Senate Bill sb0454

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    Florida Senate - 2006                                   SB 454

    By Senator Wilson





    33-32-06

  1                      A bill to be entitled

  2         An act relating to public school student

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

  4         revising the components of school district

  5         student progression programs; eliminating

  6         guidelines for allocating school district

  7         remedial and supplemental instruction

  8         resources; providing for the retention of

  9         students under specified circumstances;

10         eliminating mandatory retention requirements

11         for certain students in grade 3; eliminating

12         midyear promotion; providing procedures for

13         parental requests for retention; providing for

14         appeals; eliminating standards for exemption

15         from mandatory retention, to conform; revising

16         the parental notification requirements;

17         revising guidelines for remedial reading

18         instruction and intervention strategies;

19         revising the purpose of the Reading Enhancement

20         and Acceleration Development Initiative;

21         revising the eligibility criteria for the

22         Intensive Acceleration Class; revising the

23         requirements for reports by district school

24         boards; specifying required rules; amending s.

25         1002.20, F.S.; conforming a cross-reference;

26         amending s. 1002.23, F.S., to conform;

27         requiring the State Board of Education to

28         initiate the adoption of rules by a time

29         certain; providing an effective date.

30  

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

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 1         Section 1.  Section 1008.25, Florida Statutes, is

 2  amended to read:

 3         1008.25  Public school student progression; remedial

 4  instruction; reporting requirements.--

 5         (1)  INTENT.--It is the intent of the Legislature that

 6  each student's progression from one grade to another be

 7  determined, in part, upon proficiency in reading, writing,

 8  science, and mathematics; that district school board policies

 9  facilitate such proficiency; and that each student and his or

10  her parent be informed of that student's academic progress.

11         (2)  COMPREHENSIVE PROGRAM.--Each district school board

12  shall establish a comprehensive program for student

13  progression which must include:

14         (a)  Standards for evaluating each student's

15  performance, including how well he or she masters the

16  performance standards approved by the State Board of

17  Education.

18         (b)  Specific levels of performance in reading,

19  writing, science, and mathematics for each grade level,

20  including the levels of performance on statewide assessments

21  as defined by the commissioner, below which a student must

22  receive remediation, or be retained within an intensive

23  program that is different from the previous year's program and

24  that takes into account the student's learning style.

25         (c)  Appropriate alternative placement for a student

26  who has been retained 2 or more years.

27         (3)  ALLOCATION OF RESOURCES.--District school boards

28  shall allocate remedial and supplemental instruction resources

29  to students in the following priority:

30         (a)  Students who are deficient in reading by the end

31  of grade 3.

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 1         (b)  Students who fail to meet performance levels

 2  required for promotion consistent with the district school

 3  board's plan for student progression required in paragraph

 4  (2)(b).

 5         (3)(4)  ASSESSMENT AND REMEDIATION.--

 6         (a)  Each student must participate in the statewide

 7  assessment tests required by s. 1008.22. Each student who does

 8  not meet specific levels of performance as determined by the

 9  district school board in reading, writing, science, and

10  mathematics for each grade level, or who does not meet

11  specific levels of performance as determined by the

12  commissioner on statewide assessments at selected grade

13  levels, must be provided with additional diagnostic

14  assessments to determine the nature of the student's

15  difficulty and areas of academic need.

16         (b)  The school in which the student is enrolled must

17  develop, in consultation with the student's parent, and must

18  implement an academic improvement plan designed to assist the

19  student in meeting state and district expectations for

20  proficiency. For a student for whom a personalized middle

21  school success plan is required pursuant to s. 1003.415, the

22  middle school success plan must be incorporated in the

23  student's academic improvement plan. Beginning with the

24  2002-2003 school year, if the student has been identified as

25  having a deficiency in reading, the academic improvement plan

26  shall identify the student's specific areas of deficiency in

27  phonemic awareness, phonics, fluency, comprehension, and

28  vocabulary; the desired levels of performance in these areas;

29  and the instructional and support services to be provided to

30  meet the desired levels of performance. Schools shall also

31  provide for the frequent monitoring of the student's progress

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 1  in meeting the desired levels of performance. District school

 2  boards shall assist schools and teachers to implement

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

 4  successful in teaching reading to low-performing students.

