1 | A bill to be entitled |
2 | An act relating to education; amending s. 11.90, F.S.; |
3 | authorizing the Legislative Budget Commission to review a |
4 | state plan to implement federal requirements; amending s. |
5 | 20.15, F.S.; establishing the Division of Accountability, |
6 | Research, and Measurement in the Department of Education; |
7 | amending s. 1000.03, F.S.; revising the mission of the |
8 | state's K-20 education system; repealing s. 1000.041, |
9 | F.S., to conform provisions relating to the 2005 repeal of |
10 | the BEST Florida Teaching salary career ladder program; |
11 | amending s. 1001.02, F.S.; requiring legislative review of |
12 | a revised state plan to implement certain federal |
13 | requirements; amending s. 1001.03, F.S.; requiring |
14 | periodic review of Sunshine State Standards subject areas |
15 | and an annual status report; requiring rules for certain |
16 | teachers to earn a reading credential equivalent; |
17 | requiring the maintenance of a uniform school district |
18 | personnel classification system; amending s. 1001.10, |
19 | F.S.; requiring legislative review of a revised state plan |
20 | to implement certain federal requirements; creating s. |
21 | 1001.215, F.S.; creating the Just Read, Florida! Office in |
22 | the Department of Education; providing duties; amending s. |
23 | 1001.33, F.S.; conforming provisions relating to the 2005 |
24 | repeal of the BEST Florida Teaching salary career ladder |
25 | program; amending s. 1001.41, F.S.; requiring district |
26 | school boards to adopt standards and policies to provide |
27 | each student a complete education program; amending s. |
28 | 1001.42, F.S.; providing a district school board |
29 | requirement relating to the opening date of the school |
30 | year; conforming provisions relating to the 2005 repeal of |
31 | the BEST Florida Teaching salary career ladder program; |
32 | providing requirements for each school district's system |
33 | of school improvement and student progression; revising |
34 | requirements for school improvement plans; requiring |
35 | alignment with the Sunshine State Standards; revising |
36 | format and content of public disclosure reports; |
37 | conforming provisions relating to deletion of a rigorous |
38 | reading requirement and the designation of school grades; |
39 | repealing s. 1001.51(24), F.S., and amending s. 1001.54, |
40 | F.S.; conforming provisions relating to the 2005 repeal of |
41 | the BEST Florida Teaching salary career ladder program; |
42 | revising provisions relating to duties of school |
43 | principals; amending s. 1002.38, F.S., relating to the |
44 | Opportunity Scholarship Program; conforming provisions |
45 | relating to the designation of school grades; amending s. |
46 | 1003.01, F.S.; revising definition of the term "special |
47 | education services"; amending s. 1003.05, F.S.; deleting |
48 | the requirement that certain children receive preference |
49 | for admission to special academic programs even if maximum |
50 | enrollment has been reached; revising programs defined as |
51 | "special academic programs" for purposes of such |
52 | preference; creating s. 1003.413, F.S., relating to |
53 | secondary school reform; providing intent and guiding |
54 | principles; requiring district school boards to establish |
55 | policies to implement requirements for middle grades |
56 | promotion, revised requirements for high school |
57 | graduation, and requirements for career and professional |
58 | academies; requiring policy approval and department |
59 | support for implementation; directing the Commissioner of |
60 | Education to create and implement the Secondary School |
61 | Improvement Award Program; repealing s. 1003.415, F.S., |
62 | the Middle Grades Reform Act; creating s. 1003.4156, F.S.; |
63 | providing general course requirements for middle grades |
64 | promotion; requiring intensive reading and mathematics |
65 | courses in certain circumstances; authorizing rulemaking |
66 | and enforcement; amending s. 1003.42, F.S.; providing for |
67 | required instruction for middle grades promotion; creating |
68 | s. 1003.428, F.S.; establishing revised general |
69 | requirements for high school graduation; providing |
70 | applicability beginning with 2007-2008 first-year high |
71 | school students; requiring completion of specified credits |
72 | or a specified curriculum; requiring strategies for |
73 | exceptional students to meet graduation requirements; |
74 | requiring standards for graduation; requiring rules for |
75 | test accommodations and modifications in certain cases; |
76 | providing requirements for standard diplomas and |
77 | certificates of completion with exceptions; authorizing |
78 | rulemaking and enforcement; amending s. 1003.437, F.S.; |
79 | including middle grades in the uniform grading system; |
80 | repealing s. 1003.492(3) and (4), F.S., relating to |
81 | department studies of student performance in industry- |
82 | certified career education programs; creating s. 1003.493, |
83 | F.S.; defining career and professional academies and |
84 | specifying goals of the academies; providing requirements |
85 | of academies relating to curriculum, partnerships, |
86 | instruction, career education certification, and |
87 | evaluation; amending s. 1003.57, F.S.; providing |
88 | guidelines for determining the residency of a student who |
89 | receives instruction as an exceptional student with a |
90 | disability; requiring the student's placing authority or |
91 | parent to pay the cost of such instruction, facilities, |
92 | and services; providing responsibilities of the |
93 | department; providing responsibilities of residential |
94 | facilities that educate exceptional students with |
95 | disabilities; providing applicability; creating s. |
96 | 1003.576, F.S.; requiring the department to develop an |
97 | individual education plan form for use in developing and |
98 | implementing individual education plans for exceptional |
99 | students; requiring school districts to use the form; |
100 | amending s. 1003.58, F.S.; correcting a cross-reference; |
101 | amending s. 1003.62, F.S.; conforming provisions relating |
102 | to the designation of school grades and differentiated pay |
103 | for school administrators and instructional personnel; |
104 | creating s. 1004.99, F.S., the Florida Ready to Work |
105 | Certification Program to enhance student workplace skills; |
106 | providing for program implementation and requirements; |
107 | authorizing rulemaking; amending s. 1006.09, F.S.; |
108 | conforming provisions relating to differentiated pay; |
109 | amending s. 1007.2615, F.S.; revising provisions for |
110 | certification of American Sign Language teachers; amending |
111 | s. 1008.22, F.S.; specifying FCAT grade level and subject |
112 | area testing requirements; requiring documentation of |
113 | procedures that ensure test difficulty under certain |
114 | circumstances; requiring certain opportunities for |
115 | demonstrating student performance; requiring the |
116 | Commissioner of Education to adopt scores concordant to |
117 | FCAT scores required for high school graduation; providing |
118 | that such scores satisfy requirements for a diploma; |
119 | clarifying eligibility to use such scores; requiring an |
120 | annual report on student performance; repealing s. |
121 | 1008.221, F.S., relating to alternative assessments for |
122 | dependent children of military personnel, to conform; |
123 | amending s. 1008.25, F.S.; authorizing district school |
124 | boards to require low-performing students to attend |
125 | remediation programs outside of regular school hours or |
126 | during the summer; requiring the department to establish a |
127 | uniform format for reporting information relating to |
128 | student progression; requiring an annual report; repealing |
129 | s. 1008.301, F.S., relating to a concordance study of FCAT |
130 | equivalencies for high school graduation; amending s. |
131 | 1008.31, F.S.; revising intent, goals, and measures of the |
132 | K-20 performance accountability system and requiring data |
133 | quality improvements; requiring adoption of rules; |
134 | amending s. 1008.33, F.S.; conforming a cross-reference |
135 | and provisions relating to the designation of school |
136 | grades; authorizing principals to recommend corrective |
137 | actions for low-performing faculty and staff at "F" graded |
138 | schools and publication of a school's grade; amending s. |
139 | 1008.34, F.S.; revising terminology and provisions |
140 | relating to designation and determination of school |
141 | grades; providing for school grading for alternative |
142 | schools and specifying requirements related thereto; |
143 | defining the term "home school" for purposes of |
144 | assessment; requiring an annual school report card to be |
145 | published by the department and distributed by school |
146 | districts; creating s. 1008.341, F.S.; providing for |
147 | school improvement ratings for certain alternative |
148 | schools; providing the basis for such ratings and |
149 | requiring annual performance reports; providing for |
150 | determination of school improvement ratings, |
151 | identification of student learning gains, and eligibility |
152 | for school recognition awards; requiring the development |
153 | and distribution of an annual school report card; |
154 | authorizing adoption of rules; amending s. 1008.345, F.S.; |
155 | conforming a cross-reference and provisions relating to |
156 | the designation of school grades; providing conditions for |
157 | determination of a school district in a state of |
158 | educational emergency; providing procedures to resolve the |
159 | educational emergency, including state assistance; |
160 | authorizing establishment of an educational emergency |
161 | board and providing duties thereof; providing for an |
162 | action plan to implement recommendations; amending s. |
163 | 1008.36, F.S.; authorizing certain alternative schools to |
164 | participate in the Florida School Recognition Program; |
165 | modifying procedures for determination and use of school |
166 | recognition awards; amending s. 1011.62, F.S.; providing |
167 | FTE funding for juveniles enrolled in specified education |
168 | programs; conforming cross-references and provisions |
169 | relating to the designation of school grades; establishing |
170 | a research-based reading instruction allocation to provide |
171 | funds for a comprehensive reading instruction system; |
172 | requiring school district plans for use of the allocation |
173 | and approval thereof; including the allocation in the |
174 | total amount allocated to each school district for current |
175 | operation; amending s. 1011.64, F.S.; conforming |
176 | terminology and a cross-reference; amending s. 1011.67, |
177 | F.S.; requiring district school board approval of a staff |
178 | development plan relating to use of instructional |
179 | materials; amending s. 1011.685, F.S.; conforming |
180 | provisions relating to the 2005 repeal of the BEST Florida |
181 | Teaching salary career ladder program and implementation |
182 | of differentiated pay; amending s. 1011.71, F.S.; |
183 | correcting a cross-reference; amending s. 1012.21, F.S.; |
184 | requiring department reporting relating to school district |
185 | collectively bargained contracts and the salary and |
186 | benefits of certain personnel; amending s. 1012.22, F.S.; |
187 | requiring each district school board to adopt a salary |
188 | schedule with differentiated pay for instructional |
189 | personnel and school-based administrators beginning with |
190 | the 2007-2008 academic year; creating s. 1012.2315, F.S.; |
191 | providing school district requirements for the assignment |
192 | of teachers and providing procedures for noncompliance; |
193 | amending s. 1012.27, F.S.; conforming provisions relating |
194 | to the 2005 repeal of the BEST Florida Teaching salary |
195 | career ladder program and implementation of differentiated |
196 | pay; amending s. 1012.28, F.S.; conforming provisions |
197 | relating to differentiated pay; amending s. 1012.34, F.S.; |
198 | conforming provisions relating to deletion of a rigorous |
199 | reading requirement; amending s. 1012.56, F.S.; |
200 | encouraging school districts to provide mechanisms for |
201 | teachers to obtain subject area coverage for middle |
202 | grades; creating s. 1012.986, F.S.; establishing the |
203 | William Cecil Golden Professional Development Program for |
204 | School Leaders; defining the term "school leader"; |
205 | providing for school leader designations; providing |
206 | program requirements and delivery systems; requiring |
207 | adoption of rules; repealing s. 1012.987, F.S., which |
208 | requires the State Board of Education to adopt rules |
209 | through which school principals may earn a leadership |
210 | designation; providing an effective date. |
211 |
|
212 | WHEREAS, students will have the best opportunity to obtain |
213 | a high-quality education in the public education system of this |
214 | state and that system can best be enhanced when resources are |
215 | allocated efficiently and are concentrated in a rigorous and |
216 | relevant classroom learning environment, when teachers and |
217 | principals are supported, when high-quality educational |
218 | opportunity is reinforced through shared high academic and |
219 | career expectations, when accurate data is consistently |
220 | maintained and used to drive systemwide decisionmaking, and when |
221 | successes are rewarded, failures are identified, and the public |
222 | is apprised of both successes and failures, NOW, THEREFORE, |
223 |
|
224 | Be It Enacted by the Legislature of the State of Florida: |
225 |
|
226 | Section 1. Subsection (8) is added to section 11.90, |
227 | Florida Statutes, to read: |
228 | 11.90 Legislative Budget Commission.-- |
229 | (8) Upon the 2007 reauthorization of the federal No Child |
230 | Left Behind Act of 2001, the commission may review the proposed |
231 | state plan of the State Board of Education and the Commissioner |
232 | of Education before that plan is submitted. |
233 | Section 2. Paragraph (f) is added to subsection (3) of |
234 | section 20.15, Florida Statutes, to read: |
235 | 20.15 Department of Education.--There is created a |
236 | Department of Education. |
237 | (3) DIVISIONS.--The following divisions of the Department |
238 | of Education are established: |
239 | (f) Division of Accountability, Research, and Measurement. |
240 | Section 3. Subsection (4) of section 1000.03, Florida |
241 | Statutes, is amended to read: |
242 | 1000.03 Function, mission, and goals of the Florida K-20 |
243 | education system.-- |
244 | (4) The mission of Florida's K-20 education system is to |
245 | allow its students to increase their proficiency by allowing |
246 | them the opportunity to expand their knowledge and skills |
247 | through high-quality, rigorous, relevant adequate learning |
248 | opportunities, in accordance with the mission statement and |
249 | accountability requirements of s. 1008.31. |
250 | Section 4. Section 1000.041, Florida Statutes, is |
251 | repealed. |
252 | Section 5. Paragraph (g) of subsection (2) of section |
253 | 1001.02, 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 |
257 | Government. Upon the 2007 reauthorization of the federal No |
258 | Child Left Behind Act of 2001, the Commissioner of Education |
259 | shall seek public input and secure legislative review of the |
260 | revised state plan prior to submission. |
261 | Section 6. Subsections (1), (3), and (14) of section |
262 | 1001.03, 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 |
265 | Board of Education shall approve the student performance |
266 | standards known as the Sunshine State Standards in key academic |
267 | subject areas and grade levels. The state board shall establish |
268 | a schedule to facilitate the periodic review of each subject |
269 | area to maintain rigor, relevance, integration, and |
270 | reinforcement for student achievement and articulation and |
271 | evaluate how the standards are taught at each grade level. The |
272 | review teams for each Sunshine State Standards subject area must |
273 | include representatives from each other Sunshine State Standards |
274 | subject area to support valid integration of content and to |
275 | address the learning styles and instructional needs of all |
276 | students. Each review team must address the following: |
277 | (a) Rigor, relevance, logical student progression, |
278 | articulation from grade to grade, and integration of reading, |
279 | writing, and mathematics. |
280 | (b) Timelines for revision of course descriptions, |
281 | adoption of instructional materials, modifications to the |
282 | statewide assessment, and enhancements to professional |
283 | development. |
284 | (c) Input from parents, classroom teachers, school and |
285 | district administrators, community college and university |
286 | faculty, and business representatives, in collaboration with |
287 | local education foundations. |
288 |
|
289 | The review schedule and an annual status report must be |
290 | submitted to the Governor, the President of the Senate, and the |
291 | Speaker of the House of Representatives annually not later than |
292 | January 1. |
293 | (3) PROFESSIONAL CERTIFICATES.--The State Board of |
294 | Education shall classify school services, designate the |
295 | certification subject areas, establish competencies, including |
296 | the use of technology to enhance student learning, and |
297 | certification requirements for all school-based personnel, and |
298 | prescribe rules in accordance with which the professional, |
299 | temporary, and part-time certificates shall be issued by the |
300 | Department of Education to applicants who meet the standards |
301 | prescribed by such rules for their class of service, as |
302 | described in chapter 1012. The state board shall adopt rules |
303 | that give part-time and full-time nondegreed teachers of career |
304 | programs, pursuant to s. 1012.39(1)(c), the opportunity to earn |
305 | a reading credential equivalent to a reading endorsement. |
306 | (14) UNIFORM CLASSIFICATION SYSTEM FOR SCHOOL DISTRICT |
307 | ADMINISTRATIVE AND MANAGEMENT PERSONNEL.--The State Board of |
308 | Education shall maintain recommend to the Legislature by |
309 | February 1, 2003, a uniform classification system for school |
310 | district administrative and management personnel that will |
311 | facilitate the uniform coding of administrative and management |
312 | personnel to total district employees. |
313 | Section 7. Section 1001.10, Florida Statutes, is amended |
314 | to read: |
315 | 1001.10 Commissioner of Education; general powers and |
316 | duties.--The Commissioner of Education is the chief educational |
317 | officer of the state and the sole custodian of the K-20 data |
318 | warehouse, and is responsible for giving full assistance to the |
319 | State Board of Education in enforcing compliance with the |
320 | mission and goals of the seamless K-20 education system. To |
321 | facilitate innovative practices and to allow local selection of |
322 | educational methods, the State Board of Education may authorize |
323 | the commissioner to waive, upon the request of a district school |
324 | board, State Board of Education rules that relate to district |
325 | school instruction and school operations, except those rules |
326 | pertaining to civil rights, and student health, safety, and |
327 | welfare. The Commissioner of Education is not authorized to |
328 | grant waivers for any provisions in rule pertaining to the |
329 | allocation and appropriation of state and local funds for public |
330 | education; the election, compensation, and organization of |
331 | school board members and superintendents; graduation and state |
332 | accountability standards; financial reporting requirements; |
333 | reporting of out-of-field teaching assignments under s. 1012.42; |
334 | public meetings; public records; or due process hearings |
335 | governed by chapter 120. No later than January 1 of each year, |
336 | the commissioner shall report to the Legislature and the State |
337 | Board of Education all approved waiver requests in the preceding |
338 | year. Additionally, the commissioner has the following general |
339 | powers and duties: |
340 | (1) To appoint staff necessary to carry out his or her |
341 | powers and duties. |
342 | (2) To advise and counsel with the State Board of |
343 | Education on all matters pertaining to education; to recommend |
344 | to the State Board of Education actions and policies as, in the |
345 | commissioner's opinion, should be acted upon or adopted; and to |
346 | execute or provide for the execution of all acts and policies as |
347 | are approved. |
348 | (3) To keep such records as are necessary to set forth |
349 | clearly all acts and proceedings of the State Board of |
350 | Education. |
351 | (4) To have a seal for his or her office with which, in |
352 | connection with his or her own signature, the commissioner shall |
