HB 7087

1
A bill to be entitled
2An act relating to education; amending s. 11.90, F.S.;
3authorizing the Legislative Budget Commission to review a
4state plan to implement federal requirements; amending s.
520.15, F.S.; establishing the Division of Accountability,
6Research, and Measurement in the Department of Education;
7amending s. 1000.03, F.S.; revising the mission of the
8state's K-20 education system; repealing s. 1000.041,
9F.S., to conform provisions relating to the 2005 repeal of
10the BEST Florida Teaching salary career ladder program;
11amending s. 1001.02, F.S.; requiring legislative review of
12a revised state plan to implement certain federal
13requirements; amending s. 1001.03, F.S.; requiring
14periodic review of Sunshine State Standards subject areas
15and an annual status report; requiring rules for certain
16teachers to earn a reading credential equivalent;
17requiring the maintenance of a uniform school district
18personnel classification system; amending s. 1001.10,
19F.S.; requiring legislative review of a revised state plan
20to implement certain federal requirements; creating s.
211001.215, F.S.; creating the Just Read, Florida! Office in
22the Department of Education; providing duties; amending s.
231001.33, F.S.; conforming provisions relating to the 2005
24repeal of the BEST Florida Teaching salary career ladder
25program; amending s. 1001.41, F.S.; requiring district
26school boards to adopt standards and policies to provide
27each student a complete education program; amending s.
281001.42, F.S.; providing a district school board
29requirement relating to the opening date of the school
30year; conforming provisions relating to the 2005 repeal of
31the BEST Florida Teaching salary career ladder program;
32providing requirements for each school district's system
33of school improvement and student progression; revising
34requirements for school improvement plans; requiring
35alignment with the Sunshine State Standards; revising
36format and content of public disclosure reports;
37conforming provisions relating to deletion of a rigorous
38reading requirement and the designation of school grades;
39repealing s. 1001.51(24), F.S., and amending s. 1001.54,
40F.S.; conforming provisions relating to the 2005 repeal of
41the BEST Florida Teaching salary career ladder program;
42revising provisions relating to duties of school
43principals; amending s. 1002.38, F.S., relating to the
44Opportunity Scholarship Program; conforming provisions
45relating to the designation of school grades; amending s.
461003.01, F.S.; revising definition of the term "special
47education services"; amending s. 1003.05, F.S.; deleting
48the requirement that certain children receive preference
49for admission to special academic programs even if maximum
50enrollment has been reached; revising programs defined as
51"special academic programs" for purposes of such
52preference; creating s. 1003.413, F.S., relating to
53secondary school reform; providing intent and guiding
54principles; requiring district school boards to establish
55policies to implement requirements for middle grades
56promotion, revised requirements for high school
57graduation, and requirements for career and professional
58academies; requiring policy approval and department
59support for implementation; directing the Commissioner of
60Education to create and implement the Secondary School
61Improvement Award Program; repealing s. 1003.415, F.S.,
62the Middle Grades Reform Act; creating s. 1003.4156, F.S.;
63providing general course requirements for middle grades
64promotion; requiring intensive reading and mathematics
65courses in certain circumstances; authorizing rulemaking
66and enforcement; amending s. 1003.42, F.S.; providing for
67required instruction for middle grades promotion; creating
68s. 1003.428, F.S.; establishing revised general
69requirements for high school graduation; providing
70applicability beginning with 2007-2008 first-year high
71school students; requiring completion of specified credits
72or a specified curriculum; requiring strategies for
73exceptional students to meet graduation requirements;
74requiring standards for graduation; requiring rules for
75test accommodations and modifications in certain cases;
76providing requirements for standard diplomas and
77certificates of completion with exceptions; authorizing
78rulemaking and enforcement; amending s. 1003.437, F.S.;
79including middle grades in the uniform grading system;
80repealing s. 1003.492(3) and (4), F.S., relating to
81department studies of student performance in industry-
82certified career education programs; creating s. 1003.493,
83F.S.; defining career and professional academies and
84specifying goals of the academies; providing requirements
85of academies relating to curriculum, partnerships,
86instruction, career education certification, and
87evaluation; amending s. 1003.57, F.S.; providing
88guidelines for determining the residency of a student who
89receives instruction as an exceptional student with a
90disability; requiring the student's placing authority or
91parent to pay the cost of such instruction, facilities,
92and services; providing responsibilities of the
93department; providing responsibilities of residential
94facilities that educate exceptional students with
95disabilities; providing applicability; creating s.
961003.576, F.S.; requiring the department to develop an
97individual education plan form for use in developing and
98implementing individual education plans for exceptional
99students; requiring school districts to use the form;
100amending s. 1003.58, F.S.; correcting a cross-reference;
101amending s. 1003.62, F.S.; conforming provisions relating
102to the designation of school grades and differentiated pay
103for school administrators and instructional personnel;
104creating s. 1004.99, F.S., the Florida Ready to Work
105Certification Program to enhance student workplace skills;
106providing for program implementation and requirements;
107authorizing rulemaking; amending s. 1006.09, F.S.;
108conforming provisions relating to differentiated pay;
109amending s. 1007.2615, F.S.; revising provisions for
110certification of American Sign Language teachers; amending
111s. 1008.22, F.S.; specifying FCAT grade level and subject
112area testing requirements; requiring documentation of
113procedures that ensure test difficulty under certain
114circumstances; requiring certain opportunities for
115demonstrating student performance; requiring the
116Commissioner of Education to adopt scores concordant to
117FCAT scores required for high school graduation; providing
118that such scores satisfy requirements for a diploma;
119clarifying eligibility to use such scores; requiring an
120annual report on student performance; repealing s.
1211008.221, F.S., relating to alternative assessments for
122dependent children of military personnel, to conform;
123amending s. 1008.25, F.S.; authorizing district school
124boards to require low-performing students to attend
125remediation programs outside of regular school hours or
126during the summer; requiring the department to establish a
127uniform format for reporting information relating to
128student progression; requiring an annual report; repealing
129s. 1008.301, F.S., relating to a concordance study of FCAT
130equivalencies for high school graduation; amending s.
1311008.31, F.S.; revising intent, goals, and measures of the
132K-20 performance accountability system and requiring data
133quality improvements; requiring adoption of rules;
134amending s. 1008.33, F.S.; conforming a cross-reference
135and provisions relating to the designation of school
136grades; authorizing principals to recommend corrective
137actions for low-performing faculty and staff at "F" graded
138schools and publication of a school's grade; amending s.
1391008.34, F.S.; revising terminology and provisions
140relating to designation and determination of school
141grades; providing for school grading for alternative
142schools and specifying requirements related thereto;
143defining the term "home school" for purposes of
144assessment; requiring an annual school report card to be
145published by the department and distributed by school
146districts; creating s. 1008.341, F.S.; providing for
147school improvement ratings for certain alternative
148schools; providing the basis for such ratings and
149requiring annual performance reports; providing for
150determination of school improvement ratings,
151identification of student learning gains, and eligibility
152for school recognition awards; requiring the development
153and distribution of an annual school report card;
154authorizing adoption of rules; amending s. 1008.345, F.S.;
155conforming a cross-reference and provisions relating to
156the designation of school grades; providing conditions for
157determination of a school district in a state of
158educational emergency; providing procedures to resolve the
159educational emergency, including state assistance;
160authorizing establishment of an educational emergency
161board and providing duties thereof; providing for an
162action plan to implement recommendations; amending s.
1631008.36, F.S.; authorizing certain alternative schools to
164participate in the Florida School Recognition Program;
165modifying procedures for determination and use of school
166recognition awards; amending s. 1011.62, F.S.; providing
167FTE funding for juveniles enrolled in specified education
168programs; conforming cross-references and provisions
169relating to the designation of school grades; establishing
170a research-based reading instruction allocation to provide
171funds for a comprehensive reading instruction system;
172requiring school district plans for use of the allocation
173and approval thereof; including the allocation in the
174total amount allocated to each school district for current
175operation; amending s. 1011.64, F.S.; conforming
176terminology and a cross-reference; amending s. 1011.67,
177F.S.; requiring district school board approval of a staff
178development plan relating to use of instructional
179materials; amending s. 1011.685, F.S.; conforming
180provisions relating to the 2005 repeal of the BEST Florida
181Teaching salary career ladder program and implementation
182of differentiated pay; amending s. 1011.71, F.S.;
183correcting a cross-reference; amending s. 1012.21, F.S.;
184requiring department reporting relating to school district
185collectively bargained contracts and the salary and
186benefits of certain personnel; amending s. 1012.22, F.S.;
187requiring each district school board to adopt a salary
188schedule with differentiated pay for instructional
189personnel and school-based administrators beginning with
190the 2007-2008 academic year; creating s. 1012.2315, F.S.;
191providing school district requirements for the assignment
192of teachers and providing procedures for noncompliance;
193amending s. 1012.27, F.S.; conforming provisions relating
194to the 2005 repeal of the BEST Florida Teaching salary
195career ladder program and implementation of differentiated
196pay; amending s. 1012.28, F.S.; conforming provisions
197relating to differentiated pay; amending s. 1012.34, F.S.;
198conforming provisions relating to deletion of a rigorous
199reading requirement; amending s. 1012.56, F.S.;
200encouraging school districts to provide mechanisms for
201teachers to obtain subject area coverage for middle
202grades; creating s. 1012.986, F.S.; establishing the
203William Cecil Golden Professional Development Program for
204School Leaders; defining the term "school leader";
205providing for school leader designations; providing
206program requirements and delivery systems; requiring
207adoption of rules; repealing s. 1012.987, F.S., which
208requires the State Board of Education to adopt rules
209through which school principals may earn a leadership
210designation; providing an effective date.
211
212     WHEREAS, students will have the best opportunity to obtain
213a high-quality education in the public education system of this
214state and that system can best be enhanced when resources are
215allocated efficiently and are concentrated in a rigorous and
216relevant classroom learning environment, when teachers and
217principals are supported, when high-quality educational
218opportunity is reinforced through shared high academic and
219career expectations, when accurate data is consistently
220maintained and used to drive systemwide decisionmaking, and when
221successes are rewarded, failures are identified, and the public
222is apprised of both successes and failures, NOW, THEREFORE,
223
224Be It Enacted by the Legislature of the State of Florida:
225
226     Section 1.  Subsection (8) is added to section 11.90,
227Florida Statutes, to read:
228     11.90  Legislative Budget Commission.--
229     (8)  Upon the 2007 reauthorization of the federal No Child
230Left Behind Act of 2001, the commission may review the proposed
231state plan of the State Board of Education and the Commissioner
232of Education before that plan is submitted.
233     Section 2.  Paragraph (f) is added to subsection (3) of
234section 20.15, Florida Statutes, to read:
235     20.15  Department of Education.--There is created a
236Department of Education.
237     (3)  DIVISIONS.--The following divisions of the Department
238of Education are established:
239     (f)  Division of Accountability, Research, and Measurement.
240     Section 3.  Subsection (4) of section 1000.03, Florida
241Statutes, is amended to read:
242     1000.03  Function, mission, and goals of the Florida K-20
243education system.--
244     (4)  The mission of Florida's K-20 education system is to
245allow its students to increase their proficiency by allowing
246them the opportunity to expand their knowledge and skills
247through high-quality, rigorous, relevant adequate learning
248opportunities, in accordance with the mission statement and
249accountability requirements of s. 1008.31.
250     Section 4.  Section 1000.041, Florida Statutes, is
251repealed.
252     Section 5.  Paragraph (g) of subsection (2) of section
2531001.02, Florida Statutes, is amended to read:
254     1001.02  General powers of State Board of Education.--
255     (2)  The State Board of Education has the following duties:
256     (g)  To approve plans for cooperating with the Federal
257Government. Upon the 2007 reauthorization of the federal No
258Child Left Behind Act of 2001, the Commissioner of Education
259shall seek public input and secure legislative review of the
260revised state plan prior to submission.
261     Section 6.  Subsections (1), (3), and (14) of section
2621001.03, Florida Statutes, are amended to read:
263     1001.03  Specific powers of State Board of Education.--
264     (1)  PUBLIC K-12 STUDENT PERFORMANCE STANDARDS.--The State
265Board of Education shall approve the student performance
266standards known as the Sunshine State Standards in key academic
267subject areas and grade levels. The state board shall establish
268a schedule to facilitate the periodic review of each subject
269area to maintain rigor, relevance, integration, and
270reinforcement for student achievement and articulation and
271evaluate how the standards are taught at each grade level. The
272review teams for each Sunshine State Standards subject area must
273include representatives from each other Sunshine State Standards
274subject area to support valid integration of content and to
275address the learning styles and instructional needs of all
276students. Each review team must address the following:
277     (a)  Rigor, relevance, logical student progression,
278articulation from grade to grade, and integration of reading,
279writing, and mathematics.
280     (b)  Timelines for revision of course descriptions,
281adoption of instructional materials, modifications to the
282statewide assessment, and enhancements to professional
283development.
284     (c)  Input from parents, classroom teachers, school and
285district administrators, community college and university
286faculty, and business representatives, in collaboration with
287local education foundations.
288
289The review schedule and an annual status report must be
290submitted to the Governor, the President of the Senate, and the
291Speaker of the House of Representatives annually not later than
292January 1.
293     (3)  PROFESSIONAL CERTIFICATES.--The State Board of
294Education shall classify school services, designate the
295certification subject areas, establish competencies, including
296the use of technology to enhance student learning, and
297certification requirements for all school-based personnel, and
298prescribe rules in accordance with which the professional,
299temporary, and part-time certificates shall be issued by the
300Department of Education to applicants who meet the standards
301prescribed by such rules for their class of service, as
302described in chapter 1012. The state board shall adopt rules
303that give part-time and full-time nondegreed teachers of career
304programs, pursuant to s. 1012.39(1)(c), the opportunity to earn
305a reading credential equivalent to a reading endorsement.
306     (14)  UNIFORM CLASSIFICATION SYSTEM FOR SCHOOL DISTRICT
307ADMINISTRATIVE AND MANAGEMENT PERSONNEL.--The State Board of
308Education shall maintain recommend to the Legislature by
309February 1, 2003, a uniform classification system for school
310district administrative and management personnel that will
311facilitate the uniform coding of administrative and management
312personnel to total district employees.
313     Section 7.  Section 1001.10, Florida Statutes, is amended
314to read:
315     1001.10  Commissioner of Education; general powers and
316duties.--The Commissioner of Education is the chief educational
317officer of the state and the sole custodian of the K-20 data
318warehouse, and is responsible for giving full assistance to the
319State Board of Education in enforcing compliance with the
320mission and goals of the seamless K-20 education system. To
321facilitate innovative practices and to allow local selection of
322educational methods, the State Board of Education may authorize
323the commissioner to waive, upon the request of a district school
324board, State Board of Education rules that relate to district
325school instruction and school operations, except those rules
326pertaining to civil rights, and student health, safety, and
327welfare. The Commissioner of Education is not authorized to
328grant waivers for any provisions in rule pertaining to the
329allocation and appropriation of state and local funds for public
330education; the election, compensation, and organization of
331school board members and superintendents; graduation and state
332accountability standards; financial reporting requirements;
333reporting of out-of-field teaching assignments under s. 1012.42;
334public meetings; public records; or due process hearings
335governed by chapter 120. No later than January 1 of each year,
336the commissioner shall report to the Legislature and the State
337Board of Education all approved waiver requests in the preceding
338year. Additionally, the commissioner has the following general
339powers and duties:
340     (1)  To appoint staff necessary to carry out his or her
341powers and duties.
342     (2)  To advise and counsel with the State Board of
343Education on all matters pertaining to education; to recommend
344to the State Board of Education actions and policies as, in the
345commissioner's opinion, should be acted upon or adopted; and to
346execute or provide for the execution of all acts and policies as
347are approved.
348     (3)  To keep such records as are necessary to set forth
349clearly all acts and proceedings of the State Board of
350Education.
351     (4)  To have a seal for his or her office with which, in
352connection with his or her own signature, the commissioner shall
353authenticate true copies of decisions, acts, or documents.
354     (5)  To recommend to the State Board of Education policies
355and steps designed to protect and preserve the principal of the
356State School Fund; to provide an assured and stable income from
357the fund; to execute such policies and actions as are approved;
358and to administer the State School Fund.
359     (6)  To take action on the release of mineral rights based
360upon the recommendations of the Board of Trustees of the
361Internal Improvement Trust Fund.
362     (7)  To submit to the State Board of Education, on or
363before August 1 of each year, recommendations for a coordinated
364K-20 education budget that estimates the expenditures for the
365State Board of Education, including the Department of Education,
366the Commissioner of Education, and all of the boards,
367institutions, agencies, and services under the general
368supervision of the State Board of Education for the ensuing
369fiscal year. Any program recommended to the State Board of
370Education that will require increases in state funding for more
371than 1 year must be presented in a multiyear budget plan.
372     (8)  To develop and implement a plan for cooperating with
373the Federal Government in carrying out any or all phases of the
374educational program and to recommend policies for administering
375funds that are appropriated by Congress and apportioned to the
376state for any or all educational purposes. Upon the 2007
377reauthorization of the federal No Child Left Behind Act of 2001,
378the commissioner shall seek public input and secure legislative
379review of the revised state plan prior to submission.
380     (9)  To develop and implement policies for cooperating with
381other public agencies in carrying out those phases of the
382program in which such cooperation is required by law or is
383deemed by the commissioner to be desirable and to cooperate with
384public and nonpublic agencies in planning and bringing about
385improvements in the educational program.
386     (10)  To prepare forms and procedures as are necessary to
387be used by district school boards and all other educational
388agencies to assure uniformity, accuracy, and efficiency in the
389keeping of records, the execution of contracts, the preparation
390of budgets, or the submission of reports; and to furnish at
391state expense, when deemed advisable by the commissioner, those
392forms that can more economically and efficiently be provided.
393     (11)  To implement a program of school improvement and
394education accountability designed to provide all students the
395opportunity to make adequate learning gains in each year of
396school as provided by statute and State Board of Education rule
397based upon the achievement of the state education goals,
398recognizing the following:
399     (a)  The State Board of Education is the body corporate
400responsible for the supervision of the system of public
401education.
