

 8         1004.64  Florida Center for Reading Research.--There is

 9  created at the Florida State University, the Florida Center

10  for Reading Research (FCRR). The center shall include two

11  outreach centers, one at a central Florida community college

12  and one at a south Florida state university. The center and

13  the outreach centers, under the center's leadership, shall:

14         (1)  Provide technical assistance and support to all

15  school districts and schools in this state in the

16  implementation of evidence-based literacy instruction,

17  assessments, programs, and professional development.

18         (2) Conduct applied research that will have an

19  immediate impact on policy and practices related to literacy

20  instruction and assessment in this state with an emphasis on

21  struggling readers and reading in the content area strategies

22  and methods for secondary teachers.

23         (3)  Conduct basic research on reading, reading growth,

24  reading assessment, and reading instruction which will

25  contribute to scientific knowledge about reading.

26         (4)  Collaborate with the Just Read! Florida Office and

27  school districts in the development of frameworks for

28  comprehensive reading intervention courses for possible use in

29  middle schools and secondary schools.

30         (5)  Collaborate with the Just Read! Florida Office and

31  school districts in the development of frameworks for

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 1  professional development activities, using multiple delivery

 2  methods for teaching reading in the content area.

 3         (6)  Disseminate information about research-based

 4  practices related to literacy instruction, assessment, and

 5  programs for students in preschool through grade 12.

 6         (7)  Collect, manage, and report on assessment

 7  information from screening, progress monitoring, and outcome

 8  assessments through the Florida Progress Monitoring and

 9  Reporting Network. The network is a statewide resource that is

10  operated to provide valid and timely reading assessment data

11  for parents, teachers, principals, and district-level and

12  state-level staff in the management of instruction at the

13  individual, classroom, and school levels.

14         Section 38.  Subsection (4) of section 1006.09, Florida

15  Statutes, is amended to read:

16         1006.09  Duties of school principal relating to student

17  discipline and school safety.--

18         (4)  When a student has been the victim of a violent

19  crime perpetrated by another student who attends the same

20  school, the school principal shall make full and effective use

21  of the provisions of subsection (2) and s. 1006.13(5). A

22  school principal who fails to comply with this subsection

23  shall be ineligible for any portion of the performance pay

24  policy incentive or the differentiated pay under s. 1012.22 s.

25  1012.22(1)(c). However, if any party responsible for

26  notification fails to properly notify the school, the school

27  principal shall be eligible for the incentive or

28  differentiated pay.

29         Section 39.  Section 1007.21, Florida Statutes, is

30  amended to read:

31  

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 1         1007.21  Readiness for postsecondary education and the

 2  workplace.--

 3         (1)  It is the intent of the Legislature that students

 4  and parents develop academic set early achievement and career

 5  goals for the student's post-high-school post-high school

 6  experience during the middle grades. This section sets forth a

 7  model which schools, through their school advisory councils,

 8  may choose to implement to ensure that students are ready for

 9  postsecondary education and the workplace. If such a program

10  is adopted, students and their parents shall have the option

11  of participating in this model to plan the student's secondary

12  level course of study. Parents and students are to become

13  partners with school personnel in career exploration and

14  educational decisionmaking choice. Clear academic course

15  expectations that emphasize rigorous and relevant coursework

16  shall be made available to all students by allowing both

17  student and parent choice.

18         (2)(a)  Students entering the 9th grade and their

19  parents shall have developed during the middle grades a 4- to

20  5-year academic and career plan based on postsecondary and

21  career be active participants in choosing an

22  end-of-high-school student destination based upon both student

23  and parent goals. Alternate career and academic Four or more

24  destinations should be considered available with bridges

25  between destinations to enable students to shift academic and

26  career priorities if destinations should they choose to change

27  goals. The destinations shall accommodate the needs of

28  students served in exceptional education programs to the

29  extent appropriate for individual students. Exceptional

30  education students may continue to follow the courses outlined

31  in the district school board student progression plan.

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 1  Participating Students and their parents shall choose among

 2  destinations, which must include:

 3         1.  Four-year college or university, community college

 4  plus university, or military academy degree.

 5         2.  Two-year postsecondary degree.

 6         3.  Postsecondary career certificate.

 7         4.  Immediate employment or entry-level military.

 8         5.  A combination of the above.

 9         (b)  The student progression model toward a chosen

10  destination shall include:

11         1.  A "path" of core courses leading to each of the

12  destinations provided in paragraph (a).

13         2.  A recommended group of electives which shall help

14  define each path.

15         3.  Provisions for a teacher, school administrator,

16  other school staff member, or community volunteer to be

17  assigned to a student as an "academic advocate" if parental

18  involvement is lacking.

19         (c)  The common placement test authorized in ss.

20  1001.03(10) and 1008.30 or a similar test may be administered

21  to all high school second semester sophomores who have chosen

22  one of the four destinations.  The results of the placement

23  test shall be used to target additional instructional needs in

24  reading, writing, and mathematics prior to graduation.

25         (d)  Ample opportunity shall be provided for students

26  to move from one destination to another, and some latitude

27  shall exist within each destination, to meet the individual

28  needs of students.

29         (e)  Destinations specified in subparagraphs (a)1., 2.,

30  and 3. shall support the goals of the Tech Prep program.

31  Students participating in Tech Prep shall be enrolled in

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 1  articulated, sequential programs of study that include a

 2  technical component and at least a minimum of a postsecondary

 3  certificate or 2-year degree.

 4         (f)  In order for these destinations to be attainable,

 5  the business community shall be encouraged to support

 6  real-world internships and apprenticeships.

 7         (g)  All students shall be encouraged to take part in

 8  service learning opportunities.

 9         (h)  High school equivalency diploma preparation

10  programs shall not be a choice for high school students

11  leading to any of the four destinations provided in paragraph

12  (a) since the appropriate coursework, counseling component,

13  and career preparation cannot be ensured.

14         (i)  Schools shall ensure that students and parents are

15  made aware of the destinations available and provide the

16  necessary coursework to assist the student in reaching the

17  chosen destination.  Students and parents shall be made aware

18  of the student's progress toward the chosen destination.

19         (j)  The Department of Education shall offer technical

20  assistance to school districts to ensure that the destinations

21  offered also meet the academic standards adopted by the state.

22         (3)(a)  Access to Level I courses for graduation credit

23  and for pursuit of a declared destination shall be limited to

24  only those students for whom assessment indicates a more

25  rigorous course of study would be inappropriate.

26         (b)  The school principal shall:

27         1.  Designate a member of the existing instructional or

28  administrative staff to serve as a specialist to help

29  coordinate the use of student achievement strategies to help

30  students succeed in their coursework. The specialist shall

31  also assist teachers in integrating the academic and career

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 1  curricula, utilizing technology, providing feedback regarding

 2  student achievement, and implementing the Blueprint for Career

 3  Preparation and Tech Prep programs.

 4         2.  Institute strategies to eliminate reading, writing,

 5  and mathematics deficiencies of secondary students.

 6         Section 40.  Paragraph (c) of subsection (3) of section

 7  1007.2615, Florida Statutes, is amended to read:

 8         1007.2615  American Sign Language; findings;

 9  foreign-language credits authorized; teacher licensing.--

10         (3)  DUTIES OF COMMISSIONER OF EDUCATION AND STATE

11  BOARD OF EDUCATION; LICENSING OF AMERICAN SIGN LANGUAGE

12  TEACHERS; PLAN FOR POSTSECONDARY EDUCATION PROVIDERS.--

13         (c)  An ASL teacher must be certified by the Department

14  of Education by July 1, 2009 January 1, 2008, and must obtain

15  current certification through the Florida American Sign

16  Language Teachers' Association (FASLTA) by January 1, 2006.

17  New FASLTA certification may be used by current ASL teachers

18  as an alternative certification track.

19         Section 41.  Subsections (5) and (16) of section

20  1007.271, Florida Statutes, are amended to read:

21         1007.271  Dual enrollment programs.--

22         (5)  Each district school board shall inform all

23  secondary students of dual enrollment as an educational option

24  and mechanism for acceleration. Students shall be informed of

25  eligibility criteria, the option for taking dual enrollment

26  courses beyond the regular school year, and the minimum

27  academic credits required for graduation. District school

28  boards shall annually assess the demand for dual enrollment

29  and other advanced courses, and the district school board

30  shall consider strategies and programs to meet that demand and

31  include access to dual enrollment on the high school campus

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 1  whenever possible. Alternative grade calculation, weighting

 2  systems, or information regarding student education options

 3  which discriminates against dual enrollment courses are

 4  prohibited.

 5         (16)  Beginning with students entering grade 9 in the

 6  2006-2007 school year, school districts and community colleges

 7  must weigh college level dual enrollment courses the same as

 8  honors courses and advanced placement, International

 9  Baccalaureate, and Advanced International Certificate of

10  Education courses when grade point averages are calculated.

11  Alternative grade calculation or weighting systems that

12  discriminate against dual enrollment courses are prohibited.

13         Section 42.  Paragraphs (c) and (f) of subsection (1),

14  paragraphs (c) and (e) of subsection (3), and subsection (9)

15  of section 1008.22, Florida Statutes, are amended, paragraph

16  (f) is added to subsection (3) of that section, present

17  subsection (10) of that section is redesignated as subsection

18  (11), and a new subsection (10) is added to that section, to

19  read:

20         1008.22  Student assessment program for public

21  schools.--

22         (1)  PURPOSE.--The primary purposes of the student

23  assessment program are to provide information needed to

24  improve the public schools by enhancing the learning gains of

25  all students and to inform parents of the educational progress

26  of their public school children.  The program must be designed

27  to:

28         (c)  Identify the educational strengths and needs of

29  students and the readiness of students to be promoted to the

30  next grade level or to graduate from high school with a

31  standard or special high school diploma.

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 1         (f)  Provide information on the performance of Florida

 2  students compared with that of other students others across

 3  the United States.

 4         (3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner

 5  shall design and implement a statewide program of educational

 6  assessment that provides information for the improvement of

 7  the operation and management of the public schools, including

 8  schools operating for the purpose of providing educational

 9  services to youth in Department of Juvenile Justice programs.

10  The commissioner may enter into contracts for the continued

11  administration of the assessment, testing, and evaluation

12  programs authorized and funded by the Legislature. Contracts

13  may be initiated in 1 fiscal year and continue into the next

14  and may be paid from the appropriations of either or both

15  fiscal years. The commissioner is authorized to negotiate for

16  the sale or lease of tests, scoring protocols, test scoring

17  services, and related materials developed pursuant to law.