353 | authenticate true copies of decisions, acts, or documents. |
354 | (5) To recommend to the State Board of Education policies |
355 | and steps designed to protect and preserve the principal of the |
356 | State School Fund; to provide an assured and stable income from |
357 | the fund; to execute such policies and actions as are approved; |
358 | and to administer the State School Fund. |
359 | (6) To take action on the release of mineral rights based |
360 | upon the recommendations of the Board of Trustees of the |
361 | Internal Improvement Trust Fund. |
362 | (7) To submit to the State Board of Education, on or |
363 | before August 1 of each year, recommendations for a coordinated |
364 | K-20 education budget that estimates the expenditures for the |
365 | State Board of Education, including the Department of Education, |
366 | the Commissioner of Education, and all of the boards, |
367 | institutions, agencies, and services under the general |
368 | supervision of the State Board of Education for the ensuing |
369 | fiscal year. Any program recommended to the State Board of |
370 | Education that will require increases in state funding for more |
371 | than 1 year must be presented in a multiyear budget plan. |
372 | (8) To develop and implement a plan for cooperating with |
373 | the Federal Government in carrying out any or all phases of the |
374 | educational program and to recommend policies for administering |
375 | funds that are appropriated by Congress and apportioned to the |
376 | state for any or all educational purposes. Upon the 2007 |
377 | reauthorization of the federal No Child Left Behind Act of 2001, |
378 | the commissioner shall seek public input and secure legislative |
379 | review of the revised state plan prior to submission. |
380 | (9) To develop and implement policies for cooperating with |
381 | other public agencies in carrying out those phases of the |
382 | program in which such cooperation is required by law or is |
383 | deemed by the commissioner to be desirable and to cooperate with |
384 | public and nonpublic agencies in planning and bringing about |
385 | improvements in the educational program. |
386 | (10) To prepare forms and procedures as are necessary to |
387 | be used by district school boards and all other educational |
388 | agencies to assure uniformity, accuracy, and efficiency in the |
389 | keeping of records, the execution of contracts, the preparation |
390 | of budgets, or the submission of reports; and to furnish at |
391 | state expense, when deemed advisable by the commissioner, those |
392 | forms that can more economically and efficiently be provided. |
393 | (11) To implement a program of school improvement and |
394 | education accountability designed to provide all students the |
395 | opportunity to make adequate learning gains in each year of |
396 | school as provided by statute and State Board of Education rule |
397 | based upon the achievement of the state education goals, |
398 | recognizing the following: |
399 | (a) The State Board of Education is the body corporate |
400 | responsible for the supervision of the system of public |
401 | education. |
402 | (b) The district school board is responsible for school |
403 | and student performance. |
404 | (c) The individual school is the unit for education |
405 | accountability. |
406 | (d) The community college board of trustees is responsible |
407 | for community college performance and student performance. |
408 | (e) The university board of trustees is responsible for |
409 | university performance and student performance. |
410 | (12) To establish a Citizen Information Center responsible |
411 | for the preparation, publication, and distribution of materials |
412 | relating to the state system of seamless K-20 public education. |
413 | (13) To prepare and publish annually reports giving |
414 | statistics and other useful information pertaining to the |
415 | Opportunity Scholarship Program. |
416 | (14) To have printed or electronic copies of school laws, |
417 | forms, instruments, instructions, and rules of the State Board |
418 | of Education and provide for their distribution. |
419 | (15) To develop criteria for use by state instructional |
420 | materials committees in evaluating materials submitted for |
421 | adoption consideration. The criteria shall, as appropriate, be |
422 | based on instructional expectations reflected in curriculum |
423 | frameworks and student performance standards. The criteria for |
424 | each subject or course shall be made available to publishers of |
425 | instructional materials pursuant to the requirements of chapter |
426 | 1006. |
427 | (16) To prescribe procedures for evaluating instructional |
428 | materials submitted by publishers and manufacturers in each |
429 | adoption. |
430 |
|
431 | The commissioner's office shall operate all statewide functions |
432 | necessary to support the State Board of Education and the K-20 |
433 | education system, including strategic planning and budget |
434 | development, general administration, and assessment and |
435 | accountability. |
436 | Section 8. Section 1001.215, Florida Statutes, is created |
437 | to read: |
438 | 1001.215 Just Read, Florida! Office.--There is created in |
439 | the Department of Education the Just Read, Florida! Office. The |
440 | office shall be fully accountable to the Commissioner of |
441 | Education and shall: |
442 | (1) Train highly effective reading coaches. |
443 | (2) Create multiple designations of effective reading |
444 | instruction, with accompanying endorsement credentials, which |
445 | encourage all teachers to integrate reading instruction into |
446 | their content areas. |
447 | (3) Train K-12 teachers, school principals, and parents on |
448 | research-based reading instructional strategies and secondary |
449 | teachers on effective instructional strategies for teaching |
450 | reading in the content areas with an emphasis on reading for |
451 | information. |
452 | (4) Provide technical assistance to school districts in |
453 | the development and implementation of district plans for use of |
454 | the research-based reading instruction allocation provided under |
455 | s. 1011.62(8) and annually review and approve such plans. |
456 | (5) Review, evaluate, and provide technical assistance to |
457 | school districts on their implementation of the K-12 |
458 | comprehensive reading plan required by s. 1011.62(8). |
459 | (6) Provide information on research-based reading programs |
460 | and effective instructional strategies for teaching reading in |
461 | the content areas and support for reading for information. |
462 | (7) Periodically review the Sunshine State Standards for |
463 | reading at all grade levels. |
464 | (8) Periodically review teacher certification examinations |
465 | to ascertain whether the examinations measure the skills needed |
466 | for research-based reading, instructional strategies for |
467 | teaching reading in the content areas, and support for reading |
468 | for information. |
469 | (9) Work with teacher preparation programs approved |
470 | pursuant to s. 1004.04 to integrate into teacher preparation |
471 | programs research-based reading instructional strategies and |
472 | instructional strategies for teaching reading in the content |
473 | areas. |
474 | (10) Administer grants and perform other functions as |
475 | necessary to meet the goal that all students read at grade |
476 | level. |
477 | Section 9. Section 1001.33, Florida Statutes, is amended |
478 | to read: |
479 | 1001.33 Schools under control of district school board and |
480 | district school superintendent.-- |
481 | (1) Except as otherwise provided by law, all public |
482 | schools conducted within the district shall be under the |
483 | direction and control of the district school board with the |
484 | district school superintendent as executive officer. |
485 | (2) Each district school board, each district school |
486 | superintendent, and each district and school-based administrator |
487 | shall cooperate to apply the following guiding principles of |
488 | Better Educated Students and Teachers (BEST) Florida Teaching: |
489 | (a) Teachers lead, students learn. |
490 | (b) Teachers maintain orderly, disciplined classrooms |
491 | conducive to student learning. |
492 | (c) Teachers are trained, recruited, well compensated, and |
493 | retained for quality. |
494 | (d) Teachers are well rewarded for their students' high |
495 | performance. |
496 | (e) Teachers are most effective when served by exemplary |
497 | school administrators. |
498 | Section 10. Subsection (3) of section 1001.41, Florida |
499 | Statutes, is amended to read: |
500 | 1001.41 General powers of district school board.--The |
501 | district school board, after considering recommendations |
502 | submitted by the district school superintendent, shall exercise |
503 | the following general powers: |
504 | (3) Prescribe and adopt standards and policies to provide |
505 | each student the opportunity to receive a complete education |
506 | program, including language arts, mathematics, science, social |
507 | studies, health, physical education, foreign languages, and the |
508 | arts, as defined by the Sunshine State Standards. The standards |
509 | and policies must emphasize integration and reinforcement of |
510 | reading, writing, and mathematics skills in a rigorous and |
511 | relevant context across all subjects, including career and |
512 | technical education as are considered desirable by it for |
513 | improving the district school system. |
514 | Section 11. Paragraph (f) of subsection (4), paragraph (c) |
515 | of subsection (5), subsection (16), paragraph (d) of subsection |
516 | (17), and subsection (18) of section 1001.42, Florida Statutes, |
517 | are amended to read: |
518 | 1001.42 Powers and duties of district school board.--The |
519 | district school board, acting as a board, shall exercise all |
520 | powers and perform all duties listed below: |
521 | (4) ESTABLISHMENT, ORGANIZATION, AND OPERATION OF |
522 | SCHOOLS.--Adopt and provide for the execution of plans for the |
523 | establishment, organization, and operation of the schools of the |
524 | district, including, but not limited to, the following: |
525 | (f) Opening and closing of schools; fixing uniform |
526 | date.--Adopt policies for the opening and closing of schools and |
527 | fix uniform dates provided that the opening date of the school |
528 | year for schools in the district shall be no earlier than 7 days |
529 | before Labor Day each year. |
530 | (5) PERSONNEL.-- |
531 | (c) Fully support and cooperate in the application of the |
532 | guiding principles of Better Educated Students and Teachers |
533 | (BEST) Florida Teaching, pursuant to s. 1000.041. |
534 | (16) IMPLEMENT SCHOOL IMPROVEMENT AND |
535 | ACCOUNTABILITY.--Maintain a system of school improvement and |
536 | education accountability as provided by statute and State Board |
537 | of Education rule. This system of school improvement and |
538 | education accountability shall be consistent with, and |
539 | implemented through, the district's continuing system of |
540 | planning and budgeting required by this section and ss. |
541 | 1008.385, 1010.01, and 1011.01. This system of school |
542 | improvement and education accountability shall include, but is |
543 | not limited to, the following: |
544 | (a) School improvement plans.--Annually approve and |
545 | require implementation of a new, amended, or continuation school |
546 | improvement plan for each school in the district, except that a |
547 | district school board may establish a district school |
548 | improvement plan that includes all schools in the district |
549 | operating for the purpose of providing educational services to |
550 | youth in Department of Juvenile Justice programs. The school |
551 | improvement Such plan shall be designed to achieve the state |
552 | education priorities pursuant to s. 1000.03(5) and student |
553 | proficiency on the Sunshine State Standards pursuant to s. |
554 | 1003.41 performance standards. In addition, any school required |
555 | to implement a rigorous reading requirement pursuant to s. |
556 | 1003.415 must include such component in its school improvement |
557 | plan. Each plan shall also address issues relative to budget, |
558 | training, instructional materials, technology, staffing, student |
559 | support services, specific school safety and discipline |
560 | strategies, student health and fitness, including physical |
561 | fitness, parental involvement information on student health and |
562 | fitness, and indoor environmental air quality, and other matters |
563 | of resource allocation, as determined by district school board |
564 | policy, and shall include be based on an accurate, data-based |
565 | analysis of student achievement and other school performance |
566 | data. For each school in the district that earns a school grade |
567 | of "C" or below, or is required to have a school improvement |
568 | plan under federal law, the school improvement plan shall, at a |
569 | minimum include: |
570 | 1. A needs assessment, based on disaggregated student |
571 | achievement data related to student performance on the FCAT, |
572 | which is used to identify each individual student subgroup's |
573 | strengths and weaknesses and to determine the effectiveness of |
574 | the teaching and learning strategies that are being used in the |
575 | classroom. |
576 | 2. Performance goals, based on the needs assessment, with |
577 | measurable objectives of improvement in the areas of language |
578 | arts, mathematics, and science for each student subgroup. |
579 | 3. A Sunshine State Standards instructional calendar and |
580 | timeline based on the needs assessment for each grade and in |
581 | each of the subject areas of language arts, mathematics, and |
582 | science to focus and integrate instruction, manage instructional |
583 | time, and allocate resources. |
584 | 4. The following strategies: |
585 | a. Mini-assessments of targeted Sunshine State Standards |
586 | benchmarks that provide ongoing progress monitoring of students |
587 | and generate data to redesign instruction. |
588 | b. Alternative in-school, tutorial, remediation, or |
589 | enrichment programs for students that are based on each |
590 | student's individual academic needs as defined by performance on |
591 | the mini-assessments. |
592 | c. A student performance monitoring plan and clearly |
593 | assigned school personnel monitoring responsibilities. |
594 | 5. Professional development that supports enhanced |
595 | instructional strategies, improves teaching and learning, and |
596 | addresses skill gaps. |
597 | 6. If the school is a high school, annual publication of |
598 | the school's graduation rate calculated without GEDs for the |
599 | past 3 years, disaggregated by student ethnicity. |
600 |
|
601 | For each school district with a school designated with a grade |
602 | of "D" or "F," the district school board shall cooperate with |
603 | the community assessment team assigned by the commissioner in |
604 | accordance with s. 1008.345(6)(d). |
605 | (b) Alignment with Sunshine State Standards.--Design the |
606 | school district's system of school improvement and student |
607 | progression to provide frequent and accurate information to the |
608 | teacher and student regarding each student's progress toward |
609 | mastering the Sunshine State Standards. The system must support |
610 | the alignment of the Sunshine State Standards, monitoring of |
611 | individual student progress, and enhanced instructional |
612 | strategies, assessment, and professional development. |
613 | (c)(b) Approval process.--Develop a process for approval |
614 | of a school improvement plan presented by an individual school |
615 | and its advisory council. In the event a district school board |
616 | does not approve a school improvement plan after exhausting this |
617 | process, the Department of Education shall be notified of the |
618 | need for assistance. |
619 | (d)(c) Assistance and intervention.-- |
620 | 1. Develop a 2-year plan of increasing individualized |
621 | assistance and intervention for each school in danger of not |
622 | meeting state standards or making adequate progress, as defined |
623 | pursuant to statute and State Board of Education rule, toward |
624 | meeting the goals and standards of its approved school |
625 | improvement plan. |
626 | 2. Provide assistance and intervention to a school that is |
627 | designated with a identified as being in performance grade of |
628 | category "D" pursuant to s. 1008.34 and is in danger of failing. |
629 | 3. Develop a plan to encourage teachers with demonstrated |
630 | mastery in improving student performance to remain at or |
631 | transfer to a school designated with a as performance grade of |
632 | category "D" or "F" or to an alternative school that serves |
633 | disruptive or violent youths. If a classroom teacher, as defined |
634 | by s. 1012.01(2)(a), who meets the definition of teaching |
635 | mastery developed according to the provisions of this paragraph, |
636 | requests assignment to a school designated with a as performance |
637 | grade of category "D" or "F" or to an alternative school that |
638 | serves disruptive or violent youths, the district school board |
639 | shall make every practical effort to grant the request. |
640 | 4. Prioritize, to the extent possible, the expenditures of |
641 | funds received from the supplemental academic instruction |
642 | categorical fund under s. 1011.62(1)(f) to improve student |
643 | performance in schools that receive a performance grade category |
644 | designation of "D" or "F." |
645 | (e)(d) After 2 years.--Notify the Commissioner of |
646 | Education and the State Board of Education in the event any |
647 | school does not make adequate progress toward meeting the goals |
648 | and standards of a school improvement plan by the end of 2 years |
649 | of failing to make adequate progress and proceed according to |
650 | guidelines developed pursuant to statute and State Board of |
651 | Education rule. School districts shall provide intervention and |
652 | assistance to schools in danger of being designated with a as |
653 | performance grade of category "F," failing to make adequate |
654 | progress. |
655 | (f)(e) Public disclosure.--Provide information regarding |
656 | performance of students and educational programs as required |
657 | pursuant to ss. 1008.22 and 1008.385 and implement a system of |
658 | school reports as required by statute and State Board of |
659 | Education rule that shall include schools operating for the |
660 | purpose of providing educational services to youth in Department |
661 | of Juvenile Justice programs, and for those schools, report on |
662 | the elements specified in s. 1003.52(19). Annual public |
663 | disclosure reports shall be in an understandable and easy-to- |
664 | read report card format, use multiple media such as electronic |
665 | mail, websites, public service announcements, or print or |
666 | electronic advertising, and shall include the school's student |
667 | and school performance grade, high school graduation rate |
668 | calculated without GEDs, disaggregated by student ethnicity, |
669 | category designation and other performance data as specified in |
670 | state board rule. |
671 | (g)(f) School improvement funds.--Provide funds to schools |
672 | for developing and implementing school improvement plans. Such |
673 | funds shall include those funds appropriated for the purpose of |
674 | school improvement pursuant to s. 24.121(5)(c). |
675 | (17) LOCAL-LEVEL DECISIONMAKING.-- |
676 | (d) Adopt policies that assist in giving greater autonomy, |
677 | including authority over the allocation of the school's budget, |
678 | to schools designated with a as performance grade of category |
679 | "A," making excellent progress, and schools rated as having |
680 | improved at least two grades performance grade categories. |
681 | (18) OPPORTUNITY SCHOLARSHIPS.--Adopt policies allowing |
682 | students attending schools that have been designated with a as |
683 | performance grade of category "F," failing to make adequate |
684 | progress, for 2 school years in a 4-year period to attend a |
685 | higher performing school in the district or an adjoining |
686 | district or be granted a state opportunity scholarship to a |
687 | private school, in conformance with s. 1002.38 and State Board |
688 | of Education rule. |
689 | Section 12. Subsection (24) of section 1001.51, Florida |
690 | Statutes, is repealed. |
691 | Section 13. Paragraphs (c) and (d) of subsection (1) and |
692 | subsection (2) of section 1001.54, Florida Statutes, are amended |
693 | to read: |
694 | 1001.54 Duties of school principals.-- |
695 | (1) |
696 | (c) The school principal shall encourage school personnel |
697 | to implement the guiding principles for Better Educated Students |
698 | and Teachers (BEST) Florida Teaching, pursuant to s. 1000.041. |
699 | (c)(d) The school principal shall fully support the |