402     (b)  The district school board is responsible for school
403and student performance.
404     (c)  The individual school is the unit for education
405accountability.
406     (d)  The community college board of trustees is responsible
407for community college performance and student performance.
408     (e)  The university board of trustees is responsible for
409university performance and student performance.
410     (12)  To establish a Citizen Information Center responsible
411for the preparation, publication, and distribution of materials
412relating to the state system of seamless K-20 public education.
413     (13)  To prepare and publish annually reports giving
414statistics and other useful information pertaining to the
415Opportunity Scholarship Program.
416     (14)  To have printed or electronic copies of school laws,
417forms, instruments, instructions, and rules of the State Board
418of Education and provide for their distribution.
419     (15)  To develop criteria for use by state instructional
420materials committees in evaluating materials submitted for
421adoption consideration. The criteria shall, as appropriate, be
422based on instructional expectations reflected in curriculum
423frameworks and student performance standards. The criteria for
424each subject or course shall be made available to publishers of
425instructional materials pursuant to the requirements of chapter
4261006.
427     (16)  To prescribe procedures for evaluating instructional
428materials submitted by publishers and manufacturers in each
429adoption.
430
431The commissioner's office shall operate all statewide functions
432necessary to support the State Board of Education and the K-20
433education system, including strategic planning and budget
434development, general administration, and assessment and
435accountability.
436     Section 8.  Section 1001.215, Florida Statutes, is created
437to read:
438     1001.215  Just Read, Florida! Office.--There is created in
439the Department of Education the Just Read, Florida! Office. The
440office shall be fully accountable to the Commissioner of
441Education and shall:
442     (1)  Train highly effective reading coaches.
443     (2)  Create multiple designations of effective reading
444instruction, with accompanying endorsement credentials, which
445encourage all teachers to integrate reading instruction into
446their content areas.
447     (3)  Train K-12 teachers, school principals, and parents on
448research-based reading instructional strategies and secondary
449teachers on effective instructional strategies for teaching
450reading in the content areas with an emphasis on reading for
451information.
452     (4)  Provide technical assistance to school districts in
453the development and implementation of district plans for use of
454the research-based reading instruction allocation provided under
455s. 1011.62(8) and annually review and approve such plans.
456     (5)  Review, evaluate, and provide technical assistance to
457school districts on their implementation of the K-12
458comprehensive reading plan required by s. 1011.62(8).
459     (6)  Provide information on research-based reading programs
460and effective instructional strategies for teaching reading in
461the content areas and support for reading for information.
462     (7)  Periodically review the Sunshine State Standards for
463reading at all grade levels.
464     (8)  Periodically review teacher certification examinations
465to ascertain whether the examinations measure the skills needed
466for research-based reading, instructional strategies for
467teaching reading in the content areas, and support for reading
468for information.
469     (9)  Work with teacher preparation programs approved
470pursuant to s. 1004.04 to integrate into teacher preparation
471programs research-based reading instructional strategies and
472instructional strategies for teaching reading in the content
473areas.
474     (10)  Administer grants and perform other functions as
475necessary to meet the goal that all students read at grade
476level.
477     Section 9.  Section 1001.33, Florida Statutes, is amended
478to read:
479     1001.33  Schools under control of district school board and
480district school superintendent.--
481     (1)  Except as otherwise provided by law, all public
482schools conducted within the district shall be under the
483direction and control of the district school board with the
484district school superintendent as executive officer.
485     (2)  Each district school board, each district school
486superintendent, and each district and school-based administrator
487shall cooperate to apply the following guiding principles of
488Better Educated Students and Teachers (BEST) Florida Teaching:
489     (a)  Teachers lead, students learn.
490     (b)  Teachers maintain orderly, disciplined classrooms
491conducive to student learning.
492     (c)  Teachers are trained, recruited, well compensated, and
493retained for quality.
494     (d)  Teachers are well rewarded for their students' high
495performance.
496     (e)  Teachers are most effective when served by exemplary
497school administrators.
498     Section 10.  Subsection (3) of section 1001.41, Florida
499Statutes, is amended to read:
500     1001.41  General powers of district school board.--The
501district school board, after considering recommendations
502submitted by the district school superintendent, shall exercise
503the following general powers:
504     (3)  Prescribe and adopt standards and policies to provide
505each student the opportunity to receive a complete education
506program, including language arts, mathematics, science, social
507studies, health, physical education, foreign languages, and the
508arts, as defined by the Sunshine State Standards. The standards
509and policies must emphasize integration and reinforcement of
510reading, writing, and mathematics skills in a rigorous and
511relevant context across all subjects, including career and
512technical education as are considered desirable by it for
513improving the district school system.
514     Section 11.  Paragraph (f) of subsection (4), paragraph (c)
515of subsection (5), subsection (16), paragraph (d) of subsection
516(17), and subsection (18) of section 1001.42, Florida Statutes,
517are amended to read:
518     1001.42  Powers and duties of district school board.--The
519district school board, acting as a board, shall exercise all
520powers and perform all duties listed below:
521     (4)  ESTABLISHMENT, ORGANIZATION, AND OPERATION OF
522SCHOOLS.--Adopt and provide for the execution of plans for the
523establishment, organization, and operation of the schools of the
524district, including, but not limited to, the following:
525     (f)  Opening and closing of schools; fixing uniform
526date.--Adopt policies for the opening and closing of schools and
527fix uniform dates provided that the opening date of the school
528year for schools in the district shall be no earlier than 7 days
529before Labor Day each year.
530     (5)  PERSONNEL.--
531     (c)  Fully support and cooperate in the application of the
532guiding principles of Better Educated Students and Teachers
533(BEST) Florida Teaching, pursuant to s. 1000.041.
534     (16)  IMPLEMENT SCHOOL IMPROVEMENT AND
535ACCOUNTABILITY.--Maintain a system of school improvement and
536education accountability as provided by statute and State Board
537of Education rule. This system of school improvement and
538education accountability shall be consistent with, and
539implemented through, the district's continuing system of
540planning and budgeting required by this section and ss.
5411008.385, 1010.01, and 1011.01. This system of school
542improvement and education accountability shall include, but is
543not limited to, the following:
544     (a)  School improvement plans.--Annually approve and
545require implementation of a new, amended, or continuation school
546improvement plan for each school in the district, except that a
547district school board may establish a district school
548improvement plan that includes all schools in the district
549operating for the purpose of providing educational services to
550youth in Department of Juvenile Justice programs. The school
551improvement Such plan shall be designed to achieve the state
552education priorities pursuant to s. 1000.03(5) and student
553proficiency on the Sunshine State Standards pursuant to s.
5541003.41 performance standards. In addition, any school required
555to implement a rigorous reading requirement pursuant to s.
5561003.415 must include such component in its school improvement
557plan. Each plan shall also address issues relative to budget,
558training, instructional materials, technology, staffing, student
559support services, specific school safety and discipline
560strategies, student health and fitness, including physical
561fitness, parental involvement information on student health and
562fitness, and indoor environmental air quality, and other matters
563of resource allocation, as determined by district school board
564policy, and shall include be based on an accurate, data-based
565analysis of student achievement and other school performance
566data. For each school in the district that earns a school grade
567of "C" or below, or is required to have a school improvement
568plan under federal law, the school improvement plan shall, at a
569minimum include:
570     1.  A needs assessment, based on disaggregated student
571achievement data related to student performance on the FCAT,
572which is used to identify each individual student subgroup's
573strengths and weaknesses and to determine the effectiveness of
574the teaching and learning strategies that are being used in the
575classroom.
576     2.  Performance goals, based on the needs assessment, with
577measurable objectives of improvement in the areas of language
578arts, mathematics, and science for each student subgroup.
579     3.  A Sunshine State Standards instructional calendar and
580timeline based on the needs assessment for each grade and in
581each of the subject areas of language arts, mathematics, and
582science to focus and integrate instruction, manage instructional
583time, and allocate resources.
584     4.  The following strategies:
585     a.  Mini-assessments of targeted Sunshine State Standards
586benchmarks that provide ongoing progress monitoring of students
587and generate data to redesign instruction.
588     b.  Alternative in-school, tutorial, remediation, or
589enrichment programs for students that are based on each
590student's individual academic needs as defined by performance on
591the mini-assessments.
592     c.  A student performance monitoring plan and clearly
593assigned school personnel monitoring responsibilities.
594     5.  Professional development that supports enhanced
595instructional strategies, improves teaching and learning, and
596addresses skill gaps.
597     6.  If the school is a high school, annual publication of
598the school's graduation rate calculated without GEDs for the
599past 3 years, disaggregated by student ethnicity.
600
601For each school district with a school designated with a grade
602of "D" or "F," the district school board shall cooperate with
603the community assessment team assigned by the commissioner in
604accordance with s. 1008.345(6)(d).
605     (b)  Alignment with Sunshine State Standards.--Design the
606school district's system of school improvement and student
607progression to provide frequent and accurate information to the
608teacher and student regarding each student's progress toward
609mastering the Sunshine State Standards. The system must support
610the alignment of the Sunshine State Standards, monitoring of
611individual student progress, and enhanced instructional
612strategies, assessment, and professional development.
613     (c)(b)  Approval process.--Develop a process for approval
614of a school improvement plan presented by an individual school
615and its advisory council. In the event a district school board
616does not approve a school improvement plan after exhausting this
617process, the Department of Education shall be notified of the
618need for assistance.
619     (d)(c)  Assistance and intervention.--
620     1.  Develop a 2-year plan of increasing individualized
621assistance and intervention for each school in danger of not
622meeting state standards or making adequate progress, as defined
623pursuant to statute and State Board of Education rule, toward
624meeting the goals and standards of its approved school
625improvement plan.
626     2.  Provide assistance and intervention to a school that is
627designated with a identified as being in performance grade of
628category "D" pursuant to s. 1008.34 and is in danger of failing.
629     3.  Develop a plan to encourage teachers with demonstrated
630mastery in improving student performance to remain at or
631transfer to a school designated with a as performance grade of
632category "D" or "F" or to an alternative school that serves
633disruptive or violent youths. If a classroom teacher, as defined
634by s. 1012.01(2)(a), who meets the definition of teaching
635mastery developed according to the provisions of this paragraph,
636requests assignment to a school designated with a as performance
637grade of category "D" or "F" or to an alternative school that
638serves disruptive or violent youths, the district school board
639shall make every practical effort to grant the request.
640     4.  Prioritize, to the extent possible, the expenditures of
641funds received from the supplemental academic instruction
642categorical fund under s. 1011.62(1)(f) to improve student
643performance in schools that receive a performance grade category
644designation of "D" or "F."
645     (e)(d)  After 2 years.--Notify the Commissioner of
646Education and the State Board of Education in the event any
647school does not make adequate progress toward meeting the goals
648and standards of a school improvement plan by the end of 2 years
649of failing to make adequate progress and proceed according to
650guidelines developed pursuant to statute and State Board of
651Education rule. School districts shall provide intervention and
652assistance to schools in danger of being designated with a as
653performance grade of category "F," failing to make adequate
654progress.
655     (f)(e)  Public disclosure.--Provide information regarding
656performance of students and educational programs as required
657pursuant to ss. 1008.22 and 1008.385 and implement a system of
658school reports as required by statute and State Board of
659Education rule that shall include schools operating for the
660purpose of providing educational services to youth in Department
661of Juvenile Justice programs, and for those schools, report on
662the elements specified in s. 1003.52(19). Annual public
663disclosure reports shall be in an understandable and easy-to-
664read report card format, use multiple media such as electronic
665mail, websites, public service announcements, or print or
666electronic advertising, and shall include the school's student
667and school performance grade, high school graduation rate
668calculated without GEDs, disaggregated by student ethnicity,
669category designation and other performance data as specified in
670state board rule.
671     (g)(f)  School improvement funds.--Provide funds to schools
672for developing and implementing school improvement plans. Such
673funds shall include those funds appropriated for the purpose of
674school improvement pursuant to s. 24.121(5)(c).
675     (17)  LOCAL-LEVEL DECISIONMAKING.--
676     (d)  Adopt policies that assist in giving greater autonomy,
677including authority over the allocation of the school's budget,
678to schools designated with a as performance grade of category
679"A," making excellent progress, and schools rated as having
680improved at least two grades performance grade categories.
681     (18)  OPPORTUNITY SCHOLARSHIPS.--Adopt policies allowing
682students attending schools that have been designated with a as
683performance grade of category "F," failing to make adequate
684progress, for 2 school years in a 4-year period to attend a
685higher performing school in the district or an adjoining
686district or be granted a state opportunity scholarship to a
687private school, in conformance with s. 1002.38 and State Board
688of Education rule.
689     Section 12.  Subsection (24) of section 1001.51, Florida
690Statutes, is repealed.
691     Section 13.  Paragraphs (c) and (d) of subsection (1) and
692subsection (2) of section 1001.54, Florida Statutes, are amended
693to read:
694     1001.54  Duties of school principals.--
695     (1)
696     (c)  The school principal shall encourage school personnel
697to implement the guiding principles for Better Educated Students
698and Teachers (BEST) Florida Teaching, pursuant to s. 1000.041.
699     (c)(d)  The school principal shall fully support the
700authority of each teacher and school bus driver to remove
701disobedient, disrespectful, violent, abusive, uncontrollable, or
702disruptive students from the classroom and the school bus and,
703when appropriate and available, place such students in an
704alternative educational setting.
705     (2)  Each school principal shall provide instructional
706leadership in the development, or revision, and implementation
707of a school improvement plan, pursuant to s. 1001.42(16).
708     Section 14.  Subsection (2) and paragraphs (a) and (b) of
709subsection (3) of section 1002.38, Florida Statutes, are amended
710to read:
711     1002.38  Opportunity Scholarship Program.--
712     (2)  OPPORTUNITY SCHOLARSHIP ELIGIBILITY.--A public school
713student's parent may request and receive from the state an
714opportunity scholarship for the student to enroll in and attend
715a private school in accordance with the provisions of this
716section if:
717     (a)1.  By assigned school attendance area or by special
718assignment, the student has spent the prior school year in
719attendance at a public school that has been designated pursuant
720to s. 1008.34 with a as performance grade of category "F,"
721failing to make adequate progress, and that has had 2 school
722years in a 4-year period of such low performance, and the
723student's attendance occurred during a school year in which such
724designation was in effect;
725     2.  The student has been in attendance elsewhere in the
726public school system and has been assigned to such school for
727the next school year; or
728     3.  The student is entering kindergarten or first grade and
729has been notified that the student has been assigned to such
730school for the next school year.
731     (b)  The parent has obtained acceptance for admission of
732the student to a private school eligible for the program
733pursuant to subsection (4), and has notified the Department of
734Education and the school district of the request for an
735opportunity scholarship no later than July 1 of the first year
736in which the student intends to use the scholarship.
737
738The provisions of this section shall not apply to a student who
739is enrolled in a school operating for the purpose of providing
740educational services to youth in Department of Juvenile Justice
741commitment programs. For purposes of continuity of educational
742choice, the opportunity scholarship shall remain in force until
743the student returns to a public school or, if the student
744chooses to attend a private school the highest grade of which is
745grade 8, until the student matriculates to high school and the
746public high school to which the student is assigned is an
747accredited school with a performance grade category designation
748of "C" or better. However, at any time upon reasonable notice to
749the Department of Education and the school district, the
750student's parent may remove the student from the private school
751and place the student in a public school, as provided in
752subparagraph (3)(a)2.
753     (3)  SCHOOL DISTRICT OBLIGATIONS.--
754     (a)  A school district shall, for each student enrolled in
755or assigned to a school that has been designated with a as
756performance grade of category "F" for 2 school years in a 4-year
757period:
758     1.  Timely notify the parent of the student as soon as such
759designation is made of all options available pursuant to this
760section.
761     2.  Offer that student's parent an opportunity to enroll
762the student in a the public school within the district that has
763been designated by the state pursuant to s. 1008.34 as a school
764performing higher than that in which the student is currently
765enrolled or to which the student has been assigned, but not less
766than performance grade category "C." The parent is not required
767to accept this offer in lieu of requesting a state opportunity
768scholarship to a private school. The opportunity to continue
769attending the higher performing public school shall remain in
770force until the student graduates from high school.
771     (b)  The parent of a student enrolled in or assigned to a
772school that has been designated with a performance grade of
773category "F" for 2 school years in a 4-year period may choose as
774an alternative to enroll the student in and transport the
775student to a higher-performing public school that has available
776space in an adjacent school district, and that school district
777shall accept the student and report the student for purposes of
778the district's funding pursuant to the Florida Education Finance
779Program.
780     Section 15.  Paragraph (b) of subsection (3) of section
7811003.01, Florida Statutes, is amended to read:
782     1003.01  Definitions.--As used in this chapter, the term:
783     (3)
784     (b)  "Special education services" means specially designed
785instruction and such related services as are necessary for an
786exceptional student to benefit from education. Such services may
787include: transportation; diagnostic and evaluation services;
788social services; physical and occupational therapy; speech and
789language pathology services; job placement; orientation and
790mobility training; braillists, typists, and readers for the
791blind; interpreters and auditory amplification; rehabilitation
792counseling; transition services; mental health services;
793guidance and career counseling; specified materials, assistive
794technology devices, and other specialized equipment; and other
795such services as approved by rules of the state board.
796     Section 16.  Subsection (3) of section 1003.05, Florida
797Statutes, is amended to read:
798     1003.05  Assistance to transitioning students from military
799families.--
800     (3)  Dependent children of active duty military personnel
801who otherwise meet the eligibility criteria for special academic
802programs offered through public schools shall be given first
803preference for admission to such programs even if the program is
804being offered through a public school other than the school to
805which the student would generally be assigned and the school at
806which the program is being offered has reached its maximum
807enrollment. If such a program is offered through a public school
808other than the school to which the student would generally be
809assigned, the parent or guardian of the student must assume
810responsibility for transporting the student to that school. For
811purposes of this subsection, special academic programs include
812charter schools, magnet schools, advanced studies programs,
813advanced placement, dual enrollment, Advanced International
814Certificate of Education, and International Baccalaureate.