18  Pursuant to the statewide assessment program, the commissioner

19  shall:

20         (c)  Develop and implement a student achievement

21  testing program known as the Florida Comprehensive Assessment

22  Test (FCAT) as part of the statewide assessment program, to be

23  administered annually in grades 3 through 10 to measure

24  reading, writing, science, and mathematics. Other content

25  areas may be included as directed by the commissioner. The

26  assessment of reading and mathematics shall be administered

27  annually in grades 3 through 10. The assessment of writing and

28  science shall be administered at least once at the elementary,

29  middle, and high school levels. The commissioner must document

30  the procedures used to ensure that the versions of the FCAT

31  which are taken by students retaking the grade 10 FCAT are

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 1  equally as challenging and difficult as the tests taken by

 2  students in grade 10 which contain performance tasks. The

 3  testing program must be designed so that:

 4         1.  The tests measure student skills and competencies

 5  adopted by the State Board of Education as specified in

 6  paragraph (a). The tests must measure and report student

 7  proficiency levels of all students in reading, writing,

 8  mathematics, and science. The commissioner shall provide for

 9  the tests to be developed or obtained, as appropriate, through

10  contracts and project agreements with private vendors, public

11  vendors, public agencies, postsecondary educational

12  institutions, or school districts. The commissioner shall

13  obtain input with respect to the design and implementation of

14  the testing program from regular and exceptional students,

15  state educators, assistive technology experts, and the public.

16         2.  The testing program will include a combination of

17  norm-referenced and criterion-referenced tests and include, to

18  the extent determined by the commissioner, questions that

19  require the student to produce information or perform tasks in

20  such a way that the skills and competencies he or she uses can

21  be measured.

22         3.  Each testing program, whether at the elementary,

23  middle, or high school level, includes a test of writing in

24  which students are required to produce writings that are then

25  scored by appropriate and timely methods.

26         4.  A score is designated for each subject area tested,

27  below which score a student's performance is deemed

28  inadequate. The school districts shall provide appropriate

29  remedial instruction to students who score below these levels.

30         5.  Except as provided in s. 1003.43(11)(b), students

31  must earn a passing score on the grade 10 assessment test

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 1  described in this paragraph or attain concordant scores on an

 2  alternate assessment as described in subsection (9) in

 3  reading, writing, and mathematics to qualify for a standard

 4  regular high school diploma. The State Board of Education

 5  shall designate a passing score for each part of the grade 10

 6  assessment test. In establishing passing scores, the state

 7  board shall consider any possible negative impact of the test

 8  on minority students. All students who took the grade 10 FCAT

 9  during the 2000-2001 school year shall be required to earn the

10  passing scores in reading and mathematics established by the

11  State Board of Education for the March 2001 test

12  administration. Such students who did not earn the established

13  passing scores and must repeat the grade 10 FCAT are required

14  to earn the passing scores established for the March 2001 test

15  administration. All students who take the grade 10 FCAT for

16  the first time in March 2002 shall be required to earn the

17  passing scores in reading and mathematics established by the

18  State Board of Education for the March 2002 test

19  administration. The State Board of Education shall adopt rules

20  which specify the passing scores for the grade 10 FCAT. Any

21  such rules, which have the effect of raising the required

22  passing scores, shall only apply to students taking the grade

23  10 FCAT for the first time after such rules are adopted by the

24  State Board of Education.

25         6.  Participation in the testing program is mandatory

26  for all students attending public school, including students

27  served in Department of Juvenile Justice programs, except as

28  otherwise prescribed by the commissioner. If a student does

29  not participate in the statewide assessment, the district must

30  notify the student's parent and provide the parent with

31  information regarding the implications of the such

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 1  nonparticipation. If modifications are made in the student's

 2  instruction to provide accommodations that would not be

 3  permitted on the statewide assessment tests, the district must

 4  notify the student's parent of the implications of such

 5  instructional modifications. A parent must provide signed

 6  consent for a student to receive accommodations in the

 7  classroom instructional modifications that would not be

 8  permitted on the statewide assessments and must acknowledge in

 9  writing that he or she understands the implications of such

10  accommodations. The State Board of Education shall adopt

11  rules, based upon recommendations of the commissioner, for the

12  provision of test accommodations and modifications of

13  procedures as necessary for students in exceptional education

14  programs and for students who have limited English

15  proficiency. Accommodations  that negate the validity of a

16  statewide assessment are not allowable in the administration

17  of the FCAT but are allowable in the classroom if included in

18  a student's individual education plan. Students using an FCAT

19  nonallowable accommodation in the classroom may have the FCAT

20  requirement waived pursuant to s. 1003.43(11)(b).

21         7.  A student seeking an adult high school diploma must

22  meet the same testing requirements that a regular high school

23  student must meet.

24         8.  District school boards must provide instruction to

25  prepare students to demonstrate proficiency in the skills and

26  competencies necessary for successful grade-to-grade

27  progression and high school graduation. If a student is

28  provided with accommodations or modifications that are not

29  allowable in the statewide assessment program, as described in

30  the test manuals, the district must inform the parent in

31  writing and must provide the parent with information regarding

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 1  the impact on the student's ability to meet expected

 2  proficiency levels in reading, writing, and math. The

 3  commissioner shall conduct studies as necessary to verify that

 4  the required skills and competencies are part of the district

 5  instructional programs.

 6         9.  District school boards must provide opportunities

 7  for students to retake the FCAT following enrollment in summer

 8  academies.

 9         10.9.  The Department of Education must develop, or

10  select, and implement a common battery of assessment tools

11  that will be used in all juvenile justice programs in the

12  state. These tools must accurately measure the skills and

13  competencies established in the Florida Sunshine State

14  Standards.

15         11.  For students seeking a special diploma pursuant to

16  s. 1003.438, the Department of Education must develop, or

17  select and implement, a common battery of assessment tools

18  that accurately measure the skills and competencies

19  established in the Sunshine State Standards under s. 1003.438

20  for students with significant cognitive disabilities.

21  

22  The commissioner may, based on collaboration and input from

23  school districts, design and implement student testing

24  programs, for any grade level and subject area, necessary to

25  effectively measure educational achievement of the Sunshine

26  State Standards for students with significant cognitive

27  disabilities monitor educational achievement in the state.

28  Development and refinement shall include universal design

29  principles and accessibility standards or web-based

30  assessments that will prevent any unintended obstacles for

31  students with disabilities while ensuring the validity and

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 1  reliability of the test. The field testing process and

 2  psychometric analyses for the statewide assessment program

 3  formats must include an appropriate percentage of students

 4  with disabilities and an evaluation or determination of the

 5  effect of test items on such students.

 6         (e)  Conduct ongoing research and analysis of student

 7  achievement data, including, without limitation, monitoring

 8  trends in student achievement by grade level and overall

 9  student achievement, identifying school programs that are

10  successful, and analyzing correlates of school achievement.

11         (f)  Research the cost and student achievement impact

12  of developing and establishing secondary school end-of-course

13  assessments based on identified course competencies and

14  including web-based and performance formats. Reports must be

15  made to the Legislature prior to implementation.

16         (9)  EQUIVALENCIES FOR STANDARDIZED TESTS.--

17         (a)  The State Board of Education shall conduct

18  concordance studies, as necessary, in order to determine

19  scores on the SAT and the ACT which are equivalent to those

20  required on the FCAT for high school graduation pursuant to s.

21  1003.429(6)(a) or s. 1003.43(5)(a).

22         (b)(a)  The Commissioner of Education shall approve the

23  use of the SAT and ACT tests as alternative assessments to the

24  grade 10 FCAT for the 2003-2004 school year. Students who

25  attain scores on the SAT or ACT which equate to the passing

26  scores on the grade 10 FCAT for purposes of high school

27  graduation shall satisfy the assessment requirement for a

28  standard high school diploma as provided in s. 1003.429(6)(a)

29  or s. 1003.43(5)(a) for the 2003-2004 school year if the

30  students meet the requirement in paragraph (c) (b).

31  

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 1         (c)(b)  A student shall be required to take each

 2  subject area of the grade 10 FCAT a total of three times

 3  without earning a passing score in order to use the

 4  corresponding subject area scores on an alternative assessment

 5  pursuant to paragraph (b) (a). This requirement shall not

 6  apply to a new student who enters is a new student to the

 7  public school system in grade 12, who may take the FCAT or use

 8  approved score equivalencies for the purpose of fulfilling the

 9  graduation requirement.

10         (d)  The State Board of Education may define by rule

11  the allowable uses, other than to satisfy the high school

12  graduation requirement, of concordant scores as described in

13  this subsection. Such uses may include, but need not be

14  limited to, achieving appropriate standardized test scores

15  required for the awarding of Florida Bright Futures

16  Scholarships and for college placement.

17         (10)  REPORTS.--The Department of Education shall

18  annually provide a report to the Governor, the President of

19  the Senate, and the Speaker of the House of Representatives on

20  the following:

21         (a)  Longitudinal performance of students in

22  mathematics and reading.

23         (b)  Longitudinal performance of students by grade

24  level in mathematics and reading.

25         (c)  Longitudinal performance regarding efforts to

26  close the achievement gap.

27         (d)  Longitudinal performance of students on the

28  norm-referenced component of the FCAT.

29         (e)  Other student performance data based on national

30  norm-referenced and criterion-referenced tests, when

31  

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 1  available, and numbers of students who after 8th grade enroll

 2  in adult education rather than secondary education.

 3         Section 43.  Subsection (4) of section 1008.25, Florida

 4  Statutes, is amended to read:

 5         1008.25  Public school student progression; remedial

 6  instruction; reporting requirements.--

 7         (4)  ASSESSMENT AND REMEDIATION.--

 8         (a)  Each student must participate in the statewide

 9  assessment tests required by s. 1008.22. Each student who does

10  not meet specific levels of performance as determined by the

11  district school board in reading, writing, science, and

12  mathematics for each grade level, or who scores below Level 3

13  in reading or math does not meet specific levels of

14  performance as determined by the commissioner on statewide

15  assessments at selected grade levels, must be provided with

16  additional diagnostic assessments to determine the nature of

17  the student's difficulty, the and areas of academic need, and

18  strategies for appropriate intervention and instruction.

19         (b)  The school in which the student is enrolled must

20  develop, in consultation with the student's parent, and must

21  implement a progress monitoring an academic improvement plan

22  designed to assist the student in meeting state and district

23  expectations for proficiency. For secondary students who score

24  below Level 3 in reading and math, these provisions shall be

25  included within the academic and career plans pursuant to s.