700 | authority of each teacher and school bus driver to remove |
701 | disobedient, disrespectful, violent, abusive, uncontrollable, or |
702 | disruptive students from the classroom and the school bus and, |
703 | when appropriate and available, place such students in an |
704 | alternative educational setting. |
705 | (2) Each school principal shall provide instructional |
706 | leadership in the development, or revision, and implementation |
707 | of a school improvement plan, pursuant to s. 1001.42(16). |
708 | Section 14. Subsection (2) and paragraphs (a) and (b) of |
709 | subsection (3) of section 1002.38, Florida Statutes, are amended |
710 | to read: |
711 | 1002.38 Opportunity Scholarship Program.-- |
712 | (2) OPPORTUNITY SCHOLARSHIP ELIGIBILITY.--A public school |
713 | student's parent may request and receive from the state an |
714 | opportunity scholarship for the student to enroll in and attend |
715 | a private school in accordance with the provisions of this |
716 | section if: |
717 | (a)1. By assigned school attendance area or by special |
718 | assignment, the student has spent the prior school year in |
719 | attendance at a public school that has been designated pursuant |
720 | to s. 1008.34 with a as performance grade of category "F," |
721 | failing to make adequate progress, and that has had 2 school |
722 | years in a 4-year period of such low performance, and the |
723 | student's attendance occurred during a school year in which such |
724 | designation was in effect; |
725 | 2. The student has been in attendance elsewhere in the |
726 | public school system and has been assigned to such school for |
727 | the next school year; or |
728 | 3. The student is entering kindergarten or first grade and |
729 | has been notified that the student has been assigned to such |
730 | school for the next school year. |
731 | (b) The parent has obtained acceptance for admission of |
732 | the student to a private school eligible for the program |
733 | pursuant to subsection (4), and has notified the Department of |
734 | Education and the school district of the request for an |
735 | opportunity scholarship no later than July 1 of the first year |
736 | in which the student intends to use the scholarship. |
737 |
|
738 | The provisions of this section shall not apply to a student who |
739 | is enrolled in a school operating for the purpose of providing |
740 | educational services to youth in Department of Juvenile Justice |
741 | commitment programs. For purposes of continuity of educational |
742 | choice, the opportunity scholarship shall remain in force until |
743 | the student returns to a public school or, if the student |
744 | chooses to attend a private school the highest grade of which is |
745 | grade 8, until the student matriculates to high school and the |
746 | public high school to which the student is assigned is an |
747 | accredited school with a performance grade category designation |
748 | of "C" or better. However, at any time upon reasonable notice to |
749 | the Department of Education and the school district, the |
750 | student's parent may remove the student from the private school |
751 | and place the student in a public school, as provided in |
752 | subparagraph (3)(a)2. |
753 | (3) SCHOOL DISTRICT OBLIGATIONS.-- |
754 | (a) A school district shall, for each student enrolled in |
755 | or assigned to a school that has been designated with a as |
756 | performance grade of category "F" for 2 school years in a 4-year |
757 | period: |
758 | 1. Timely notify the parent of the student as soon as such |
759 | designation is made of all options available pursuant to this |
760 | section. |
761 | 2. Offer that student's parent an opportunity to enroll |
762 | the student in a the public school within the district that has |
763 | been designated by the state pursuant to s. 1008.34 as a school |
764 | performing higher than that in which the student is currently |
765 | enrolled or to which the student has been assigned, but not less |
766 | than performance grade category "C." The parent is not required |
767 | to accept this offer in lieu of requesting a state opportunity |
768 | scholarship to a private school. The opportunity to continue |
769 | attending the higher performing public school shall remain in |
770 | force until the student graduates from high school. |
771 | (b) The parent of a student enrolled in or assigned to a |
772 | school that has been designated with a performance grade of |
773 | category "F" for 2 school years in a 4-year period may choose as |
774 | an alternative to enroll the student in and transport the |
775 | student to a higher-performing public school that has available |
776 | space in an adjacent school district, and that school district |
777 | shall accept the student and report the student for purposes of |
778 | the district's funding pursuant to the Florida Education Finance |
779 | Program. |
780 | Section 15. Paragraph (b) of subsection (3) of section |
781 | 1003.01, 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 |
785 | instruction and such related services as are necessary for an |
786 | exceptional student to benefit from education. Such services may |
787 | include: transportation; diagnostic and evaluation services; |
788 | social services; physical and occupational therapy; speech and |
789 | language pathology services; job placement; orientation and |
790 | mobility training; braillists, typists, and readers for the |
791 | blind; interpreters and auditory amplification; rehabilitation |
792 | counseling; transition services; mental health services; |
793 | guidance and career counseling; specified materials, assistive |
794 | technology devices, and other specialized equipment; and other |
795 | such services as approved by rules of the state board. |
796 | Section 16. Subsection (3) of section 1003.05, Florida |
797 | Statutes, is amended to read: |
798 | 1003.05 Assistance to transitioning students from military |
799 | families.-- |
800 | (3) Dependent children of active duty military personnel |
801 | who otherwise meet the eligibility criteria for special academic |
802 | programs offered through public schools shall be given first |
803 | preference for admission to such programs even if the program is |
804 | being offered through a public school other than the school to |
805 | which the student would generally be assigned and the school at |
806 | which the program is being offered has reached its maximum |
807 | enrollment. If such a program is offered through a public school |
808 | other than the school to which the student would generally be |
809 | assigned, the parent or guardian of the student must assume |
810 | responsibility for transporting the student to that school. For |
811 | purposes of this subsection, special academic programs include |
812 | charter schools, magnet schools, advanced studies programs, |
813 | advanced placement, dual enrollment, Advanced International |
814 | Certificate of Education, and International Baccalaureate. |
815 | Section 17. Section 1003.413, Florida Statutes, is created |
816 | to read: |
817 | 1003.413 Secondary school reform.-- |
818 | (1) Secondary schools are schools that primarily serve |
819 | students in grades 6 through 12. It is the intent of the |
820 | Legislature to provide for secondary school reform so that |
821 | students promoted from the 8th grade have the necessary academic |
822 | skills for success in high school and students graduating from |
823 | high school have the necessary skills for success in the |
824 | workplace and postsecondary education. |
825 | (2) Guiding principles for secondary school reform are: |
826 | (a) Struggling students, especially those in failing |
827 | schools, need the highest quality teachers and dramatically |
828 | different, innovative approaches to teaching and learning. |
829 | (b) Every teacher must contribute to every student's |
830 | reading improvement. |
831 | (c) Quality professional development provides teachers and |
832 | principals with the tools they need to better serve students. |
833 | (d) Small learning communities allow teachers to |
834 | personalize instruction to better address student learning |
835 | styles, strengths, and weaknesses. |
836 | (e) Intensive intervention in reading and mathematics must |
837 | occur early and through innovative delivery systems. |
838 | (f) Parents need access to tools they can use to monitor |
839 | their child's progress in school, communicate with teachers, and |
840 | act early on behalf of their child. |
841 | (g) Applied and integrated courses help students see the |
842 | relationships between subjects and relevance to their futures. |
843 | (h) Majors and minors allow students to choose courses and |
844 | set goals based on their interests and talents. |
845 | (i) Master schedules should not determine instruction and |
846 | must be designed based on student needs, not adult or |
847 | institutional needs. |
848 | (j) Academic and career planning engages students in |
849 | developing a personally meaningful course of study so they can |
850 | achieve goals they have set for themselves. |
851 | (3) Based on these guiding principles, district school |
852 | boards shall establish policies to implement the requirements of |
853 | ss. 1003.4156, 1003.428, and 1003.493. The policies must |
854 | address: |
855 | (a) Procedures for placing and promoting students who |
856 | enter a Florida public school at grade 6 through grade 12 from |
857 | out of state or from a foreign country, including a review of |
858 | the student's prior academic performance. |
859 | (b) Alternative methods for students to demonstrate |
860 | competency in required courses and credits, with special support |
861 | for students who have been retained. |
862 | (c) Applied, integrated, and combined courses that provide |
863 | flexibility for students to enroll in courses that are creative |
864 | and meet individual learning styles and student needs. |
865 | (d) Credit recovery courses and intensive reading and |
866 | mathematics intervention courses based on student performance on |
867 | the FCAT. These courses should be competency based and offered |
868 | through innovative delivery systems, including computer-assisted |
869 | instruction. School districts should use learning gains as well |
870 | as other appropriate data and provide incentives to identify and |
871 | reward high-performing teachers who teach credit recovery and |
872 | intensive intervention courses. |
873 | (e) Grade forgiveness policies that replace a grade of "D" |
874 | or "F" with a grade of "C" or higher earned subsequently in the |
875 | same or a comparable course. |
876 | (f) Summer academies for students to receive intensive |
877 | reading and mathematics intervention courses or competency-based |
878 | credit recovery courses. A student's participation in an |
879 | instructional or remediation program prior to or immediately |
880 | following entering grade 9 for the first time shall not affect |
881 | that student's classification as a first-time 9th grader for |
882 | reporting purposes. |
883 | (g) Strategies to support teachers' pursuit of the reading |
884 | endorsement and emphasize reading instruction professional |
885 | development for content area teachers. |
886 | (h) Creative and flexible scheduling designed to meet |
887 | student needs. |
888 | (i) Procedures for high school students who have not |
889 | prepared an electronic personal education plan pursuant to s. |
890 | 1003.4156 to prepare such plan. |
891 | (j) Tools for parents to regularly monitor student |
892 | progress and communicate with teachers. |
893 | (k) Additional course requirements for promotion and |
894 | graduation which may be determined by each school district in |
895 | the student progression plan and may include additional |
896 | academic, fine and performing arts, physical education, or |
897 | career and technical education courses in order to provide a |
898 | complete education program pursuant to s. 1001.41(3). |
899 |
|
900 | Within 30 days after adoption, the district school board |
901 | policies shall be submitted to the State Board of Education for |
902 | approval. The district school board policies shall be deemed |
903 | approved unless specifically rejected by the State Board of |
904 | Education within 60 days after receipt. |
905 | (4) In order to support the successful implementation of |
906 | this section by district school boards, the Department of |
907 | Education shall by the 2006-2007 school year: |
908 | (a) Increase the number of approved applied, integrated, |
909 | and combined courses available to school districts. |
910 | (b) Make available a professional development package |
911 | designed to provide the information that content area teachers |
912 | need to become proficient in applying scientifically based |
913 | reading strategies through their content areas. |
914 | (c) Share best practices for providing a complete |
915 | education program to students enrolled in course recovery, |
916 | credit recovery, intensive reading intervention, or intensive |
917 | mathematics intervention. |
918 | (d) Expedite assistance and decisions and coordinate |
919 | policies throughout all divisions within the department to |
920 | provide school districts with support to implement this section. |
921 | (e) Use data to provide the Legislature with an annual |
922 | longitudinal analysis of the success of this reform effort, |
923 | including the progress of 6th grade students and 9th grade |
924 | students scoring at Level 1 on FCAT Reading or FCAT Mathematics. |
925 | (5) The Commissioner of Education shall create and |
926 | implement the Secondary School Improvement Award Program to |
927 | reward public secondary schools that demonstrate continuous |
928 | student academic improvement and show the greatest gains in |
929 | student academic achievement in reading and mathematics. |
930 | Section 18. Section 1003.415, Florida Statutes, is |
931 | repealed. |
932 | Section 19. Section 1003.4156, Florida Statutes, is |
933 | created to read: |
934 | 1003.4156 General requirements for middle grades |
935 | promotion.-- |
936 | (1) Beginning with students entering grade 6 in the 2006- |
937 | 2007 school year, promotion from a school composed of middle |
938 | grades 6, 7, and 8 requires that: |
939 | (a) The student must successfully complete academic |
940 | courses as follows: |
941 | 1. Three middle school or higher year-long courses in |
942 | English. These courses shall emphasize literature, composition, |
943 | and reading for information. |
944 | 2. Three middle school or higher year-long courses in |
945 | mathematics. Each middle school must offer at least one high- |
946 | school-level mathematics course for which students may earn high |
947 | school credit. |
948 | 3. Three middle school or higher year-long courses in |
949 | social studies, including American history and world history. |
950 | 4. Three middle school or higher year-long courses in |
951 | science. |
952 | 5. One half-year course in career exploration and |
953 | education planning to be completed in grade 7 or grade 8. The |
954 | course may be taught by any member of the instructional staff; |
955 | must include a web-based career exploration program; must |
956 | include educational planning using the online student advising |
957 | system Florida Academic Counseling and Tracking for Students at |
958 | the Internet website FACTS.org; must provide information to each |
959 | student about high school programs and courses that are |
960 | available, including acceleration mechanisms, career and |
961 | technical programs, and career and professional academies |
962 | pursuant to s. 1003.493; and shall result in the completion of |
963 | an electronic personal education plan. Each student's plan must |
964 | be signed by the student, the student's guidance counselor, and |
965 | the student's parent. By January 1, 2007, the Department of |
966 | Education shall develop a course framework and professional |
967 | development materials for the career exploration and education |
968 | planning course. |
969 | (b) For each year in which a student scores at Level l on |
970 | FCAT Reading, the student must be enrolled in and complete an |
971 | intensive reading course the following year. Placement of Level |
972 | 2 readers in either an intensive reading course or a content |
973 | area course in which reading strategies are delivered shall be |
974 | determined by diagnosis of reading needs. The department shall |
975 | provide guidance on appropriate strategies for diagnosing and |
976 | meeting the varying instructional needs of students reading |
977 | below grade level. Reading courses shall be designed and offered |
978 | pursuant to the comprehensive reading plan required by s. |
979 | 1011.62(8). |
980 | (c) For each year in which a student scores at Level 1 on |
981 | FCAT Mathematics, the student must complete an intensive |
982 | mathematics course the following year, which may be integrated |
983 | into the student's required mathematics course. These courses |
984 | are subject to approval by the department for inclusion in the |
985 | Course Code Directory. |
986 | (2) Students in grade 6, grade 7, or grade 8 who are not |
987 | enrolled in schools with a middle grades configuration are |
988 | subject to the promotion requirements of this section. |
989 | (3) The State Board of Education may adopt rules pursuant |
990 | to ss. 120.536(1) and 120.54 to implement the provisions of this |
991 | section and may enforce the provisions of this section pursuant |
992 | to s. 1008.32. |
993 | Section 20. Subsection (1) of section 1003.42, Florida |
994 | Statutes, is amended to read: |
995 | 1003.42 Required instruction.-- |
996 | (1) Each district school board shall provide all courses |
997 | required for middle grades promotion, high school graduation, |
998 | and appropriate instruction designed to ensure that all students |
999 | have the opportunity to meet State Board of Education adopted |
1000 | standards in the following subject areas: reading and other |
1001 | language arts, mathematics, science, social studies, foreign |
1002 | languages, health and physical education, and the arts. |
1003 | Section 21. Section 1003.428, Florida Statutes, is created |
1004 | to read: |
1005 | 1003.428 General requirements for high school graduation; |
1006 | revised.-- |
1007 | (1) Except as otherwise authorized pursuant to s. |
1008 | 1003.429, beginning with students entering their first year of |
1009 | high school in the 2007-2008 school year, graduation requires |
1010 | the successful completion of a minimum of 24 credits, an |
1011 | International Baccalaureate curriculum, or an Advanced |
1012 | International Certificate of Education curriculum. Students must |
1013 | be advised of eligibility requirements for state scholarship |
1014 | programs and postsecondary admissions. |
1015 | (2) The 24 credits may be earned through applied, |
1016 | integrated, and combined courses approved by the Department of |
1017 | Education and shall be distributed as follows: |
1018 | (a) Fourteen core curriculum credits: |
1019 | 1. Four credits in English, with major concentration in |
1020 | composition, reading for information, and literature. |
1021 | 2. Four credits in mathematics, one of which must be |
1022 | Algebra I, a series of courses equivalent to Algebra I, or a |
1023 | higher-level mathematics course. School districts are encouraged |
1024 | to set specific goals to increase enrollments in, and successful |
1025 | completion of, geometry and Algebra II. |
1026 | 3. Three credits in science, two of which must have a |
1027 | laboratory component. |
1028 | 4. Three credits in social studies as follows: one credit |
1029 | in American history; one credit in world history; one-half |
1030 | credit 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 |
1033 | sequential courses in a career and technical program, fine and |
1034 | performing arts, or academic content area, selected by the |
1035 | student as part of the education plan required by s. 1003.4156. |
1036 | Annually by October 1, the district school board shall approve |
1037 | major areas of study and submit the list of majors to the |
1038 | Commissioner of Education for approval. Each major shall be |
1039 | deemed approved unless specifically rejected by the commissioner |
1040 | within 60 days. Upon approval, each district's majors shall be |
1041 | available for use by all school districts and shall be posted on |
1042 | the department's website. |
1043 | 2. Six credits in elective courses selected by the student |
1044 | as part of the education plan required by s. 1003.4156. These |
1045 | credits may be combined to allow for a second major area of |
1046 | study pursuant to subparagraph 1., a minor area of study, |
1047 | elective courses, intensive reading or mathematics intervention |
1048 | courses, or credit recovery courses as described in this |
1049 | subparagraph. |
1050 | a. Minor areas of study are composed of three credits |
1051 | selected by the student as part of the education plan required |