815     Section 17.  Section 1003.413, Florida Statutes, is created
816to read:
817     1003.413  Secondary school reform.--
818     (1)  Secondary schools are schools that primarily serve
819students in grades 6 through 12. It is the intent of the
820Legislature to provide for secondary school reform so that
821students promoted from the 8th grade have the necessary academic
822skills for success in high school and students graduating from
823high school have the necessary skills for success in the
824workplace and postsecondary education.
825     (2)  Guiding principles for secondary school reform are:
826     (a)  Struggling students, especially those in failing
827schools, need the highest quality teachers and dramatically
828different, innovative approaches to teaching and learning.
829     (b)  Every teacher must contribute to every student's
830reading improvement.
831     (c)  Quality professional development provides teachers and
832principals with the tools they need to better serve students.
833     (d)  Small learning communities allow teachers to
834personalize instruction to better address student learning
835styles, strengths, and weaknesses.
836     (e)  Intensive intervention in reading and mathematics must
837occur early and through innovative delivery systems.
838     (f)  Parents need access to tools they can use to monitor
839their child's progress in school, communicate with teachers, and
840act early on behalf of their child.
841     (g)  Applied and integrated courses help students see the
842relationships between subjects and relevance to their futures.
843     (h)  Majors and minors allow students to choose courses and
844set goals based on their interests and talents.
845     (i)  Master schedules should not determine instruction and
846must be designed based on student needs, not adult or
847institutional needs.
848     (j)  Academic and career planning engages students in
849developing a personally meaningful course of study so they can
850achieve goals they have set for themselves.
851     (3)  Based on these guiding principles, district school
852boards shall establish policies to implement the requirements of
853ss. 1003.4156, 1003.428, and 1003.493. The policies must
854address:
855     (a)  Procedures for placing and promoting students who
856enter a Florida public school at grade 6 through grade 12 from
857out of state or from a foreign country, including a review of
858the student's prior academic performance.
859     (b)  Alternative methods for students to demonstrate
860competency in required courses and credits, with special support
861for students who have been retained.
862     (c)  Applied, integrated, and combined courses that provide
863flexibility for students to enroll in courses that are creative
864and meet individual learning styles and student needs.
865     (d)  Credit recovery courses and intensive reading and
866mathematics intervention courses based on student performance on
867the FCAT. These courses should be competency based and offered
868through innovative delivery systems, including computer-assisted
869instruction. School districts should use learning gains as well
870as other appropriate data and provide incentives to identify and
871reward high-performing teachers who teach credit recovery and
872intensive intervention courses.
873     (e)  Grade forgiveness policies that replace a grade of "D"
874or "F" with a grade of "C" or higher earned subsequently in the
875same or a comparable course.
876     (f)  Summer academies for students to receive intensive
877reading and mathematics intervention courses or competency-based
878credit recovery courses. A student's participation in an
879instructional or remediation program prior to or immediately
880following entering grade 9 for the first time shall not affect
881that student's classification as a first-time 9th grader for
882reporting purposes.
883     (g)  Strategies to support teachers' pursuit of the reading
884endorsement and emphasize reading instruction professional
885development for content area teachers.
886     (h)  Creative and flexible scheduling designed to meet
887student needs.
888     (i)  Procedures for high school students who have not
889prepared an electronic personal education plan pursuant to s.
8901003.4156 to prepare such plan.
891     (j)  Tools for parents to regularly monitor student
892progress and communicate with teachers.
893     (k)  Additional course requirements for promotion and
894graduation which may be determined by each school district in
895the student progression plan and may include additional
896academic, fine and performing arts, physical education, or
897career and technical education courses in order to provide a
898complete education program pursuant to s. 1001.41(3).
899
900Within 30 days after adoption, the district school board
901policies shall be submitted to the State Board of Education for
902approval. The district school board policies shall be deemed
903approved unless specifically rejected by the State Board of
904Education within 60 days after receipt.
905     (4)  In order to support the successful implementation of
906this section by district school boards, the Department of
907Education shall by the 2006-2007 school year:
908     (a)  Increase the number of approved applied, integrated,
909and combined courses available to school districts.
910     (b)  Make available a professional development package
911designed to provide the information that content area teachers
912need to become proficient in applying scientifically based
913reading strategies through their content areas.
914     (c)  Share best practices for providing a complete
915education program to students enrolled in course recovery,
916credit recovery, intensive reading intervention, or intensive
917mathematics intervention.
918     (d)  Expedite assistance and decisions and coordinate
919policies throughout all divisions within the department to
920provide school districts with support to implement this section.
921     (e)  Use data to provide the Legislature with an annual
922longitudinal analysis of the success of this reform effort,
923including the progress of 6th grade students and 9th grade
924students scoring at Level 1 on FCAT Reading or FCAT Mathematics.
925     (5)  The Commissioner of Education shall create and
926implement the Secondary School Improvement Award Program to
927reward public secondary schools that demonstrate continuous
928student academic improvement and show the greatest gains in
929student academic achievement in reading and mathematics.
930     Section 18.  Section 1003.415, Florida Statutes, is
931repealed.
932     Section 19.  Section 1003.4156, Florida Statutes, is
933created to read:
934     1003.4156  General requirements for middle grades
935promotion.--
936     (1)  Beginning with students entering grade 6 in the 2006-
9372007 school year, promotion from a school composed of middle
938grades 6, 7, and 8 requires that:
939     (a)  The student must successfully complete academic
940courses as follows:
941     1.  Three middle school or higher year-long courses in
942English. These courses shall emphasize literature, composition,
943and reading for information.
944     2.  Three middle school or higher year-long courses in
945mathematics. Each middle school must offer at least one high-
946school-level mathematics course for which students may earn high
947school credit.
948     3.  Three middle school or higher year-long courses in
949social studies, including American history and world history.
950     4.  Three middle school or higher year-long courses in
951science.
952     5.  One half-year course in career exploration and
953education planning to be completed in grade 7 or grade 8. The
954course may be taught by any member of the instructional staff;
955must include a web-based career exploration program; must
956include educational planning using the online student advising
957system Florida Academic Counseling and Tracking for Students at
958the Internet website FACTS.org; must provide information to each
959student about high school programs and courses that are
960available, including acceleration mechanisms, career and
961technical programs, and career and professional academies
962pursuant to s. 1003.493; and shall result in the completion of
963an electronic personal education plan. Each student's plan must
964be signed by the student, the student's guidance counselor, and
965the student's parent. By January 1, 2007, the Department of
966Education shall develop a course framework and professional
967development materials for the career exploration and education
968planning course.
969     (b)  For each year in which a student scores at Level l on
970FCAT Reading, the student must be enrolled in and complete an
971intensive reading course the following year. Placement of Level
9722 readers in either an intensive reading course or a content
973area course in which reading strategies are delivered shall be
974determined by diagnosis of reading needs. The department shall
975provide guidance on appropriate strategies for diagnosing and
976meeting the varying instructional needs of students reading
977below grade level. Reading courses shall be designed and offered
978pursuant to the comprehensive reading plan required by s.
9791011.62(8).
980     (c)  For each year in which a student scores at Level 1 on
981FCAT Mathematics, the student must complete an intensive
982mathematics course the following year, which may be integrated
983into the student's required mathematics course. These courses
984are subject to approval by the department for inclusion in the
985Course Code Directory.
986     (2)  Students in grade 6, grade 7, or grade 8 who are not
987enrolled in schools with a middle grades configuration are
988subject to the promotion requirements of this section.
989     (3)  The State Board of Education may adopt rules pursuant
990to ss. 120.536(1) and 120.54 to implement the provisions of this
991section and may enforce the provisions of this section pursuant
992to s. 1008.32.
993     Section 20.  Subsection (1) of section 1003.42, Florida
994Statutes, is amended to read:
995     1003.42  Required instruction.--
996     (1)  Each district school board shall provide all courses
997required for middle grades promotion, high school graduation,
998and appropriate instruction designed to ensure that all students
999have the opportunity to meet State Board of Education adopted
1000standards in the following subject areas: reading and other
1001language arts, mathematics, science, social studies, foreign
1002languages, health and physical education, and the arts.
1003     Section 21.  Section 1003.428, Florida Statutes, is created
1004to read:
1005     1003.428  General requirements for high school graduation;
1006revised.--
1007     (1)  Except as otherwise authorized pursuant to s.
10081003.429, beginning with students entering their first year of
1009high school in the 2007-2008 school year, graduation requires
1010the successful completion of a minimum of 24 credits, an
1011International Baccalaureate curriculum, or an Advanced
1012International Certificate of Education curriculum. Students must
1013be advised of eligibility requirements for state scholarship
1014programs and postsecondary admissions.
1015     (2)  The 24 credits may be earned through applied,
1016integrated, and combined courses approved by the Department of
1017Education and shall be distributed as follows:
1018     (a)  Fourteen core curriculum credits:
1019     1.  Four credits in English, with major concentration in
1020composition, reading for information, and literature.
1021     2.  Four credits in mathematics, one of which must be
1022Algebra I, a series of courses equivalent to Algebra I, or a
1023higher-level mathematics course. School districts are encouraged
1024to set specific goals to increase enrollments in, and successful
1025completion of, geometry and Algebra II.
1026     3.  Three credits in science, two of which must have a
1027laboratory component.
1028     4.  Three credits in social studies as follows: one credit
1029in American history; one credit in world history; one-half
1030credit in economics; and one-half credit in American government.
1031     (b)  Ten credits in majors, minors, or electives:
1032     1.  Four credits in a major area of study, such as
1033sequential courses in a career and technical program, fine and
1034performing arts, or academic content area, selected by the
1035student as part of the education plan required by s. 1003.4156.
1036Annually by October 1, the district school board shall approve
1037major areas of study and submit the list of majors to the
1038Commissioner of Education for approval. Each major shall be
1039deemed approved unless specifically rejected by the commissioner
1040within 60 days. Upon approval, each district's majors shall be
1041available for use by all school districts and shall be posted on
1042the department's website.
1043     2.  Six credits in elective courses selected by the student
1044as part of the education plan required by s. 1003.4156. These
1045credits may be combined to allow for a second major area of
1046study pursuant to subparagraph 1., a minor area of study,
1047elective courses, intensive reading or mathematics intervention
1048courses, or credit recovery courses as described in this
1049subparagraph.
1050     a.  Minor areas of study are composed of three credits
1051selected by the student as part of the education plan required
1052by s. 1003.4156 and approved by the district school board.
1053     b.  Elective courses are selected by the student in order
1054to pursue a complete education program as described in s.
10551001.41(3) and to meet eligibility requirements for
1056scholarships.
1057     c.  For each year in which a student scores at Level l on
1058FCAT Reading, the student must be enrolled in and complete an
1059intensive reading course the following year. Placement of Level
10602 readers in either an intensive reading course or a content
1061area course in which reading strategies are delivered shall be
1062determined by diagnosis of reading needs. The department shall
1063provide guidance on appropriate strategies for diagnosing and
1064meeting the varying instructional needs of students reading
1065below grade level. Reading courses shall be designed and offered
1066pursuant to the comprehensive reading plan required by s.
10671011.62(8).
1068     d.  For each year in which a student scores at Level 1 on
1069FCAT Mathematics, the student must complete an intensive
1070mathematics course the following year. These courses may be
1071taught through applied, integrated, or combined courses and are
1072subject to approval by the department for inclusion in the
1073Course Code Directory.
1074     e.  Credit recovery courses shall be offered so that
1075students can simultaneously earn an elective credit and the
1076recovered credit.
1077     (3)(a)  A district school board may require specific
1078courses and programs of study within the minimum credit
1079requirements for high school graduation and shall modify basic
1080courses, as necessary, to assure exceptional students the
1081opportunity to meet the graduation requirements for a standard
1082diploma, using one of the following strategies:
1083     1.  Assignment of the exceptional student to an exceptional
1084education class for instruction in a basic course with the same
1085student performance standards as those required of
1086nonexceptional students in the district school board student
1087progression plan; or
1088     2.  Assignment of the exceptional student to a basic
1089education class for instruction that is modified to accommodate
1090the student's exceptionality.
1091     (b)  The district school board shall determine which of
1092these strategies to employ based upon an assessment of the
1093student's needs and shall reflect this decision in the student's
1094individual education plan.
1095     (4)  Each district school board shall establish standards
1096for graduation from its schools, which must include:
1097     (a)  Earning passing scores on the FCAT, as defined in s.
10981008.22(3)(c), or scores on a standardized test that are
1099concordant with passing scores on the FCAT as defined in s.
11001008.22(9).
1101     (b)  Completion of all other applicable requirements
1102prescribed by the district school board pursuant to s. 1008.25.
1103     (c)  Achievement of a cumulative grade point average of 2.0
1104on a 4.0 scale, or its equivalent, in the courses required by
1105this section.
1106     (5)  The State Board of Education, after a public hearing
1107and consideration, shall adopt rules based upon the
1108recommendations of the commissioner for the provision of test
1109accommodations and modifications of procedures as necessary for
1110students with disabilities which will demonstrate the student's
1111abilities rather than reflect the student's impaired sensory,
1112manual, speaking, or psychological process skills.
1113     (6)  The public hearing and consideration required in
1114subsection (5) shall not be construed to amend or nullify the
1115requirements of security relating to the contents of
1116examinations or assessment instruments and related materials or
1117data as prescribed in s. 1008.23.
1118     (7)(a)  A student who meets all requirements prescribed in
1119subsections (1), (2), (3), and(4) shall be awarded a standard
1120diploma in a form prescribed by the State Board of Education.
1121     (b)  A student who completes the minimum number of credits
1122and other requirements prescribed by subsections (1), (2), and
1123(3), but who is unable to meet the standards of paragraph
1124(4)(a), paragraph (4)(b), or paragraph (4)(c), shall be awarded
1125a certificate of completion in a form prescribed by the State
1126Board of Education. However, any student who is otherwise
1127entitled to a certificate of completion may elect to remain in
1128the secondary school either as a full-time student or a part-
1129time student for up to 1 additional year and receive special
1130instruction designed to remedy his or her identified
1131deficiencies.
1132     (8)(a)  Each district school board must provide instruction
1133to prepare students with disabilities to demonstrate proficiency
1134in the skills and competencies necessary for successful grade-
1135to-grade progression and high school graduation.
1136     (b)  A student with a disability, as defined in s.
11371007.02(2), for whom the individual education plan (IEP)
1138committee determines that the FCAT cannot accurately measure the
1139student's abilities taking into consideration all allowable
1140accommodations, shall have the FCAT requirement of paragraph
1141(4)(a) waived for the purpose of receiving a standard high
1142school diploma, if the student:
1143     1.  Completes the minimum number of credits and other
1144requirements prescribed by subsections (1), (2), and (3).
1145     2.  Does not meet the requirements of paragraph (4)(a)
1146after one opportunity in 10th grade and one opportunity in 11th
1147grade.
1148     (9)  The Commissioner of Education may award a standard
1149high school diploma to honorably discharged veterans who started
1150high school between 1937 and 1946 and were scheduled to graduate
1151between 1941 and 1950 but were inducted into the United States
1152Armed Forces between September 16, 1940, and December 31, 1946,
1153prior to completing the necessary high school graduation
1154requirements. Upon the recommendation of the commissioner, the
1155State Board of Education may develop criteria and guidelines for
1156awarding such diplomas.
1157     (10)  The Commissioner of Education may award a standard
1158high school diploma to honorably discharged veterans who started
1159high school between 1946 and 1950 and were scheduled to graduate
1160between 1950 and 1954, but were inducted into the United States
1161Armed Forces between June 27, 1950, and January 31, 1955, and
1162served during the Korean Conflict prior to completing the
1163necessary high school graduation requirements. Upon the
1164recommendation of the commissioner, the State Board of Education
1165may develop criteria and guidelines for awarding such diplomas.
1166     (11)  The State Board of Education may adopt rules pursuant
1167to ss. 120.536(1) and 120.54 to implement the provisions of this
1168section and may enforce the provisions of this section pursuant
1169to s. 1008.32.
1170     Section 22.  Section 1003.437, Florida Statutes, is amended
1171to read:
1172     1003.437  Middle and high school grading system.--The
1173grading system and interpretation of letter grades used for
1174students in public high schools in grades 6 through 12 shall be
1175as follows:
1176     (1)  Grade "A" equals 90 percent through 100 percent, has a
1177grade point average value of 4, and is defined as "outstanding
1178progress."
1179     (2)  Grade "B" equals 80 percent through 89 percent, has a
1180grade point average value of 3, and is defined as "above average
1181progress."
1182     (3)  Grade "C" equals 70 percent through 79 percent, has a
1183grade point average value of 2, and is defined as "average
1184progress."
1185     (4)  Grade "D" equals 60 percent through 69 percent, has a
1186grade point average value of 1, and is defined as "lowest
1187acceptable progress."
1188     (5)  Grade "F" equals zero percent through 59 percent, has
1189a grade point average value of zero, and is defined as
1190"failure."
1191     (6)  Grade "I" equals zero percent, has a grade point
1192average value of zero, and is defined as "incomplete."
1193
1194For the purposes of class ranking for students in grades 9
1195through 12, district school boards may exercise a weighted
1196grading system.
1197     Section 23.  Subsections (3) and (4) of section 1003.492,
1198Florida Statutes, are repealed.
1199     Section 24.  Section 1003.493, Florida Statutes, is created
1200to read:
1201     1003.493  Career and professional academies.--
1202     (1)  A career and professional academy is a research-based
1203program that integrates a rigorous academic curriculum with an
1204industry-driven career curriculum. Career and professional
1205academies may be offered by public schools, school districts, or
1206the Florida Virtual School. Students completing career and
1207professional academy programs receive a standard high school
1208diploma, the highest available industry certification, and
1209postsecondary credit if the academy partners with a
1210postsecondary institution.