26  1003.415(5). For a student for whom a personalized middle

27  school success plan is required pursuant to s. 1003.415, the

28  middle school success plan must be incorporated in the

29  student's academic improvement plan. Beginning with the

30  2006-2007 2002-2003 school year, if the student has been

31  identified as having a deficiency in reading or math, the

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 1  progress monitoring academic improvement plan shall identify

 2  the student's specific areas of deficiency or skills gaps in

 3  math and reading phonemic awareness, phonics, fluency,

 4  comprehension, and vocabulary; the desired levels of

 5  performance in these areas; and the instructional and support

 6  services to be provided to meet the desired levels of

 7  performance. Schools shall also provide for the frequent

 8  monitoring of the student's progress in meeting the desired

 9  levels of performance. District school boards shall assist

10  schools and teachers to implement research-based reading and

11  math activities and instructional strategies that have been

12  shown to be successful with in teaching reading to

13  low-performing students. Intensive remedial instruction

14  provided during middle and high school to students scoring at

15  Level I on the most recently administered FCAT may not be in

16  lieu of English and mathematics credits required for

17  graduation.

18         (c)  Upon subsequent evaluation, if the documented

19  deficiency has not been remediated in accordance with the

20  progress monitoring academic improvement plan, the student may

21  be retained. Each student who does not meet the minimum

22  performance expectations defined by the Commissioner of

23  Education for the statewide assessment tests in reading,

24  writing, science, and mathematics must continue to be provided

25  with remedial or supplemental instruction until the

26  expectations are met or the student graduates from high school

27  or is not subject to compulsory school attendance.

28         Section 44.  Section 1008.301, Florida Statutes, is

29  repealed.

30         Section 45.  Section 1008.31, Florida Statutes, is

31  amended to read:

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 1         1008.31  Florida's K-20 education performance

 2  accountability system; legislative intent; performance-based

 3  funding; mission, goals, and systemwide measures; public

 4  accountability and reporting.--

 5         (1)  LEGISLATIVE INTENT.--It is the intent of the

 6  Legislature that:

 7         (a)  The performance accountability system implemented

 8  to assess the effectiveness of Florida's seamless K-20

 9  education delivery system provide answers to the following

10  questions in relation to its mission and goals:

11         1.  What is the public receiving in return for funds it

12  invests in education?

13         2.  How effectively is Florida's K-20 education system

14  educating its students?

15         3.  How effectively are the major delivery sectors

16  promoting student achievement?

17         4.  How are individual schools and postsecondary

18  education institutions performing their responsibility to

19  educate their students, as measured by student performance,

20  student how students are performing and how much they are

21  learning, and actual completion rates?

22         (b)  The K-20 education performance accountability

23  system be established as a single, unified accountability

24  system with multiple components, including, but not limited

25  to, measures of adequate yearly progress, individual student

26  learning gains in public schools, school grades, and return on

27  investment.

28         (c)  The K-20 education performance accountability

29  system comply with the accountability requirements of the "No

30  Child Left Behind Act of 2001," Pub. L. No. 107-110.

31  

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 1         (d)  The State Board of Education recommend to the

 2  Legislature systemwide performance standards; the Legislature

 3  establish systemwide performance measures and standards; and

 4  the systemwide measures and standards provide Floridians with

 5  information on what the public is receiving in return for the

 6  funds it invests in education and how well the K-20 system

 7  educates its students.

 8         (e)  The State Board of Education establish performance

 9  measures and set performance standards for individual

10  components of the public education system, including

11  individual schools and postsecondary educational institutions,

12  with measures and standards based primarily on student

13  achievement.

14         (2)  MISSION, GOALS, AND SYSTEMWIDE MEASURES.--

15         (a)  The mission of Florida's K-20 education system

16  shall be to increase the proficiency of all students within

17  one seamless, efficient system, by allowing them the

18  opportunity to expand their knowledge and skills through

19  learning opportunities and research valued by students,

20  parents, and communities.

21         (b)  The process State Board of Education shall adopt

22  guiding principles for establishing state and sector-specific

23  standards and measures must be:.

24         1.  Focused on student success.

25         2.  Addressable through policy and program changes.

26         3.  Efficient and of high quality.

27         4.  Measurable over time.

28         5.  Simple to explain and display to the public.

29         6.  Aligned with other measures and other sectors in

30  order to support a coordinated K-20 education system.

31  

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 1         (c)  The Department State Board of Education shall

 2  maintain an accountability system that measures student

 3  progress toward the following goals:

 4         1.  Highest student achievement, as indicated by

 5  evidence of gains in student learning at all levels measured

 6  by: student FCAT performance and annual learning gains; the

 7  number and percentage of schools that improve at least one

 8  school performance grade designation or maintain a school

 9  performance grade designation of "A" pursuant to s. 1008.34;

10  graduation or completion rates at all learning levels; and

11  other measures identified in law or rule.

12         2.  Seamless articulation and maximum access, as

13  measured by evidence of progression, readiness, and access by

14  targeted groups of students identified by the Commissioner of

15  Education.: the percentage of students who demonstrate

16  readiness for the educational level they are entering, from

17  kindergarten through postsecondary education and into the

18  workforce; the number and percentage of students needing

19  remediation; the percentage of Floridians who complete

20  associate, baccalaureate, graduate, professional, and

21  postgraduate degrees; the number and percentage of credits

22  that articulate; the extent to which each set of exit-point

23  requirements matches the next set of entrance-point

24  requirements; the degree to which underserved populations

25  access educational opportunity; the extent to which access is

26  provided through innovative educational delivery strategies;

27  and other measures identified in law or rule.

28         3.  Skilled workforce and economic development, as

29  measured by evidence of employment and earnings: the number

30  and percentage of graduates employed in their areas of

31  preparation; the percentage of Floridians with high school

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 1  diplomas and postsecondary education credentials; the

 2  percentage of business and community members who find that

 3  Florida's graduates possess the skills they need; national

 4  rankings; and other measures identified in law or rule.

 5         4.  Quality efficient services, as measured by evidence

 6  of return on investment: cost per completer or graduate;

 7  average cost per noncompleter at each educational level; cost

 8  disparity across institutions offering the same degrees; the

 9  percentage of education customers at each educational level

10  who are satisfied with the education provided; and other

11  measures identified in law or rule.

12         5.  Other goals, as identified by law or rule.

13         (3)  K-20 EDUCATION DATA QUALITY IMPROVEMENTS

14  SYSTEMWIDE DATA COLLECTION.--In order to provide the data

15  required to implement education performance accountability

16  measures in state and federal law, the Commissioner of

17  Education shall initiate and maintain strategies to improve

18  data quality and timeliness.

19         (a)  School districts and public postsecondary

20  educational institutions shall maintain information systems

21  that will provide the State Board of Education, the Board of

22  Governors of the State University System, and the Legislature

23  with information and reports necessary to address the

24  specifications of the accountability system. The State Board

25  of Education shall determine the standards for the required

26  data. The level of comprehensiveness and quality shall be no

27  less than that which was available as of June 30, 2001.

28         (b)  The Commissioner of Education shall determine the

29  standards for the required data, monitor data quality, and

30  measure improvements. The commissioner shall report annually

31  to the State Board of Education, the Board of Governors of the

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 1  State University System, the President of the Senate, and the

 2  Speaker of the House of Representatives the data quality

 3  indicators, ratings for all school districts and public

 4  postsecondary educational institutions, and information on

 5  Florida's calculation of graduation rates and how this

 6  compares to calculation methods by other states.

 7         (4)  REPORTING OR DATA COLLECTION.--The department

 8  shall coordinate with school districts in developing any

 9  reporting or data-collection requirements to address the

10  specifications of the accountability system. Before

11  establishing any new reporting or data-collection

12  requirements, the department shall use any existing data being

13  collected to reduce duplication and minimize paperwork.

14         Section 46.  Section 1008.33, Florida Statutes, is

15  amended to read:

16         1008.33  Authority to enforce public school

17  improvement.--It is the intent of the Legislature that all

18  public schools be held accountable for students performing at

19  acceptable levels.  A system of school improvement and

20  accountability that assesses student performance by school,

21  identifies schools in which students are not making adequate

22  progress toward state standards, institutes appropriate

23  measures for enforcing improvement, and provides rewards and

24  sanctions based on performance shall be the responsibility of

25  the State Board of Education.

26         (1)  Pursuant to Art. IX of the State Constitution

27  prescribing the duty of the State Board of Education to

28  supervise Florida's public school system and notwithstanding

29  any other statutory provisions to the contrary, the State

30  Board of Education shall intervene in the operation of a

31  district school system when one or more schools in the school

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 1  district have failed to make adequate progress for 2 school

 2  years in a 4-year period. For purposes of determining when a

 3  school is eligible for state board action and opportunity

 4  scholarships for its students, the terms "2 years in any

 5  4-year period" and "2 years in a 4-year period" mean that in

 6  any year that a school has a grade of "F," the school is

 7  eligible for state board action and opportunity scholarships

 8  for its students if it also has had a grade of "F" in any of

 9  the previous 3 school years. The State Board of Education may

10  determine that the school district or school has not taken

11  steps sufficient for students in the school to be academically

12  well served. Considering recommendations of the Commissioner

13  of Education, the State Board of Education shall recommend

14  action to a district school board intended to improve

15  educational services to students in each school that is

16  designated with a as performance grade of category "F."

17  Recommendations for actions to be taken in the school district

18  shall be made only after thorough consideration of the unique

19  characteristics of a school, which shall include student

20  mobility rates, the number and type of exceptional students

21  enrolled in the school, and the availability of options for

22  improved educational services. The state board shall adopt by

23  rule steps to follow in this process.  Such steps shall

24  provide school districts sufficient time to improve student

25  performance in schools and the opportunity to present evidence

26  of assistance and interventions that the district school board

27  has implemented.

28         (2)  The State Board of Education may recommend one or

29  more of the following actions to district school boards to

30  enable students in schools designated with a as performance

31  

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 1  grade of category "F" to be academically well served by the

 2  public school system:

 3         (a)  Provide additional resources, change certain

 4  practices, and provide additional assistance if the state

 5  board determines the causes of inadequate progress to be

 6  related to school district policy or practice;

 7         (b)  Implement a plan that satisfactorily resolves the

 8  education equity problems in the school;

 9         (c)  Contract for the educational services of the

10  school, or reorganize the school at the end of the school year

11  under a new school principal who is authorized to hire new

12  staff and implement a plan that addresses the causes of

13  inadequate progress;

14         (d)  Allow parents of students in the school to send

15  their children to another district school of their choice; or

16         (e)  Other action appropriate to improve the school's

17  performance, including, if the school is a high school,

18  requiring annual publication of the school's graduation rate

19  calculated without GED tests for the past 3 years,

20  disaggregated by student ethnicity.

21         (3)  In recommending actions to district school boards,

22  the State Board of Education shall specify the length of time

23  available to implement the recommended action.  The State

24  Board of Education may adopt rules to further specify how it

25  may respond in specific circumstances.  No action taken by the

26  State Board of Education shall relieve a school from state

27  accountability requirements.