1052 | by s. 1003.4156 and approved by the district school board. |
1053 | b. Elective courses are selected by the student in order |
1054 | to pursue a complete education program as described in s. |
1055 | 1001.41(3) and to meet eligibility requirements for |
1056 | scholarships. |
1057 | c. For each year in which a student scores at Level l on |
1058 | FCAT Reading, the student must be enrolled in and complete an |
1059 | intensive reading course the following year. Placement of Level |
1060 | 2 readers in either an intensive reading course or a content |
1061 | area course in which reading strategies are delivered shall be |
1062 | determined by diagnosis of reading needs. The department shall |
1063 | provide guidance on appropriate strategies for diagnosing and |
1064 | meeting the varying instructional needs of students reading |
1065 | below grade level. Reading courses shall be designed and offered |
1066 | pursuant to the comprehensive reading plan required by s. |
1067 | 1011.62(8). |
1068 | d. For each year in which a student scores at Level 1 on |
1069 | FCAT Mathematics, the student must complete an intensive |
1070 | mathematics course the following year. These courses may be |
1071 | taught through applied, integrated, or combined courses and are |
1072 | subject to approval by the department for inclusion in the |
1073 | Course Code Directory. |
1074 | e. Credit recovery courses shall be offered so that |
1075 | students can simultaneously earn an elective credit and the |
1076 | recovered credit. |
1077 | (3)(a) A district school board may require specific |
1078 | courses and programs of study within the minimum credit |
1079 | requirements for high school graduation and shall modify basic |
1080 | courses, as necessary, to assure exceptional students the |
1081 | opportunity to meet the graduation requirements for a standard |
1082 | diploma, using one of the following strategies: |
1083 | 1. Assignment of the exceptional student to an exceptional |
1084 | education class for instruction in a basic course with the same |
1085 | student performance standards as those required of |
1086 | nonexceptional students in the district school board student |
1087 | progression plan; or |
1088 | 2. Assignment of the exceptional student to a basic |
1089 | education class for instruction that is modified to accommodate |
1090 | the student's exceptionality. |
1091 | (b) The district school board shall determine which of |
1092 | these strategies to employ based upon an assessment of the |
1093 | student's needs and shall reflect this decision in the student's |
1094 | individual education plan. |
1095 | (4) Each district school board shall establish standards |
1096 | for graduation from its schools, which must include: |
1097 | (a) Earning passing scores on the FCAT, as defined in s. |
1098 | 1008.22(3)(c), or scores on a standardized test that are |
1099 | concordant with passing scores on the FCAT as defined in s. |
1100 | 1008.22(9). |
1101 | (b) Completion of all other applicable requirements |
1102 | prescribed by the district school board pursuant to s. 1008.25. |
1103 | (c) Achievement of a cumulative grade point average of 2.0 |
1104 | on a 4.0 scale, or its equivalent, in the courses required by |
1105 | this section. |
1106 | (5) The State Board of Education, after a public hearing |
1107 | and consideration, shall adopt rules based upon the |
1108 | recommendations of the commissioner for the provision of test |
1109 | accommodations and modifications of procedures as necessary for |
1110 | students with disabilities which will demonstrate the student's |
1111 | abilities rather than reflect the student's impaired sensory, |
1112 | manual, speaking, or psychological process skills. |
1113 | (6) The public hearing and consideration required in |
1114 | subsection (5) shall not be construed to amend or nullify the |
1115 | requirements of security relating to the contents of |
1116 | examinations or assessment instruments and related materials or |
1117 | data as prescribed in s. 1008.23. |
1118 | (7)(a) A student who meets all requirements prescribed in |
1119 | subsections (1), (2), (3), and(4) shall be awarded a standard |
1120 | diploma in a form prescribed by the State Board of Education. |
1121 | (b) A student who completes the minimum number of credits |
1122 | and 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 |
1125 | a certificate of completion in a form prescribed by the State |
1126 | Board of Education. However, any student who is otherwise |
1127 | entitled to a certificate of completion may elect to remain in |
1128 | the secondary school either as a full-time student or a part- |
1129 | time student for up to 1 additional year and receive special |
1130 | instruction designed to remedy his or her identified |
1131 | deficiencies. |
1132 | (8)(a) Each district school board must provide instruction |
1133 | to prepare students with disabilities to demonstrate proficiency |
1134 | in the skills and competencies necessary for successful grade- |
1135 | to-grade progression and high school graduation. |
1136 | (b) A student with a disability, as defined in s. |
1137 | 1007.02(2), for whom the individual education plan (IEP) |
1138 | committee determines that the FCAT cannot accurately measure the |
1139 | student's abilities taking into consideration all allowable |
1140 | accommodations, shall have the FCAT requirement of paragraph |
1141 | (4)(a) waived for the purpose of receiving a standard high |
1142 | school diploma, if the student: |
1143 | 1. Completes the minimum number of credits and other |
1144 | requirements prescribed by subsections (1), (2), and (3). |
1145 | 2. Does not meet the requirements of paragraph (4)(a) |
1146 | after one opportunity in 10th grade and one opportunity in 11th |
1147 | grade. |
1148 | (9) The Commissioner of Education may award a standard |
1149 | high school diploma to honorably discharged veterans who started |
1150 | high school between 1937 and 1946 and were scheduled to graduate |
1151 | between 1941 and 1950 but were inducted into the United States |
1152 | Armed Forces between September 16, 1940, and December 31, 1946, |
1153 | prior to completing the necessary high school graduation |
1154 | requirements. Upon the recommendation of the commissioner, the |
1155 | State Board of Education may develop criteria and guidelines for |
1156 | awarding such diplomas. |
1157 | (10) The Commissioner of Education may award a standard |
1158 | high school diploma to honorably discharged veterans who started |
1159 | high school between 1946 and 1950 and were scheduled to graduate |
1160 | between 1950 and 1954, but were inducted into the United States |
1161 | Armed Forces between June 27, 1950, and January 31, 1955, and |
1162 | served during the Korean Conflict prior to completing the |
1163 | necessary high school graduation requirements. Upon the |
1164 | recommendation of the commissioner, the State Board of Education |
1165 | may develop criteria and guidelines for awarding such diplomas. |
1166 | (11) The State Board of Education may adopt rules pursuant |
1167 | to ss. 120.536(1) and 120.54 to implement the provisions of this |
1168 | section and may enforce the provisions of this section pursuant |
1169 | to s. 1008.32. |
1170 | Section 22. Section 1003.437, Florida Statutes, is amended |
1171 | to read: |
1172 | 1003.437 Middle and high school grading system.--The |
1173 | grading system and interpretation of letter grades used for |
1174 | students in public high schools in grades 6 through 12 shall be |
1175 | as follows: |
1176 | (1) Grade "A" equals 90 percent through 100 percent, has a |
1177 | grade point average value of 4, and is defined as "outstanding |
1178 | progress." |
1179 | (2) Grade "B" equals 80 percent through 89 percent, has a |
1180 | grade point average value of 3, and is defined as "above average |
1181 | progress." |
1182 | (3) Grade "C" equals 70 percent through 79 percent, has a |
1183 | grade point average value of 2, and is defined as "average |
1184 | progress." |
1185 | (4) Grade "D" equals 60 percent through 69 percent, has a |
1186 | grade point average value of 1, and is defined as "lowest |
1187 | acceptable progress." |
1188 | (5) Grade "F" equals zero percent through 59 percent, has |
1189 | a grade point average value of zero, and is defined as |
1190 | "failure." |
1191 | (6) Grade "I" equals zero percent, has a grade point |
1192 | average value of zero, and is defined as "incomplete." |
1193 |
|
1194 | For the purposes of class ranking for students in grades 9 |
1195 | through 12, district school boards may exercise a weighted |
1196 | grading system. |
1197 | Section 23. Subsections (3) and (4) of section 1003.492, |
1198 | Florida Statutes, are repealed. |
1199 | Section 24. Section 1003.493, Florida Statutes, is created |
1200 | to read: |
1201 | 1003.493 Career and professional academies.-- |
1202 | (1) A career and professional academy is a research-based |
1203 | program that integrates a rigorous academic curriculum with an |
1204 | industry-driven career curriculum. Career and professional |
1205 | academies may be offered by public schools, school districts, or |
1206 | the Florida Virtual School. Students completing career and |
1207 | professional academy programs receive a standard high school |
1208 | diploma, the highest available industry certification, and |
1209 | postsecondary credit if the academy partners with a |
1210 | postsecondary institution. |
1211 | (2) The goals of career and professional academies are to: |
1212 | (a) Increase student academic achievement and graduation |
1213 | rates through integrated academic and career curricula. |
1214 | (b) Focus on career preparation through rigorous academics |
1215 | and industry certification. |
1216 | (c) Raise student aspiration and commitment to academic |
1217 | achievement and work ethics. |
1218 | (d) Support the revised graduation requirements pursuant |
1219 | to s. 1003.428 by providing creative, applied majors. |
1220 | (e) Promote acceleration mechanisms, such as dual |
1221 | enrollment, articulated credit, or occupational completion |
1222 | points, so that students may earn postsecondary credit while in |
1223 | high school. |
1224 | (f) Support the state's economy by meeting industry needs |
1225 | for skilled employees in high-demand occupations. |
1226 | (3) A career and professional academy may be offered as |
1227 | one of the following small learning communities: |
1228 | (a) A school-within-a-school career academy, as part of an |
1229 | existing high school, that provides courses in one occupational |
1230 | cluster. Students in the high school are not required to be |
1231 | students in the academy. |
1232 | (b) A total school configuration providing multiple |
1233 | academies each structured around an occupational cluster. Every |
1234 | student in the school is in an academy. |
1235 | (4) Each career and professional academy must: |
1236 | (a) Provide a rigorous standards-based academic curriculum |
1237 | integrated with a career curriculum. The curriculum must take |
1238 | into consideration multiple styles of student learning; promote |
1239 | learning by doing through application and adaptation; maximize |
1240 | relevance of the subject matter; enhance each student's capacity |
1241 | to excel; and include an emphasis on work habits and work |
1242 | ethics. |
1243 | (b) Include one or more partnerships with postsecondary |
1244 | institutions, businesses, industry, employers, economic |
1245 | development organizations, or other appropriate partners from |
1246 | the local community. Such partnerships must provide |
1247 | opportunities 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. |
1252 | Where no national or state certification exists, school |
1253 | districts may establish a local certification in conjunction |
1254 | with the local workforce development board, the chamber of |
1255 | commerce, or the Agency for Workforce Innovation. |
1256 | 5. Maximum articulation of credits pursuant to s. 1007.23 |
1257 | upon program completion. |
1258 | (c) Provide creative and tailored student advisement, |
1259 | including parent participation and coordination with middle |
1260 | schools to provide career exploration and education planning as |
1261 | required under s. 1003.4156. Coordination with middle schools |
1262 | must provide information to middle school students about |
1263 | secondary and postsecondary career education programs and |
1264 | academies. |
1265 | (d) Provide a career education certification on the high |
1266 | school diploma pursuant to s. 1003.431. |
1267 | (e) Provide instruction in careers designated as high |
1268 | growth, high demand, and high pay by the local workforce |
1269 | development board, the chamber of commerce, or the Agency for |
1270 | Workforce Innovation. |
1271 | (f) Deliver academic content through instruction relevant |
1272 | to the career, including intensive reading and mathematics |
1273 | intervention required by s. 1003.428, with an emphasis on |
1274 | strengthening reading for information skills. |
1275 | (g) Provide instruction resulting in competency, |
1276 | certification, or credentials in workplace skills, including, |
1277 | but not limited to, communication skills, interpersonal skills, |
1278 | decisionmaking skills, the importance of attendance and |
1279 | timeliness in the work environment, and work ethics. |
1280 | (h) Provide opportunities for students to obtain the |
1281 | Florida Ready to Work Certification pursuant to s. 1004.99. |
1282 | (i) Include an evaluation plan developed jointly with the |
1283 | Department of Education. The evaluation plan must include a |
1284 | self-assessment tool based on standards, such as the Career |
1285 | Academy National Standards of Practice, and outcome measures |
1286 | including, but not limited to, graduation rates, enrollment in |
1287 | postsecondary education, business and industry satisfaction, |
1288 | employment and earnings, achievement of industry certification, |
1289 | awards of postsecondary credit, and FCAT achievement levels and |
1290 | learning gains. |
1291 | Section 25. Section 1003.57, Florida Statutes, is amended |
1292 | to read: |
1293 | 1003.57 Exceptional students instruction.-- |
1294 | (1) Each district school board shall provide for an |
1295 | appropriate program of special instruction, facilities, and |
1296 | services for exceptional students as prescribed by the State |
1297 | Board of Education as acceptable, including provisions that: |
1298 | (a)(1) The district school board provide the necessary |
1299 | professional services for diagnosis and evaluation of |
1300 | exceptional students. |
1301 | (b)(2) The district school board provide the special |
1302 | instruction, classes, and services, either within the district |
1303 | school system, in cooperation with other district school |
1304 | systems, or through contractual arrangements with approved |
1305 | private schools or community facilities that meet standards |
1306 | established by the commissioner. |
1307 | (c)(3) The district school board annually provide |
1308 | information describing the Florida School for the Deaf and the |
1309 | Blind and all other programs and methods of instruction |
1310 | available to the parent of a sensory-impaired student. |
1311 | (d)(4) The district school board, once every 3 years, |
1312 | submit to the department its proposed procedures for the |
1313 | provision of special instruction and services for exceptional |
1314 | students. |
1315 | (e)(5) A No student may not be given special instruction |
1316 | or services as an exceptional student until after he or she has |
1317 | been properly evaluated, classified, and placed in the manner |
1318 | prescribed by rules of the State Board of Education. The parent |
1319 | of an exceptional student evaluated and placed or denied |
1320 | placement in a program of special education shall be notified of |
1321 | each such evaluation and placement or denial. Such notice shall |
1322 | contain a statement informing the parent that he or she is |
1323 | entitled to a due process hearing on the identification, |
1324 | evaluation, and placement, or lack thereof. Such hearings shall |
1325 | be exempt from the provisions of ss. 120.569, 120.57, and |
1326 | 286.011, except to the extent that the State Board of Education |
1327 | adopts rules establishing other procedures and any records |
1328 | created as a result of such hearings shall be confidential and |
1329 | exempt from the provisions of s. 119.07(1). The hearing must be |
1330 | conducted by an administrative law judge from the Division of |
1331 | Administrative Hearings of the Department of Management |
1332 | Services. The decision of the administrative law judge shall be |
1333 | final, except that any party aggrieved by the finding and |
1334 | decision rendered by the administrative law judge shall have the |
1335 | right to bring a civil action in the circuit court. In such an |
1336 | action, the court shall receive the records of the |
1337 | administrative hearing and shall hear additional evidence at the |
1338 | request of either party. In the alternative, any party aggrieved |
1339 | by the finding and decision rendered by the administrative law |
1340 | judge shall have the right to request an impartial review of the |
1341 | administrative law judge's order by the district court of appeal |
1342 | as provided by s. 120.68. Notwithstanding any law to the |
1343 | contrary, during the pendency of any proceeding conducted |
1344 | pursuant to this section, unless the district school board and |
1345 | the parents otherwise agree, the student shall remain in his or |
1346 | her then-current educational assignment or, if applying for |
1347 | initial admission to a public school, shall be assigned, with |
1348 | the consent of the parents, in the public school program until |
1349 | all such proceedings have been completed. |
1350 | (f)(6) In providing for the education of exceptional |
1351 | students, the district school superintendent, principals, and |
1352 | teachers shall utilize the regular school facilities and adapt |
1353 | them to the needs of exceptional students to the maximum extent |
1354 | appropriate. Segregation of exceptional students shall occur |
1355 | only if the nature or severity of the exceptionality is such |
1356 | that education in regular classes with the use of supplementary |
1357 | aids and services cannot be achieved satisfactorily. |
1358 | (g)(7) In addition to the services agreed to in a |
1359 | student's individual education plan, the district school |
1360 | superintendent shall fully inform the parent of a student having |
1361 | a physical or developmental disability of all available services |
1362 | that are appropriate for the student's disability. The |
1363 | superintendent shall provide the student's parent with a summary |
1364 | of the student's rights. |
1365 | (2)(a) An exceptional student with a disability who |
1366 | resides in a residential facility and receives special |
1367 | instruction or services is considered a resident of the state in |
1368 | which the student's parent is a resident. The cost of such |
1369 | instruction, facilities, and services for a nonresident student |
1370 | with a disability shall be provided by the placing authority in |
1371 | the student's state of residence, such as a public school |
1372 | entity, other placing authority, or parent. A nonresident |
1373 | student with a disability may not be reported by any school |
1374 | district for FTE funding in the Florida Education Finance |
1375 | Program. |
1376 | (b) The Department of Education shall provide to each |
1377 | school district a statement of the specific limitations of the |
1378 | district's financial obligation for exceptional students with |
1379 | disabilities under federal and state law. The department shall |
1380 | also provide to each school district technical assistance as |
1381 | necessary for developing a local plan to impose on a student's |
1382 | home state the fiscal responsibility for educating a nonresident |
1383 | exceptional student with a disability. |
1384 | (c) The Department of Education shall develop a process by |
1385 | which a school district must, before providing services to an |
1386 | exceptional student with a disability who resides in a |
1387 | residential facility in this state, review the residency of the |
1388 | student. The residential facility, not the district, is |
1389 | responsible for billing and collecting from a nonresidential |
1390 | student's home state payment for the student's educational and |
1391 | related services. |
1392 | (d) This subsection applies to any nonresident student |
1393 | with a disability who resides in a residential facility and who |
1394 | receives instruction as an exceptional student with a disability |
1395 | in any type of residential facility in this state, including, |
1396 | but not limited to, a public school, a private school, a group |
1397 | home facility as defined in s. 393.063, an intensive residential |
1398 | treatment program for children and adolescents as defined in s. |