1211     (2)  The goals of career and professional academies are to:
1212     (a)  Increase student academic achievement and graduation
1213rates through integrated academic and career curricula.
1214     (b)  Focus on career preparation through rigorous academics
1215and industry certification.
1216     (c)  Raise student aspiration and commitment to academic
1217achievement and work ethics.
1218     (d)  Support the revised graduation requirements pursuant
1219to s. 1003.428 by providing creative, applied majors.
1220     (e)  Promote acceleration mechanisms, such as dual
1221enrollment, articulated credit, or occupational completion
1222points, so that students may earn postsecondary credit while in
1223high school.
1224     (f)  Support the state's economy by meeting industry needs
1225for skilled employees in high-demand occupations.
1226     (3)  A career and professional academy may be offered as
1227one of the following small learning communities:
1228     (a)  A school-within-a-school career academy, as part of an
1229existing high school, that provides courses in one occupational
1230cluster. Students in the high school are not required to be
1231students in the academy.
1232     (b)  A total school configuration providing multiple
1233academies each structured around an occupational cluster. Every
1234student in the school is in an academy.
1235     (4)  Each career and professional academy must:
1236     (a)  Provide a rigorous standards-based academic curriculum
1237integrated with a career curriculum. The curriculum must take
1238into consideration multiple styles of student learning; promote
1239learning by doing through application and adaptation; maximize
1240relevance of the subject matter; enhance each student's capacity
1241to excel; and include an emphasis on work habits and work
1242ethics.
1243     (b)  Include one or more partnerships with postsecondary
1244institutions, businesses, industry, employers, economic
1245development organizations, or other appropriate partners from
1246the local community. Such partnerships must provide
1247opportunities for:
1248     1.  Instruction from highly skilled professionals.
1249     2.  Internships, externships, and on-the-job training.
1250     3.  A postsecondary degree, diploma, or certificate.
1251     4.  The highest available level of industry certification.
1252Where no national or state certification exists, school
1253districts may establish a local certification in conjunction
1254with the local workforce development board, the chamber of
1255commerce, or the Agency for Workforce Innovation.
1256     5.  Maximum articulation of credits pursuant to s. 1007.23
1257upon program completion.
1258     (c)  Provide creative and tailored student advisement,
1259including parent participation and coordination with middle
1260schools to provide career exploration and education planning as
1261required under s. 1003.4156. Coordination with middle schools
1262must provide information to middle school students about
1263secondary and postsecondary career education programs and
1264academies.
1265     (d)  Provide a career education certification on the high
1266school diploma pursuant to s. 1003.431.
1267     (e)  Provide instruction in careers designated as high
1268growth, high demand, and high pay by the local workforce
1269development board, the chamber of commerce, or the Agency for
1270Workforce Innovation.
1271     (f)  Deliver academic content through instruction relevant
1272to the career, including intensive reading and mathematics
1273intervention required by s. 1003.428, with an emphasis on
1274strengthening reading for information skills.
1275     (g)  Provide instruction resulting in competency,
1276certification, or credentials in workplace skills, including,
1277but not limited to, communication skills, interpersonal skills,
1278decisionmaking skills, the importance of attendance and
1279timeliness in the work environment, and work ethics.
1280     (h)  Provide opportunities for students to obtain the
1281Florida Ready to Work Certification pursuant to s. 1004.99.
1282     (i)  Include an evaluation plan developed jointly with the
1283Department of Education. The evaluation plan must include a
1284self-assessment tool based on standards, such as the Career
1285Academy National Standards of Practice, and outcome measures
1286including, but not limited to, graduation rates, enrollment in
1287postsecondary education, business and industry satisfaction,
1288employment and earnings, achievement of industry certification,
1289awards of postsecondary credit, and FCAT achievement levels and
1290learning gains.
1291     Section 25.  Section 1003.57, Florida Statutes, is amended
1292to read:
1293     1003.57  Exceptional students instruction.--
1294     (1)  Each district school board shall provide for an
1295appropriate program of special instruction, facilities, and
1296services for exceptional students as prescribed by the State
1297Board of Education as acceptable, including provisions that:
1298     (a)(1)  The district school board provide the necessary
1299professional services for diagnosis and evaluation of
1300exceptional students.
1301     (b)(2)  The district school board provide the special
1302instruction, classes, and services, either within the district
1303school system, in cooperation with other district school
1304systems, or through contractual arrangements with approved
1305private schools or community facilities that meet standards
1306established by the commissioner.
1307     (c)(3)  The district school board annually provide
1308information describing the Florida School for the Deaf and the
1309Blind and all other programs and methods of instruction
1310available to the parent of a sensory-impaired student.
1311     (d)(4)  The district school board, once every 3 years,
1312submit to the department its proposed procedures for the
1313provision of special instruction and services for exceptional
1314students.
1315     (e)(5)  A No student may not be given special instruction
1316or services as an exceptional student until after he or she has
1317been properly evaluated, classified, and placed in the manner
1318prescribed by rules of the State Board of Education. The parent
1319of an exceptional student evaluated and placed or denied
1320placement in a program of special education shall be notified of
1321each such evaluation and placement or denial. Such notice shall
1322contain a statement informing the parent that he or she is
1323entitled to a due process hearing on the identification,
1324evaluation, and placement, or lack thereof. Such hearings shall
1325be exempt from the provisions of ss. 120.569, 120.57, and
1326286.011, except to the extent that the State Board of Education
1327adopts rules establishing other procedures and any records
1328created as a result of such hearings shall be confidential and
1329exempt from the provisions of s. 119.07(1). The hearing must be
1330conducted by an administrative law judge from the Division of
1331Administrative Hearings of the Department of Management
1332Services. The decision of the administrative law judge shall be
1333final, except that any party aggrieved by the finding and
1334decision rendered by the administrative law judge shall have the
1335right to bring a civil action in the circuit court. In such an
1336action, the court shall receive the records of the
1337administrative hearing and shall hear additional evidence at the
1338request of either party. In the alternative, any party aggrieved
1339by the finding and decision rendered by the administrative law
1340judge shall have the right to request an impartial review of the
1341administrative law judge's order by the district court of appeal
1342as provided by s. 120.68. Notwithstanding any law to the
1343contrary, during the pendency of any proceeding conducted
1344pursuant to this section, unless the district school board and
1345the parents otherwise agree, the student shall remain in his or
1346her then-current educational assignment or, if applying for
1347initial admission to a public school, shall be assigned, with
1348the consent of the parents, in the public school program until
1349all such proceedings have been completed.
1350     (f)(6)  In providing for the education of exceptional
1351students, the district school superintendent, principals, and
1352teachers shall utilize the regular school facilities and adapt
1353them to the needs of exceptional students to the maximum extent
1354appropriate. Segregation of exceptional students shall occur
1355only if the nature or severity of the exceptionality is such
1356that education in regular classes with the use of supplementary
1357aids and services cannot be achieved satisfactorily.
1358     (g)(7)  In addition to the services agreed to in a
1359student's individual education plan, the district school
1360superintendent shall fully inform the parent of a student having
1361a physical or developmental disability of all available services
1362that are appropriate for the student's disability. The
1363superintendent shall provide the student's parent with a summary
1364of the student's rights.
1365     (2)(a)  An exceptional student with a disability who
1366resides in a residential facility and receives special
1367instruction or services is considered a resident of the state in
1368which the student's parent is a resident. The cost of such
1369instruction, facilities, and services for a nonresident student
1370with a disability shall be provided by the placing authority in
1371the student's state of residence, such as a public school
1372entity, other placing authority, or parent. A nonresident
1373student with a disability may not be reported by any school
1374district for FTE funding in the Florida Education Finance
1375Program.
1376     (b)  The Department of Education shall provide to each
1377school district a statement of the specific limitations of the
1378district's financial obligation for exceptional students with
1379disabilities under federal and state law. The department shall
1380also provide to each school district technical assistance as
1381necessary for developing a local plan to impose on a student's
1382home state the fiscal responsibility for educating a nonresident
1383exceptional student with a disability.
1384     (c)  The Department of Education shall develop a process by
1385which a school district must, before providing services to an
1386exceptional student with a disability who resides in a
1387residential facility in this state, review the residency of the
1388student. The residential facility, not the district, is
1389responsible for billing and collecting from a nonresidential
1390student's home state payment for the student's educational and
1391related services.
1392     (d)  This subsection applies to any nonresident student
1393with a disability who resides in a residential facility and who
1394receives instruction as an exceptional student with a disability
1395in any type of residential facility in this state, including,
1396but not limited to, a public school, a private school, a group
1397home facility as defined in s. 393.063, an intensive residential
1398treatment program for children and adolescents as defined in s.
1399395.002, a facility as defined in s. 394.455, an intermediate
1400care facility for the developmentally disabled or ICF/DD as
1401defined in s. 393.063 or s. 400.960, or a community residential
1402home as defined in s. 419.001.
1403     Section 26.  Section 1003.576, Florida Statutes, is created
1404to read:
1405     1003.576  Individual education plans for exceptional
1406students.--The Department of Education shall develop an
1407individual education plan (IEP) form for use in developing and
1408implementing individual education plans for exceptional
1409students. The IEP form must be available electronically, include
1410notice of testing accommodations pursuant to s. 1008.22(3), and
1411have a streamlined format. To provide for the use of an existing
1412IEP form when a student transfers from one school district to
1413another, the IEP form developed by the department must be used
1414in each school district in the state.
1415     Section 27.  Subsection (3) of section 1003.58, Florida
1416Statutes, is amended to read:
1417     1003.58  Students in residential care facilities.--Each
1418district school board shall provide educational programs
1419according to rules of the State Board of Education to students
1420who reside in residential care facilities operated by the
1421Department of Children and Family Services.
1422     (3)  The district school board shall have full and complete
1423authority in the matter of the assignment and placement of such
1424students in educational programs. The parent of an exceptional
1425student shall have the same due process rights as are provided
1426under s. 1003.57(1)(e)(5).
1427
1428Notwithstanding the provisions herein, the educational program
1429at the Marianna Sunland Center in Jackson County shall be
1430operated by the Department of Education, either directly or
1431through grants or contractual agreements with other public or
1432duly accredited educational agencies approved by the Department
1433of Education.
1434     Section 28.  Paragraph (a) of subsection (1) and paragraph
1435(a) of subsection (2) of section 1003.62, Florida Statutes, are
1436amended to read:
1437     1003.62  Academic performance-based charter school
1438districts.--The State Board of Education may enter into a
1439performance contract with district school boards as authorized
1440in this section for the purpose of establishing them as academic
1441performance-based charter school districts. The purpose of this
1442section is to examine a new relationship between the State Board
1443of Education and district school boards that will produce
1444significant improvements in student achievement, while complying
1445with constitutional and statutory requirements assigned to each
1446entity.
1447     (1)  ACADEMIC PERFORMANCE-BASED CHARTER SCHOOL DISTRICT.--
1448     (a)  A school district shall be eligible for designation as
1449an academic performance-based charter school district if it is a
1450high-performing school district in which a minimum of 50 percent
1451of the schools earn a performance grade of category "A" or "B"
1452and in which no school earns a performance grade of category "D"
1453or "F" for 2 consecutive years pursuant to s. 1008.34. Schools
1454that receive a performance grade of category "I" or "N" shall
1455not be included in this calculation. The performance contract
1456for a school district that earns a charter based on school
1457performance grades shall be predicated on maintenance of at
1458least 50 percent of the schools in the school district earning a
1459performance grade of category "A" or "B" with no school in the
1460school district earning a performance grade of category "D" or
1461"F" for 2 consecutive years. A school district in which the
1462number of schools that earn a performance grade of "A" or "B" is
1463less than 50 percent may have its charter renewed for 1 year;
1464however, if the percentage of "A" or "B" schools is less than 50
1465percent for 2 consecutive years, the charter shall not be
1466renewed.
1467     (2)  EXEMPTION FROM STATUTES AND RULES.--
1468     (a)  An academic performance-based charter school district
1469shall operate in accordance with its charter and shall be exempt
1470from certain State Board of Education rules and statutes if the
1471State Board of Education determines such an exemption will
1472assist the district in maintaining or improving its high-
1473performing status pursuant to paragraph (1)(a). However, the
1474State Board of Education may not exempt an academic performance-
1475based charter school district from any of the following
1476statutes:
1477     1.  Those statutes pertaining to the provision of services
1478to students with disabilities.
1479     2.  Those statutes pertaining to civil rights, including s.
14801000.05, relating to discrimination.
1481     3.  Those statutes pertaining to student health, safety,
1482and welfare.
1483     4.  Those statutes governing the election or compensation
1484of district school board members.
1485     5.  Those statutes pertaining to the student assessment
1486program and the school grading system, including chapter 1008.
1487     6.  Those statutes pertaining to financial matters,
1488including chapter 1010.
1489     7.  Those statutes pertaining to planning and budgeting,
1490including chapter 1011, except that ss. 1011.64 and 1011.69
1491shall be eligible for exemption.
1492     8.  Sections 1012.22(1)(c) and 1012.27(2), relating to
1493performance-pay policies and differentiated pay for school
1494administrators and instructional personnel. Professional service
1495contracts shall be subject to the provisions of ss. 1012.33 and
14961012.34.
1497     9.  Those statutes pertaining to educational facilities,
1498including chapter 1013, except as specified under contract with
1499the State Board of Education. However, no contractual provision
1500that could have the effect of requiring the appropriation of
1501additional capital outlay funds to the academic performance-
1502based charter school district shall be valid.
1503     Section 29.  Section 1004.99, Florida Statutes, is created
1504to read:
1505     1004.99  Florida Ready to Work Certification Program.--
1506     (1)  There is created the Florida Ready to Work
1507Certification Program to enhance the workplace skills of
1508Florida's students to better prepare them for successful entry-
1509level employment in specific occupations.
1510     (2)  The Florida Ready to Work Certification Program may be
1511conducted in public high schools, community colleges, technical
1512centers, one-stop career centers, vocational rehabilitation
1513centers, and Department of Juvenile Justice educational
1514facilities. The Department of Education shall establish
1515institutional readiness criteria for program implementation.
1516     (3)  The Florida Ready to Work Certification Program shall
1517be composed of:
1518     (a)  A comprehensive identification of workplace skills for
1519each occupation identified for inclusion in the program by the
1520Agency for Workforce Innovation.
1521     (b)  A preinstructional assessment that delineates the
1522student's mastery level on the specific workplace skills
1523identified for that occupation.
1524     (c)  A targeted instructional program limited to those
1525identified workplace skills in which the student is not
1526proficient as measured by the preinstructional assessment.
1527Instruction must utilize a web-based program and be customized
1528to meet identified specific needs of local employers.
1529     (d)  A certificate and portfolio awarded to students upon
1530successful completion of the instruction. Each portfolio must
1531delineate the skills demonstrated by the student as evidence of
1532the student's preparation for employment.
1533     (4)  The State Board of Education, in consultation with the
1534Agency for Workforce Innovation, may adopt rules pursuant to ss.
1535120.536(1) and 120.54 to implement the provisions of this
1536section.
1537     Section 30.  Subsection (4) of section 1006.09, Florida
1538Statutes, is amended to read:
1539     1006.09  Duties of school principal relating to student
1540discipline and school safety.--
1541     (4)  When a student has been the victim of a violent crime
1542perpetrated by another student who attends the same school, the
1543school principal shall make full and effective use of the
1544provisions of subsection (2) and s. 1006.13(5). A school
1545principal who fails to comply with this subsection shall be
1546ineligible for any portion of the performance-pay performance
1547pay policy incentive or the differentiated pay under s.
15481012.22(1)(c). However, if any party responsible for
1549notification fails to properly notify the school, the school
1550principal shall be eligible for the incentive or differentiated
1551pay.
1552     Section 31.  Paragraph (c) of subsection (3) of section
15531007.2615, Florida Statutes, is amended to read:
1554     1007.2615  American Sign Language; findings; foreign-
1555language credits authorized; teacher licensing.--
1556     (3)  DUTIES OF COMMISSIONER OF EDUCATION AND STATE BOARD OF
1557EDUCATION; LICENSING OF AMERICAN SIGN LANGUAGE TEACHERS; PLAN
1558FOR POSTSECONDARY EDUCATION PROVIDERS.--
1559     (c)  An ASL teacher must be certified by the Department of
1560Education by July 1, 2009 January 1, 2008, and must obtain
1561current certification through the Florida American Sign Language
1562Teachers' Association (FASLTA) by January 1, 2006. New FASLTA
1563certification may be used by current ASL teachers as an
1564alternative certification track.
1565     Section 32.  Paragraph (f) of subsection (1), paragraphs
1566(c) and (e) of subsection (3), and subsection (9) of section
15671008.22, Florida Statutes, are amended, paragraph (g) is added
1568to subsection (3), subsection (10) is renumbered as subsection
1569(11), and a new subsection (10) is added to that section, to
1570read:
1571     1008.22  Student assessment program for public schools.--
1572     (1)  PURPOSE.--The primary purposes of the student
1573assessment program are to provide information needed to improve
1574the public schools by enhancing the learning gains of all
1575students and to inform parents of the educational progress of
1576their public school children. The program must be designed to:
1577     (f)  Provide information on the performance of Florida
1578students compared with that of other students others across the
1579United States.
1580     (3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
1581design and implement a statewide program of educational
1582assessment that provides information for the improvement of the
1583operation and management of the public schools, including
1584schools operating for the purpose of providing educational
1585services to youth in Department of Juvenile Justice programs.
1586The commissioner may enter into contracts for the continued
1587administration of the assessment, testing, and evaluation
1588programs authorized and funded by the Legislature. Contracts may
1589be initiated in 1 fiscal year and continue into the next and may
1590be paid from the appropriations of either or both fiscal years.