 5  Remedial instruction provided during high school may not be in

 6  lieu of English and mathematics credits required for

 7  graduation.

 8         (c)  Upon subsequent evaluation, if the documented

 9  deficiency has not been remediated in accordance with the

10  academic improvement plan, the student may be retained as

11  provided in subsection (5). Each student who does not meet the

12  minimum performance expectations defined by the Commissioner

13  of Education for the statewide assessment tests in reading,

14  writing, science, and mathematics must continue to be provided

15  with remedial or supplemental instruction until the

16  expectations are met or the student graduates from high school

17  or is not subject to compulsory school attendance.

18         (4)(5)  READING DEFICIENCY AND PARENTAL NOTIFICATION.--

19         (a)  It is the ultimate goal of the Legislature that

20  every student read at or above grade level. Any student who

21  exhibits a substantial deficiency in reading, based upon

22  locally determined or statewide assessments conducted in

23  kindergarten or grade 1, grade 2, or grade 3, or through

24  teacher observations, must be given intensive reading

25  instruction immediately following the identification of the

26  reading deficiency. The student's reading proficiency must be

27  reassessed by locally determined assessments or through

28  teacher observations at the beginning of the grade following

29  the intensive reading instruction. The student must continue

30  to be provided with intensive reading instruction until the

31  reading deficiency is remedied.

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 1         (b)  Beginning with the 2006-2007 2002-2003 school

 2  year, if the student's reading deficiency, as identified in

 3  paragraph (a), is not remedied by the end of grade 3, as

 4  demonstrated by scoring at Level 2 or higher on the statewide

 5  assessment test in reading for grade 3, the student may must

 6  be retained as provided in subsection (5).

 7         (c)  The parent of any student who exhibits a

 8  substantial deficiency in reading, as described in paragraph

 9  (a), must be notified in writing of the following:

10         1.  That his or her child has been identified as having

11  a substantial deficiency in reading.

12         2.  A description of the current services that are

13  provided to the child.

14         3.  A description of the proposed supplemental

15  instructional services and supports that will be provided to

16  the child that are designed to remediate the identified area

17  of reading deficiency.

18         4.  That if the child's reading deficiency is not

19  remediated by the end of the child's grade level grade 3, the

20  child may must be retained as provided in subsection (5)

21  unless he or she is exempt from mandatory retention for good

22  cause.

23         5.  Strategies for parents to use in helping their

24  child succeed in reading proficiency.

25         6.  That the Florida Comprehensive Assessment Test

26  (FCAT) is not the sole determiner of promotion and that

27  additional evaluations, portfolio reviews, and assessments are

28  available to the child to assist parents and the school

29  district in knowing when a child is reading at or above grade

30  level and ready for grade promotion.

31  

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 1         7.  The district's specific criteria and policies for

 2  midyear promotion. Midyear promotion means promotion of a

 3  retained student at any time during the year of retention once

 4  the student has demonstrated ability to read at grade level.

 5         (5)(6)  ELIMINATION OF SOCIAL PROMOTION; RETENTION;

 6  APPEALS.--

 7         (a)  A No student may not be assigned to a grade level

 8  based solely on age or other factors that constitute social

 9  promotion.

10         (b)  The district school board may retain only exempt

11  students only from mandatory retention, as provided in this

12  subsection paragraph (5)(b), for good cause. Good cause

13  exemptions shall be limited to the following:

14         1.  Limited English proficient students who have had

15  less than 2 years of instruction in an English for Speakers of

16  Other Languages program.

17         2.  Students with disabilities whose individual

18  education plan indicates that participation in the statewide

19  assessment program is not appropriate, consistent with the

20  requirements of State Board of Education rule.

21         3.  Students who demonstrate an acceptable level of

22  performance on an alternative standardized reading assessment

23  approved by the State Board of Education.