1399 | 395.002, a facility as defined in s. 394.455, an intermediate |
1400 | care facility for the developmentally disabled or ICF/DD as |
1401 | defined in s. 393.063 or s. 400.960, or a community residential |
1402 | home as defined in s. 419.001. |
1403 | Section 26. Section 1003.576, Florida Statutes, is created |
1404 | to read: |
1405 | 1003.576 Individual education plans for exceptional |
1406 | students.--The Department of Education shall develop an |
1407 | individual education plan (IEP) form for use in developing and |
1408 | implementing individual education plans for exceptional |
1409 | students. The IEP form must be available electronically, include |
1410 | notice of testing accommodations pursuant to s. 1008.22(3), and |
1411 | have a streamlined format. To provide for the use of an existing |
1412 | IEP form when a student transfers from one school district to |
1413 | another, the IEP form developed by the department must be used |
1414 | in each school district in the state. |
1415 | Section 27. Subsection (3) of section 1003.58, Florida |
1416 | Statutes, is amended to read: |
1417 | 1003.58 Students in residential care facilities.--Each |
1418 | district school board shall provide educational programs |
1419 | according to rules of the State Board of Education to students |
1420 | who reside in residential care facilities operated by the |
1421 | Department of Children and Family Services. |
1422 | (3) The district school board shall have full and complete |
1423 | authority in the matter of the assignment and placement of such |
1424 | students in educational programs. The parent of an exceptional |
1425 | student shall have the same due process rights as are provided |
1426 | under s. 1003.57(1)(e)(5). |
1427 |
|
1428 | Notwithstanding the provisions herein, the educational program |
1429 | at the Marianna Sunland Center in Jackson County shall be |
1430 | operated by the Department of Education, either directly or |
1431 | through grants or contractual agreements with other public or |
1432 | duly accredited educational agencies approved by the Department |
1433 | of Education. |
1434 | Section 28. Paragraph (a) of subsection (1) and paragraph |
1435 | (a) of subsection (2) of section 1003.62, Florida Statutes, are |
1436 | amended to read: |
1437 | 1003.62 Academic performance-based charter school |
1438 | districts.--The State Board of Education may enter into a |
1439 | performance contract with district school boards as authorized |
1440 | in this section for the purpose of establishing them as academic |
1441 | performance-based charter school districts. The purpose of this |
1442 | section is to examine a new relationship between the State Board |
1443 | of Education and district school boards that will produce |
1444 | significant improvements in student achievement, while complying |
1445 | with constitutional and statutory requirements assigned to each |
1446 | entity. |
1447 | (1) ACADEMIC PERFORMANCE-BASED CHARTER SCHOOL DISTRICT.-- |
1448 | (a) A school district shall be eligible for designation as |
1449 | an academic performance-based charter school district if it is a |
1450 | high-performing school district in which a minimum of 50 percent |
1451 | of the schools earn a performance grade of category "A" or "B" |
1452 | and in which no school earns a performance grade of category "D" |
1453 | or "F" for 2 consecutive years pursuant to s. 1008.34. Schools |
1454 | that receive a performance grade of category "I" or "N" shall |
1455 | not be included in this calculation. The performance contract |
1456 | for a school district that earns a charter based on school |
1457 | performance grades shall be predicated on maintenance of at |
1458 | least 50 percent of the schools in the school district earning a |
1459 | performance grade of category "A" or "B" with no school in the |
1460 | school district earning a performance grade of category "D" or |
1461 | "F" for 2 consecutive years. A school district in which the |
1462 | number of schools that earn a performance grade of "A" or "B" is |
1463 | less than 50 percent may have its charter renewed for 1 year; |
1464 | however, if the percentage of "A" or "B" schools is less than 50 |
1465 | percent for 2 consecutive years, the charter shall not be |
1466 | renewed. |
1467 | (2) EXEMPTION FROM STATUTES AND RULES.-- |
1468 | (a) An academic performance-based charter school district |
1469 | shall operate in accordance with its charter and shall be exempt |
1470 | from certain State Board of Education rules and statutes if the |
1471 | State Board of Education determines such an exemption will |
1472 | assist the district in maintaining or improving its high- |
1473 | performing status pursuant to paragraph (1)(a). However, the |
1474 | State Board of Education may not exempt an academic performance- |
1475 | based charter school district from any of the following |
1476 | statutes: |
1477 | 1. Those statutes pertaining to the provision of services |
1478 | to students with disabilities. |
1479 | 2. Those statutes pertaining to civil rights, including s. |
1480 | 1000.05, relating to discrimination. |
1481 | 3. Those statutes pertaining to student health, safety, |
1482 | and welfare. |
1483 | 4. Those statutes governing the election or compensation |
1484 | of district school board members. |
1485 | 5. Those statutes pertaining to the student assessment |
1486 | program and the school grading system, including chapter 1008. |
1487 | 6. Those statutes pertaining to financial matters, |
1488 | including chapter 1010. |
1489 | 7. Those statutes pertaining to planning and budgeting, |
1490 | including chapter 1011, except that ss. 1011.64 and 1011.69 |
1491 | shall be eligible for exemption. |
1492 | 8. Sections 1012.22(1)(c) and 1012.27(2), relating to |
1493 | performance-pay policies and differentiated pay for school |
1494 | administrators and instructional personnel. Professional service |
1495 | contracts shall be subject to the provisions of ss. 1012.33 and |
1496 | 1012.34. |
1497 | 9. Those statutes pertaining to educational facilities, |
1498 | including chapter 1013, except as specified under contract with |
1499 | the State Board of Education. However, no contractual provision |
1500 | that could have the effect of requiring the appropriation of |
1501 | additional capital outlay funds to the academic performance- |
1502 | based charter school district shall be valid. |
1503 | Section 29. Section 1004.99, Florida Statutes, is created |
1504 | to read: |
1505 | 1004.99 Florida Ready to Work Certification Program.-- |
1506 | (1) There is created the Florida Ready to Work |
1507 | Certification Program to enhance the workplace skills of |
1508 | Florida's students to better prepare them for successful entry- |
1509 | level employment in specific occupations. |
1510 | (2) The Florida Ready to Work Certification Program may be |
1511 | conducted in public high schools, community colleges, technical |
1512 | centers, one-stop career centers, vocational rehabilitation |
1513 | centers, and Department of Juvenile Justice educational |
1514 | facilities. The Department of Education shall establish |
1515 | institutional readiness criteria for program implementation. |
1516 | (3) The Florida Ready to Work Certification Program shall |
1517 | be composed of: |
1518 | (a) A comprehensive identification of workplace skills for |
1519 | each occupation identified for inclusion in the program by the |
1520 | Agency for Workforce Innovation. |
1521 | (b) A preinstructional assessment that delineates the |
1522 | student's mastery level on the specific workplace skills |
1523 | identified for that occupation. |
1524 | (c) A targeted instructional program limited to those |
1525 | identified workplace skills in which the student is not |
1526 | proficient as measured by the preinstructional assessment. |
1527 | Instruction must utilize a web-based program and be customized |
1528 | to meet identified specific needs of local employers. |
1529 | (d) A certificate and portfolio awarded to students upon |
1530 | successful completion of the instruction. Each portfolio must |
1531 | delineate the skills demonstrated by the student as evidence of |
1532 | the student's preparation for employment. |
1533 | (4) The State Board of Education, in consultation with the |
1534 | Agency for Workforce Innovation, may adopt rules pursuant to ss. |
1535 | 120.536(1) and 120.54 to implement the provisions of this |
1536 | section. |
1537 | Section 30. Subsection (4) of section 1006.09, Florida |
1538 | Statutes, is amended to read: |
1539 | 1006.09 Duties of school principal relating to student |
1540 | discipline and school safety.-- |
1541 | (4) When a student has been the victim of a violent crime |
1542 | perpetrated by another student who attends the same school, the |
1543 | school principal shall make full and effective use of the |
1544 | provisions of subsection (2) and s. 1006.13(5). A school |
1545 | principal who fails to comply with this subsection shall be |
1546 | ineligible for any portion of the performance-pay performance |
1547 | pay policy incentive or the differentiated pay under s. |
1548 | 1012.22(1)(c). However, if any party responsible for |
1549 | notification fails to properly notify the school, the school |
1550 | principal shall be eligible for the incentive or differentiated |
1551 | pay. |
1552 | Section 31. Paragraph (c) of subsection (3) of section |
1553 | 1007.2615, Florida Statutes, is amended to read: |
1554 | 1007.2615 American Sign Language; findings; foreign- |
1555 | language credits authorized; teacher licensing.-- |
1556 | (3) DUTIES OF COMMISSIONER OF EDUCATION AND STATE BOARD OF |
1557 | EDUCATION; LICENSING OF AMERICAN SIGN LANGUAGE TEACHERS; PLAN |
1558 | FOR POSTSECONDARY EDUCATION PROVIDERS.-- |
1559 | (c) An ASL teacher must be certified by the Department of |
1560 | Education by July 1, 2009 January 1, 2008, and must obtain |
1561 | current certification through the Florida American Sign Language |
1562 | Teachers' Association (FASLTA) by January 1, 2006. New FASLTA |
1563 | certification may be used by current ASL teachers as an |
1564 | alternative certification track. |
1565 | Section 32. Paragraph (f) of subsection (1), paragraphs |
1566 | (c) and (e) of subsection (3), and subsection (9) of section |
1567 | 1008.22, Florida Statutes, are amended, paragraph (g) is added |
1568 | to subsection (3), subsection (10) is renumbered as subsection |
1569 | (11), and a new subsection (10) is added to that section, to |
1570 | read: |
1571 | 1008.22 Student assessment program for public schools.-- |
1572 | (1) PURPOSE.--The primary purposes of the student |
1573 | assessment program are to provide information needed to improve |
1574 | the public schools by enhancing the learning gains of all |
1575 | students and to inform parents of the educational progress of |
1576 | their public school children. The program must be designed to: |
1577 | (f) Provide information on the performance of Florida |
1578 | students compared with that of other students others across the |
1579 | United States. |
1580 | (3) STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall |
1581 | design and implement a statewide program of educational |
1582 | assessment that provides information for the improvement of the |
1583 | operation and management of the public schools, including |
1584 | schools operating for the purpose of providing educational |
1585 | services to youth in Department of Juvenile Justice programs. |
1586 | The commissioner may enter into contracts for the continued |
1587 | administration of the assessment, testing, and evaluation |
1588 | programs authorized and funded by the Legislature. Contracts may |
1589 | be initiated in 1 fiscal year and continue into the next and may |
1590 | be paid from the appropriations of either or both fiscal years. |
1591 | The commissioner is authorized to negotiate for the sale or |
1592 | lease of tests, scoring protocols, test scoring services, and |
1593 | related materials developed pursuant to law. Pursuant to the |
1594 | statewide assessment program, the commissioner shall: |
1595 | (c) Develop and implement a student achievement testing |
1596 | program known as the Florida Comprehensive Assessment Test |
1597 | (FCAT) as part of the statewide assessment program, to be |
1598 | administered annually in grades 3 through 10 to measure reading, |
1599 | writing, science, and mathematics. Other content areas may be |
1600 | included as directed by the commissioner. The assessment of |
1601 | reading and mathematics shall be administered annually in grades |
1602 | 3 through 10. The assessment of writing and science shall be |
1603 | administered at least once at each of the elementary, middle, |
1604 | and high school levels. The commissioner must document the |
1605 | procedures that ensure that the versions of the FCAT taken by |
1606 | students retaking the grade 10 FCAT are as equally challenging |
1607 | and difficult as the tests taken by students in grade 10 that |
1608 | contain performance tasks. The testing program must be designed |
1609 | so that: |
1610 | 1. The tests measure student skills and competencies |
1611 | adopted by the State Board of Education as specified in |
1612 | paragraph (a). The tests must measure and report student |
1613 | proficiency levels in reading, writing, mathematics, and |
1614 | science. The commissioner shall provide for the tests to be |
1615 | developed or obtained, as appropriate, through contracts and |
1616 | project agreements with private vendors, public vendors, public |
1617 | agencies, postsecondary educational institutions, or school |
1618 | districts. The commissioner shall obtain input with respect to |
1619 | the design and implementation of the testing program from state |
1620 | educators and the public. |
1621 | 2. The testing program will include a combination of norm- |
1622 | referenced and criterion-referenced tests and include, to the |
1623 | extent determined by the commissioner, questions that require |
1624 | the student to produce information or perform tasks in such a |
1625 | way that the skills and competencies he or she uses can be |
1626 | measured. |
1627 | 3. Each testing program, whether at the elementary, |
1628 | middle, or high school level, includes a test of writing in |
1629 | which students are required to produce writings that are then |
1630 | scored by appropriate methods. |
1631 | 4. A score is designated for each subject area tested, |
1632 | below which score a student's performance is deemed inadequate. |
1633 | The school districts shall provide appropriate remedial |
1634 | instruction to students who score below these levels. |
1635 | 5. Except as provided in s. 1003.428(8)(b) or s. |
1636 | 1003.43(11)(b), students must earn a passing score on the grade |
1637 | 10 assessment test described in this paragraph or attain |
1638 | concordant scores on an alternate assessment as described in |
1639 | subsection (9) in reading, writing, and mathematics to qualify |
1640 | for a regular high school diploma. The State Board of Education |
1641 | shall designate a passing score for each part of the grade 10 |
1642 | assessment test. In establishing passing scores, the state board |
1643 | shall consider any possible negative impact of the test on |
1644 | minority students. All students who took the grade 10 FCAT |
1645 | during the 2000-2001 school year shall be required to earn the |
1646 | passing scores in reading and mathematics established by the |
1647 | State Board of Education for the March 2001 test administration. |
1648 | Such students who did not earn the established passing scores |
1649 | and must repeat the grade 10 FCAT are required to earn the |
1650 | passing scores established for the March 2001 test |
1651 | administration. All students who take the grade 10 FCAT for the |
1652 | first time in March 2002 shall be required to earn the passing |
1653 | scores in reading and mathematics established by the State Board |
1654 | of Education for the March 2002 test administration. The State |
1655 | Board of Education shall adopt rules which specify the passing |
1656 | scores for the grade 10 FCAT. Any such rules, which have the |
1657 | effect of raising the required passing scores, shall only apply |
1658 | to students taking the grade 10 FCAT for the first time after |
1659 | such rules are adopted by the State Board of Education. |
1660 | 6. Participation in the testing program is mandatory for |
1661 | all students attending public school, including students served |
1662 | in Department of Juvenile Justice programs, except as otherwise |
1663 | prescribed by the commissioner. If a student does not |
1664 | participate in the statewide assessment, the district must |
1665 | notify the student's parent and provide the parent with |
1666 | information regarding the implications of such nonparticipation. |
1667 | If modifications are made in the student's instruction to |
1668 | provide accommodations that would not be permitted on the |
1669 | statewide assessment tests, the district must notify the |
1670 | student's parent of the implications of such instructional |
1671 | modifications. A parent must provide signed consent for a |
1672 | student to receive instructional modifications that would not be |
1673 | permitted on the statewide assessments and must acknowledge in |
1674 | writing that he or she understands the implications of such |
1675 | accommodations. The State Board of Education shall adopt rules, |
1676 | based upon recommendations of the commissioner, for the |
1677 | provision of test accommodations and modifications of procedures |
1678 | as necessary for students in exceptional education programs and |
1679 | for students who have limited English proficiency. |
1680 | Accommodations that negate the validity of a statewide |
1681 | assessment are not allowable. |
1682 | 7. A student seeking an adult high school diploma must |
1683 | meet the same testing requirements that a regular high school |
1684 | student must meet. |
1685 | 8. District school boards must provide instruction to |
1686 | prepare students to demonstrate proficiency in the skills and |
1687 | competencies necessary for successful grade-to-grade progression |
1688 | and high school graduation. If a student is provided with |
1689 | accommodations or modifications that are not allowable in the |
1690 | statewide assessment program, as described in the test manuals, |
1691 | the district must inform the parent in writing and must provide |
1692 | the parent with information regarding the impact on the |
1693 | student's ability to meet expected proficiency levels in |
1694 | reading, writing, and math. The commissioner shall conduct |
1695 | studies as necessary to verify that the required skills and |
1696 | competencies are part of the district instructional programs. |
1697 | 9. District school boards must provide opportunities for |
1698 | students to demonstrate an acceptable level of performance on an |
1699 | alternative standardized assessment approved by the State Board |
1700 | of Education following enrollment in summer academies. |
1701 | 10.9. The Department of Education must develop, or select, |
1702 | and implement a common battery of assessment tools that will be |
1703 | used in all juvenile justice programs in the state. These tools |
1704 | must accurately measure the skills and competencies established |
1705 | in the Florida Sunshine State Standards. |
1706 |
|
1707 | The commissioner may design and implement student testing |
1708 | programs, for any grade level and subject area, necessary to |
1709 | effectively monitor educational achievement in the state. |
1710 | (e) Conduct ongoing research and analysis of student |
1711 | achievement data, including, without limitation, monitoring |
1712 | trends in student achievement by grade level and overall student |
1713 | achievement, identifying school programs that are successful, |
1714 | and analyzing correlates of school achievement. |
1715 | (g) Study the cost and student achievement impact of |
1716 | secondary end-of-course assessments, including web-based and |
1717 | performance formats, and report to the Legislature prior to |
1718 | implementation. |
1719 | (9) CONCORDANT SCORES FOR THE FCAT EQUIVALENCIES FOR |
1720 | STANDARDIZED TESTS.-- |
1721 | (a) The State Board of Education shall analyze the content |
1722 | and concordant data sets for widely used high school achievement |
1723 | tests, including, but not limited to, the PSAT, PLAN, SAT, ACT, |
1724 | and College Placement Test, to assess if concordant scores can |
1725 | be determined that correspond to those required on the FCAT for |
1726 | high school graduation. In cases where concordant scores can be |
1727 | determined, the Commissioner of Education shall adopt those |
1728 | scores as meeting the graduation requirement in lieu of |
1729 | achieving the FCAT passing score. Each time that test content or |
1730 | scoring procedures are changed for either the FCAT or one of the |
1731 | identified tests, new concordant scores must be determined. The |