28         (4)  The State Board of Education may require the

29  Department of Education or Chief Financial Officer to withhold

30  any transfer of state funds to the school district if, within

31  the timeframe specified in state board action, the school

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 1  district has failed to comply with the action ordered to

 2  improve the district's low-performing schools. Withholding the

 3  transfer of funds shall occur only after all other recommended

 4  actions for school improvement have failed to improve

 5  performance. The State Board of Education may impose the same

 6  penalty on any district school board that fails to develop and

 7  implement a plan for assistance and intervention for

 8  low-performing schools as specified in s. 1001.42(16)(d) s.

 9  1001.42(16)(c).

10         Section 47.  Section 1008.34, Florida Statutes, is

11  amended to read:

12         1008.34  School grading system; school report cards;

13  district performance grade.--

14         (1)  ANNUAL REPORTS.--The Commissioner of Education

15  shall prepare annual reports of the results of the statewide

16  assessment program which describe student achievement in the

17  state, each district, and each school. The commissioner shall

18  prescribe the design and content of these reports, which must

19  include, without limitation, descriptions of the performance

20  of all schools participating in the assessment program and all

21  of their major student populations as determined by the

22  Commissioner of Education, and must also include the median

23  scores of all eligible students who scored at or in the lowest

24  25th percentile of the state in the previous school year;

25  provided, however, that the provisions of s. 1002.22

26  pertaining to student records apply to this section.

27         (2)  SCHOOL GRADES PERFORMANCE GRADE CATEGORIES.--The

28  annual report shall identify schools as having one of the

29  following grades, being in one of the following grade

30  categories defined according to rules of the State Board of

31  Education:

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 1         (a)  "A," schools making excellent progress.

 2         (b)  "B," schools making above average progress.

 3         (c)  "C," schools making satisfactory progress.

 4         (d)  "D," schools making less than satisfactory

 5  progress.

 6         (e)  "F," schools failing to make adequate progress.

 7  

 8  Each school designated with a in performance grade of category

 9  "A," making excellent progress, or having improved at least

10  two performance grade levels categories, shall have greater

11  authority over the allocation of the school's total budget

12  generated from the FEFP, state categoricals, lottery funds,

13  grants, and local funds, as specified in state board rule. The

14  rule must provide that the increased budget authority shall

15  remain in effect until the school's performance grade

16  declines.

17         (3)  DESIGNATION OF SCHOOL GRADES PERFORMANCE GRADE

18  CATEGORIES.--Each school that has students who are tested and

19  included in the school grading system, except an alternative

20  school that receives a school-improvement rating pursuant to

21  s. 1008.341, shall receive a school grade; however, an

22  alternative school may choose to receive a school grade under

23  this section in lieu of a school-improvement rating.

24  Additionally, a school that serves any combination of students

25  in kindergarten through grade 3 which does not receive a

26  school grade because its students are not tested and included

27  in the school grading system shall receive the school grade

28  designation of a K-3 feeder pattern school identified by the

29  Department of Education and verified by the school district. A

30  school feeder pattern exists if at least 60 percent of the

31  students in the school serving a combination of students in

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 1  kindergarten through grade 3 are scheduled to be assigned to

 2  the graded school. School grades performance grade category

 3  designations itemized in subsection (2) shall be based on the

 4  following:

 5         (a)  Criteria Timeframes.--A school's grade shall be

 6  based on a combination of:

 7         1.  Student achievement scores, including achievement

 8  scores for students seeking a special diploma School

 9  performance grade category designations shall be based on the

10  school's current year performance and the school's annual

11  learning gains.

12         2.  A school's performance grade category designation

13  shall be based on a combination of student achievement scores,

14  Student learning gains as measured by annual FCAT assessments

15  in grades 3 through 10; learning gains as measured by a common

16  battery of assessment tools for students seeking a special

17  diploma, no later than the 2008-2009 school year;, and

18         3.  Improvement of the lowest 25th percentile of

19  students in the school in reading, math, or writing on the

20  FCAT Reading, unless these students are exhibiting performing

21  above satisfactory performance.

22         (b)  Student assessment data.--Student assessment data

23  used in determining school grades performance grade categories

24  shall include:

25         1.  The aggregate scores of all eligible students

26  enrolled in the school who have been assessed on the FCAT.

27         2.  The aggregate scores of all eligible students

28  enrolled in the school who have been assessed on the FCAT,

29  including Florida Writes, and who have scored at or in the

30  lowest 25th percentile of students in the school in reading,

31  

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 1  math, or writing, unless these students are exhibiting

 2  performing above satisfactory performance.

 3         3.  The achievement scores and learning gains of

 4  eligible students attending alternative schools that provide

 5  dropout-prevention and academic-intervention services pursuant

 6  to s. 1003.53. The term "eligible students" in this

 7  subparagraph does not include students attending an

 8  alternative school who are subject to district school board

 9  policies for expulsion for repeated or serious offenses, who

10  are in dropout-retrieval programs serving students who have

11  officially been designated as dropouts, or who are in programs

12  operated or contracted by the Department of Juvenile Justice.

13  The student performance data for eligible students identified

14  in this subparagraph shall be included in the calculation of

15  the home school's grade. For purposes of this section and s.

16  1008.341, "home school" means the school the student was

17  attending when assigned to an alternative school. If an

18  alternative school chooses to be graded pursuant to this

19  section, student performance data for eligible students

20  identified in this subparagraph shall not be included in the

21  home school's grade but shall be included only in the

22  calculation of the alternative school's grade. School

23  districts must require collaboration between the home school

24  and the alternative school in order to promote student

25  success.

26  

27  The Department of Education shall study the effects of

28  mobility on the performance of highly mobile students and

29  recommend programs to improve the performance of such

30  students. The State Board of Education shall adopt appropriate

31  criteria for each school performance grade category. The

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 1  criteria must also give added weight to student achievement in

 2  reading. Schools designated with a as performance grade of

 3  category "C," making satisfactory progress, shall be required

 4  to demonstrate that adequate progress has been made by

 5  students in the school who are in the lowest 25th percentile

 6  in reading, math, or writing on the FCAT, including Florida

 7  Writes, unless these students are exhibiting performing above

 8  satisfactory performance.

 9         (4)  SCHOOL IMPROVEMENT RATINGS.--The annual report

10  shall identify each school's performance as having improved,

11  remained the same, or declined. This school improvement rating

12  shall be based on a comparison of the current year's and

13  previous year's student and school performance data. Schools

14  that improve at least one performance grade level category are

15  eligible for school recognition awards pursuant to s. 1008.36.

16         (5)  SCHOOL REPORT CARD PERFORMANCE GRADE CATEGORY AND

17  IMPROVEMENT RATING REPORTS.--The Department of Education shall

18  annually develop, in collaboration with the school districts,

19  a school report card to be delivered to parents throughout

20  each school district. The report card shall include the

21  school's grade, information regarding school improvement, an

22  explanation of school performance as evaluated by the federal

23  No Child Left Behind Act of 2001, and indicators of return on

24  investment. School performance grade category designations and

25  improvement ratings shall apply to each school's performance

26  for the year in which performance is measured. Each school's

27  report card designation and rating shall be published annually

28  by the department on its website, of Education and the school

29  district shall provide the school report card to each parent.

30  Parents shall be entitled to an easy-to-read report card about

31  

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 1  the designation and rating of the school in which their child

 2  is enrolled.

 3         (6)  RULES.--The State Board of Education shall adopt

 4  rules pursuant to ss. 120.536(1) and 120.54 to implement the

 5  provisions of this section.

 6         (6)(7)  PERFORMANCE-BASED FUNDING.--The Legislature may

 7  factor in the performance of schools in calculating any

 8  performance-based funding policy that is provided for annually

 9  in the General Appropriations Act.

10         (7)(8)  DISTRICT PERFORMANCE GRADE.--The annual report

11  required by subsection (1) shall include district performance

12  grades, which shall consist of weighted district average

13  grades, by level, for all elementary schools, middle schools,

14  and high schools in the district. A district's weighted

15  average grade shall be calculated by weighting individual

16  school grades determined pursuant to subsection (2) by school

17  enrollment.

18         Section 48.  Section 1008.341, Florida Statutes, is

19  created to read:

20         1008.341  School-improvement rating for alternative

21  schools.--

22         (1)  ANNUAL REPORTS.--The Commissioner of Education

23  shall prepare an annual report on the performance of each

24  school receiving a school-improvement rating pursuant to this

25  section if the provisions of s. 1002.22 pertaining to student

26  records apply.

27         (2)  SCHOOL IMPROVEMENT RATING.--Alternative schools

28  that provide dropout-prevention and academic-intervention

29  services pursuant to s. 1003.53 shall receive a

30  school-improvement rating pursuant to this section. The

31  school-improvement rating shall identify schools as having one

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 1  of the following ratings defined according to rules of the

 2  State Board of Education:

 3         (a)  "Improving" means schools with students making

 4  more academic progress than when the students were served in

 5  their home schools.

 6         (b)  "Maintaining" means schools with students making

 7  progress equivalent to the progress made when the students

 8  were served in their home schools.

 9         (c)  "Declining" means schools with students making

10  less academic progress than when the students were served in

11  their home schools.

12  

13  The school-improvement rating shall be based on a comparison

14  of student performance data for the current year and previous

15  year. Schools that improve at least one level or maintain an

16  "improving" rating pursuant to this section are eligible for

17  school recognition awards pursuant to s. 1008.36.

18         (3)  DESIGNATION OF SCHOOL-IMPROVEMENT RATING.--Student

19  data used in determining an alternative school's

20  school-improvement rating shall include:

21         (a)  The aggregate scores of all eligible students who

22  were assigned to and enrolled in the school during the October

23  or February FTE count, who have been assessed on the FCAT, and

24  who have FCAT or comparable scores for the preceding school

25  year.

26         (b)  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,

29  including Florida Writes, and who have scored in the lowest

30  25th percentile of students in the state on FCAT Reading.

31  

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 1  The assessment scores of students who are subject to district

 2  school board policies for expulsion for repeated or serious

 3  offenses, who are in dropout-retrieval programs serving

 4  students who have officially been designated as dropouts, or

 5  who are in programs operated or contracted by the Department

 6  of Juvenile Justice may not be included in an alternative

 7  school's school improvement rating.

 8         (4)  IDENTIFICATION OF STUDENT LEARNING GAINS.--For

 9  each alternative school receiving a school-improvement rating,

10  the Department of Education shall annually identify the

11  percentage of students making learning gains as compared to

12  the percentage of the same students making learning gains in

13  their home schools in the year prior to being assigned to the

14  alternative school.

15         (5)  SCHOOL REPORT CARD.--The Department of Education

16  shall annually develop, in collaboration with the school

17  districts, a school report card for alternative schools to be

18  delivered to parents throughout each school district. The

19  report card shall include the school-improvement rating,

20  identification of student learning gains, student attendance

21  data, information regarding school improvement, an explanation

22  of school performance as evaluated by the federal No Child

23  Left Behind Act of 2001, and indicators of return on

24  investment.