24         4.  Students who demonstrate, through a student

25  portfolio, that the student is reading on grade level as

26  evidenced by demonstration of mastery of the Sunshine State

27  Standards in reading equal to at least a Level 2 performance

28  on the FCAT.

29         5.  Students with disabilities who participate in the

30  FCAT and who have an individual education plan or a Section

31  504 plan that reflects that the student has received the

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 1  intensive remediation in reading, as required by paragraph

 2  (4)(b), for more than 2 years but still demonstrates a

 3  deficiency in reading and was previously retained in

 4  kindergarten, grade 1, grade 2, or grade 3.

 5         6.  Students who have received the intensive

 6  remediation in reading as required by paragraph (4)(b) for 2

 7  or more years but still demonstrate a deficiency in reading

 8  and who were previously retained in kindergarten, grade 1,

 9  grade 2, or grade 3 for a total of 2 years. Intensive reading

10  instruction for students so promoted must include an altered

11  instructional day based upon an academic improvement plan that

12  includes specialized diagnostic information and specific

13  reading strategies for each student. The district school board

14  shall assist schools and teachers to implement reading

15  strategies that research has shown to be successful in

16  improving reading among low-performing readers.

17         (c)  Written requests for the retention of a student

18  must good cause exemptions for students from the mandatory

19  retention requirement as described in subparagraphs (b)3. and

20  4. shall be made consistent with the following:

21         1.  Documentation must shall be submitted from the

22  student's teacher to the school principal which that indicates

23  that the retention promotion of the student is appropriate and

24  is based upon the student's academic record.  In order to

25  minimize paperwork requirements, such documentation must shall

26  consist only of the existing academic improvement plan,

27  individual educational plan, if applicable, report card, or

28  student portfolio.

29         2.  The school principal shall review the parent's

30  request and the teacher's recommendation and discuss the such

31  recommendation with:

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 1         a.  The teacher;

 2         b.  The parent;

 3         c.  A representative of the school district who is

 4  qualified to provide or supervise the provision of specially

 5  designed instruction to meet the unique needs of the student,

 6  is knowledgeable about the general curriculum, and is

 7  knowledgeable about the availability of resources of the

 8  school district; and

 9         d.  Other individuals, at the discretion of the parent

10  or the school district, who have knowledge or special

11  expertise regarding the student. The determination of the

12  knowledge or special expertise of any such individual shall be

13  made by the party who invited the individual to be a part of

14  the discussion.

15  

16  The school principal shall and make the determination as to

17  whether the student should be promoted or retained.  If the

18  school principal determines that the student should be

19  promoted, the school principal shall make such recommendation

20  in writing to the district school superintendent.  The

21  district school superintendent shall accept or reject the

22  school principal's recommendation in writing.

23         3.  The parent may appeal the decision of the district

24  school superintendent to the district school board.

25         (6)(7)  SUCCESSFUL PROGRESSION FOR RETAINED READERS.--

26         (a)  Students who have a substantial reading deficiency

27  as determined under paragraph (4)(a) retained under the

28  provisions of paragraph (5)(b) must be provided intensive

29  interventions in reading to ameliorate the student's specific

30  reading deficiency, as identified by a valid and reliable

31  diagnostic assessment. This intensive intervention must

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 1  include effective instructional strategies, participation in

 2  the school district's summer reading camp, and appropriate

 3  teaching methodologies necessary to assist those students in

 4  becoming successful readers who are, able to read at or above

 5  grade level, and ready for promotion to the next grade.

 6         (b)  Beginning with the 2004-2005 school year, each

 7  school district shall:

 8         1.  Conduct a review of student academic improvement

 9  plans for all students who did not score above Level 1 on the

10  reading portion of the FCAT and did not meet the criteria for

11  one of the good cause exemptions in paragraph (6)(b). The

12  review shall address additional supports and services, as

13  described in this subsection, needed to remediate the

14  identified areas of reading deficiency. The school district

15  shall require a student portfolio to be completed for each

16  such student.