1732 | use of concordant scores shall take effect for students who are |
1733 | eligible to graduate beginning in the 2003-2004 academic year |
1734 | and thereafter. The Commissioner of Education shall approve the |
1735 | use of the SAT and ACT tests as alternative assessments to the |
1736 | grade 10 FCAT for the 2003-2004 school year. |
1737 | (b) Students who attain concordant scores pursuant to this |
1738 | subsection on the SAT or ACT which equate to the passing scores |
1739 | on the grade 10 FCAT for purposes of high school graduation |
1740 | shall satisfy the assessment requirement for a standard high |
1741 | school diploma as provided in s. 1003.429(6)(a) or s. |
1742 | 1003.43(5)(a) for the 2003-2004 school year if the students meet |
1743 | the requirement in paragraph (c) (b). |
1744 | (c)(b) A student shall be required to take each subject |
1745 | area of the grade 10 FCAT a total of three times without earning |
1746 | a passing score in order to use the concordant subject area |
1747 | scores on an alternative assessment pursuant to this subsection |
1748 | paragraph (a). This requirement shall not apply to a new student |
1749 | who enters the Florida is a new student to the public school |
1750 | system in grade 12, who may either take the FCAT or use approved |
1751 | concordant scores to fulfill the graduation requirement. |
1752 | (10) REPORTS.--The Department of Education shall annually |
1753 | provide a report to the Governor, the President of the Senate, |
1754 | and the Speaker of the House of Representatives on the |
1755 | following: |
1756 | (a) Longitudinal performance of students in mathematics |
1757 | and reading. |
1758 | (b) Longitudinal performance of students by grade level in |
1759 | mathematics and reading. |
1760 | (c) Longitudinal performance regarding efforts to close |
1761 | the achievement gap. |
1762 | (d) Longitudinal performance of students on the norm- |
1763 | referenced component of the FCAT. |
1764 | (e) Other student performance data based on national norm- |
1765 | referenced and criterion-referenced tests, when available, and |
1766 | numbers of students who after 8th grade enroll in adult |
1767 | education rather than other secondary education. |
1768 | Section 33. Section 1008.221, Florida Statutes, is |
1769 | repealed. |
1770 | Section 34. Paragraph (b) of subsection (4) and paragraph |
1771 | (b) of subsection (8) of section 1008.25, Florida Statutes, are |
1772 | amended, and paragraph (c) is added to subsection (8) of that |
1773 | section, to read: |
1774 | 1008.25 Public school student progression; remedial |
1775 | instruction; reporting requirements.-- |
1776 | (4) ASSESSMENT AND REMEDIATION.-- |
1777 | (b) The school in which the student is enrolled must |
1778 | develop, in consultation with the student's parent, and must |
1779 | implement an academic improvement plan designed to assist the |
1780 | student in meeting state and district expectations for |
1781 | proficiency. For a student for whom a personalized middle school |
1782 | success plan is required pursuant to s. 1003.415, the middle |
1783 | school success plan must be incorporated in the student's |
1784 | academic improvement plan. Beginning with the 2002-2003 school |
1785 | year, if the student has been identified as having a deficiency |
1786 | in reading, the academic improvement plan shall identify the |
1787 | student's specific areas of deficiency in phonemic awareness, |
1788 | phonics, fluency, comprehension, and vocabulary; the desired |
1789 | levels of performance in these areas; and the instructional and |
1790 | support services to be provided to meet the desired levels of |
1791 | performance. Schools shall also provide for the frequent |
1792 | monitoring of the student's progress in meeting the desired |
1793 | levels of performance. District school boards may require low- |
1794 | performing students to attend remediation programs held before |
1795 | or after regular school hours or during the summer, upon the |
1796 | request of the school principal, and shall assist schools and |
1797 | teachers to implement research-based reading activities that |
1798 | have been shown to be successful in teaching reading to low- |
1799 | performing students. Remedial instruction provided during high |
1800 | school may not be in lieu of English and mathematics credits |
1801 | required for graduation. |
1802 | (8) ANNUAL REPORT.-- |
1803 | (b) Beginning with the 2001-2002 school year, Each |
1804 | district school board must annually publish in the local |
1805 | newspaper, and report in writing to the State Board of Education |
1806 | by September 1 of each year, the following information on the |
1807 | prior school year: |
1808 | 1. The provisions of this section relating to public |
1809 | school student progression and the district school board's |
1810 | policies and procedures on student retention and promotion. |
1811 | 2. By grade, the number and percentage of all students in |
1812 | grades 3 through 10 performing at Levels 1 and 2 on the reading |
1813 | portion of the FCAT. |
1814 | 3. By grade, the number and percentage of all students |
1815 | retained in grades 3 through 10. |
1816 | 4. Information on the total number of students who were |
1817 | promoted for good cause, by each category of good cause as |
1818 | specified in paragraph (6)(b). |
1819 | 5. Any revisions to the district school board's policy on |
1820 | student retention and promotion from the prior year. |
1821 | (c) The Department of Education shall establish a uniform |
1822 | format for school districts to report the information required |
1823 | in paragraph (b). The format shall be developed with input from |
1824 | district school boards and shall be provided not later than 90 |
1825 | days prior to the annual due date. The department shall annually |
1826 | compile the information required in subparagraphs (b)2., 3., and |
1827 | 4., along with state-level summary information, and report such |
1828 | information to the Governor, the President of the Senate, and |
1829 | the Speaker of the House of Representatives. |
1830 | Section 35. Section 1008.301, Florida Statutes, is |
1831 | repealed. |
1832 | Section 36. Paragraphs (d) and (e) of subsection (1), |
1833 | paragraphs (b) and (c) of subsection (2), and subsection (3) of |
1834 | section 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 |
1837 | accountability system; legislative intent; performance-based |
1838 | funding; mission, goals, and systemwide measures; data quality |
1839 | improvements.-- |
1840 | (1) LEGISLATIVE INTENT.--It is the intent of the |
1841 | Legislature that: |
1842 | (d) The State Board of Education and the Board of |
1843 | Governors of the State University System recommend to the |
1844 | Legislature systemwide performance standards; the Legislature |
1845 | establish systemwide performance measures and standards; and the |
1846 | systemwide measures and standards provide Floridians with |
1847 | information on what the public is receiving in return for the |
1848 | funds it invests in education and how well the K-20 system |
1849 | educates its students. |
1850 | (e)1. The State Board of Education establish performance |
1851 | measures and set performance standards for individual components |
1852 | of the public education system, including individual schools and |
1853 | community colleges postsecondary educational institutions, with |
1854 | measures and standards based primarily on student achievement. |
1855 | 2. The Board of Governors of the State University System |
1856 | establish performance measures and set performance standards for |
1857 | individual state universities. |
1858 | (2) MISSION, GOALS, AND SYSTEMWIDE MEASURES.-- |
1859 | (b) The process State Board of Education shall adopt |
1860 | guiding principles for establishing state and sector-specific |
1861 | standards 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 |
1868 | support a coordinated K-20 education system. |
1869 | (c) The Department State Board of Education shall maintain |
1870 | an accountability system that measures student progress toward |
1871 | the following goals: |
1872 | 1. Highest student achievement, as indicated by evidence |
1873 | of student learning gains at all levels measured by: student |
1874 | FCAT performance and annual learning gains; the number and |
1875 | percentage of schools that improve at least one school |
1876 | performance grade designation or maintain a school performance |
1877 | grade designation of "A" pursuant to s. 1008.34; graduation or |
1878 | completion rates at all learning levels; and other measures |
1879 | identified in law or rule. |
1880 | 2. Seamless articulation and maximum access, as measured |
1881 | by evidence of progression, readiness, and access by targeted |
1882 | groups of students identified by the Commissioner of Education: |
1883 | the percentage of students who demonstrate readiness for the |
1884 | educational level they are entering, from kindergarten through |
1885 | postsecondary education and into the workforce; the number and |
1886 | percentage of students needing remediation; the percentage of |
1887 | Floridians who complete associate, baccalaureate, graduate, |
1888 | professional, and postgraduate degrees; the number and |
1889 | percentage of credits that articulate; the extent to which each |
1890 | set of exit-point requirements matches the next set of entrance- |
1891 | point requirements; the degree to which underserved populations |
1892 | access educational opportunity; the extent to which access is |
1893 | provided through innovative educational delivery strategies; and |
1894 | other measures identified in law or rule. |
1895 | 3. Skilled workforce and economic development, as measured |
1896 | by evidence of employment and earnings: the number and |
1897 | percentage of graduates employed in their areas of preparation; |
1898 | the percentage of Floridians with high school diplomas and |
1899 | postsecondary education credentials; the percentage of business |
1900 | and community members who find that Florida's graduates possess |
1901 | the skills they need; national rankings; and other measures |
1902 | identified in law or rule. |
1903 | 4. Quality efficient services, as measured by evidence of |
1904 | return on investment: cost per completer or graduate; average |
1905 | cost per noncompleter at each educational level; cost disparity |
1906 | across institutions offering the same degrees; the percentage of |
1907 | education customers at each educational level who are satisfied |
1908 | with the education provided; and other measures identified in |
1909 | law or rule. |
1910 | 5. Other goals as identified by law or rule. |
1911 | (3) K-20 EDUCATION DATA QUALITY IMPROVEMENTS SYSTEMWIDE |
1912 | DATA COLLECTION.--To provide data required to implement |
1913 | education performance accountability measures in state and |
1914 | federal law, the Commissioner of Education shall initiate and |
1915 | maintain strategies to improve data quality and timeliness. All |
1916 | data collected from state universities shall, as determined by |
1917 | the commissioner, be integrated into the K-20 data warehouse. |
1918 | The commissioner shall have unlimited access to such data solely |
1919 | for the purposes of conducting studies, reporting annual and |
1920 | longitudinal student outcomes, and improving college readiness |
1921 | and articulation. All public educational institutions shall |
1922 | provide data to the K-20 data warehouse in a format specified by |
1923 | the commissioner. |
1924 | (a) School districts and public postsecondary educational |
1925 | institutions shall maintain information systems that will |
1926 | provide the State Board of Education, the Board of Governors of |
1927 | the State University System, and the Legislature with |
1928 | information and reports necessary to address the specifications |
1929 | of the accountability system. The State Board of Education shall |
1930 | determine the standards for the required data. The level of |
1931 | comprehensiveness and quality shall be no less than that which |
1932 | was available as of June 30, 2001. |
1933 | (b) The Commissioner of Education shall determine the |
1934 | standards for the required data, monitor data quality, and |
1935 | measure improvements. The commissioner shall report annually to |
1936 | the State Board of Education, the Board of Governors of the |
1937 | State University System, the President of the Senate, and the |
1938 | Speaker of the House of Representatives data quality indicators |
1939 | and ratings for all school districts and public postsecondary |
1940 | educational institutions. |
1941 | (c) Before establishing any new reporting or data |
1942 | collection requirements, the Commissioner of Education shall |
1943 | utilize existing data being collected to reduce duplication and |
1944 | minimize paperwork. |
1945 | (4) RULES.--The State Board of Education shall adopt rules |
1946 | pursuant to ss. 120.536(1) and 120.54 to implement the |
1947 | provisions of this section relating to the K-20 data warehouse. |
1948 | Section 37. Subsections (1), (2), and (4) of section |
1949 | 1008.33, Florida Statutes, are amended to read: |
1950 | 1008.33 Authority to enforce public school |
1951 | improvement.--It is the intent of the Legislature that all |
1952 | public schools be held accountable for students performing at |
1953 | acceptable levels. A system of school improvement and |
1954 | accountability that assesses student performance by school, |
1955 | identifies schools in which students are not making adequate |
1956 | progress toward state standards, institutes appropriate measures |
1957 | for enforcing improvement, and provides rewards and sanctions |
1958 | based on performance shall be the responsibility of the State |
1959 | Board of Education. |
1960 | (1) Pursuant to Art. IX of the State Constitution |
1961 | prescribing the duty of the State Board of Education to |
1962 | supervise Florida's public school system and notwithstanding any |
1963 | other statutory provisions to the contrary, the State Board of |
1964 | Education shall intervene in the operation of a district school |
1965 | system when one or more schools in the school district have |
1966 | failed to make adequate progress for 2 school years in a 4-year |
1967 | period. For purposes of determining when a school is eligible |
1968 | for state board action and opportunity scholarships for its |
1969 | students, the terms "2 years in any 4-year period" and "2 years |
1970 | in a 4-year period" mean that in any year that a school has a |
1971 | grade of "F," the school is eligible for state board action and |
1972 | opportunity scholarships for its students if it also has had a |
1973 | grade of "F" in any of the previous 3 school years. The State |
1974 | Board of Education may determine that the school district or |
1975 | school has not taken steps sufficient for students in the school |
1976 | to be academically well served. Considering recommendations of |
1977 | the Commissioner of Education, the State Board of Education |
1978 | shall recommend action to a district school board intended to |
1979 | improve educational services to students in each school that is |
1980 | designated with a as performance grade of category "F." |
1981 | Recommendations for actions to be taken in the school district |
1982 | shall be made only after thorough consideration of the unique |
1983 | characteristics of a school, which shall include student |
1984 | mobility rates, the number and type of exceptional students |
1985 | enrolled in the school, and the availability of options for |
1986 | improved educational services. The state board shall adopt by |
1987 | rule steps to follow in this process. Such steps shall provide |
1988 | school districts sufficient time to improve student performance |
1989 | in schools and the opportunity to present evidence of assistance |
1990 | and interventions that the district school board has |
1991 | implemented. |
1992 | (2) The State Board of Education may recommend one or more |
1993 | of the following actions to district school boards to enable |
1994 | students in schools designated with a as performance grade of |
1995 | category "F" to be academically well served by the public school |
1996 | system: |
1997 | (a) Provide additional resources, change certain |
1998 | practices, and provide additional assistance if the state board |
1999 | determines the causes of inadequate progress to be related to |
2000 | school district policy or practice; |
2001 | (b) Implement a plan that satisfactorily resolves the |
2002 | education equity problems in the school; |
2003 | (c) Contract for the educational services of the school, |
2004 | or reorganize the school at the end of the school year under a |
2005 | new school principal who is authorized to hire new staff and |
2006 | implement a plan that addresses the causes of inadequate |
2007 | progress; |
2008 | (d) Authorize the school principal to recommend corrective |
2009 | actions for low-performing faculty and staff as necessary to |
2010 | improve educational opportunities and the performance of |
2011 | students; |
2012 | (e)(d) Allow parents of students in the school to send |
2013 | their children to another district school of their choice; or |
2014 | (f)(e) Other action appropriate to improve the school's |
2015 | performance, including, if the school is a high school, |
2016 | requiring annual publication of the school's graduation rate |
2017 | calculated without GEDs for the past 3 years, disaggregated by |
2018 | student ethnicity. |
2019 | (4) The State Board of Education may require the |
2020 | Department of Education or Chief Financial Officer to withhold |
2021 | any transfer of state funds to the school district if, within |
2022 | the timeframe specified in state board action, the school |
2023 | district has failed to comply with the action ordered to improve |
2024 | the district's low-performing schools. Withholding the transfer |
2025 | of funds shall occur only after all other recommended actions |
2026 | for school improvement have failed to improve performance. The |
2027 | State Board of Education may impose the same penalty on any |
2028 | district school board that fails to develop and implement a plan |
2029 | for assistance and intervention for low-performing schools as |
2030 | specified in s. 1001.42(16)(d)(c). |
2031 | Section 38. Section 1008.34, Florida Statutes, is amended |
2032 | to read: |
2033 | 1008.34 School grading system; school report cards; |
2034 | district performance grade.-- |
2035 | (1) ANNUAL REPORTS.--The Commissioner of Education shall |
2036 | prepare annual reports of the results of the statewide |
2037 | assessment program which describe student achievement in the |
2038 | state, each district, and each school. The commissioner shall |
2039 | prescribe the design and content of these reports, which must |
2040 | include, without limitation, descriptions of the performance of |
2041 | all schools participating in the assessment program and all of |
2042 | their major student populations as determined by the |
2043 | Commissioner of Education, and must also include the median |
2044 | scores of all eligible students who scored at or in the lowest |
2045 | 25th percentile of the state in the previous school year; |
2046 | provided, however, that the provisions of s. 1002.22 pertaining |
2047 | to student records apply to this section. |
2048 | (2) SCHOOL GRADES PERFORMANCE GRADE CATEGORIES.--The |
2049 | annual report shall identify schools as having one of the |
2050 | following grades being in one of the following grade categories |
2051 | defined 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 |
|
2058 | Each school designated with a in performance grade of category |
2059 | "A," making excellent progress, or having improved at least two |
2060 | performance grade levels categories, shall have greater |
2061 | authority over the allocation of the school's total budget |
2062 | generated from the FEFP, state categoricals, lottery funds, |
2063 | grants, and local funds, as specified in state board rule. The |
2064 | rule must provide that the increased budget authority shall |
2065 | remain in effect until the school's performance grade declines. |
2066 | (3) DESIGNATION OF SCHOOL GRADES PERFORMANCE GRADE |
2067 | CATEGORIES.--School grades performance grade category |
2068 | designations itemized in subsection (2) shall be based on the |
2069 | following: |
2070 | (a) Criteria Timeframes.--A school's grade shall be based |
2071 | on a combination of: |
2072 | 1. Student achievement scores School performance grade |
2073 | category designations shall be based on the school's current |
2074 | year performance and the school's annual learning gains. |
2075 | 2. A school's performance grade category designation shall |
2076 | be based on a combination of student achievement scores, Student |
2077 | learning gains as measured by annual FCAT assessments in grades |
2078 | 3 through 10., and |
2079 | 3. Improvement of the lowest 25th percentile of students |
2080 | in the school in reading, math, or writing on the FCAT Reading, |