25         Section 49.  Subsection (5), paragraphs (b) and (d) of

26  subsection (6), and subsection (7) of section 1008.345,

27  Florida Statutes, are amended to read:

28         1008.345  Implementation of state system of school

29  improvement and education accountability.--

30         (5)  The commissioner shall report to the Legislature

31  and recommend changes in state policy necessary to foster

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 1  school improvement and education accountability. Included in

 2  the report shall be a list of the schools, including schools

 3  operating for the purpose of providing educational services to

 4  youth in Department of Juvenile Justice programs, for which

 5  district school boards have developed assistance and

 6  intervention plans and an analysis of the various strategies

 7  used by the school boards. School reports shall be distributed

 8  pursuant to this subsection and s. 1001.42(16)(f) s.

 9  1001.42(16)(e) and according to rules adopted by the State

10  Board of Education.

11         (6)

12         (b)  Upon request, the department shall provide

13  technical assistance and training to any school, including any

14  school operating for the purpose of providing educational

15  services to youth in Department of Juvenile Justice programs,

16  school advisory council, district, or district school board

17  for conducting needs assessments, developing and implementing

18  school improvement plans, developing and implementing

19  assistance and intervention plans, or implementing other

20  components of school improvement and accountability. Priority

21  for these services shall be given to schools designated with a

22  as performance grade of category "D" or "F" and school

23  districts in rural and sparsely populated areas of the state.

24         (d)  The department shall assign a community assessment

25  team to each school district with a school designated with a

26  as performance grade of category "D" or "F" to review the

27  school performance data and determine causes for the low

28  performance. The team shall make recommendations to the school

29  board, to the department, and to the State Board of Education

30  for implementing an assistance and intervention plan that will

31  address the causes of the school's low performance. The

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 1  assessment team shall include, but not be limited to, a

 2  department representative, parents, business representatives,

 3  educators, and community activists, and shall represent the

 4  demographics of the community from which they are appointed.

 5         (7)(a)  Schools designated with a in performance grade

 6  of category "A," making excellent progress, shall, if

 7  requested by the school, be given deregulated status as

 8  specified in s. 1003.63(5), (7), (8), (9), and (10).

 9         (b)  Schools that have improved at least two grades

10  performance grade categories and that meet the criteria of the

11  Florida School Recognition Program pursuant to s. 1008.36 may

12  be given deregulated status as specified in s. 1003.63(5),

13  (7), (8), (9), and (10).

14         Section 50.  Paragraphs (f), (h), (l), (m), and (n) of

15  subsection (1) and paragraphs (a) and (b) of subsection (4) of

16  section 1011.62, Florida Statutes, are amended, present

17  subsections (8) and (9) of that section are redesignated as

18  subsections (9) and (10), respectively, and amended, and a new

19  subsection (8) is added to that section, to read:

20         1011.62  Funds for operation of schools.--If the annual

21  allocation from the Florida Education Finance Program to each

22  district for operation of schools is not determined in the

23  annual appropriations act or the substantive bill implementing

24  the annual appropriations act, it shall be determined as

25  follows:

26         (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR

27  OPERATION.--The following procedure shall be followed in

28  determining the annual allocation to each district for

29  operation:

30         (f)  Supplemental academic instruction; categorical

31  fund.--

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 1         1.  There is created a categorical fund to provide

 2  supplemental academic instruction to students in kindergarten

 3  through grade 12.  This paragraph may be cited as the

 4  "Supplemental Academic Instruction Categorical Fund."

 5         2.  Categorical funds for supplemental academic

 6  instruction shall be allocated annually to each school

 7  district in the amount provided in the General Appropriations

 8  Act.  These funds shall be in addition to the funds

 9  appropriated on the basis of FTE student membership in the

10  Florida Education Finance Program and shall be included in the

11  total potential funds of each district.  These funds shall be

12  used to provide supplemental academic instruction to students

13  enrolled in the K-12 program. Supplemental instruction

14  strategies may include, but are not limited to: modified

15  curriculum, reading instruction, after-school instruction,

16  tutoring, mentoring, class size reduction, extended school

17  year, intensive skills development in summer school, and other

18  methods for improving student achievement. Supplemental

19  instruction may be provided to a student in any manner and at

20  any time during or beyond the regular 180-day term identified

21  by the school as being the most effective and efficient way to

22  best help that student progress from grade to grade and to

23  graduate.

24         3.  Effective with the 1999-2000 fiscal year, funding

25  on the basis of FTE membership beyond the 180-day regular term

26  shall be provided in the FEFP only for students enrolled in

27  juvenile justice education programs or in an education program

28  for juveniles under s. 985.223. Funding for instruction beyond

29  the regular 180-day school year for all other K-12 students

30  shall be provided through the supplemental academic

31  instruction categorical fund and other state, federal, and

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 1  local fund sources with ample flexibility for schools to

 2  provide supplemental instruction to assist students in

 3  progressing from grade to grade and graduating.

 4         4.  The Florida State University School, as a lab

 5  school, is authorized to expend from its FEFP or Lottery

 6  Enhancement Trust Fund allocation the cost to the student of

 7  remediation in reading, writing, or mathematics for any

 8  graduate who requires remediation at a postsecondary

 9  educational institution.

10         5.  Beginning in the 1999-2000 school year, dropout

11  prevention programs as defined in ss. 1003.52, 1003.53(1)(a),

12  (b), and (c), and 1003.54 shall be included in group 1

13  programs under subparagraph (d)3.

14         (h)  Small, isolated high schools.--Districts which

15  levy the maximum nonvoted discretionary millage, exclusive of

16  millage for capital outlay purposes levied pursuant to s.

17  1011.71(2), may calculate full-time equivalent students for

18  small, isolated high schools by multiplying the number of

19  unweighted full-time equivalent students times 2.75; provided

20  the school has attained a state accountability performance

21  grade category of "C" or better, pursuant to s. 1008.34, for

22  the previous school year. For the purpose of this section, the

23  term "small, isolated high school" means any high school which

24  is located no less than 28 miles by the shortest route from

25  another high school; which has been serving students primarily

26  in basic studies provided by sub-subparagraphs (c)1.b. and c.

27  and may include subparagraph (c)4.; and which has a membership

28  of no more than 100 students, but no fewer than 28 students,

29  in grades 9 through 12.

30         (l)  Calculation of additional full-time equivalent

31  membership based on international baccalaureate examination

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 1  scores of students.--A value of 0.24 full-time equivalent

 2  student membership shall be calculated for each student

 3  enrolled in an international baccalaureate course who receives

 4  a score of 4 or higher on a subject examination. A value of

 5  0.3 full-time equivalent student membership shall be

 6  calculated for each student who receives an international

 7  baccalaureate diploma. Such value shall be added to the total

 8  full-time equivalent student membership in basic programs for

 9  grades 9 through 12 in the subsequent fiscal year. The school

10  district shall distribute to each classroom teacher who

11  provided international baccalaureate instruction:

12         1.  A bonus in the amount of $50 for each student

13  taught by the International Baccalaureate teacher in each

14  international baccalaureate course who receives a score of 4

15  or higher on the international baccalaureate examination.

16         2.  An additional bonus of $500 to each International

17  Baccalaureate teacher in a school designated with a

18  performance grade of category "D" or "F" who has at least one

19  student scoring 4 or higher on the international baccalaureate

20  examination, regardless of the number of classes taught or of

21  the number of students scoring a 4 or higher on the

22  international baccalaureate examination.

23  

24  Bonuses awarded to a teacher according to this paragraph shall

25  not exceed $2,000 in any given school year and shall be in

26  addition to any regular wage or other bonus the teacher

27  received or is scheduled to receive.

28         (m)  Calculation of additional full-time equivalent

29  membership based on Advanced International Certificate of

30  Education examination scores of students.--A value of 0.24

31  full-time equivalent student membership shall be calculated

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 1  for each student enrolled in a full-credit Advanced

 2  International Certificate of Education course who receives a

 3  score of E or higher on a subject examination. A value of 0.12

 4  full-time equivalent student membership shall be calculated

 5  for each student enrolled in a half-credit Advanced

 6  International Certificate of Education course who receives a

 7  score of E or higher on a subject examination. A value of 0.3

 8  full-time equivalent student membership shall be calculated

 9  for each student who receives an Advanced International

10  Certificate of Education diploma. Such value shall be added to

11  the total full-time equivalent student membership in basic

12  programs for grades 9 through 12 in the subsequent fiscal

13  year. The school district shall distribute to each classroom

14  teacher who provided Advanced International Certificate of

15  Education instruction:

16         1.  A bonus in the amount of $50 for each student

17  taught by the Advanced International Certificate of Education

18  teacher in each full-credit Advanced International Certificate

19  of Education course who receives a score of E or higher on the

20  Advanced International Certificate of Education examination. A

21  bonus in the amount of $25 for each student taught by the

22  Advanced International Certificate of Education teacher in

23  each half-credit Advanced International Certificate of

24  Education course who receives a score of E or higher on the

25  Advanced International Certificate of Education examination.

26         2.  An additional bonus of $500 to each Advanced

27  International Certificate of Education teacher in a school

28  designated with a performance grade of category "D" or "F" who

29  has at least one student scoring E or higher on the

30  full-credit Advanced International Certificate of Education

31  examination, regardless of the number of classes taught or of

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 1  the number of students scoring an E or higher on the

 2  full-credit Advanced International Certificate of Education

 3  examination.

 4         3.  Additional bonuses of $250 each to teachers of

 5  half-credit Advanced International Certificate of Education

 6  classes in a school designated with a performance grade of

 7  category "D" or "F" which has at least one student scoring an

 8  E or higher on the half-credit Advanced International

 9  Certificate of Education examination in that class. The

10  maximum additional bonus for a teacher awarded in accordance

11  with this subparagraph shall not exceed $500 in any given

12  school year. Teachers receiving an award under subparagraph 2.

13  are not eligible for a bonus under this subparagraph.

14  

15  Bonuses awarded to a teacher according to this paragraph shall

16  not exceed $2,000 in any given school year and shall be in

17  addition to any regular wage or other bonus the teacher

18  received or is scheduled to receive.