1591The commissioner is authorized to negotiate for the sale or
1592lease of tests, scoring protocols, test scoring services, and
1593related materials developed pursuant to law. Pursuant to the
1594statewide assessment program, the commissioner shall:
1595     (c)  Develop and implement a student achievement testing
1596program known as the Florida Comprehensive Assessment Test
1597(FCAT) as part of the statewide assessment program, to be
1598administered annually in grades 3 through 10 to measure reading,
1599writing, science, and mathematics. Other content areas may be
1600included as directed by the commissioner. The assessment of
1601reading and mathematics shall be administered annually in grades
16023 through 10. The assessment of writing and science shall be
1603administered at least once at each of the elementary, middle,
1604and high school levels. The commissioner must document the
1605procedures that ensure that the versions of the FCAT taken by
1606students retaking the grade 10 FCAT are as equally challenging
1607and difficult as the tests taken by students in grade 10 that
1608contain performance tasks. The testing program must be designed
1609so that:
1610     1.  The tests measure student skills and competencies
1611adopted by the State Board of Education as specified in
1612paragraph (a). The tests must measure and report student
1613proficiency levels in reading, writing, mathematics, and
1614science. The commissioner shall provide for the tests to be
1615developed or obtained, as appropriate, through contracts and
1616project agreements with private vendors, public vendors, public
1617agencies, postsecondary educational institutions, or school
1618districts. The commissioner shall obtain input with respect to
1619the design and implementation of the testing program from state
1620educators and the public.
1621     2.  The testing program will include a combination of norm-
1622referenced and criterion-referenced tests and include, to the
1623extent determined by the commissioner, questions that require
1624the student to produce information or perform tasks in such a
1625way that the skills and competencies he or she uses can be
1626measured.
1627     3.  Each testing program, whether at the elementary,
1628middle, or high school level, includes a test of writing in
1629which students are required to produce writings that are then
1630scored by appropriate methods.
1631     4.  A score is designated for each subject area tested,
1632below which score a student's performance is deemed inadequate.
1633The school districts shall provide appropriate remedial
1634instruction to students who score below these levels.
1635     5.  Except as provided in s. 1003.428(8)(b) or s.
16361003.43(11)(b), students must earn a passing score on the grade
163710 assessment test described in this paragraph or attain
1638concordant scores on an alternate assessment as described in
1639subsection (9) in reading, writing, and mathematics to qualify
1640for a regular high school diploma. The State Board of Education
1641shall designate a passing score for each part of the grade 10
1642assessment test. In establishing passing scores, the state board
1643shall consider any possible negative impact of the test on
1644minority students. All students who took the grade 10 FCAT
1645during the 2000-2001 school year shall be required to earn the
1646passing scores in reading and mathematics established by the
1647State Board of Education for the March 2001 test administration.
1648Such students who did not earn the established passing scores
1649and must repeat the grade 10 FCAT are required to earn the
1650passing scores established for the March 2001 test
1651administration. All students who take the grade 10 FCAT for the
1652first time in March 2002 shall be required to earn the passing
1653scores in reading and mathematics established by the State Board
1654of Education for the March 2002 test administration. The State
1655Board of Education shall adopt rules which specify the passing
1656scores for the grade 10 FCAT. Any such rules, which have the
1657effect of raising the required passing scores, shall only apply
1658to students taking the grade 10 FCAT for the first time after
1659such rules are adopted by the State Board of Education.
1660     6.  Participation in the testing program is mandatory for
1661all students attending public school, including students served
1662in Department of Juvenile Justice programs, except as otherwise
1663prescribed by the commissioner. If a student does not
1664participate in the statewide assessment, the district must
1665notify the student's parent and provide the parent with
1666information regarding the implications of such nonparticipation.
1667If modifications are made in the student's instruction to
1668provide accommodations that would not be permitted on the
1669statewide assessment tests, the district must notify the
1670student's parent of the implications of such instructional
1671modifications. A parent must provide signed consent for a
1672student to receive instructional modifications that would not be
1673permitted on the statewide assessments and must acknowledge in
1674writing that he or she understands the implications of such
1675accommodations. The State Board of Education shall adopt rules,
1676based upon recommendations of the commissioner, for the
1677provision of test accommodations and modifications of procedures
1678as necessary for students in exceptional education programs and
1679for students who have limited English proficiency.
1680Accommodations that negate the validity of a statewide
1681assessment are not allowable.
1682     7.  A student seeking an adult high school diploma must
1683meet the same testing requirements that a regular high school
1684student must meet.
1685     8.  District school boards must provide instruction to
1686prepare students to demonstrate proficiency in the skills and
1687competencies necessary for successful grade-to-grade progression
1688and high school graduation. If a student is provided with
1689accommodations or modifications that are not allowable in the
1690statewide assessment program, as described in the test manuals,
1691the district must inform the parent in writing and must provide
1692the parent with information regarding the impact on the
1693student's ability to meet expected proficiency levels in
1694reading, writing, and math. The commissioner shall conduct
1695studies as necessary to verify that the required skills and
1696competencies are part of the district instructional programs.
1697     9.  District school boards must provide opportunities for
1698students to demonstrate an acceptable level of performance on an
1699alternative standardized assessment approved by the State Board
1700of Education following enrollment in summer academies.
1701     10.9.  The Department of Education must develop, or select,
1702and implement a common battery of assessment tools that will be
1703used in all juvenile justice programs in the state. These tools
1704must accurately measure the skills and competencies established
1705in the Florida Sunshine State Standards.
1706
1707The commissioner may design and implement student testing
1708programs, for any grade level and subject area, necessary to
1709effectively monitor educational achievement in the state.
1710     (e)  Conduct ongoing research and analysis of student
1711achievement data, including, without limitation, monitoring
1712trends in student achievement by grade level and overall student
1713achievement, identifying school programs that are successful,
1714and analyzing correlates of school achievement.
1715     (g)  Study the cost and student achievement impact of
1716secondary end-of-course assessments, including web-based and
1717performance formats, and report to the Legislature prior to
1718implementation.
1719     (9)  CONCORDANT SCORES FOR THE FCAT EQUIVALENCIES FOR
1720STANDARDIZED TESTS.--
1721     (a)  The State Board of Education shall analyze the content
1722and concordant data sets for widely used high school achievement
1723tests, including, but not limited to, the PSAT, PLAN, SAT, ACT,
1724and College Placement Test, to assess if concordant scores can
1725be determined that correspond to those required on the FCAT for
1726high school graduation. In cases where concordant scores can be
1727determined, the Commissioner of Education shall adopt those
1728scores as meeting the graduation requirement in lieu of
1729achieving the FCAT passing score. Each time that test content or
1730scoring procedures are changed for either the FCAT or one of the
1731identified tests, new concordant scores must be determined. The
1732use of concordant scores shall take effect for students who are
1733eligible to graduate beginning in the 2003-2004 academic year
1734and thereafter. The Commissioner of Education shall approve the
1735use of the SAT and ACT tests as alternative assessments to the
1736grade 10 FCAT for the 2003-2004 school year.
1737     (b)  Students who attain concordant scores pursuant to this
1738subsection on the SAT or ACT which equate to the passing scores
1739on the grade 10 FCAT for purposes of high school graduation
1740shall satisfy the assessment requirement for a standard high
1741school diploma as provided in s. 1003.429(6)(a) or s.
17421003.43(5)(a) for the 2003-2004 school year if the students meet
1743the requirement in paragraph (c) (b).
1744     (c)(b)  A student shall be required to take each subject
1745area of the grade 10 FCAT a total of three times without earning
1746a passing score in order to use the concordant subject area
1747scores on an alternative assessment pursuant to this subsection
1748paragraph (a). This requirement shall not apply to a new student
1749who enters the Florida is a new student to the public school
1750system in grade 12, who may either take the FCAT or use approved
1751concordant scores to fulfill the graduation requirement.
1752     (10)  REPORTS.--The Department of Education shall annually
1753provide a report to the Governor, the President of the Senate,
1754and the Speaker of the House of Representatives on the
1755following:
1756     (a)  Longitudinal performance of students in mathematics
1757and reading.
1758     (b)  Longitudinal performance of students by grade level in
1759mathematics and reading.
1760     (c)  Longitudinal performance regarding efforts to close
1761the achievement gap.
1762     (d)  Longitudinal performance of students on the norm-
1763referenced component of the FCAT.
1764     (e)  Other student performance data based on national norm-
1765referenced and criterion-referenced tests, when available, and
1766numbers of students who after 8th grade enroll in adult
1767education rather than other secondary education.
1768     Section 33.  Section 1008.221, Florida Statutes, is
1769repealed.
1770     Section 34.  Paragraph (b) of subsection (4) and paragraph
1771(b) of subsection (8) of section 1008.25, Florida Statutes, are
1772amended, and paragraph (c) is added to subsection (8) of that
1773section, to read:
1774     1008.25  Public school student progression; remedial
1775instruction; reporting requirements.--
1776     (4)  ASSESSMENT AND REMEDIATION.--
1777     (b)  The school in which the student is enrolled must
1778develop, in consultation with the student's parent, and must
1779implement an academic improvement plan designed to assist the
1780student in meeting state and district expectations for
1781proficiency. For a student for whom a personalized middle school
1782success plan is required pursuant to s. 1003.415, the middle
1783school success plan must be incorporated in the student's
1784academic improvement plan. Beginning with the 2002-2003 school
1785year, if the student has been identified as having a deficiency
1786in reading, the academic improvement plan shall identify the
1787student's specific areas of deficiency in phonemic awareness,
1788phonics, fluency, comprehension, and vocabulary; the desired
1789levels of performance in these areas; and the instructional and
1790support services to be provided to meet the desired levels of
1791performance. Schools shall also provide for the frequent
1792monitoring of the student's progress in meeting the desired
1793levels of performance. District school boards may require low-
1794performing students to attend remediation programs held before
1795or after regular school hours or during the summer, upon the
1796request of the school principal, and shall assist schools and
1797teachers to implement research-based reading activities that
1798have been shown to be successful in teaching reading to low-
1799performing students. Remedial instruction provided during high
1800school may not be in lieu of English and mathematics credits
1801required for graduation.
1802     (8)  ANNUAL REPORT.--
1803     (b)  Beginning with the 2001-2002 school year, Each
1804district school board must annually publish in the local
1805newspaper, and report in writing to the State Board of Education
1806by September 1 of each year, the following information on the
1807prior school year:
1808     1.  The provisions of this section relating to public
1809school student progression and the district school board's
1810policies and procedures on student retention and promotion.
1811     2.  By grade, the number and percentage of all students in
1812grades 3 through 10 performing at Levels 1 and 2 on the reading
1813portion of the FCAT.
1814     3.  By grade, the number and percentage of all students
1815retained in grades 3 through 10.
1816     4.  Information on the total number of students who were
1817promoted for good cause, by each category of good cause as
1818specified in paragraph (6)(b).
1819     5.  Any revisions to the district school board's policy on
1820student retention and promotion from the prior year.
1821     (c)  The Department of Education shall establish a uniform
1822format for school districts to report the information required
1823in paragraph (b). The format shall be developed with input from
1824district school boards and shall be provided not later than 90
1825days prior to the annual due date. The department shall annually
1826compile the information required in subparagraphs (b)2., 3., and
18274., along with state-level summary information, and report such
1828information to the Governor, the President of the Senate, and
1829the Speaker of the House of Representatives.
1830     Section 35.  Section 1008.301, Florida Statutes, is
1831repealed.
1832     Section 36.  Paragraphs (d) and (e) of subsection (1),
1833paragraphs (b) and (c) of subsection (2), and subsection (3) of
1834section 1008.31, Florida Statutes, are amended, and subsection
1835(4) is added to that section, to read:
1836     1008.31  Florida's K-20 education performance
1837accountability system; legislative intent; performance-based
1838funding; mission, goals, and systemwide measures; data quality
1839improvements.--
1840     (1)  LEGISLATIVE INTENT.--It is the intent of the
1841Legislature that:
1842     (d)  The State Board of Education and the Board of
1843Governors of the State University System recommend to the
1844Legislature systemwide performance standards; the Legislature
1845establish systemwide performance measures and standards; and the
1846systemwide measures and standards provide Floridians with
1847information on what the public is receiving in return for the
1848funds it invests in education and how well the K-20 system
1849educates its students.
1850     (e)1.  The State Board of Education establish performance
1851measures and set performance standards for individual components
1852of the public education system, including individual schools and
1853community colleges postsecondary educational institutions, with
1854measures and standards based primarily on student achievement.
1855     2.  The Board of Governors of the State University System
1856establish performance measures and set performance standards for
1857individual state universities.
1858     (2)  MISSION, GOALS, AND SYSTEMWIDE MEASURES.--
1859     (b)  The process State Board of Education shall adopt
1860guiding principles for establishing state and sector-specific
1861standards and measures must be:
1862     1.  Focused on student success.
1863     2.  Addressable through policy and program changes.
1864     3.  Efficient and of high quality.
1865     4.  Measurable over time.
1866     5.  Simple to explain and display to the public.
1867     6.  Aligned with other measures and other sectors to
1868support a coordinated K-20 education system.
1869     (c)  The Department State Board of Education shall maintain
1870an accountability system that measures student progress toward
1871the following goals:
1872     1.  Highest student achievement, as indicated by evidence
1873of student learning gains at all levels measured by: student
1874FCAT performance and annual learning gains; the number and
1875percentage of schools that improve at least one school
1876performance grade designation or maintain a school performance
1877grade designation of "A" pursuant to s. 1008.34; graduation or
1878completion rates at all learning levels; and other measures
1879identified in law or rule.
1880     2.  Seamless articulation and maximum access, as measured
1881by evidence of progression, readiness, and access by targeted
1882groups of students identified by the Commissioner of Education:
1883the percentage of students who demonstrate readiness for the
1884educational level they are entering, from kindergarten through
1885postsecondary education and into the workforce; the number and
1886percentage of students needing remediation; the percentage of
1887Floridians who complete associate, baccalaureate, graduate,
1888professional, and postgraduate degrees; the number and
1889percentage of credits that articulate; the extent to which each
1890set of exit-point requirements matches the next set of entrance-
1891point requirements; the degree to which underserved populations
1892access educational opportunity; the extent to which access is
1893provided through innovative educational delivery strategies; and
1894other measures identified in law or rule.
1895     3.  Skilled workforce and economic development, as measured
1896by evidence of employment and earnings: the number and
1897percentage of graduates employed in their areas of preparation;
1898the percentage of Floridians with high school diplomas and
1899postsecondary education credentials; the percentage of business
1900and community members who find that Florida's graduates possess
1901the skills they need; national rankings; and other measures
1902identified in law or rule.
1903     4.  Quality efficient services, as measured by evidence of
1904return on investment: cost per completer or graduate; average
1905cost per noncompleter at each educational level; cost disparity
1906across institutions offering the same degrees; the percentage of
1907education customers at each educational level who are satisfied
1908with the education provided; and other measures identified in
1909law or rule.
1910     5.  Other goals as identified by law or rule.
1911     (3)  K-20 EDUCATION DATA QUALITY IMPROVEMENTS SYSTEMWIDE
1912DATA COLLECTION.--To provide data required to implement
1913education performance accountability measures in state and
1914federal law, the Commissioner of Education shall initiate and
1915maintain strategies to improve data quality and timeliness. All
1916data collected from state universities shall, as determined by
1917the commissioner, be integrated into the K-20 data warehouse.
1918The commissioner shall have unlimited access to such data solely
1919for the purposes of conducting studies, reporting annual and
1920longitudinal student outcomes, and improving college readiness
1921and articulation. All public educational institutions shall
1922provide data to the K-20 data warehouse in a format specified by
1923the commissioner.
1924     (a)   School districts and public postsecondary educational
1925institutions shall maintain information systems that will
1926provide the State Board of Education, the Board of Governors of
1927the State University System, and the Legislature with
1928information and reports necessary to address the specifications
1929of the accountability system. The State Board of Education shall
1930determine the standards for the required data. The level of
1931comprehensiveness and quality shall be no less than that which
1932was available as of June 30, 2001.
1933     (b)  The Commissioner of Education shall determine the
1934standards for the required data, monitor data quality, and
1935measure improvements. The commissioner shall report annually to
1936the State Board of Education, the Board of Governors of the
1937State University System, the President of the Senate, and the
1938Speaker of the House of Representatives data quality indicators
1939and ratings for all school districts and public postsecondary
1940educational institutions.
1941     (c)  Before establishing any new reporting or data
1942collection requirements, the Commissioner of Education shall
1943utilize existing data being collected to reduce duplication and
1944minimize paperwork.
1945     (4)  RULES.--The State Board of Education shall adopt rules
1946pursuant to ss. 120.536(1) and 120.54 to implement the
1947provisions of this section relating to the K-20 data warehouse.
1948     Section 37.  Subsections (1), (2), and (4) of section
19491008.33, Florida Statutes, are amended to read:
1950     1008.33  Authority to enforce public school
1951improvement.--It is the intent of the Legislature that all
1952public schools be held accountable for students performing at
1953acceptable levels. A system of school improvement and
1954accountability that assesses student performance by school,
1955identifies schools in which students are not making adequate
1956progress toward state standards, institutes appropriate measures
1957for enforcing improvement, and provides rewards and sanctions
1958based on performance shall be the responsibility of the State
1959Board of Education.
1960     (1)  Pursuant to Art. IX of the State Constitution
1961prescribing the duty of the State Board of Education to
1962supervise Florida's public school system and notwithstanding any
1963other statutory provisions to the contrary, the State Board of
1964Education shall intervene in the operation of a district school
1965system when one or more schools in the school district have
1966failed to make adequate progress for 2 school years in a 4-year
1967period. For purposes of determining when a school is eligible
1968for state board action and opportunity scholarships for its
1969students, the terms "2 years in any 4-year period" and "2 years
1970in a 4-year period" mean that in any year that a school has a
1971grade of "F," the school is eligible for state board action and
1972opportunity scholarships for its students if it also has had a
1973grade of "F" in any of the previous 3 school years. The State
1974Board of Education may determine that the school district or
1975school has not taken steps sufficient for students in the school
1976to be academically well served. Considering recommendations of
1977the Commissioner of Education, the State Board of Education
1978shall recommend action to a district school board intended to
1979improve educational services to students in each school that is
1980designated with a as performance grade of category "F."