2081 | unless these students are exhibiting performing above |
2082 | satisfactory performance. |
2083 | (b) Student assessment data.--Student assessment data used |
2084 | in determining school grades performance grade categories shall |
2085 | include: |
2086 | 1. The aggregate scores of all eligible students enrolled |
2087 | in the school who have been assessed on the FCAT. |
2088 | 2. The aggregate scores of all eligible students enrolled |
2089 | in the school who have been assessed on the FCAT, including |
2090 | Florida Writes, and who have scored at or in the lowest 25th |
2091 | percentile of students in the school in reading, math, or |
2092 | writing, unless these students are exhibiting performing above |
2093 | satisfactory performance. |
2094 |
|
2095 | The Department of Education shall study the effects of mobility |
2096 | on the performance of highly mobile students and recommend |
2097 | programs to improve the performance of such students. The State |
2098 | Board of Education shall adopt appropriate criteria for each |
2099 | school performance grade category. The criteria must also give |
2100 | added weight to student achievement in reading. Schools |
2101 | designated with a as performance grade of category "C," making |
2102 | satisfactory progress, shall be required to demonstrate that |
2103 | adequate progress has been made by students in the school who |
2104 | are in the lowest 25th percentile in reading, math, or writing |
2105 | on the FCAT, including Florida Writes, unless these students are |
2106 | exhibiting performing above satisfactory performance. |
2107 | (4) SCHOOL GRADING FOR ALTERNATIVE SCHOOLS.--Alternative |
2108 | schools providing dropout prevention and academic intervention |
2109 | services may choose to receive a school grade pursuant to |
2110 | subsections (2) and (3) or an improvement rating pursuant to s. |
2111 | 1008.341 according to the following requirements: |
2112 | (a) If an alternative school chooses to be graded pursuant |
2113 | to this section, student performance data as identified in |
2114 | subsection (3) shall not be included in the home school's grade |
2115 | but shall only be included in calculation of the alternative |
2116 | school's grade unless the Commissioner of Education requires |
2117 | that the alternative school's student assessment data must be |
2118 | included in the home school's grade based on a finding of |
2119 | collusion to avoid the state's accountability system. |
2120 | (b) If an alternative school chooses to receive an |
2121 | improvement rating pursuant to s. 1008.341, student performance |
2122 | data as identified in subsection (3) shall be included in the |
2123 | home school's grade, except for achievement scores and learning |
2124 | gains of students attending alternative schools who are subject |
2125 | to district school board policies for expulsion for repeated or |
2126 | serious offenses, in dropout retrieval programs serving students |
2127 | officially designated as dropouts, or in Department of Juvenile |
2128 | Justice operated and contracted programs. |
2129 |
|
2130 | For purposes of this section and s. 1008.341, "home school" |
2131 | means the school the student was attending when assigned to an |
2132 | alternative school or the school to which the student would be |
2133 | assigned if the student left the alternative school. School |
2134 | districts must require collaboration between the home school and |
2135 | the alternative school to promote student success. |
2136 | (5)(4) SCHOOL IMPROVEMENT RATINGS.--The annual report |
2137 | shall identify each school's performance as having improved, |
2138 | remained the same, or declined. This school improvement rating |
2139 | shall be based on a comparison of the current year's and |
2140 | previous year's student and school performance data. Schools |
2141 | that improve at least one performance grade level category are |
2142 | eligible for school recognition awards pursuant to s. 1008.36. |
2143 | (6)(5) SCHOOL REPORT CARD PERFORMANCE GRADE CATEGORY AND |
2144 | IMPROVEMENT RATING REPORTS.--The Department of Education shall |
2145 | annually develop, in collaboration with the district school |
2146 | boards, a school report card to be delivered to parents |
2147 | throughout each school district. The report card shall include |
2148 | the school's grade, information regarding school improvement, an |
2149 | explanation of school performance as evaluated by the federal No |
2150 | Child Left Behind Act of 2001, and indicators of return on |
2151 | investment. School performance grade category designations and |
2152 | improvement ratings shall apply to each school's performance for |
2153 | the year in which performance is measured. Each school's report |
2154 | card designation and rating shall be published annually by the |
2155 | department on its website, of Education and the school district |
2156 | shall provide the school report card to each parent. Parents |
2157 | shall be entitled to an easy-to-read report card about the |
2158 | designation and rating of the school in which their child is |
2159 | enrolled. |
2160 | (7) PERFORMANCE-BASED FUNDING.--The Legislature may factor |
2161 | in the performance of schools in calculating any |
2162 | performance-based funding policy that is provided for annually |
2163 | in the General Appropriations Act. |
2164 | (8) DISTRICT PERFORMANCE GRADE.--The annual report |
2165 | required by subsection (1) shall include district performance |
2166 | grades, which shall consist of weighted district average grades, |
2167 | by level, for all elementary schools, middle schools, and high |
2168 | schools in the district. A district's weighted average grade |
2169 | shall be calculated by weighting individual school grades |
2170 | determined pursuant to subsection (2) by school enrollment. |
2171 | (9)(6) RULES.--The State Board of Education shall adopt |
2172 | rules pursuant to ss. 120.536(1) and 120.54 to implement the |
2173 | provisions of this section. |
2174 | Section 39. Section 1008.341, Florida Statutes, is created |
2175 | to read: |
2176 | 1008.341 School improvement rating for alternative |
2177 | schools.-- |
2178 | (1) ANNUAL REPORTS.--The Commissioner of Education shall |
2179 | prepare an annual report on the performance of each school |
2180 | receiving a school improvement rating pursuant to this section |
2181 | provided that the provisions of s. 1002.22 pertaining to student |
2182 | records shall apply. |
2183 | (2) SCHOOL IMPROVEMENT RATING.--Alternative schools that |
2184 | provide dropout prevention and academic intervention services |
2185 | may choose to receive a school improvement rating pursuant to |
2186 | this section in lieu of a school grade pursuant to s. 1008.34. |
2187 | The school improvement rating shall identify schools as having |
2188 | one of the following ratings defined according to rules of the |
2189 | State Board of Education: |
2190 | (a) "Improving," schools with students making more |
2191 | academic progress than when the students were served in their |
2192 | home schools. |
2193 | (b) "Maintaining," schools with students making progress |
2194 | equivalent to the progress made when the students were served in |
2195 | their home schools. |
2196 | (c) "Declining," schools with students making less |
2197 | academic progress than when the students were served in their |
2198 | home schools. |
2199 |
|
2200 | The school improvement rating shall be based on a comparison of |
2201 | the current year and previous year student performance data. |
2202 | Schools that improve at least one level or maintain an |
2203 | "improving" rating pursuant to this section are eligible for |
2204 | school recognition awards pursuant to s. 1008.36. |
2205 | (3) DESIGNATION OF SCHOOL IMPROVEMENT RATING.--Student |
2206 | data used in determining an alternative school's school |
2207 | improvement rating shall include: |
2208 | (a) The aggregate scores of all students who were assigned |
2209 | to and enrolled in the school during the October or February FTE |
2210 | count, who have been assessed on the FCAT, and who have FCAT or |
2211 | comparable scores for the preceding school year. |
2212 | (b) The aggregate scores of all students who were assigned |
2213 | to and enrolled in the school during the October or February FTE |
2214 | count, who have been assessed on the FCAT, including Florida |
2215 | Writes, and who have scored in the lowest 25th percentile of |
2216 | students in the state on FCAT Reading. |
2217 | (4) IDENTIFICATION OF STUDENT LEARNING GAINS.--For each |
2218 | alternative school receiving a school improvement rating, the |
2219 | Department of Education shall annually identify the percentage |
2220 | of students making learning gains as compared to the percentage |
2221 | of the same students making learning gains in their home schools |
2222 | in the year prior to being assigned to the alternative school. |
2223 | (5) SCHOOL REPORT CARD.--The Department of Education shall |
2224 | annually develop, in collaboration with the school districts, a |
2225 | school report card for alternative schools to be delivered to |
2226 | parents throughout each school district. The report card shall |
2227 | include the school improvement rating, identification of student |
2228 | learning gains, information regarding school improvement, an |
2229 | explanation of school performance as evaluated by the federal No |
2230 | Child Left Behind Act of 2001, and indicators of return on |
2231 | investment. |
2232 | (6) RULES.--The State Board of Education may adopt rules |
2233 | pursuant to ss. 120.536(1) and 120.54 to implement the |
2234 | provisions of this section. |
2235 | Section 40. Subsection (5), paragraphs (b) and (d) of |
2236 | subsection (6), and subsection (7) of section 1008.345, Florida |
2237 | Statutes, are amended to read: |
2238 | 1008.345 Implementation of state system of school |
2239 | improvement and education accountability.-- |
2240 | (5) The commissioner shall report to the Legislature and |
2241 | recommend changes in state policy necessary to foster school |
2242 | improvement and education accountability. Included in the report |
2243 | shall be a list of the schools, including schools operating for |
2244 | the purpose of providing educational services to youth in |
2245 | Department of Juvenile Justice programs, for which district |
2246 | school boards have developed assistance and intervention plans |
2247 | and an analysis of the various strategies used by the school |
2248 | boards. School reports shall be distributed pursuant to this |
2249 | subsection and s. 1001.42(16)(f)(e) and according to rules |
2250 | adopted by the State Board of Education. |
2251 | (6) |
2252 | (b) Upon request, the department shall provide technical |
2253 | assistance and training to any school, including any school |
2254 | operating for the purpose of providing educational services to |
2255 | youth in Department of Juvenile Justice programs, school |
2256 | advisory council, district, or district school board for |
2257 | conducting needs assessments, developing and implementing school |
2258 | improvement plans, developing and implementing assistance and |
2259 | intervention plans, or implementing other components of school |
2260 | improvement and accountability. Priority for these services |
2261 | shall be given to schools designated with a as performance grade |
2262 | of category "D" or "F" and school districts in rural and |
2263 | sparsely populated areas of the state. |
2264 | (d)1. The commissioner department shall assign a community |
2265 | assessment team to each school district with a school designated |
2266 | with a as performance grade of category "D" or "F" to review the |
2267 | school performance data, including, for a high school graded "D" |
2268 | or "F," the school's graduation rate calculated without GEDs for |
2269 | the past 3 years, disaggregated by student ethnicity, and |
2270 | determine causes for the low performance. The team shall make |
2271 | recommendations to the school board, to the department, and to |
2272 | the State Board of Education for implementing an assistance and |
2273 | intervention plan that will address the causes of the school's |
2274 | low performance. The assessment team shall include, but not be |
2275 | limited to, a department representative, parents, business |
2276 | representatives, educators, and community activists, and shall |
2277 | represent the demographics of the community from which they are |
2278 | appointed. |
2279 | 2. Each school district that has a school designated with |
2280 | a grade of "F" for a second consecutive year after the community |
2281 | assessment team's recommendations to the school board for |
2282 | implementing an assistance and intervention plan shall be |
2283 | subject to review and oversight by the Governor and the |
2284 | Commissioner of Education as a school district in a state of |
2285 | educational emergency. |
2286 | 3. For each school district in a state of educational |
2287 | emergency, the Governor and the Commissioner of Education shall |
2288 | contact the district school board to determine what actions have |
2289 | been taken by the district school board to address the |
2290 | recommendations of the community assessment team and to resolve |
2291 | the educational emergency. The Governor and the Commissioner of |
2292 | Education shall determine whether the district school board |
2293 | needs state assistance to resolve the educational emergency. If |
2294 | state assistance is needed, the Governor and the Commissioner of |
2295 | Education have the authority to implement measures as set forth |
2296 | in this subparagraph to assist the district school board in |
2297 | resolving the educational emergency. Such measures may include, |
2298 | but are not limited to: |
2299 | a. Requiring approval of the school district's budget by |
2300 | the Governor and the Commissioner of Education. |
2301 | b. Authorizing a state loan and providing for its |
2302 | repayment by the district school board. |
2303 | c. Requiring the district school board to reallocate funds |
2304 | as necessary until such time as the school district is no longer |
2305 | in a state of educational emergency. |
2306 | d. Making inspections and reviews of records, information, |
2307 | reports, and assets of the school district. The appropriate |
2308 | school district officials shall cooperate in such inspections |
2309 | and reviews. |
2310 | e. Consulting with officials and auditors of the school |
2311 | district and the appropriate state officials regarding any steps |
2312 | necessary to bring the books of account, accounting systems, |
2313 | financial procedures, personnel, and personnel systems into |
2314 | compliance with state requirements. |
2315 | f. Providing technical assistance to the district school |
2316 | board. |
2317 | g. Establishing an educational emergency board to oversee |
2318 | the activities of the district school board. If an educational |
2319 | emergency board is established, the Governor and Commissioner of |
2320 | Education shall appoint board members and select a chair. The |
2321 | school district's community assessment team shall serve in an |
2322 | advisory capacity to the educational emergency board. The |
2323 | educational emergency board shall adopt such rules as are |
2324 | necessary for conducting board business. The board may review |
2325 | all of the educational operations, including, but not limited |
2326 | to, graduation and dropout rates, personnel, management, |
2327 | efficiency, curriculum, instructional materials, productivity, |
2328 | and financing of functions and operations, of the school |
2329 | district. The recommendations and reports made by the |
2330 | educational emergency board must be submitted to the Governor, |
2331 | the Commissioner of Education, and the State Board of Education |
2332 | for appropriate action. Upon receipt of the educational |
2333 | emergency board's recommendations and report, the Governor, the |
2334 | Commissioner of Education, and the State Board of Education |
2335 | shall require an action plan to implement the educational |
2336 | emergency board's recommendations, to be prepared by officials |
2337 | of the school district in consultation with the appropriate |
2338 | state officials, so as to cause the school district to no longer |
2339 | be in a state of educational emergency. |
2340 | 4. The Governor and the Commissioner of Education may |
2341 | terminate all state actions pursuant to this paragraph upon |
2342 | determination that the school district is no longer in a state |
2343 | of educational emergency and has successfully established and is |
2344 | operating an effective educational system for all students in |
2345 | the district. |
2346 | (7)(a) Schools designated with a in performance grade of |
2347 | category "A," making excellent progress, shall, if requested by |
2348 | the school, be given deregulated status as specified in s. |
2349 | 1003.63(5), (7), (8), (9), and (10). |
2350 | (b) Schools that have improved at least two grades |
2351 | performance grade categories and that meet the criteria of the |
2352 | Florida School Recognition Program pursuant to s. 1008.36 may be |
2353 | given 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 |
2356 | 1008.36, Florida Statutes, are amended to read: |
2357 | 1008.36 Florida School Recognition Program.-- |
2358 | (3) All public schools, including charter schools, that |
2359 | receive a school grade pursuant to s. 1008.34 or a school |
2360 | improvement rating pursuant to s. 1008.341 are eligible to |
2361 | participate in the program. |
2362 | (4) All selected schools shall receive financial awards |
2363 | depending on the availability of funds appropriated and the |
2364 | number and size of schools selected to receive an award. Funds |
2365 | must be distributed to the school's fiscal agent and placed in |
2366 | the school's account and must be used for purposes listed in |
2367 | subsection (5) as determined by the staff and school advisory |
2368 | council pursuant to s. 1001.452 in the annual school improvement |
2369 | plan required under s. 1001.42(16)(a). If such a determination |
2370 | is not included in the school improvement plan at the time of |
2371 | its annual approval by the district school board, the school |
2372 | shall not be eligible to receive a financial award jointly by |
2373 | the school's staff and school advisory council. If school staff |
2374 | and the school advisory council cannot reach agreement by |
2375 | November 1, the awards must be equally distributed to all |
2376 | classroom teachers currently teaching in the school. |
2377 | (5) School recognition awards must be used for the |
2378 | following: |
2379 | (a) Nonrecurring bonuses to the faculty and staff who |
2380 | worked at the school during the year of improved performance and |
2381 | additional employees as determined in the school improvement |
2382 | plan; |
2383 | (b) Nonrecurring expenditures for educational equipment, |
2384 | or materials, or student incentives to assist in maintaining and |
2385 | improving student performance; or |
2386 | (c) Temporary personnel for the school to assist in |
2387 | maintaining and improving student performance. |
2388 |
|
2389 | Notwithstanding statutory provisions to the contrary, incentive |
2390 | awards are not subject to collective bargaining. |
2391 | Section 42. Paragraphs (f), (h), (l), (m), and (n) of |
2392 | subsection (1) and paragraphs (a) and (b) of subsection (4) of |
2393 | section 1011.62, Florida Statutes, are amended, subsections (8) |
2394 | and (9) are renumbered as subsections (9) and (10), |
2395 | respectively, and amended, and a new subsection (8) is added to |
2396 | that section, to read: |
2397 | 1011.62 Funds for operation of schools.--If the annual |
2398 | allocation from the Florida Education Finance Program to each |
2399 | district for operation of schools is not determined in the |
2400 | annual appropriations act or the substantive bill implementing |
2401 | the annual appropriations act, it shall be determined as |
2402 | follows: |
2403 | (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR |
2404 | OPERATION.--The following procedure shall be followed in |
2405 | determining the annual allocation to each district for |
2406 | operation: |
2407 | (f) Supplemental academic instruction; categorical fund.-- |
2408 | 1. There is created a categorical fund to provide |
2409 | supplemental academic instruction to students in kindergarten |
2410 | through grade 12. This paragraph may be cited as the |
2411 | "Supplemental Academic Instruction Categorical Fund." |
2412 | 2. Categorical funds for supplemental academic instruction |
2413 | shall be allocated annually to each school district in the |
2414 | amount provided in the General Appropriations Act. These funds |
2415 | shall be in addition to the funds appropriated on the basis of |
2416 | FTE student membership in the Florida Education Finance Program |
2417 | and shall be included in the total potential funds of each |