19         (n)  Calculation of additional full-time equivalent

20  membership based on college board advanced placement scores of

21  students.--A value of 0.24 full-time equivalent student

22  membership shall be calculated for each student in each

23  advanced placement course who receives a score of 3 or higher

24  on the College Board Advanced Placement Examination for the

25  prior year and added to the total full-time equivalent student

26  membership in basic programs for grades 9 through 12 in the

27  subsequent fiscal year. Each district must allocate at least

28  80 percent of the funds provided to the district for advanced

29  placement instruction, in accordance with this paragraph, to

30  the high school that generates the funds. The school district

31  

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 1  shall distribute to each classroom teacher who provided

 2  advanced placement instruction:

 3         1.  A bonus in the amount of $50 for each student

 4  taught by the Advanced Placement teacher in each advanced

 5  placement course who receives a score of 3 or higher on the

 6  College Board Advanced Placement Examination.

 7         2.  An additional bonus of $500 to each Advanced

 8  Placement teacher in a school designated with a performance

 9  grade of category "D" or "F" who has at least one student

10  scoring 3 or higher on the College Board Advanced Placement

11  Examination, regardless of the number of classes taught or of

12  the number of students scoring a 3 or higher on the College

13  Board Advanced Placement Examination.

14  

15  Bonuses awarded to a teacher according to this paragraph shall

16  not exceed $2,000 in any given school year and shall be in

17  addition to any regular wage or other bonus the teacher

18  received or is scheduled to receive.

19         (4)  COMPUTATION OF DISTRICT REQUIRED LOCAL

20  EFFORT.--The Legislature shall prescribe the aggregate

21  required local effort for all school districts collectively as

22  an item in the General Appropriations Act for each fiscal

23  year. The amount that each district shall provide annually

24  toward the cost of the Florida Education Finance Program for

25  kindergarten through grade 12 programs shall be calculated as

26  follows:

27         (a)  Estimated taxable value calculations.--

28         1.a.  Not later than 2 working days prior to July 19,

29  the Department of Revenue shall certify to the Commissioner of

30  Education its most recent estimate of the taxable value for

31  school purposes in each school district and the total for all

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 1  school districts in the state for the current calendar year

 2  based on the latest available data obtained from the local

 3  property appraisers. Not later than July 19, the Commissioner

 4  of Education shall compute a millage rate, rounded to the next

 5  highest one one-thousandth of a mill, which, when applied to

 6  95 percent of the estimated state total taxable value for

 7  school purposes, would generate the prescribed aggregate

 8  required local effort for that year for all districts. The

 9  Commissioner of Education shall certify to each district

10  school board the millage rate, computed as prescribed in this

11  subparagraph, as the minimum millage rate necessary to provide

12  the district required local effort for that year.

13         b.  The General Appropriations Act shall direct the

14  computation of the statewide adjusted aggregate amount for

15  required local effort for all school districts collectively

16  from ad valorem taxes to ensure that no school district's

17  revenue from required local effort millage will produce more

18  than 90 percent of the district's total Florida Education

19  Finance Program calculation, and the adjustment of the

20  required local effort millage rate of each district that

21  produces more than 90 percent of its total Florida Education

22  Finance Program entitlement to a level that will produce only

23  90 percent of its total Florida Education Finance Program

24  entitlement in the July calculation.

25         2.  As revised data are received from property

26  appraisers, the Department of Revenue shall amend the

27  certification of the estimate of the taxable value for school

28  purposes.  The Commissioner of Education, in administering the

29  provisions of subparagraph (10)(a)2. (9)(a)2., shall use the

30  most recent taxable value for the appropriate year.

31         (b)  Final calculation.--

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 1         1.  The Department of Revenue shall, upon receipt of

 2  the official final assessed value of property from each of the

 3  property appraisers, certify to the Commissioner of Education

 4  the taxable value total for school purposes in each school

 5  district, subject to the provisions of paragraph (d). The

 6  commissioner shall use the official final taxable value for

 7  school purposes for each school district in the final

 8  calculation of the annual Florida Education Finance Program

 9  allocations.

10         2.  For the purposes of this paragraph, the official

11  final taxable value for school purposes shall be the taxable

12  value for school purposes on which the tax bills are computed

13  and mailed to the taxpayers, adjusted to reflect final

14  administrative actions of value adjustment boards and judicial

15  decisions pursuant to part I of chapter 194. By September 1 of

16  each year, the Department of Revenue shall certify to the

17  commissioner the official prior year final taxable value for

18  school purposes. For each county that has not submitted a

19  revised tax roll reflecting final value adjustment board

20  actions and final judicial decisions, the Department of

21  Revenue shall certify the most recent revision of the official

22  taxable value for school purposes. The certified value shall

23  be the final taxable value for school purposes, and no further

24  adjustments shall be made, except those made pursuant to

25  subparagraph (10)(a)2. (9)(a)2.

26         (8)  RESEARCH-BASED READING INSTRUCTION ALLOCATION.--

27         (a)  The research-based reading instruction allocation

28  is created to provide comprehensive reading instruction to

29  students in kindergarten through grade 12.

30         (b)  Funds for comprehensive, research-based reading

31  instruction shall be allocated annually to each school

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 1  district in the amount provided in the General Appropriations

 2  Act. Each eligible school district shall receive the same

 3  minimum amount as specified in the General Appropriations Act,

 4  and any remaining funds shall be distributed to eligible

 5  school districts based on each school district's proportionate

 6  share of K-12 base funding.

 7         (c)  Funds allocated under this subsection must be used

 8  to provide a system of comprehensive reading instruction to

 9  students enrolled in the K-12 programs, which may include the

10  following:

11         1.  The provision of highly qualified reading coaches.

12         2.  Professional development for school district

13  teachers in scientifically based reading instruction,

14  including strategies to teach reading in content areas and

15  with an emphasis on technical and informational text.

16         3.  The provision of summer reading camps for students

17  who score at Level 1 on FCAT Reading.

18         4.  The provision of supplemental instructional

19  materials that are grounded in scientifically based reading

20  research.

21         5.  The provision of intensive interventions for middle

22  and high school students reading below grade level.

23         (d)  Annually, by a date determined by the Department

24  of Education but before May 1, school districts shall submit a

25  K-12 comprehensive reading plan for the specific use of the

26  research-based reading instruction allocation in the format

27  prescribed by the department for review and approval by the

28  Just Read, Florida! Office created pursuant to s. 1001.215.

29  The plan annually submitted by school districts shall be

30  deemed approved unless the department rejects the plan on or

31  before June 1. If a school district and the Just Read,

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 1  Florida! Office cannot reach agreement on the contents of the

 2  plan, the school district may appeal to the State Board of

 3  Education for resolution. School districts shall be allowed

 4  reasonable flexibility in designing their plans and shall be

 5  encouraged to offer reading remediation through innovative

 6  methods, including career academies. The plan format shall be

 7  developed with input from school district personnel, including

 8  teachers and principals, and shall allow courses in core,

 9  career, and alternative programs that deliver intensive

10  reading remediation through integrated curricula, provided

11  that the teacher is deemed highly qualified to teach reading

12  or working toward that status. No later than July 1 annually,

13  the department shall release the school district's allocation

14  of appropriated funds to those districts having approved

15  plans. A school district that spends 100 percent of this

16  allocation on its approved plan shall be deemed to have been

17  in compliance with the plan. The department may withhold funds

18  upon a determination that reading instruction allocation funds

19  are not being used to implement the approved plan.

20         (9)(8)  QUALITY ASSURANCE GUARANTEE.--The Legislature

21  may annually in the General Appropriations Act determine a

22  percentage increase in funds per K-12 unweighted FTE as a

23  minimum guarantee to each school district. The guarantee shall

24  be calculated from prior year base funding per unweighted FTE

25  student which shall include the adjusted FTE dollars as

26  provided in subsection (10) (9), quality guarantee funds, and

27  actual nonvoted discretionary local effort from taxes. From

28  the base funding per unweighted FTE, the increase shall be

29  calculated for the current year. The current year funds from

30  which the guarantee shall be determined shall include the

31  adjusted FTE dollars as provided in subsection (10) (9) and

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 1  potential nonvoted discretionary local effort from taxes. A

 2  comparison of current year funds per unweighted FTE to prior

 3  year funds per unweighted FTE shall be computed. For those

 4  school districts which have less than the legislatively

 5  assigned percentage increase, funds shall be provided to

 6  guarantee the assigned percentage increase in funds per

 7  unweighted FTE student. Should appropriated funds be less than

 8  the sum of this calculated amount for all districts, the

 9  commissioner shall prorate each district's allocation. This

10  provision shall be implemented to the extent specifically

11  funded.

12         (10)(9)  TOTAL ALLOCATION OF STATE FUNDS TO EACH

13  DISTRICT FOR CURRENT OPERATION.--The total annual state

14  allocation to each district for current operation for the FEFP

15  shall be distributed periodically in the manner prescribed in

16  the General Appropriations Act.

17         (a)  The basic amount for current operation for the

18  FEFP as determined in subsection (1), multiplied by the

19  district cost differential factor as determined in subsection

20  (2), plus the amounts provided for categorical components

21  within the FEFP, plus the amount for the sparsity supplement

22  as determined in subsection (6), the decline in full-time

23  equivalent students as determined in subsection (7), the

24  research-based reading instruction allocation as determined in

25  subsection (8), and the quality assurance guarantee as

26  determined in subsection (9) (8), less the required local

27  effort as determined in subsection (4). If the funds

28  appropriated for the purpose of funding the total amount for

29  current operation as provided in this paragraph are not

30  sufficient to pay the state requirement in full, the

31  

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 1  department shall prorate the available state funds to each

 2  district in the following manner:

 3         1.  Determine the percentage of proration by dividing

 4  the sum of the total amount for current operation, as provided

 5  in this paragraph for all districts collectively, and the

 6  total district required local effort into the sum of the state

 7  funds available for current operation and the total district

 8  required local effort.

 9         2.  Multiply the percentage so determined by the sum of

10  the total amount for current operation as provided in this

11  paragraph and the required local effort for each individual

12  district.

13         3.  From the product of such multiplication, subtract

14  the required local effort of each district; and the remainder

15  shall be the amount of state funds allocated to the district

16  for current operation.

17         (b)  The amount thus obtained shall be the net annual

18  allocation to each school district. However, if it is

19  determined that any school district received an

20  underallocation or overallocation for any prior year because

21  of an arithmetical error, assessment roll change, full-time

22  equivalent student membership error, or any allocation error

23  revealed in an audit report, the allocation to that district

24  shall be appropriately adjusted. Beginning with audits for the

25  2001-2002 fiscal year, if the adjustment is the result of an

26  audit finding in which group 2 FTE are reclassified to the

27  basic program and the district weighted FTE are over the

28  weighted enrollment ceiling for group 2 programs, the

29  adjustment shall not result in a gain of state funds to the

30  district. If the Department of Education audit adjustment

31  recommendation is based upon controverted findings of fact,

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 1  the Commissioner of Education is authorized to establish the

 2  amount of the adjustment based on the best interests of the

 3  state.

 4         (c)  The amount thus obtained shall represent the net

 5  annual state allocation to each district; however,

 6  notwithstanding any of the provisions herein, each district

 7  shall be guaranteed a minimum level of funding in the amount

 8  and manner prescribed in the General Appropriations Act.