1981Recommendations for actions to be taken in the school district
1982shall be made only after thorough consideration of the unique
1983characteristics of a school, which shall include student
1984mobility rates, the number and type of exceptional students
1985enrolled in the school, and the availability of options for
1986improved educational services. The state board shall adopt by
1987rule steps to follow in this process. Such steps shall provide
1988school districts sufficient time to improve student performance
1989in schools and the opportunity to present evidence of assistance
1990and interventions that the district school board has
1991implemented.
1992     (2)  The State Board of Education may recommend one or more
1993of the following actions to district school boards to enable
1994students in schools designated with a as performance grade of
1995category "F" to be academically well served by the public school
1996system:
1997     (a)  Provide additional resources, change certain
1998practices, and provide additional assistance if the state board
1999determines the causes of inadequate progress to be related to
2000school district policy or practice;
2001     (b)  Implement a plan that satisfactorily resolves the
2002education equity problems in the school;
2003     (c)  Contract for the educational services of the school,
2004or reorganize the school at the end of the school year under a
2005new school principal who is authorized to hire new staff and
2006implement a plan that addresses the causes of inadequate
2007progress;
2008     (d)  Authorize the school principal to recommend corrective
2009actions for low-performing faculty and staff as necessary to
2010improve educational opportunities and the performance of
2011students;
2012     (e)(d)  Allow parents of students in the school to send
2013their children to another district school of their choice; or
2014     (f)(e)  Other action appropriate to improve the school's
2015performance, including, if the school is a high school,
2016requiring annual publication of the school's graduation rate
2017calculated without GEDs for the past 3 years, disaggregated by
2018student ethnicity.
2019     (4)  The State Board of Education may require the
2020Department of Education or Chief Financial Officer to withhold
2021any transfer of state funds to the school district if, within
2022the timeframe specified in state board action, the school
2023district has failed to comply with the action ordered to improve
2024the district's low-performing schools. Withholding the transfer
2025of funds shall occur only after all other recommended actions
2026for school improvement have failed to improve performance. The
2027State Board of Education may impose the same penalty on any
2028district school board that fails to develop and implement a plan
2029for assistance and intervention for low-performing schools as
2030specified in s. 1001.42(16)(d)(c).
2031     Section 38.  Section 1008.34, Florida Statutes, is amended
2032to read:
2033     1008.34  School grading system; school report cards;
2034district performance grade.--
2035     (1)  ANNUAL REPORTS.--The Commissioner of Education shall
2036prepare annual reports of the results of the statewide
2037assessment program which describe student achievement in the
2038state, each district, and each school. The commissioner shall
2039prescribe the design and content of these reports, which must
2040include, without limitation, descriptions of the performance of
2041all schools participating in the assessment program and all of
2042their major student populations as determined by the
2043Commissioner of Education, and must also include the median
2044scores of all eligible students who scored at or in the lowest
204525th percentile of the state in the previous school year;
2046provided, however, that the provisions of s. 1002.22 pertaining
2047to student records apply to this section.
2048     (2)  SCHOOL GRADES PERFORMANCE GRADE CATEGORIES.--The
2049annual report shall identify schools as having one of the
2050following grades being in one of the following grade categories
2051defined according to rules of the State Board of Education:
2052     (a)  "A," schools making excellent progress.
2053     (b)  "B," schools making above average progress.
2054     (c)  "C," schools making satisfactory progress.
2055     (d)  "D," schools making less than satisfactory progress.
2056     (e)  "F," schools failing to make adequate progress.
2057
2058Each school designated with a in performance grade of category
2059"A," making excellent progress, or having improved at least two
2060performance grade levels categories, shall have greater
2061authority over the allocation of the school's total budget
2062generated from the FEFP, state categoricals, lottery funds,
2063grants, and local funds, as specified in state board rule. The
2064rule must provide that the increased budget authority shall
2065remain in effect until the school's performance grade declines.
2066     (3)  DESIGNATION OF SCHOOL GRADES PERFORMANCE GRADE
2067CATEGORIES.--School grades performance grade category
2068designations itemized in subsection (2) shall be based on the
2069following:
2070     (a)  Criteria Timeframes.--A school's grade shall be based
2071on a combination of:
2072     1.  Student achievement scores School performance grade
2073category designations shall be based on the school's current
2074year performance and the school's annual learning gains.
2075     2.  A school's performance grade category designation shall
2076be based on a combination of student achievement scores, Student
2077learning gains as measured by annual FCAT assessments in grades
20783 through 10., and
2079     3.  Improvement of the lowest 25th percentile of students
2080in the school in reading, math, or writing on the FCAT Reading,
2081unless these students are exhibiting performing above
2082satisfactory performance.
2083     (b)  Student assessment data.--Student assessment data used
2084in determining school grades performance grade categories shall
2085include:
2086     1.  The aggregate scores of all eligible students enrolled
2087in the school who have been assessed on the FCAT.
2088     2.  The aggregate scores of all eligible students enrolled
2089in the school who have been assessed on the FCAT, including
2090Florida Writes, and who have scored at or in the lowest 25th
2091percentile of students in the school in reading, math, or
2092writing, unless these students are exhibiting performing above
2093satisfactory performance.
2094
2095The Department of Education shall study the effects of mobility
2096on the performance of highly mobile students and recommend
2097programs to improve the performance of such students. The State
2098Board of Education shall adopt appropriate criteria for each
2099school performance grade category. The criteria must also give
2100added weight to student achievement in reading. Schools
2101designated with a as performance grade of category "C," making
2102satisfactory progress, shall be required to demonstrate that
2103adequate progress has been made by students in the school who
2104are in the lowest 25th percentile in reading, math, or writing
2105on the FCAT, including Florida Writes, unless these students are
2106exhibiting performing above satisfactory performance.
2107     (4)  SCHOOL GRADING FOR ALTERNATIVE SCHOOLS.--Alternative
2108schools providing dropout prevention and academic intervention
2109services may choose to receive a school grade pursuant to
2110subsections (2) and (3) or an improvement rating pursuant to s.
21111008.341 according to the following requirements:
2112     (a)  If an alternative school chooses to be graded pursuant
2113to this section, student performance data as identified in
2114subsection (3) shall not be included in the home school's grade
2115but shall only be included in calculation of the alternative
2116school's grade unless the Commissioner of Education requires
2117that the alternative school's student assessment data must be
2118included in the home school's grade based on a finding of
2119collusion to avoid the state's accountability system.
2120     (b)  If an alternative school chooses to receive an
2121improvement rating pursuant to s. 1008.341, student performance
2122data as identified in subsection (3) shall be included in the
2123home school's grade, except for achievement scores and learning
2124gains of students attending alternative schools who are subject
2125to district school board policies for expulsion for repeated or
2126serious offenses, in dropout retrieval programs serving students
2127officially designated as dropouts, or in Department of Juvenile
2128Justice operated and contracted programs.
2129
2130For purposes of this section and s. 1008.341, "home school"
2131means the school the student was attending when assigned to an
2132alternative school or the school to which the student would be
2133assigned if the student left the alternative school. School
2134districts must require collaboration between the home school and
2135the alternative school to promote student success.
2136     (5)(4)  SCHOOL IMPROVEMENT RATINGS.--The annual report
2137shall identify each school's performance as having improved,
2138remained the same, or declined. This school improvement rating
2139shall be based on a comparison of the current year's and
2140previous year's student and school performance data. Schools
2141that improve at least one performance grade level category are
2142eligible for school recognition awards pursuant to s. 1008.36.
2143     (6)(5)  SCHOOL REPORT CARD PERFORMANCE GRADE CATEGORY AND
2144IMPROVEMENT RATING REPORTS.--The Department of Education shall
2145annually develop, in collaboration with the district school
2146boards, a school report card to be delivered to parents
2147throughout each school district. The report card shall include
2148the school's grade, information regarding school improvement, an
2149explanation of school performance as evaluated by the federal No
2150Child Left Behind Act of 2001, and indicators of return on
2151investment. School performance grade category designations and
2152improvement ratings shall apply to each school's performance for
2153the year in which performance is measured. Each school's report
2154card designation and rating shall be published annually by the
2155department on its website, of Education and the school district
2156shall provide the school report card to each parent. Parents
2157shall be entitled to an easy-to-read report card about the
2158designation and rating of the school in which their child is
2159enrolled.
2160     (7)  PERFORMANCE-BASED FUNDING.--The Legislature may factor
2161in the performance of schools in calculating any
2162performance-based funding policy that is provided for annually
2163in the General Appropriations Act.
2164     (8)  DISTRICT PERFORMANCE GRADE.--The annual report
2165required by subsection (1) shall include district performance
2166grades, which shall consist of weighted district average grades,
2167by level, for all elementary schools, middle schools, and high
2168schools in the district. A district's weighted average grade
2169shall be calculated by weighting individual school grades
2170determined pursuant to subsection (2) by school enrollment.
2171     (9)(6)  RULES.--The State Board of Education shall adopt
2172rules pursuant to ss. 120.536(1) and 120.54 to implement the
2173provisions of this section.
2174     Section 39.  Section 1008.341, Florida Statutes, is created
2175to read:
2176     1008.341  School improvement rating for alternative
2177schools.--
2178     (1)  ANNUAL REPORTS.--The Commissioner of Education shall
2179prepare an annual report on the performance of each school
2180receiving a school improvement rating pursuant to this section
2181provided that the provisions of s. 1002.22 pertaining to student
2182records shall apply.
2183     (2)  SCHOOL IMPROVEMENT RATING.--Alternative schools that
2184provide dropout prevention and academic intervention services
2185may choose to receive a school improvement rating pursuant to
2186this section in lieu of a school grade pursuant to s. 1008.34.
2187The school improvement rating shall identify schools as having
2188one of the following ratings defined according to rules of the
2189State Board of Education:
2190     (a)  "Improving," schools with students making more
2191academic progress than when the students were served in their
2192home schools.
2193     (b)  "Maintaining," schools with students making progress
2194equivalent to the progress made when the students were served in
2195their home schools.
2196     (c)  "Declining," schools with students making less
2197academic progress than when the students were served in their
2198home schools.
2199
2200The school improvement rating shall be based on a comparison of
2201the current year and previous year student performance data.
2202Schools that improve at least one level or maintain an
2203"improving" rating pursuant to this section are eligible for
2204school recognition awards pursuant to s. 1008.36.
2205     (3)  DESIGNATION OF SCHOOL IMPROVEMENT RATING.--Student
2206data used in determining an alternative school's school
2207improvement rating shall include:
2208     (a)  The aggregate scores of all students who were assigned
2209to and enrolled in the school during the October or February FTE
2210count, who have been assessed on the FCAT, and who have FCAT or
2211comparable scores for the preceding school year.
2212     (b)  The aggregate scores of all students who were assigned
2213to and enrolled in the school during the October or February FTE
2214count, who have been assessed on the FCAT, including Florida
2215Writes, and who have scored in the lowest 25th percentile of
2216students in the state on FCAT Reading.
2217     (4)  IDENTIFICATION OF STUDENT LEARNING GAINS.--For each
2218alternative school receiving a school improvement rating, the
2219Department of Education shall annually identify the percentage
2220of students making learning gains as compared to the percentage
2221of the same students making learning gains in their home schools
2222in the year prior to being assigned to the alternative school.
2223     (5)  SCHOOL REPORT CARD.--The Department of Education shall
2224annually develop, in collaboration with the school districts, a
2225school report card for alternative schools to be delivered to
2226parents throughout each school district. The report card shall
2227include the school improvement rating, identification of student
2228learning gains, information regarding school improvement, an
2229explanation of school performance as evaluated by the federal No
2230Child Left Behind Act of 2001, and indicators of return on
2231investment.
2232     (6)  RULES.--The State Board of Education may adopt rules
2233pursuant to ss. 120.536(1) and 120.54 to implement the
2234provisions of this section.
2235     Section 40.  Subsection (5), paragraphs (b) and (d) of
2236subsection (6), and subsection (7) of section 1008.345, Florida
2237Statutes, are amended to read:
2238     1008.345  Implementation of state system of school
2239improvement and education accountability.--
2240     (5)  The commissioner shall report to the Legislature and
2241recommend changes in state policy necessary to foster school
2242improvement and education accountability. Included in the report
2243shall be a list of the schools, including schools operating for
2244the purpose of providing educational services to youth in
2245Department of Juvenile Justice programs, for which district
2246school boards have developed assistance and intervention plans
2247and an analysis of the various strategies used by the school
2248boards. School reports shall be distributed pursuant to this
2249subsection and s. 1001.42(16)(f)(e) and according to rules
2250adopted by the State Board of Education.
2251     (6)
2252     (b)  Upon request, the department shall provide technical
2253assistance and training to any school, including any school
2254operating for the purpose of providing educational services to
2255youth in Department of Juvenile Justice programs, school
2256advisory council, district, or district school board for
2257conducting needs assessments, developing and implementing school
2258improvement plans, developing and implementing assistance and
2259intervention plans, or implementing other components of school
2260improvement and accountability. Priority for these services
2261shall be given to schools designated with a as performance grade
2262of category "D" or "F" and school districts in rural and
2263sparsely populated areas of the state.
2264     (d)1.  The commissioner department shall assign a community
2265assessment team to each school district with a school designated
2266with a as performance grade of category "D" or "F" to review the
2267school performance data, including, for a high school graded "D"
2268or "F," the school's graduation rate calculated without GEDs for
2269the past 3 years, disaggregated by student ethnicity, and
2270determine causes for the low performance. The team shall make
2271recommendations to the school board, to the department, and to
2272the State Board of Education for implementing an assistance and
2273intervention plan that will address the causes of the school's
2274low performance. The assessment team shall include, but not be
2275limited to, a department representative, parents, business
2276representatives, educators, and community activists, and shall
2277represent the demographics of the community from which they are
2278appointed.
2279     2.  Each school district that has a school designated with
2280a grade of "F" for a second consecutive year after the community
2281assessment team's recommendations to the school board for
2282implementing an assistance and intervention plan shall be
2283subject to review and oversight by the Governor and the
2284Commissioner of Education as a school district in a state of
2285educational emergency.
2286     3.  For each school district in a state of educational
2287emergency, the Governor and the Commissioner of Education shall
2288contact the district school board to determine what actions have
2289been taken by the district school board to address the
2290recommendations of the community assessment team and to resolve
2291the educational emergency. The Governor and the Commissioner of
2292Education shall determine whether the district school board
2293needs state assistance to resolve the educational emergency. If
2294state assistance is needed, the Governor and the Commissioner of
2295Education have the authority to implement measures as set forth
2296in this subparagraph to assist the district school board in
2297resolving the educational emergency. Such measures may include,
2298but are not limited to:
2299     a.  Requiring approval of the school district's budget by
2300the Governor and the Commissioner of Education.
2301     b.  Authorizing a state loan and providing for its
2302repayment by the district school board.
2303     c.  Requiring the district school board to reallocate funds
2304as necessary until such time as the school district is no longer
2305in a state of educational emergency.
2306     d.  Making inspections and reviews of records, information,
2307reports, and assets of the school district. The appropriate
2308school district officials shall cooperate in such inspections
2309and reviews.
2310     e.  Consulting with officials and auditors of the school
2311district and the appropriate state officials regarding any steps
2312necessary to bring the books of account, accounting systems,
2313financial procedures, personnel, and personnel systems into
2314compliance with state requirements.
2315     f.  Providing technical assistance to the district school
2316board.
2317     g.  Establishing an educational emergency board to oversee
2318the activities of the district school board. If an educational
2319emergency board is established, the Governor and Commissioner of
2320Education shall appoint board members and select a chair. The
2321school district's community assessment team shall serve in an
2322advisory capacity to the educational emergency board. The
2323educational emergency board shall adopt such rules as are
2324necessary for conducting board business. The board may review
2325all of the educational operations, including, but not limited
2326to, graduation and dropout rates, personnel, management,
2327efficiency, curriculum, instructional materials, productivity,
2328and financing of functions and operations, of the school
2329district. The recommendations and reports made by the
2330educational emergency board must be submitted to the Governor,
2331the Commissioner of Education, and the State Board of Education
2332for appropriate action. Upon receipt of the educational
2333emergency board's recommendations and report, the Governor, the
2334Commissioner of Education, and the State Board of Education
2335shall require an action plan to implement the educational
2336emergency board's recommendations, to be prepared by officials
2337of the school district in consultation with the appropriate
2338state officials, so as to cause the school district to no longer
2339be in a state of educational emergency.
2340     4.  The Governor and the Commissioner of Education may
2341terminate all state actions pursuant to this paragraph upon
2342determination that the school district is no longer in a state
2343of educational emergency and has successfully established and is
2344operating an effective educational system for all students in
2345the district.
2346     (7)(a)  Schools designated with a in performance grade of
2347category "A," making excellent progress, shall, if requested by
2348the school, be given deregulated status as specified in s.
23491003.63(5), (7), (8), (9), and (10).
2350     (b)  Schools that have improved at least two grades
2351performance grade categories and that meet the criteria of the
2352Florida School Recognition Program pursuant to s. 1008.36 may be
2353given deregulated status as specified in s. 1003.63(5), (7),
2354(8), (9), and (10).
2355     Section 41.  Subsections (3), (4), and (5) of section
23561008.36, Florida Statutes, are amended to read:
2357     1008.36  Florida School Recognition Program.--
2358     (3)  All public schools, including charter schools, that
2359receive a school grade pursuant to s. 1008.34 or a school
2360improvement rating pursuant to s. 1008.341 are eligible to
2361participate in the program.
2362     (4)  All selected schools shall receive financial awards
2363depending on the availability of funds appropriated and the
2364number and size of schools selected to receive an award. Funds
2365must be distributed to the school's fiscal agent and placed in
2366the school's account and must be used for purposes listed in
2367subsection (5) as determined by the staff and school advisory
2368council pursuant to s. 1001.452 in the annual school improvement
2369plan required under s. 1001.42(16)(a). If such a determination
2370is not included in the school improvement plan at the time of
2371its annual approval by the district school board, the school
2372shall not be eligible to receive a financial award jointly by
2373the school's staff and school advisory council. If school staff
2374and the school advisory council cannot reach agreement by
2375November 1, the awards must be equally distributed to all
2376classroom teachers currently teaching in the school.