17         2.  Provide students who are retained under the

18  provisions of paragraph (5)(b) with intensive instructional

19  services and supports to remediate the identified areas of

20  reading deficiency, including a minimum of 90 minutes of

21  daily, uninterrupted, scientifically research-based reading

22  instruction and other strategies prescribed by the school

23  district, which may include, but are not limited to:

24         a.  Small group instruction.

25         b.  Reduced teacher-student ratios.

26         c.  More frequent progress monitoring.

27         d.  Tutoring or mentoring.

28         e.  Transition classes containing 3rd and 4th grade

29  students.

30         f.  Extended school day, week, or year.

31         g.  Summer reading camps.

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 1         3.  Provide written notification to the parent of any

 2  student who is identified as having a substantial reading

 3  deficiency under paragraph (4)(a) retained under the

 4  provisions of paragraph (5)(b) that his or her child has not

 5  met the proficiency level required for promotion and the

 6  reasons the child is not eligible for a good cause exemption

 7  as provided in paragraph (6)(b). The notification must comply

 8  with the provisions of s. 1002.20(14) and must include a

 9  description of proposed interventions and supports that will

10  be provided to the child to remediate the identified areas of

11  reading deficiency.

12         4.  Implement a policy for the midyear promotion of any

13  student retained under the provisions of paragraph (5)(b) who

14  can demonstrate that he or she is a successful and independent

15  reader, reading at or above grade level, and ready to be

16  promoted to grade 4. Tools that school districts may use in

17  reevaluating any student retained may include subsequent

18  assessments, alternative assessments, and portfolio reviews,

19  in accordance with rules of the State Board of Education.

20  Students promoted during the school year after November 1 must

21  demonstrate proficiency above that required to score at Level

22  2 on the grade 3 FCAT, as determined by the State Board of

23  Education. The State Board of Education shall adopt standards

24  that provide a reasonable expectation that the student's

25  progress is sufficient to master appropriate 4th grade level

26  reading skills.

27         4.5.  Provide students who are identified as having a

28  substantial reading deficiency under paragraph (4)(a) retained

29  under the provisions of paragraph (5)(b) with a

30  high-performing teacher as determined by student performance

31  data and above-satisfactory performance appraisals.

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 1         5.6.  In addition to required reading enhancement and

 2  acceleration strategies, provide parents of students

 3  identified as having a substantial reading deficiency to be

 4  retained with at least one of the following instructional

 5  options:

 6         a.  Supplemental tutoring in scientifically

 7  research-based reading services in addition to the regular

 8  reading block, including tutoring before and/or after school.

 9         b.  A "Read at Home" plan outlined in a parental

10  contract, including participation in "Families Building Better

11  Readers Workshops" and regular parent-guided home reading.

12         c.  A mentor or tutor with specialized reading

13  training.

14         6.7.  Establish a Reading Enhancement and Acceleration

15  Development (READ) Initiative. The focus of the READ

16  Initiative shall be to prevent the retention of grade 3

17  students and to offer intensive accelerated reading

18  instruction to grade 3 students who failed to meet standards

19  for promotion to grade 4 and to each K-3 student who is

20  assessed as exhibiting a reading deficiency. The READ

21  Initiative shall:

22         a.  Be provided to all K-3 students at risk of not

23  meeting grade level expectations retention as identified by

24  the statewide assessment system used in Reading First schools.

25  The assessment must measure phonemic awareness, phonics,

26  fluency, vocabulary, and comprehension.

27         b.  Be provided during regular school hours in addition

28  to the regular reading instruction.

29         c.  Provide a state-identified reading curriculum that

30  has been reviewed by the Florida Center for Reading Research

31  

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 1  at Florida State University and meets, at a minimum, the

 2  following specifications:

 3         (I)  Assists students assessed as exhibiting a reading

 4  deficiency in developing the ability to read at grade level.

 5         (II)  Provides skill development in phonemic awareness,

 6  phonics, fluency, vocabulary, and comprehension.

 7         (III)  Provides scientifically based and reliable

 8  assessment.