 9         Section 51.  Paragraph (a) of subsection (2) of section

10  1011.64, Florida Statutes, is amended to read:

11         1011.64  School district minimum classroom expenditure

12  requirements.--

13         (2)  For the purpose of implementing the provisions of

14  this section, the Legislature shall prescribe minimum academic

15  performance standards and minimum classroom expenditure

16  requirements for districts not meeting such minimum academic

17  performance standards in the General Appropriations Act.

18         (a)  Minimum academic performance standards may be

19  based on, but are not limited to, district performance grades

20  determined pursuant to s. 1008.34(7) s. 1008.34(8).

21         Section 52.  Paragraph (b) of subsection (2) of section

22  1011.685, Florida Statutes, is amended to read:

23         1011.685  Class size reduction; operating categorical

24  fund.--

25         (2)  Class size reduction operating categorical funds

26  shall be used by school districts for the following:

27         (b)  For any lawful operating expenditure, if the

28  district has met the constitutional maximums identified in s.

29  1003.03(1) or the reduction of two students per year required

30  by s. 1003.03(2); however, priority shall be given to increase

31  salaries of classroom teachers as defined in s. 1012.01(2)(a)

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 1  and to implement the differentiated-pay provisions detailed in

 2  s. 1012.22 salary career ladder defined in s. 1012.231.

 3         Section 53.  Subsection (1) of section 1011.71, Florida

 4  Statutes, is amended to read:

 5         1011.71  District school tax.--

 6         (1)  If the district school tax is not provided in the

 7  General Appropriations Act or the substantive bill

 8  implementing the General Appropriations Act, each district

 9  school board desiring to participate in the state allocation

10  of funds for current operation as prescribed by s. 1011.62(10)

11  s. 1011.62(9) shall levy on the taxable value for school

12  purposes of the district, exclusive of millage voted under the

13  provisions of s. 9(b) or s. 12, Art. VII of the State

14  Constitution, a millage rate not to exceed the amount

15  certified by the commissioner as the minimum millage rate

16  necessary to provide the district required local effort for

17  the current year, pursuant to s. 1011.62(4)(a)1. In addition

18  to the required local effort millage levy, each district

19  school board may levy a nonvoted current operating

20  discretionary millage. The Legislature shall prescribe

21  annually in the appropriations act the maximum amount of

22  millage a district may levy. The millage rate prescribed shall

23  exceed zero mills but shall not exceed the lesser of 1.6 mills

24  or 25 percent of the millage which is required pursuant to s.

25  1011.62(4), exclusive of millage levied pursuant to subsection

26  (2).

27         Section 54.  Subsection (6) is added to section

28  1012.21, Florida Statutes, to read:

29         1012.21  Department of Education duties; K-12

30  personnel.--

31  

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 1         (6)  REPORTING.--The Department of Education shall

 2  annually post online links to each school district's

 3  collective bargaining contracts and the salary and benefits of

 4  the personnel or officers of any educator association which

 5  were paid by the school district pursuant to s. 1012.22. The

 6  department shall prescribe the computer format for district

 7  school boards to use in providing the information.

 8         Section 55.  Paragraphs (c), (h), and (i) of subsection

 9  (1) of section 1012.22, Florida Statutes, are amended, and

10  subsection (3) is added to that section, to read:

11         1012.22  Public school personnel; powers and duties of

12  the district school board.--The district school board shall:

13         (1)  Designate positions to be filled, prescribe

14  qualifications for those positions, and provide for the

15  appointment, compensation, promotion, suspension, and

16  dismissal of employees as follows, subject to the requirements

17  of this chapter:

18         (c)  Compensation and salary schedules.--

19         1.  The district school board shall adopt a salary

20  schedule or salary schedules designed to furnish incentives

21  for improvement in training and for continued efficient

22  service to be used as a basis for paying all school employees

23  and fix and authorize the compensation of school employees on

24  the basis thereof.

25         2.  A district school board, in determining the salary

26  schedule for instructional personnel, must base a portion of

27  each employee's compensation on performance demonstrated under

28  s. 1012.34, must consider the prior teaching experience of a

29  person who has been designated state teacher of the year by

30  any state in the United States, and must consider prior

31  professional experience in the field of education gained in

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 1  positions in addition to district level instructional and

 2  administrative positions.

 3         3.  In developing the salary schedule, the district

 4  school board shall seek input from parents, teachers, and

 5  representatives of the business community.

 6         4.  Beginning with the 2002-2003 fiscal year, each

 7  district school board must adopt a performance-pay policy for

 8  school administrators and instructional personnel. The

 9  district's performance-pay policy is subject to negotiation as

10  provided in chapter 447; however, the adopted salary schedule

11  must allow school administrators and instructional personnel

12  who demonstrate outstanding performance, as measured under s.

13  1012.34, to earn a 5-percent supplement in addition to their

14  individual, negotiated salary. The supplements shall be funded

15  from the performance-pay reserve funds adopted in the salary

16  schedule. Beginning with the 2004-2005 academic year, the

17  district's 5-percent performance-pay policy must provide for

18  the evaluation of classroom teachers within each level of the

19  salary career ladder provided in s. 1012.231. The Commissioner

20  of Education shall determine whether the district school

21  board's adopted policy and salary schedule complies with the

22  requirement for performance-based pay. If the district school

23  board fails to comply with this section, the commissioner may

24  shall withhold disbursements from the Educational Enhancement

25  Trust Fund to the district and take any other measure provided

26  by law necessary to ensure compliance until compliance is

27  verified.

28         5.  Beginning with the 2007-2008 academic year, each

29  district school board shall adopt a salary schedule with

30  differentiated pay for both instructional personnel and

31  school-based administrators. The salary schedule is subject to

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 1  negotiation as provided in chapter 447 and must allow

 2  differentiated pay based on district-determined factors,

 3  including, but not limited to, additional responsibilities,

 4  school demographics, critical shortage areas, and level of job

 5  performance difficulties.

 6         (h)  Planning and training time for teachers.--The

 7  district school board shall may adopt rules to make provisions

 8  for teachers to have time for lunch, professional and some

 9  planning, and professional development training time when they

10  will not be directly responsible for the children if, provided

11  that some adult supervision is shall be furnished for the

12  students during such periods.

13         (i)  Comprehensive program of staff development.--The

14  district school board shall establish a comprehensive program

15  of staff development that incorporates school improvement

16  plans pursuant to s. 1001.42 and is aligned with principal

17  leadership training pursuant to s. 1012.985 as a part of the

18  plan.

19         (3)  Annually provide to the Department of Education

20  the negotiated collective bargaining contract for the school

21  district and the salary and benefits for the personnel or

22  officers of any educator association which are paid by the

23  school district. The district school board shall report using

24  the computer format prescribed by the department pursuant to

25  s. 1012.21.

26         Section 56.  Section 1012.2315, Florida Statutes, is

27  created to read:

28         1012.2315  Assignment of teachers.--

29         (1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature

30  finds disparities between teachers assigned to teach in a

31  majority of "A" graded schools and teachers assigned to teach

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 1  in a majority of "F" graded schools. The disparities can be

 2  found in the average years of experience, the median salary,

 3  and the performance of the teachers on teacher certification

 4  examinations. It is the intent of the Legislature that

 5  district school boards have flexibility through the collective

 6  bargaining process to assign teachers more equitably across

 7  the schools in the district.

 8         (2)  ASSIGNMENT TO SCHOOLS GRADED "D" OR "F."--School

 9  districts may not assign a higher percentage than the school

10  district average of first-time teachers, temporarily certified

11  teachers, teachers in need of improvement, or out-of-field

12  teachers to schools with above the school district average of

13  minority and economically disadvantaged students or schools

14  that are graded "D" or "F." Each school district shall

15  annually certify to the Commissioner of Education that this

16  requirement has been met. If the commissioner determines that

17  a school district is not in compliance with this subsection,

18  the State Board of Education shall be notified and shall take

19  action pursuant to s. 1008.32 in the next regularly scheduled

20  meeting to require compliance.

21         (3)  SALARY INCENTIVES.--District school boards are

22  authorized to provide salary incentives to meet the

23  requirement of subsection (2). A district school board may not

24  sign a collective bargaining agreement that precludes the

25  school district from providing sufficient incentives to meet

26  this requirement.

27         (4)  COLLECTIVE BARGAINING.--Notwithstanding provisions

28  of chapter 447 relating to district school board collective

29  bargaining, collective bargaining provisions may not preclude

30  a school district from providing incentives to high-quality

31  

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 1  teachers and assigning such teachers to low-performing

 2  schools.

 3         (5)  REPORT.--Schools graded "D" or "F" shall annually

 4  report their teacher-retention rate. Included in this report

 5  shall be reasons listed for leaving by each teacher who left

 6  the school for any reason.

 7         Section 57.  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 2007-2008 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. 1012.22 s. 1012.231.

28         Section 58.  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 and differentiated pay under s. 1012.22

 4  s. 1012.22(1)(c).

 5         Section 59.  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 60.  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-6 teaching

14  certificate to obtain a subject area coverage for middle

15  grades through postsecondary coursework or district add-on

16  certification.

17         Section 61.  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, public

23  schools, state education foundations, consortia, and

24  professional organizations and public schools in this state

25  shall work collaboratively collaborate to establish a

26  coordinated system of professional development. The purpose of

27  the professional development system is to increase student

28  achievement, enhance classroom instructional strategies that

29  promote rigor and relevance throughout the curriculum, and

30  prepare students for continuing education and the workforce.

31  The system of professional development must align to the

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 1  standards adopted by the state and support the framework for

 2  standards adopted by the National Staff Development Council

 3  enable the school community to meet state and local student

 4  achievement standards and the state education goals and to

 5  succeed in 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 school improvement plans

16  that focus on:

17         1.  Enhanced and differentiated instructional

18  strategies to engage students in rigorous and relevant

19  curriculum based on in guiding student learning and

20  development so as to implement state and local educational

21  standards, goals, and 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 engaged in

27  preservice training for new teachers, and the workforce

28  community.

29         (b)  Assist the school community in providing

30  stimulating, scientific scientifically research-based

31  educational activities that encourage and motivate students to

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 1  achieve at the highest levels and to participate as become

 2  active learners and that prepare students for success at

 3  subsequent educational levels and the workforce.

 4         (c)  Provide continuous support for all education

 5  professionals as well as temporary intervention for education

 6  professionals who need improvement in knowledge, skills, and

 7  performance.

 8         (4)  The Department of Education, school districts,

 9  schools, community colleges, and state universities share the

10  responsibilities described in this section. These

11  responsibilities include the following:

12         (a)  The department shall develop and disseminate to

13  the school community research-based model professional

14  development methods and programs that have demonstrated

15  success in meeting identified student needs. The Commissioner

16  of Education shall use data on student achievement to identify

17  student needs. The methods of dissemination must include a

18  web-based statewide performance support system, including a

19  database of exemplary professional development activities, a

20  listing of available professional development resources,

21  training programs, and available assistance.