2377     (5)  School recognition awards must be used for the
2378following:
2379     (a)  Nonrecurring bonuses to the faculty and staff who
2380worked at the school during the year of improved performance and
2381additional employees as determined in the school improvement
2382plan;
2383     (b)  Nonrecurring expenditures for educational equipment,
2384or materials, or student incentives to assist in maintaining and
2385improving student performance; or
2386     (c)  Temporary personnel for the school to assist in
2387maintaining and improving student performance.
2388
2389Notwithstanding statutory provisions to the contrary, incentive
2390awards are not subject to collective bargaining.
2391     Section 42.  Paragraphs (f), (h), (l), (m), and (n) of
2392subsection (1) and paragraphs (a) and (b) of subsection (4) of
2393section 1011.62, Florida Statutes, are amended, subsections (8)
2394and (9) are renumbered as subsections (9) and (10),
2395respectively, and amended, and a new subsection (8) is added to
2396that section, to read:
2397     1011.62  Funds for operation of schools.--If the annual
2398allocation from the Florida Education Finance Program to each
2399district for operation of schools is not determined in the
2400annual appropriations act or the substantive bill implementing
2401the annual appropriations act, it shall be determined as
2402follows:
2403     (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
2404OPERATION.--The following procedure shall be followed in
2405determining the annual allocation to each district for
2406operation:
2407     (f)  Supplemental academic instruction; categorical fund.--
2408     1.  There is created a categorical fund to provide
2409supplemental academic instruction to students in kindergarten
2410through grade 12. This paragraph may be cited as the
2411"Supplemental Academic Instruction Categorical Fund."
2412     2.  Categorical funds for supplemental academic instruction
2413shall be allocated annually to each school district in the
2414amount provided in the General Appropriations Act. These funds
2415shall be in addition to the funds appropriated on the basis of
2416FTE student membership in the Florida Education Finance Program
2417and shall be included in the total potential funds of each
2418district. These funds shall be used to provide supplemental
2419academic instruction to students enrolled in the K-12 program.
2420Supplemental instruction strategies may include, but are not
2421limited to: modified curriculum, reading instruction, after-
2422school instruction, tutoring, mentoring, class size reduction,
2423extended school year, intensive skills development in summer
2424school, and other methods for improving student achievement.
2425Supplemental instruction may be provided to a student in any
2426manner and at any time during or beyond the regular 180-day term
2427identified by the school as being the most effective and
2428efficient way to best help that student progress from grade to
2429grade and to graduate.
2430     3.  Effective with the 1999-2000 fiscal year, funding on
2431the basis of FTE membership beyond the 180-day regular term
2432shall be provided in the FEFP only for students enrolled in
2433juvenile justice education programs or in an education program
2434for juveniles under s. 985.223. Funding for instruction beyond
2435the regular 180-day school year for all other K-12 students
2436shall be provided through the supplemental academic instruction
2437categorical fund and other state, federal, and local fund
2438sources with ample flexibility for schools to provide
2439supplemental instruction to assist students in progressing from
2440grade to grade and graduating.
2441     4.  The Florida State University School, as a lab school,
2442is authorized to expend from its FEFP or Lottery Enhancement
2443Trust Fund allocation the cost to the student of remediation in
2444reading, writing, or mathematics for any graduate who requires
2445remediation at a postsecondary educational institution.
2446     5.  Beginning in the 1999-2000 school year, dropout
2447prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
2448(b), and (c), and 1003.54 shall be included in group 1 programs
2449under subparagraph (d)3.
2450     (h)  Small, isolated high schools.--Districts which levy
2451the maximum nonvoted discretionary millage, exclusive of millage
2452for capital outlay purposes levied pursuant to s. 1011.71(2),
2453may calculate full-time equivalent students for small, isolated
2454high schools by multiplying the number of unweighted full-time
2455equivalent students times 2.75; provided the school has attained
2456a state accountability performance grade category of "C" or
2457better, pursuant to s. 1008.34, for the previous school year.
2458For the purpose of this section, the term "small, isolated high
2459school" means any high school which is located no less than 28
2460miles by the shortest route from another high school; which has
2461been serving students primarily in basic studies provided by
2462sub-subparagraphs (c)1.b. and c. and may include subparagraph
2463(c)4.; and which has a membership of no more than 100 students,
2464but no fewer than 28 students, in grades 9 through 12.
2465     (l)  Calculation of additional full-time equivalent
2466membership based on international baccalaureate examination
2467scores of students.--A value of 0.24 full-time equivalent
2468student membership shall be calculated for each student enrolled
2469in an international baccalaureate course who receives a score of
24704 or higher on a subject examination. A value of 0.3 full-time
2471equivalent student membership shall be calculated for each
2472student who receives an international baccalaureate diploma.
2473Such value shall be added to the total full-time equivalent
2474student membership in basic programs for grades 9 through 12 in
2475the subsequent fiscal year. The school district shall distribute
2476to each classroom teacher who provided international
2477baccalaureate instruction:
2478     1.  A bonus in the amount of $50 for each student taught by
2479the International Baccalaureate teacher in each international
2480baccalaureate course who receives a score of 4 or higher on the
2481international baccalaureate examination.
2482     2.  An additional bonus of $500 to each International
2483Baccalaureate teacher in a school designated with a performance
2484grade of category "D" or "F" who has at least one student
2485scoring 4 or higher on the international baccalaureate
2486examination, regardless of the number of classes taught or of
2487the number of students scoring a 4 or higher on the
2488international baccalaureate examination.
2489
2490Bonuses awarded to a teacher according to this paragraph shall
2491not exceed $2,000 in any given school year and shall be in
2492addition to any regular wage or other bonus the teacher received
2493or is scheduled to receive.
2494     (m)  Calculation of additional full-time equivalent
2495membership based on Advanced International Certificate of
2496Education examination scores of students.--A value of 0.24 full-
2497full-time equivalent student membership shall be calculated for
2498each student enrolled in a full-credit Advanced International
2499Certificate of Education course who receives a score of E or
2500higher on a subject examination. A value of 0.12 full-time
2501equivalent student membership shall be calculated for each
2502student enrolled in a half-credit Advanced International
2503Certificate of Education course who receives a score of E or
2504higher on a subject examination. A value of 0.3 full-time
2505equivalent student membership shall be calculated for each
2506student who receives an Advanced International Certificate of
2507Education diploma. Such value shall be added to the total full-
2508time equivalent student membership in basic programs for grades
25099 through 12 in the subsequent fiscal year. The school district
2510shall distribute to each classroom teacher who provided Advanced
2511International Certificate of Education instruction:
2512     1.  A bonus in the amount of $50 for each student taught by
2513the Advanced International Certificate of Education teacher in
2514each full-credit Advanced International Certificate of Education
2515course who receives a score of E or higher on the Advanced
2516International Certificate of Education examination. A bonus in
2517the amount of $25 for each student taught by the Advanced
2518International Certificate of Education teacher in each half-
2519credit Advanced International Certificate of Education course
2520who receives a score of E or higher on the Advanced
2521International Certificate of Education examination.
2522     2.  An additional bonus of $500 to each Advanced
2523International Certificate of Education teacher in a school
2524designated with a performance grade of category "D" or "F" who
2525has at least one student scoring E or higher on the full-credit
2526Advanced International Certificate of Education examination,
2527regardless of the number of classes taught or of the number of
2528students scoring an E or higher on the full-credit Advanced
2529International Certificate of Education examination.
2530     3.  Additional bonuses of $250 each to teachers of half-
2531credit Advanced International Certificate of Education classes
2532in a school designated with a performance grade of category "D"
2533or "F" which has at least one student scoring an E or higher on
2534the half-credit Advanced International Certificate of Education
2535examination in that class. The maximum additional bonus for a
2536teacher awarded in accordance with this subparagraph shall not
2537exceed $500 in any given school year. Teachers receiving an
2538award under subparagraph 2. are not eligible for a bonus under
2539this subparagraph.
2540
2541Bonuses awarded to a teacher according to this paragraph shall
2542not exceed $2,000 in any given school year and shall be in
2543addition to any regular wage or other bonus the teacher received
2544or is scheduled to receive.
2545     (n)  Calculation of additional full-time equivalent
2546membership based on college board advanced placement scores of
2547students.--A value of 0.24 full-time equivalent student
2548membership shall be calculated for each student in each advanced
2549placement course who receives a score of 3 or higher on the
2550College Board Advanced Placement Examination for the prior year
2551and added to the total full-time equivalent student membership
2552in basic programs for grades 9 through 12 in the subsequent
2553fiscal year. Each district must allocate at least 80 percent of
2554the funds provided to the district for advanced placement
2555instruction, in accordance with this paragraph, to the high
2556school that generates the funds. The school district shall
2557distribute to each classroom teacher who provided advanced
2558placement instruction:
2559     1.  A bonus in the amount of $50 for each student taught by
2560the Advanced Placement teacher in each advanced placement course
2561who receives a score of 3 or higher on the College Board
2562Advanced Placement Examination.
2563     2.  An additional bonus of $500 to each Advanced Placement
2564teacher in a school designated with a performance grade of
2565category "D" or "F" who has at least one student scoring 3 or
2566higher on the College Board Advanced Placement Examination,
2567regardless of the number of classes taught or of the number of
2568students scoring a 3 or higher on the College Board Advanced
2569Placement Examination.
2570
2571Bonuses awarded to a teacher according to this paragraph shall
2572not exceed $2,000 in any given school year and shall be in
2573addition to any regular wage or other bonus the teacher received
2574or is scheduled to receive.
2575     (4)  COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.--The
2576Legislature shall prescribe the aggregate required local effort
2577for all school districts collectively as an item in the General
2578Appropriations Act for each fiscal year. The amount that each
2579district shall provide annually toward the cost of the Florida
2580Education Finance Program for kindergarten through grade 12
2581programs shall be calculated as follows:
2582     (a)  Estimated taxable value calculations.--
2583     1.a.  Not later than 2 working days prior to July 19, the
2584Department of Revenue shall certify to the Commissioner of
2585Education its most recent estimate of the taxable value for
2586school purposes in each school district and the total for all
2587school districts in the state for the current calendar year
2588based on the latest available data obtained from the local
2589property appraisers. Not later than July 19, the Commissioner of
2590Education shall compute a millage rate, rounded to the next
2591highest one one-thousandth of a mill, which, when applied to 95
2592percent of the estimated state total taxable value for school
2593purposes, would generate the prescribed aggregate required local
2594effort for that year for all districts. The Commissioner of
2595Education shall certify to each district school board the
2596millage rate, computed as prescribed in this subparagraph, as
2597the minimum millage rate necessary to provide the district
2598required local effort for that year.
2599     b.  The General Appropriations Act shall direct the
2600computation of the statewide adjusted aggregate amount for
2601required local effort for all school districts collectively from
2602ad valorem taxes to ensure that no school district's revenue
2603from required local effort millage will produce more than 90
2604percent of the district's total Florida Education Finance
2605Program calculation, and the adjustment of the required local
2606effort millage rate of each district that produces more than 90
2607percent of its total Florida Education Finance Program
2608entitlement to a level that will produce only 90 percent of its
2609total Florida Education Finance Program entitlement in the July
2610calculation.
2611     2.  As revised data are received from property appraisers,
2612the Department of Revenue shall amend the certification of the
2613estimate of the taxable value for school purposes. The
2614Commissioner of Education, in administering the provisions of
2615subparagraph (10)(9)(a)2., shall use the most recent taxable
2616value for the appropriate year.
2617     (b)  Final calculation.--
2618     1.  The Department of Revenue shall, upon receipt of the
2619official final assessed value of property from each of the
2620property appraisers, certify to the Commissioner of Education
2621the taxable value total for school purposes in each school
2622district, subject to the provisions of paragraph (d). The
2623commissioner shall use the official final taxable value for
2624school purposes for each school district in the final
2625calculation of the annual Florida Education Finance Program
2626allocations.
2627     2.  For the purposes of this paragraph, the official final
2628taxable value for school purposes shall be the taxable value for
2629school purposes on which the tax bills are computed and mailed
2630to the taxpayers, adjusted to reflect final administrative
2631actions of value adjustment boards and judicial decisions
2632pursuant to part I of chapter 194. By September 1 of each year,
2633the Department of Revenue shall certify to the commissioner the
2634official prior year final taxable value for school purposes. For
2635each county that has not submitted a revised tax roll reflecting
2636final value adjustment board actions and final judicial
2637decisions, the Department of Revenue shall certify the most
2638recent revision of the official taxable value for school
2639purposes. The certified value shall be the final taxable value
2640for school purposes, and no further adjustments shall be made,
2641except those made pursuant to subparagraph (10)(9)(a)2.
2642     (8)  RESEARCH-BASED READING INSTRUCTION ALLOCATION.--
2643     (a)  The research-based reading instruction allocation is
2644created to provide comprehensive reading instruction to students
2645in kindergarten through grade 12.
2646     (b)  Funds for comprehensive, research-based reading
2647instruction shall be allocated annually to each school district
2648in the amount provided in the General Appropriations Act. Each
2649eligible school district shall receive the same minimum amount
2650as specified in the General Appropriations Act, and any
2651remaining funds shall be distributed to eligible school
2652districts based on each school district's proportionate share of
2653K-12 base funding.
2654     (c)  Funds must be used to provide a system of
2655comprehensive reading instruction to students enrolled in the K-
265612 programs, which may include the following:
2657     1.  The provision of highly qualified reading coaches.
2658     2.  Professional development for school district teachers
2659and administrators in scientifically based reading instruction.
2660     3.  The provision of summer reading camps for students who
2661score at Level 1 on FCAT Reading.
2662     4.  The provision of supplemental instructional materials
2663that are grounded in scientifically based reading research and
2664comprehensive training in their use for which teachers shall
2665receive inservice credit.
2666     5.  The provision of intensive interventions for middle and
2667high school students reading below grade level.
2668     (d)  Annually, by a date determined by the Department of
2669Education but before May 1, school districts shall submit a K-12
2670comprehensive reading plan for the specific use of the research-
2671based reading instruction allocation in the format prescribed by
2672the department for review and approval by the Just Read,
2673Florida! Office created pursuant to s. 1001.215. The plan
2674annually submitted by school districts shall be deemed approved
2675unless the department rejects the plan on or before June 1. If a
2676school district and the Just Read, Florida! Office cannot reach
2677agreement on the contents of the plan, the school district may
2678appeal to the State Board of Education for resolution. High-
2679performing school districts shall be allowed reasonable
2680flexibility in designing their plans and shall be encouraged to
2681offer reading intervention through innovative methods. The plan
2682format shall be developed with input from school district
2683personnel, including teachers and principals. The plan must
2684emphasize reading for information at the secondary level and
2685allow reading intervention through content courses in core,
2686career, and alternative programs. No later than July 1 annually,
2687the department shall release the school district's allocation of
2688appropriated funds to those districts with approved plans. A
2689school district that spends 100 percent of this allocation on
2690its approved plan shall be deemed to have been in compliance
2691with the plan. The department may withhold funds upon a
2692determination that reading instruction allocation funds are not
2693being used to implement the approved plan.
2694     (9)(8)  QUALITY ASSURANCE GUARANTEE.--The Legislature may
2695annually in the General Appropriations Act determine a
2696percentage increase in funds per K-12 unweighted FTE as a
2697minimum guarantee to each school district. The guarantee shall
2698be calculated from prior year base funding per unweighted FTE
2699student which shall include the adjusted FTE dollars as provided
2700in subsection (10)(9), quality guarantee funds, and actual
2701nonvoted discretionary local effort from taxes. From the base
2702funding per unweighted FTE, the increase shall be calculated for
2703the current year. The current year funds from which the
2704guarantee shall be determined shall include the adjusted FTE
2705dollars as provided in subsection (10)(9) and potential nonvoted
2706discretionary local effort from taxes. A comparison of current
2707year funds per unweighted FTE to prior year funds per unweighted
2708FTE shall be computed. For those school districts which have
2709less than the legislatively assigned percentage increase, funds
2710shall be provided to guarantee the assigned percentage increase
2711in funds per unweighted FTE student. Should appropriated funds
2712be less than the sum of this calculated amount for all
2713districts, the commissioner shall prorate each district's
2714allocation. This provision shall be implemented to the extent
2715specifically funded.
2716     (10)(9)  TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT
2717FOR CURRENT OPERATION.--The total annual state allocation to
2718each district for current operation for the FEFP shall be
2719distributed periodically in the manner prescribed in the General
2720Appropriations Act.
2721     (a)  The basic amount for current operation for the FEFP as
2722determined in subsection (1), multiplied by the district cost
2723differential factor as determined in subsection (2), plus the
2724amounts provided for categorical components within the FEFP,
2725plus the amount for the sparsity supplement as determined in
2726subsection (6), the decline in full-time equivalent students as
2727determined in subsection (7), the research-based reading
2728instruction allocation as determined in subsection (8), and the
2729quality assurance guarantee as determined in subsection (9)(8),
2730less the required local effort as determined in subsection (4).
2731If the funds appropriated for the purpose of funding the total
2732amount for current operation as provided in this paragraph are
2733not sufficient to pay the state requirement in full, the
2734department shall prorate the available state funds to each
2735district in the following manner:
2736     1.  Determine the percentage of proration by dividing the
2737sum of the total amount for current operation, as provided in
2738this paragraph for all districts collectively, and the total
2739district required local effort into the sum of the state funds
2740available for current operation and the total district required
2741local effort.
2742     2.  Multiply the percentage so determined by the sum of the
2743total amount for current operation as provided in this paragraph
2744and the required local effort for each individual district.
2745     3.  From the product of such multiplication, subtract the
2746required local effort of each district; and the remainder shall
2747be the amount of state funds allocated to the district for
2748current operation.