 9         (IV)  Provides initial and ongoing analysis of each

10  student's reading progress.

11         (V)  Is implemented during regular school hours.

12         (VI)  Provides a curriculum in core academic subjects

13  to assist the student in maintaining or meeting proficiency

14  levels for the appropriate grade in all academic subjects.

15         7.8.  Establish at each school, where applicable, an

16  Intensive Acceleration Class for retained grade 3 students who

17  subsequently score at Level 1 on the reading portion of the

18  FCAT. The focus of the Intensive Acceleration Class shall be

19  to increase a child's reading level at least two grade levels

20  in 1 school year. The Intensive Acceleration Class shall:

21         a.  Be provided to any student in grade 3 who scores at

22  Level 1 on the reading portion of the FCAT and who was

23  retained in grade 3 the prior year because of scoring at Level

24  1 on the reading portion of the FCAT.

25         b.  Have a reduced teacher-student ratio.

26         c.  Provide uninterrupted reading instruction for the

27  majority of student contact time each day and incorporate

28  opportunities to master the grade 4 Sunshine State Standards

29  in other core subject areas.

30  

31  

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 1         d.  Use a reading program that is scientifically

 2  research-based and has proven results in accelerating student

 3  reading achievement within the same school year.

 4         e.  Provide intensive language and vocabulary

 5  instruction using a scientifically research-based program,

 6  including use of a speech-language therapist.

 7         f.  Include weekly progress monitoring measures to

 8  ensure progress is being made.

 9         g.  Report to the Department of Education, in the

10  manner described by the department, the progress of students

11  in the class at the end of the first semester.

12         8.9.  Report to the State Board of Education, as

13  requested, on the specific intensive reading interventions and

14  supports implemented at the school district level. The

15  Commissioner of Education shall annually prescribe the

16  required components of requested reports.

17         10.  Provide a student who has been retained in grade 3

18  and has received intensive instructional services but is still

19  not ready for grade promotion, as determined by the school

20  district, the option of being placed in a transitional

21  instructional setting. Such setting shall specifically be

22  designed to produce learning gains sufficient to meet grade 4

23  performance standards while continuing to remediate the areas

24  of reading deficiency.

25         (7)(8)  ANNUAL REPORT.--

26         (a)  In addition to the requirements in paragraph

27  (5)(b), Each district school board must annually report to the

28  parent of each student the progress of the student toward

29  achieving state and district expectations for proficiency in

30  reading, writing, science, and mathematics. The district

31  school board must report to the parent the student's results

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 1  on each statewide assessment test. The evaluation of each

 2  student's progress must be based upon the student's classroom

 3  work, observations, tests, district and state assessments, and

 4  other relevant information. Progress reporting must be

 5  provided to the parent in writing in a format adopted by the

 6  district school board.

 7         (b)  Beginning with the 2001-2002 school year, each

 8  district school board must annually publish in the local

 9  newspaper, and report in writing to the State Board of

10  Education by September 1 of each year, the following

11  information on the prior school year:

12         1.  The provisions of this section relating to public

13  school student progression and the district school board's

14  policies and procedures on student retention and promotion.

15         2.  By grade, the number and percentage of all students

16  in grades 3 through 10 performing at Levels 1 and 2 on the

17  reading portion of the FCAT.

18         3.  By grade, the number and percentage of all students

19  retained as provided in subsection (5) in grades 3 through 10.

20         4.  Information on the total number of students who

21  were promoted for good cause, by each category of good cause

22  as specified in paragraph (6)(b).

23         5.  Any revisions to the district school board's policy

24  on student retention and promotion from the prior year.

25         (8)(9)  STATE BOARD AUTHORITY AND RESPONSIBILITIES.--

26         (a)  The State Board of Education shall have authority

27  as provided in s. 1008.32 to enforce this section.

28         (b)  The State Board of Education shall adopt rules

29  pursuant to ss. 120.536(1) and 120.54 for the administration

30  of this section, including, but not limited to, rules

31  establishing procedures by which parents may appeal a decision

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 1  by the district school superintendent as provided in

 2  subsection (5).