22         (b)  Each school district shall develop a professional

23  development system as specified in subsection (3). The system

24  shall be developed in consultation with teachers,

25  teacher-educators and representatives of community colleges

26  college and state universities university faculty, business

27  and community representatives agencies, and local education

28  foundations, consortia, and professional organizations other

29  interested citizen groups to establish policy and procedures

30  to guide the operation of the district professional

31  development program. The professional development system must:

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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         2.  Be based on analyses Require the use of student

 5  achievement data and instructional strategies and methods that

 6  support rigorous, relevant, and challenging curricula for all

 7  students. Schools and districts, in developing and refining

 8  the professional development system, shall also review and

 9  monitor; school discipline data; school environment surveys;

10  assessments of parental satisfaction; performance appraisal

11  data of teachers, managers, and administrative personnel; and

12  other performance indicators to identify school and student

13  needs that can be met by improved professional performance.

14         3.  Provide inservice activities coupled with followup

15  support that are appropriate to accomplish district-level and

16  school-level improvement goals and standards. The inservice

17  activities for instructional personnel shall primarily focus

18  on analysis of student achievement data, ongoing formal and

19  informal assessments of student achievement, identification

20  and use of enhanced and differentiated instructional

21  strategies that emphasize rigor, relevance, and reading in the

22  content areas, enhancement of subject content expertise,

23  integrated use of classroom technology that enhances teaching

24  and learning and teaching methods, including technology, as

25  related to the Sunshine State Standards, assessment and data

26  analysis, classroom management, parent involvement, and school

27  safety.

28         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 available student achievement

 3  data and research to enhance rigor and relevance in the

 4  classroom. Each district inservice plan must be aligned to and

 5  support the school-based inservice plans and school

 6  improvement plans pursuant to s. 1001.42(16). District plans

 7  using criteria for continued approval as specified by rules of

 8  the State Board of Education. Written verification that the

 9  inservice plan meets all requirements of this section must be

10  approved by the district school board submitted annually in

11  order to ensure compliance with subsection (1) and to allow

12  for dissemination of research-based best practices to other

13  districts to the commissioner by October 1.

14         5.  Require each school principal to establish and

15  maintain an individual professional development plan for each

16  instructional employee assigned to the school as a seamless

17  component to the school improvement plans developed pursuant

18  to 1001.42(16). The individual professional development plan

19  must:

20         a.  Be related to specific performance data for the

21  students to whom the teacher is assigned.

22         b.  Define the inservice objectives and specific

23  measurable improvements expected in student performance as a

24  result of the inservice activity.

25         c.  Include an evaluation component that determines the

26  effectiveness of the professional development plan.

27         6.  Include inservice activities for school

28  administrative personnel that address updated skills necessary

29  for effective school management and instructional leadership

30  and effective school management pursuant to s. 1012.986.

31  

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 1         7.  Provide for systematic consultation with regional

 2  and state personnel designated to provide technical assistance

 3  and evaluation of local professional development programs.

 4         8.  Provide for delivery of professional development by

 5  distance learning and other technology-based delivery systems

 6  to reach more educators at lower costs.

 7         9.  Provide for the continuous evaluation of the

 8  quality and effectiveness of professional development programs

 9  in order to eliminate ineffective programs and strategies and

10  to expand effective ones. Evaluations must consider the impact

11  of such activities on the performance of participating

12  educators and their students' achievement and behavior.

13         (c)  Each community college and state university shall

14  assist the department, school districts, and schools in the

15  design, delivery, and evaluation of professional development

16  activities. This assistance must include active participation

17  in state and local activities required by the professional

18  development system.

19         (c)(d)  The Department of Education shall approve a

20  public state university having an approved physical education

21  teacher preparation program within its college of education to

22  develop and implement an Internet-based clearinghouse for

23  physical education professional development programs that may

24  be accessed and used by all instructional personnel. The

25  development of these programs shall be financed primarily by

26  private funds and shall be available for use no later than

27  August 1, 2005.

28         (5)  Each district school board shall provide funding

29  for the professional development system as required by s.

30  1011.62 and the General Appropriations Act, and shall direct

31  expenditures from other funding sources to continuously

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 1  strengthen the system in order to increase student achievement

 2  and support instructional staff in enhancing rigor and

 3  relevance in the classroom and make it uniform and coherent. A

 4  school district may coordinate its professional development

 5  program with that of another district, with an educational

 6  consortium, or with a community college or university,

 7  especially in preparing and educating personnel. Each district

 8  school board shall make available inservice activities to

 9  instructional personnel of nonpublic schools in the district

10  and the state certified teachers who are not employed by the

11  district school board on a fee basis not to exceed the cost of

12  the activity per all participants.

13         (6)  An organization of private schools which has no

14  fewer than 10 member schools in this state, which publishes

15  and files with the Department of Education copies of its

16  standards, and the member schools of which comply with the

17  provisions of part II of chapter 1003, relating to compulsory

18  school attendance, may also develop a professional development

19  system that includes a master plan for inservice activities.

20  The system and inservice plan must be submitted to the

21  commissioner for approval pursuant to rules of the State Board

22  of Education.

23         (7)  The Department of Education shall disseminate,

24  using web-based technology, research-based best-practice

25  design methods by which the state and district school boards

26  may evaluate and improve the professional development system.

27  The best practices evaluation must include an annual

28  assessment of data that indicate the progress or lack of

29  progress of all students. If the review of the data indicates

30  progress, the department shall identify the best practices

31  that contributed to the progress. If the review of the data

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 1  indicates a lack of progress, the department shall investigate

 2  the causes of the lack of progress, provide technical

 3  assistance, and require the school district to employ a

 4  different approach to professional development. The department

 5  shall report annually to the State Board of Education and the

 6  Legislature any school district that, in the determination of

 7  the department, has failed to provide an adequate professional

 8  development system. This report must include the results of

 9  the department's investigation and of any intervention

10  provided.

11         (8)  The State Board of Education may adopt rules

12  pursuant to ss. 120.536(1) and 120.54 to administer this

13  section.

14         (9)  This section does not limit or discourage a

15  district school board from contracting with independent

16  entities for professional development services and inservice

17  education if the district school board can demonstrate to the

18  Commissioner of Education that, through such a contract, a

19  better product can be acquired or its goals for education

20  improvement can be better met.

21         (10)  For teachers, managers, and administrative

22  personnel who have been evaluated as less than satisfactory, a

23  district school board shall require participation in specific

24  professional development programs as part of the improvement

25  prescription.

26         (11)  The department shall disseminate to the school

27  community proven model professional development programs that

28  have demonstrated success in increasing rigorous and relevant

29  content, increasing student achievement and engagement, and

30  meeting identified student needs. The methods of dissemination

31  must include a web-based statewide performance-support system

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 1  including a database of exemplary professional development

 2  activities, a listing of available professional development

 3  resources, training programs, and available technical

 4  assistance.

 5         Section 62.  Section 1012.986, Florida Statutes, is

 6  created to read:

 7         1012.986  Statewide system for professional development

 8  of school leaders.--

 9         (1)  The intent of this section is to establish a

10  statewide system of professional development which provides

11  high standards and sustained support for principals as

12  instructional leaders. The system shall consist of a

13  collaborative network of professional leadership organizations

14  in order to respond to needs throughout the state. The network

15  shall be established to support the human-resource-development

16  needs of principals, principal leadership teams, and

17  candidates for principal leadership positions using the

18  framework of leadership standards adopted by the State Board

19  of Education, the Southern Regional Education Board, and the

20  National Staff Development Council. Funds appropriated for the

21  leadership network for principals shall be allocated annually

22  in the General Appropriations Act, contingent upon a

23  commitment of financial support or human-resource support from

24  the Florida Association of District School Superintendents,

25  the Florida Association of School Administrators, the Southern

26  Regional Education Board, the Department of Education, the

27  Florida Regional Education Consortia, and education leadership

28  faculty from Florida's community colleges and universities.

29  The goal of the network and the principal leadership training

30  is to:

31  

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 1         (a)  Provide resources to support and enhance the

 2  principal's role as the instructional leader.

 3         (b)  Maintain a clearinghouse and disseminate

 4  data-supported information related to enhanced student

 5  achievement, based on educational research and best practices.

 6         (c)  Build the capacity to increase the quality of

 7  programs for preservice education for aspiring principals and

 8  inservice professional development for principals and

 9  principal leadership teams.

10         (d)  Support best teaching and research-based

11  instructional practices through dissemination and modeling at

12  the preservice and inservice levels for both teachers and

13  principals.

14         (2)  The Department of Education shall coordinate

15  through the network identified in subsection (1) to offer the

16  program through multiple delivery systems, including:

17         (a)  Approved school district training programs.

18         (b)  Interactive technology-based instruction.

19         (c)  State, regional, or local leadership academies.

20         (3)  The State Board of Education shall adopt rules

21  pursuant to ss. 120.536(1) and 120.54 to administer this

22  section.

23         Section 63.  Section 1012.987, Florida Statutes, is

24  repealed.

25         Section 64.  This act shall take effect upon becoming a

26  law.

27  

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2048

 3                                 

 4  The committee substitute:

 5  Revises requirements for high school graduation to include
    eight credits in majors, minors, or electives;
 6  
    Increases requirements for promotion from middle school to
 7  include three courses in science and social studies;

 8  Provides for comprehensive career academy projects;

 9  Establishes the Ready to Work Initiative to provide skills and
    credentials for students in specific occupations.
10  
    Revises the standard college preparatory program of the
11  accelerated high school graduation options to require that at
    least 6 of the 18 credits be completed through International
12  Baccalaureate or Advanced Placement programs, raises the
    minimum GPA to 3.5, and requires at least a "B" in each
13  required course;

14  Repeals the career preparatory accelerated graduation option;

15  Requires assessment for students seeking a special high school
    diploma and for certain students to have the Florida
16  Comprehensive Achievement Test requirement waived;

17  Requires the Commissioner to research end of course
    assessments for secondary schools and assessment tools for
18  students with significant cognitive disabilities;

19  Eliminates honors courses from equal weighting with advanced
    placement and dual enrollment courses beginning with students
20  entering grade 9 in the 2006-2007 school year;

21  Requires district school boards to adopt a differentiated pay
    policy beginning with the 2007-2008 school year;
22  
    Provides that school districts may forego implementation of
23  the E-COMP performance pay plan until the beginning of the
    2007-08 school year; and
24  
    Repeals s. 446.609, F.S., the Jobs for Florida's Graduates
25  Act.

26  

27  

28  

29  

30  

31  

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