2749     (b)  The amount thus obtained shall be the net annual
2750allocation to each school district. However, if it is determined
2751that any school district received an underallocation or
2752overallocation for any prior year because of an arithmetical
2753error, assessment roll change, full-time equivalent student
2754membership error, or any allocation error revealed in an audit
2755report, the allocation to that district shall be appropriately
2756adjusted. Beginning with audits for the 2001-2002 fiscal year,
2757if the adjustment is the result of an audit finding in which
2758group 2 FTE are reclassified to the basic program and the
2759district weighted FTE are over the weighted enrollment ceiling
2760for group 2 programs, the adjustment shall not result in a gain
2761of state funds to the district. If the Department of Education
2762audit adjustment recommendation is based upon controverted
2763findings of fact, the Commissioner of Education is authorized to
2764establish the amount of the adjustment based on the best
2765interests of the state.
2766     (c)  The amount thus obtained shall represent the net
2767annual state allocation to each district; however,
2768notwithstanding any of the provisions herein, each district
2769shall be guaranteed a minimum level of funding in the amount and
2770manner prescribed in the General Appropriations Act.
2771     Section 43.  Paragraph (a) of subsection (2) of section
27721011.64, Florida Statutes, is amended to read:
2773     1011.64  School district minimum classroom expenditure
2774requirements.--
2775     (2)  For the purpose of implementing the provisions of this
2776section, the Legislature shall prescribe minimum academic
2777performance standards and minimum classroom expenditure
2778requirements for districts not meeting such minimum academic
2779performance standards in the General Appropriations Act.
2780     (a)  Minimum academic performance standards may be based
2781on, but are not limited to, district performance grades
2782determined pursuant to s. 1008.34(7)(8).
2783     Section 44.  Section 1011.67, Florida Statutes, is amended
2784to read:
2785     1011.67  Funds for instructional materials.--
2786     (1)  The department is authorized to allocate and
2787distribute to each district an amount as prescribed annually by
2788the Legislature for instructional materials for student
2789membership in basic and special programs in grades K-12, which
2790will provide for growth and maintenance needs. For purposes of
2791this subsection section, unweighted full-time equivalent
2792students enrolled in the lab schools in state universities are
2793to be included as school district students and reported as such
2794to the department. These funds shall be distributed to school
2795districts as follows: 50 percent on or about July 10; 35 percent
2796on or about October 10; 10 percent on or about January 10; and 5
2797percent on or about June 10. The annual allocation shall be
2798determined as follows:
2799     (a)(1)  The growth allocation for each school district
2800shall be calculated as follows:
2801     1.(a)  Subtract from that district's projected full-time
2802equivalent membership of students in basic and special programs
2803in grades K-12 used in determining the initial allocation of the
2804Florida Education Finance Program, the prior year's full-time
2805equivalent membership of students in basic and special programs
2806in grades K-12 for that district.
2807     2.(b)  Multiply any such increase in full-time equivalent
2808student membership by the allocation for a set of instructional
2809materials, as determined by the department, or as provided for
2810in the General Appropriations Act.
2811     3.(c)  The amount thus determined shall be that district's
2812initial allocation for growth for the school year. However, the
2813department shall recompute and adjust the initial allocation
2814based on actual full-time equivalent student membership data for
2815that year.
2816     (b)(2)  The maintenance of the instructional materials
2817allocation for each school district shall be calculated by
2818multiplying each district's prior year full-time equivalent
2819membership of students in basic and special programs in grades
2820K-12 by the allocation for maintenance of a set of instructional
2821materials as provided for in the General Appropriations Act. The
2822amount thus determined shall be that district's initial
2823allocation for maintenance for the school year; however, the
2824department shall recompute and adjust the initial allocation
2825based on such actual full-time equivalent student membership
2826data for that year.
2827     (c)(3)  In the event the funds appropriated are not
2828sufficient for the purpose of implementing this subsection
2829section in full, the department shall prorate the funds
2830available for instructional materials after first funding in
2831full each district's growth allocation.
2832     (2)  Annually by July 1 and prior to the release of
2833instructional materials funds, each district school
2834superintendent shall certify to the Commissioner of Education
2835that the district school board has approved a comprehensive
2836staff development plan that requires fidelity of implementation
2837of instructional materials that are in the first 2 years of the
2838adoption cycle and that the district intends to purchase. The
2839staff development plan must provide for training for each
2840teacher who will use the materials, provide inservice credit for
2841the training, and document satisfactory completion of the
2842training by each teacher. The superintendent shall annually
2843report to the district school board on the implementation of the
2844plan. The report shall include verification that training was
2845provided, that teachers satisfactorily completed the training,
2846and that the materials are being implemented as designed. The
2847district's collective bargaining agreement shall not be used as
2848a barrier to compliance with this subsection.
2849     Section 45.  Paragraph (b) of subsection (2) of section
28501011.685, Florida Statutes, is amended to read:
2851     1011.685  Class size reduction; operating categorical
2852fund.--
2853     (2)  Class size reduction operating categorical funds shall
2854be used by school districts for the following:
2855     (b)  For any lawful operating expenditure, if the district
2856has met the constitutional maximums identified in s. 1003.03(1)
2857or the reduction of two students per year required by s.
28581003.03(2); however, priority shall be given to increase
2859salaries of classroom teachers as defined in s. 1012.01(2)(a)
2860and to implement the performance-pay incentive and the
2861differentiated pay detailed in s. 1012.22(1)(c) salary career
2862ladder defined in s. 1012.231.
2863     Section 46.  Subsection (1) of section 1011.71, Florida
2864Statutes, is amended to read:
2865     1011.71  District school tax.--
2866     (1)  If the district school tax is not provided in the
2867General Appropriations Act or the substantive bill implementing
2868the General Appropriations Act, each district school board
2869desiring to participate in the state allocation of funds for
2870current operation as prescribed by s. 1011.62(10)(9) shall levy
2871on the taxable value for school purposes of the district,
2872exclusive of millage voted under the provisions of s. 9(b) or s.
287312, Art. VII of the State Constitution, a millage rate not to
2874exceed the amount certified by the commissioner as the minimum
2875millage rate necessary to provide the district required local
2876effort for the current year, pursuant to s. 1011.62(4)(a)1. In
2877addition to the required local effort millage levy, each
2878district school board may levy a nonvoted current operating
2879discretionary millage. The Legislature shall prescribe annually
2880in the appropriations act the maximum amount of millage a
2881district may levy. The millage rate prescribed shall exceed zero
2882mills but shall not exceed the lesser of 1.6 mills or 25 percent
2883of the millage which is required pursuant to s. 1011.62(4),
2884exclusive of millage levied pursuant to subsection (2).
2885     Section 47.  Subsection (6) is added to section 1012.21,
2886Florida Statutes, to read:
2887     1012.21  Department of Education duties; K-12 personnel.--
2888     (6)  REPORTING.--The Department of Education shall annually
2889post online links to each school district's collectively
2890bargained contracts and the salary and benefits of the personnel
2891or officers of any educator association that were paid by the
2892school district pursuant to s. 1012.22.
2893     Section 48.  Paragraph (c) of subsection (1) of section
28941012.22, Florida Statutes, is amended to read:
2895     1012.22  Public school personnel; powers and duties of the
2896district school board.--The district school board shall:
2897     (1)  Designate positions to be filled, prescribe
2898qualifications for those positions, and provide for the
2899appointment, compensation, promotion, suspension, and dismissal
2900of employees as follows, subject to the requirements of this
2901chapter:
2902     (c)  Compensation and salary schedules.--
2903     1.  The district school board shall adopt a salary schedule
2904or salary schedules designed to furnish incentives for
2905improvement in training and for continued efficient service to
2906be used as a basis for paying all school employees and fix and
2907authorize the compensation of school employees on the basis
2908thereof.
2909     2.  A district school board, in determining the salary
2910schedule for instructional personnel, must base a portion of
2911each employee's compensation on performance demonstrated under
2912s. 1012.34, must consider the prior teaching experience of a
2913person who has been designated state teacher of the year by any
2914state in the United States, and must consider prior professional
2915experience in the field of education gained in positions in
2916addition to district level instructional and administrative
2917positions.
2918     3.  In developing the salary schedule, the district school
2919board shall seek input from parents, teachers, and
2920representatives of the business community.
2921     4.  Beginning with the 2002-2003 fiscal year, each district
2922school board must adopt a performance-pay policy for school
2923administrators and instructional personnel. The district's
2924performance-pay policy is subject to negotiation as provided in
2925chapter 447; however, the adopted salary schedule must allow
2926school administrators and instructional personnel who
2927demonstrate outstanding performance, as measured under s.
29281012.34, to earn a 5-percent supplement in addition to their
2929individual, negotiated salary. The supplements shall be funded
2930from the performance-pay reserve funds adopted in the salary
2931schedule. Beginning with the 2004-2005 academic year, the
2932district's 5-percent performance-pay policy must provide for the
2933evaluation of classroom teachers within each level of the salary
2934career ladder provided in s. 1012.231. The Commissioner of
2935Education shall determine whether the district school board's
2936adopted policy and salary schedule complies with the requirement
2937for performance-based pay. If the district school board fails to
2938comply with this section, the commissioner may shall withhold
2939disbursements from the Educational Enhancement Trust Fund to the
2940district and take any other measure provided by law necessary to
2941ensure compliance until compliance is verified.
2942     5.  Beginning with the 2007-2008 academic year, each
2943district school board shall adopt a salary schedule with
2944differentiated pay for both instructional personnel and school-
2945based administrators. The salary schedule is subject to
2946negotiation as provided in chapter 447 and must allow
2947differentiated pay based on district-determined factors,
2948including, but not limited to, additional responsibilities,
2949school demographics, critical shortage areas, and level of job
2950performance difficulties.
2951     Section 49.  Section 1012.2315, Florida Statutes, is
2952created to read:
2953     1012.2315  Assignment of teachers.--
2954     (1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature
2955finds disparity between teachers assigned to teach in a majority
2956of "A" graded schools compared to teachers assigned to teach in
2957a majority of "F" graded schools. The disparity can be found in
2958the average years of experience, the median salary, and the
2959performance of the teachers on teacher certification
2960examinations. It is the intent of the Legislature that district
2961school boards have flexibility through the collective bargaining
2962process to assign teachers more equitably across the schools in
2963the district.
2964     (2)  ASSIGNMENT TO SCHOOLS GRADED "D" OR "F."--School
2965districts may not assign a higher percentage than the school
2966district average of first-time teachers, temporarily certified
2967teachers, teachers in need of improvement, or out-of-field
2968teachers to schools with above the school district average of
2969minority and economically disadvantaged students or schools that
2970are graded "D" or "F." Each school district shall annually
2971certify to the Commissioner of Education that this requirement
2972has been met. If the commissioner determines that a school
2973district is not in compliance with this subsection, the State
2974Board of Education shall be notified and shall take action
2975pursuant to s. 1008.32 in the next regularly scheduled meeting
2976to require compliance.
2977     Section 50.  Subsection (2) of section 1012.27, Florida
2978Statutes, is amended to read:
2979     1012.27  Public school personnel; powers and duties of
2980district school superintendent.--The district school
2981superintendent is responsible for directing the work of the
2982personnel, subject to the requirements of this chapter, and in
2983addition the district school superintendent shall perform the
2984following:
2985     (2)  COMPENSATION AND SALARY SCHEDULES.--Prepare and
2986recommend to the district school board for adoption a salary
2987schedule or salary schedules. The district school superintendent
2988must recommend a salary schedule for instructional personnel
2989which bases a portion of each employee's compensation on
2990performance demonstrated under s. 1012.34. In developing the
2991recommended salary schedule, the district school superintendent
2992shall include input from parents, teachers, and representatives
2993of the business community. Beginning with the 2006-2007 2004-
29942005 academic year, the recommended salary schedule for
2995classroom teachers shall be consistent with the district's
2996performance-pay policy under s. 1012.22(1)(c) and, beginning
2997with the 2007-2008 academic year, the district's differentiated
2998pay under s. 1012.22(1)(c) career ladder based upon s. 1012.231.
2999     Section 51.  Subsection (6) of section 1012.28, Florida
3000Statutes, is amended to read:
3001     1012.28  Public school personnel; duties of school
3002principals.--
3003     (6)  A school principal who fails to comply with this
3004section shall be ineligible for any portion of the performance-
3005pay performance pay policy incentive or the differentiated pay
3006under s. 1012.22(1)(c).
3007     Section 52.  Paragraph (a) of subsection (3) of section
30081012.34, Florida Statutes, is amended to read:
3009     1012.34  Assessment procedures and criteria.--
3010     (3)  The assessment procedure for instructional personnel
3011and school administrators must be primarily based on the
3012performance of students assigned to their classrooms or schools,
3013as appropriate. Pursuant to this section, a school district's
3014performance assessment is not limited to basing unsatisfactory
3015performance of instructional personnel and school administrators
3016upon student performance, but may include other criteria
3017approved to assess instructional personnel and school
3018administrators' performance, or any combination of student
3019performance and other approved criteria. The procedures must
3020comply with, but are not limited to, the following requirements:
3021     (a)  An assessment must be conducted for each employee at
3022least once a year. The assessment must be based upon sound
3023educational principles and contemporary research in effective
3024educational practices. The assessment must primarily use data
3025and indicators of improvement in student performance assessed
3026annually as specified in s. 1008.22 and may consider results of
3027peer reviews in evaluating the employee's performance. Student
3028performance must be measured by state assessments required under
3029s. 1008.22 and by local assessments for subjects and grade
3030levels not measured by the state assessment program. The
3031assessment criteria must include, but are not limited to,
3032indicators that relate to the following:
3033     1.  Performance of students.
3034     2.  Ability to maintain appropriate discipline.
3035     3.  Knowledge of subject matter. The district school board
3036shall make special provisions for evaluating teachers who are
3037assigned to teach out-of-field.
3038     4.  Ability to plan and deliver instruction, including
3039implementation of the rigorous reading requirement pursuant to
3040s. 1003.415, when applicable, and the use of technology in the
3041classroom.
3042     5.  Ability to evaluate instructional needs.
3043     6.  Ability to establish and maintain a positive
3044collaborative relationship with students' families to increase
3045student achievement.
3046     7.  Other professional competencies, responsibilities, and
3047requirements as established by rules of the State Board of
3048Education and policies of the district school board.
3049     Section 53.  Subsection (4) of section 1012.56, Florida
3050Statutes, is amended to read:
3051     1012.56  Educator certification requirements.--
3052     (4)  MASTERY OF SUBJECT AREA KNOWLEDGE.--Acceptable means
3053of demonstrating mastery of subject area knowledge are:
3054     (a)  Achievement of passing scores on subject area
3055examinations required by state board rule;
3056     (b)  Completion of the subject area specialization
3057requirements specified in state board rule and verification of
3058the attainment of the essential subject matter competencies by
3059the district school superintendent of the employing school
3060district or chief administrative officer of the employing state-
3061supported or private school for a subject area for which a
3062subject area examination has not been developed and required by
3063state board rule;
3064     (c)  Completion of the subject area specialization
3065requirements specified in state board rule for a subject
3066coverage requiring a master's or higher degree and achievement
3067of a passing score on the subject area examination specified in
3068state board rule;
3069     (d)  A valid professional standard teaching certificate
3070issued by another state; or
3071     (e)  A valid certificate issued by the National Board for
3072Professional Teaching Standards or a national educator
3073credentialing board approved by the State Board of Education.
3074
3075School districts are encouraged to provide mechanisms for those
3076middle school teachers holding only a K-6 teaching certificate
3077to obtain a subject area coverage for middle grades through
3078postsecondary coursework or district subject content
3079professional development activities to assist in the preparation
3080for earning a passing score on the subject area examination
3081required for add-on certification.
3082     Section 54.  Section 1012.986, Florida Statutes, is created
3083to read:
3084     1012.986  William Cecil Golden Professional Development
3085Program for School Leaders.--
3086     (1)  ESTABLISHMENT.--There is established the William Cecil
3087Golden Professional Development Program for School Leaders, a
3088high-quality, competency-based, customized, comprehensive, and
3089coordinated statewide professional development program that is
3090aligned with the leadership standards for school leaders adopted
3091by the State Board of Education. The program shall be
3092administered by the Department of Education and shall provide
3093leadership training opportunities for school leaders to enable
3094them to be more effective instructional leaders, especially in
3095the area of reading. The program shall provide school leaders
3096with the opportunity to attain a school leadership designation
3097pursuant to subsection (3).
3098     (2)  DEFINITION.--As used in this section, the term "school
3099leader" means a school principal or assistant principal holding
3100a valid Florida certificate in educational leadership.
3101     (3)  DESIGNATIONS.--The Department of Education shall
3102develop criteria for designating high-performing school leaders.
3103The criteria must emphasize student learning gains, especially
3104in high schools.
3105     (4)  PROGRAM REQUIREMENTS.--
3106     (a)  The program shall be based upon the leadership
3107standards adopted by the State Board of Education, the standards
3108of the National Staff Development Council, and the federal
3109requirements for high-quality professional development under the
3110No Child Left Behind Act of 2001.
3111     (b)  The program shall provide a competency-based approach
3112that utilizes prediagnostic and postdiagnostic evaluations that
3113shall be used to create an individualized professional
3114development plan approved by the district school superintendent.
3115The plan shall be structured to support the school leader's
3116attainment of the leadership standards adopted by the State
3117Board of Education.
3118     (c)  The program shall incorporate instructional leadership
3119training and effective business practices for efficient school
3120operations in school leadership training.
3121     (5)  DELIVERY SYSTEMS.--The Department of Education shall
3122deliver the program through multiple delivery systems,
3123including:
3124     (a)  Approved school district training programs.
3125     (b)  Interactive technology-based instruction.
3126     (c)  Regional consortium service organizations pursuant to
3127s. 1001.451.
3128     (6)  RULES.--The State Board of Education shall adopt rules
3129pursuant to ss. 120.536(1) and 120.54 to implement the
3130provisions of this section.
3131     Section 55.  Section 1012.987, Florida Statutes, is
3132repealed.
3133     Section 56.  This act shall take effect upon becoming a
3134law.


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