 3         (9)(10)  TECHNICAL ASSISTANCE.--The department shall

 4  provide technical assistance as needed to aid district school

 5  boards in administering this section.

 6         Section 2.  Subsection (11) of section 1002.20, Florida

 7  Statutes, is amended to read:

 8         1002.20  K-12 student and parent rights.--Parents of

 9  public school students must receive accurate and timely

10  information regarding their child's academic progress and must

11  be informed of ways they can help their child to succeed in

12  school. K-12 students and their parents are afforded numerous

13  statutory rights including, but not limited to, the following:

14         (11)  STUDENTS WITH READING DEFICIENCIES.--Each

15  elementary school shall regularly assess the reading ability

16  of each K-3 student. The parent of any K-3 student who

17  exhibits a reading deficiency shall be immediately notified of

18  the student's deficiency with a description and explanation,

19  in terms understandable to the parent, of the exact nature of

20  the student's difficulty in learning and lack of achievement

21  in reading; shall be consulted in the development of a

22  detailed academic improvement plan, as described in s.

23  1008.25(3)(b) s. 1008.25(4)(b); and shall be informed that the

24  student will be given intensive reading instruction until the

25  deficiency is corrected. This subsection operates in addition

26  to the remediation and notification provisions contained in s.

27  1008.25 and in no way reduces the rights of a parent or the

28  responsibilities of a school district under that section.

29         Section 3.  Subsection (2) of section 1002.23, Florida

30  Statutes, is amended to read:

31  

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 1         1002.23  Family and School Partnership for Student

 2  Achievement Act.--

 3         (2)  To facilitate meaningful parent and family

 4  involvement, the Department of Education shall develop

 5  guidelines for a parent guide to successful student

 6  achievement which describes what parents need to know about

 7  their child's educational progress and how they can help their

 8  child to succeed in school. The guidelines shall include, but

 9  need not be limited to:

10         (a)  Parental information regarding:

11         1.  Options Requirements for their child to be retained

12  promoted to the next grade, as provided for in s. 1008.25;

13         2.  Progress of their child toward achieving state and

14  district expectations for academic proficiency;

15         3.  Assessment results, including report cards and

16  progress reports; and

17         4.  Qualifications of their child's teachers;

18         (b)  Services available for parents and their children,

19  such as family literacy services; mentoring, tutorial, and

20  other academic reinforcement programs; college planning,

21  academic advisement, and student counseling services; and

22  after-school programs;

23         (c)  Opportunities for parental participation, such as

24  parenting classes, adult education, school advisory councils,

25  and school volunteer programs;

26         (d)  Opportunities for parents to learn about rigorous

27  academic programs that may be available for their child, such

28  as honors programs, dual enrollment, advanced placement,

29  International Baccalaureate, International General Certificate

30  of Secondary Education (pre-AICE), Advanced International

31  

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 1  Certificate of Education, Florida Virtual High School courses,

 2  and accelerated access to postsecondary education;

 3         (e)  Educational choices, as provided for in s.

 4  1002.20(6), and corporate income tax credit scholarships, as

 5  provided for in s. 220.187;

 6         (f)  Classroom and test accommodations available for

 7  students with disabilities; and

 8         (g)  School board rules, policies, and procedures for

 9  student promotion and retention, academic standards, student

10  assessment, courses of study, instructional materials, and

11  contact information for school and district offices.

12         Section 4.  The State Board of Education shall initiate

13  the adoption of rules required by this act no more than 10

14  days after the effective date of this act.

15         Section 5.  This act shall take effect upon becoming a

16  law.

17  

18            *****************************************

19                          SENATE SUMMARY

20    Amends provisions relating to public school student
      progression, remedial instruction, and reporting
21    requirements. Eliminates certain mandatory retention
      requirements. Eliminates midyear promotion. Provides for
22    rulemaking by the State Board of Education and requires
      that the rulemaking process be initiated by 10 days after
23    the effective date of the act. (See bill for details.)

24  

25  

26  

27  

28  

29  

30  

31  

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