2418 | district. These funds shall be used to provide supplemental |
2419 | academic instruction to students enrolled in the K-12 program. |
2420 | Supplemental instruction strategies may include, but are not |
2421 | limited to: modified curriculum, reading instruction, after- |
2422 | school instruction, tutoring, mentoring, class size reduction, |
2423 | extended school year, intensive skills development in summer |
2424 | school, and other methods for improving student achievement. |
2425 | Supplemental instruction may be provided to a student in any |
2426 | manner and at any time during or beyond the regular 180-day term |
2427 | identified by the school as being the most effective and |
2428 | efficient way to best help that student progress from grade to |
2429 | grade and to graduate. |
2430 | 3. Effective with the 1999-2000 fiscal year, funding on |
2431 | the basis of FTE membership beyond the 180-day regular term |
2432 | shall be provided in the FEFP only for students enrolled in |
2433 | juvenile justice education programs or in an education program |
2434 | for juveniles under s. 985.223. Funding for instruction beyond |
2435 | the regular 180-day school year for all other K-12 students |
2436 | shall be provided through the supplemental academic instruction |
2437 | categorical fund and other state, federal, and local fund |
2438 | sources with ample flexibility for schools to provide |
2439 | supplemental instruction to assist students in progressing from |
2440 | grade to grade and graduating. |
2441 | 4. The Florida State University School, as a lab school, |
2442 | is authorized to expend from its FEFP or Lottery Enhancement |
2443 | Trust Fund allocation the cost to the student of remediation in |
2444 | reading, writing, or mathematics for any graduate who requires |
2445 | remediation at a postsecondary educational institution. |
2446 | 5. Beginning in the 1999-2000 school year, dropout |
2447 | prevention 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 |
2449 | under subparagraph (d)3. |
2450 | (h) Small, isolated high schools.--Districts which levy |
2451 | the maximum nonvoted discretionary millage, exclusive of millage |
2452 | for capital outlay purposes levied pursuant to s. 1011.71(2), |
2453 | may calculate full-time equivalent students for small, isolated |
2454 | high schools by multiplying the number of unweighted full-time |
2455 | equivalent students times 2.75; provided the school has attained |
2456 | a state accountability performance grade category of "C" or |
2457 | better, pursuant to s. 1008.34, for the previous school year. |
2458 | For the purpose of this section, the term "small, isolated high |
2459 | school" means any high school which is located no less than 28 |
2460 | miles by the shortest route from another high school; which has |
2461 | been serving students primarily in basic studies provided by |
2462 | sub-subparagraphs (c)1.b. and c. and may include subparagraph |
2463 | (c)4.; and which has a membership of no more than 100 students, |
2464 | but no fewer than 28 students, in grades 9 through 12. |
2465 | (l) Calculation of additional full-time equivalent |
2466 | membership based on international baccalaureate examination |
2467 | scores of students.--A value of 0.24 full-time equivalent |
2468 | student membership shall be calculated for each student enrolled |
2469 | in an international baccalaureate course who receives a score of |
2470 | 4 or higher on a subject examination. A value of 0.3 full-time |
2471 | equivalent student membership shall be calculated for each |
2472 | student who receives an international baccalaureate diploma. |
2473 | Such value shall be added to the total full-time equivalent |
2474 | student membership in basic programs for grades 9 through 12 in |
2475 | the subsequent fiscal year. The school district shall distribute |
2476 | to each classroom teacher who provided international |
2477 | baccalaureate instruction: |
2478 | 1. A bonus in the amount of $50 for each student taught by |
2479 | the International Baccalaureate teacher in each international |
2480 | baccalaureate course who receives a score of 4 or higher on the |
2481 | international baccalaureate examination. |
2482 | 2. An additional bonus of $500 to each International |
2483 | Baccalaureate teacher in a school designated with a performance |
2484 | grade of category "D" or "F" who has at least one student |
2485 | scoring 4 or higher on the international baccalaureate |
2486 | examination, regardless of the number of classes taught or of |
2487 | the number of students scoring a 4 or higher on the |
2488 | international baccalaureate examination. |
2489 |
|
2490 | Bonuses awarded to a teacher according to this paragraph shall |
2491 | not exceed $2,000 in any given school year and shall be in |
2492 | addition to any regular wage or other bonus the teacher received |
2493 | or is scheduled to receive. |
2494 | (m) Calculation of additional full-time equivalent |
2495 | membership based on Advanced International Certificate of |
2496 | Education examination scores of students.--A value of 0.24 full- |
2497 | full-time equivalent student membership shall be calculated for |
2498 | each student enrolled in a full-credit Advanced International |
2499 | Certificate of Education course who receives a score of E or |
2500 | higher on a subject examination. A value of 0.12 full-time |
2501 | equivalent student membership shall be calculated for each |
2502 | student enrolled in a half-credit Advanced International |
2503 | Certificate of Education course who receives a score of E or |
2504 | higher on a subject examination. A value of 0.3 full-time |
2505 | equivalent student membership shall be calculated for each |
2506 | student who receives an Advanced International Certificate of |
2507 | Education diploma. Such value shall be added to the total full- |
2508 | time equivalent student membership in basic programs for grades |
2509 | 9 through 12 in the subsequent fiscal year. The school district |
2510 | shall distribute to each classroom teacher who provided Advanced |
2511 | International Certificate of Education instruction: |
2512 | 1. A bonus in the amount of $50 for each student taught by |
2513 | the Advanced International Certificate of Education teacher in |
2514 | each full-credit Advanced International Certificate of Education |
2515 | course who receives a score of E or higher on the Advanced |
2516 | International Certificate of Education examination. A bonus in |
2517 | the amount of $25 for each student taught by the Advanced |
2518 | International Certificate of Education teacher in each half- |
2519 | credit Advanced International Certificate of Education course |
2520 | who receives a score of E or higher on the Advanced |
2521 | International Certificate of Education examination. |
2522 | 2. An additional bonus of $500 to each Advanced |
2523 | International Certificate of Education teacher in a school |
2524 | designated with a performance grade of category "D" or "F" who |
2525 | has at least one student scoring E or higher on the full-credit |
2526 | Advanced International Certificate of Education examination, |
2527 | regardless of the number of classes taught or of the number of |
2528 | students scoring an E or higher on the full-credit Advanced |
2529 | International Certificate of Education examination. |
2530 | 3. Additional bonuses of $250 each to teachers of half- |
2531 | credit Advanced International Certificate of Education classes |
2532 | in a school designated with a performance grade of category "D" |
2533 | or "F" which has at least one student scoring an E or higher on |
2534 | the half-credit Advanced International Certificate of Education |
2535 | examination in that class. The maximum additional bonus for a |
2536 | teacher awarded in accordance with this subparagraph shall not |
2537 | exceed $500 in any given school year. Teachers receiving an |
2538 | award under subparagraph 2. are not eligible for a bonus under |
2539 | this subparagraph. |
2540 |
|
2541 | Bonuses awarded to a teacher according to this paragraph shall |
2542 | not exceed $2,000 in any given school year and shall be in |
2543 | addition to any regular wage or other bonus the teacher received |
2544 | or is scheduled to receive. |
2545 | (n) Calculation of additional full-time equivalent |
2546 | membership based on college board advanced placement scores of |
2547 | students.--A value of 0.24 full-time equivalent student |
2548 | membership shall be calculated for each student in each advanced |
2549 | placement course who receives a score of 3 or higher on the |
2550 | College Board Advanced Placement Examination for the prior year |
2551 | and added to the total full-time equivalent student membership |
2552 | in basic programs for grades 9 through 12 in the subsequent |
2553 | fiscal year. Each district must allocate at least 80 percent of |
2554 | the funds provided to the district for advanced placement |
2555 | instruction, in accordance with this paragraph, to the high |
2556 | school that generates the funds. The school district shall |
2557 | distribute to each classroom teacher who provided advanced |
2558 | placement instruction: |
2559 | 1. A bonus in the amount of $50 for each student taught by |
2560 | the Advanced Placement teacher in each advanced placement course |
2561 | who receives a score of 3 or higher on the College Board |
2562 | Advanced Placement Examination. |
2563 | 2. An additional bonus of $500 to each Advanced Placement |
2564 | teacher in a school designated with a performance grade of |
2565 | category "D" or "F" who has at least one student scoring 3 or |
2566 | higher on the College Board Advanced Placement Examination, |
2567 | regardless of the number of classes taught or of the number of |
2568 | students scoring a 3 or higher on the College Board Advanced |
2569 | Placement Examination. |
2570 |
|
2571 | Bonuses awarded to a teacher according to this paragraph shall |
2572 | not exceed $2,000 in any given school year and shall be in |
2573 | addition to any regular wage or other bonus the teacher received |
2574 | or is scheduled to receive. |
2575 | (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.--The |
2576 | Legislature shall prescribe the aggregate required local effort |
2577 | for all school districts collectively as an item in the General |
2578 | Appropriations Act for each fiscal year. The amount that each |
2579 | district shall provide annually toward the cost of the Florida |
2580 | Education Finance Program for kindergarten through grade 12 |
2581 | programs 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 |
2584 | Department of Revenue shall certify to the Commissioner of |
2585 | Education its most recent estimate of the taxable value for |
2586 | school purposes in each school district and the total for all |
2587 | school districts in the state for the current calendar year |
2588 | based on the latest available data obtained from the local |
2589 | property appraisers. Not later than July 19, the Commissioner of |
2590 | Education shall compute a millage rate, rounded to the next |
2591 | highest one one-thousandth of a mill, which, when applied to 95 |
2592 | percent of the estimated state total taxable value for school |
2593 | purposes, would generate the prescribed aggregate required local |
2594 | effort for that year for all districts. The Commissioner of |
2595 | Education shall certify to each district school board the |
2596 | millage rate, computed as prescribed in this subparagraph, as |
2597 | the minimum millage rate necessary to provide the district |
2598 | required local effort for that year. |
2599 | b. The General Appropriations Act shall direct the |
2600 | computation of the statewide adjusted aggregate amount for |
2601 | required local effort for all school districts collectively from |
2602 | ad valorem taxes to ensure that no school district's revenue |
2603 | from required local effort millage will produce more than 90 |
2604 | percent of the district's total Florida Education Finance |
2605 | Program calculation, and the adjustment of the required local |
2606 | effort millage rate of each district that produces more than 90 |
2607 | percent of its total Florida Education Finance Program |
2608 | entitlement to a level that will produce only 90 percent of its |
2609 | total Florida Education Finance Program entitlement in the July |
2610 | calculation. |
2611 | 2. As revised data are received from property appraisers, |
2612 | the Department of Revenue shall amend the certification of the |
2613 | estimate of the taxable value for school purposes. The |
2614 | Commissioner of Education, in administering the provisions of |
2615 | subparagraph (10)(9)(a)2., shall use the most recent taxable |
2616 | value for the appropriate year. |
2617 | (b) Final calculation.-- |
2618 | 1. The Department of Revenue shall, upon receipt of the |
2619 | official final assessed value of property from each of the |
2620 | property appraisers, certify to the Commissioner of Education |
2621 | the taxable value total for school purposes in each school |
2622 | district, subject to the provisions of paragraph (d). The |
2623 | commissioner shall use the official final taxable value for |
2624 | school purposes for each school district in the final |
2625 | calculation of the annual Florida Education Finance Program |
2626 | allocations. |
2627 | 2. For the purposes of this paragraph, the official final |
2628 | taxable value for school purposes shall be the taxable value for |
2629 | school purposes on which the tax bills are computed and mailed |
2630 | to the taxpayers, adjusted to reflect final administrative |
2631 | actions of value adjustment boards and judicial decisions |
2632 | pursuant to part I of chapter 194. By September 1 of each year, |
2633 | the Department of Revenue shall certify to the commissioner the |
2634 | official prior year final taxable value for school purposes. For |
2635 | each county that has not submitted a revised tax roll reflecting |
2636 | final value adjustment board actions and final judicial |
2637 | decisions, the Department of Revenue shall certify the most |
2638 | recent revision of the official taxable value for school |
2639 | purposes. The certified value shall be the final taxable value |
2640 | for school purposes, and no further adjustments shall be made, |
2641 | except 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 |
2644 | created to provide comprehensive reading instruction to students |
2645 | in kindergarten through grade 12. |
2646 | (b) Funds for comprehensive, research-based reading |
2647 | instruction shall be allocated annually to each school district |
2648 | in the amount provided in the General Appropriations Act. Each |
2649 | eligible school district shall receive the same minimum amount |
2650 | as specified in the General Appropriations Act, and any |
2651 | remaining funds shall be distributed to eligible school |
2652 | districts based on each school district's proportionate share of |
2653 | K-12 base funding. |
2654 | (c) Funds must be used to provide a system of |
2655 | comprehensive reading instruction to students enrolled in the K- |
2656 | 12 programs, which may include the following: |
2657 | 1. The provision of highly qualified reading coaches. |
2658 | 2. Professional development for school district teachers |
2659 | and administrators in scientifically based reading instruction. |
2660 | 3. The provision of summer reading camps for students who |
2661 | score at Level 1 on FCAT Reading. |
2662 | 4. The provision of supplemental instructional materials |
2663 | that are grounded in scientifically based reading research and |
2664 | comprehensive training in their use for which teachers shall |
2665 | receive inservice credit. |
2666 | 5. The provision of intensive interventions for middle and |
2667 | high school students reading below grade level. |
2668 | (d) Annually, by a date determined by the Department of |
2669 | Education but before May 1, school districts shall submit a K-12 |
2670 | comprehensive reading plan for the specific use of the research- |
2671 | based reading instruction allocation in the format prescribed by |
2672 | the department for review and approval by the Just Read, |
2673 | Florida! Office created pursuant to s. 1001.215. The plan |
2674 | annually submitted by school districts shall be deemed approved |
2675 | unless the department rejects the plan on or before June 1. If a |
2676 | school district and the Just Read, Florida! Office cannot reach |
2677 | agreement on the contents of the plan, the school district may |
2678 | appeal to the State Board of Education for resolution. High- |
2679 | performing school districts shall be allowed reasonable |
2680 | flexibility in designing their plans and shall be encouraged to |
2681 | offer reading intervention through innovative methods. The plan |
2682 | format shall be developed with input from school district |
2683 | personnel, including teachers and principals. The plan must |
2684 | emphasize reading for information at the secondary level and |
2685 | allow reading intervention through content courses in core, |
2686 | career, and alternative programs. No later than July 1 annually, |
2687 | the department shall release the school district's allocation of |
2688 | appropriated funds to those districts with approved plans. A |
2689 | school district that spends 100 percent of this allocation on |
2690 | its approved plan shall be deemed to have been in compliance |
2691 | with the plan. The department may withhold funds upon a |
2692 | determination that reading instruction allocation funds are not |
2693 | being used to implement the approved plan. |
2694 | (9)(8) QUALITY ASSURANCE GUARANTEE.--The Legislature may |
2695 | annually in the General Appropriations Act determine a |
2696 | percentage increase in funds per K-12 unweighted FTE as a |
2697 | minimum guarantee to each school district. The guarantee shall |
2698 | be calculated from prior year base funding per unweighted FTE |
2699 | student which shall include the adjusted FTE dollars as provided |
2700 | in subsection (10)(9), quality guarantee funds, and actual |
2701 | nonvoted discretionary local effort from taxes. From the base |
2702 | funding per unweighted FTE, the increase shall be calculated for |
2703 | the current year. The current year funds from which the |
2704 | guarantee shall be determined shall include the adjusted FTE |
2705 | dollars as provided in subsection (10)(9) and potential nonvoted |
2706 | discretionary local effort from taxes. A comparison of current |
2707 | year funds per unweighted FTE to prior year funds per unweighted |
2708 | FTE shall be computed. For those school districts which have |
2709 | less than the legislatively assigned percentage increase, funds |
2710 | shall be provided to guarantee the assigned percentage increase |
2711 | in funds per unweighted FTE student. Should appropriated funds |
2712 | be less than the sum of this calculated amount for all |
2713 | districts, the commissioner shall prorate each district's |
2714 | allocation. This provision shall be implemented to the extent |
2715 | specifically funded. |
2716 | (10)(9) TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT |
2717 | FOR CURRENT OPERATION.--The total annual state allocation to |
2718 | each district for current operation for the FEFP shall be |
2719 | distributed periodically in the manner prescribed in the General |
2720 | Appropriations Act. |
2721 | (a) The basic amount for current operation for the FEFP as |
2722 | determined in subsection (1), multiplied by the district cost |
2723 | differential factor as determined in subsection (2), plus the |
2724 | amounts provided for categorical components within the FEFP, |
2725 | plus the amount for the sparsity supplement as determined in |
2726 | subsection (6), the decline in full-time equivalent students as |
2727 | determined in subsection (7), the research-based reading |
2728 | instruction allocation as determined in subsection (8), and the |
2729 | quality assurance guarantee as determined in subsection (9)(8), |
2730 | less the required local effort as determined in subsection (4). |
2731 | If the funds appropriated for the purpose of funding the total |
2732 | amount for current operation as provided in this paragraph are |
2733 | not sufficient to pay the state requirement in full, the |
2734 | department shall prorate the available state funds to each |
2735 | district in the following manner: |
2736 | 1. Determine the percentage of proration by dividing the |
2737 | sum of the total amount for current operation, as provided in |
2738 | this paragraph for all districts collectively, and the total |
2739 | district required local effort into the sum of the state funds |
2740 | available for current operation and the total district required |
2741 | local effort. |
2742 | 2. Multiply the percentage so determined by the sum of the |
2743 | total amount for current operation as provided in this paragraph |
2744 | and the required local effort for each individual district. |
2745 | 3. From the product of such multiplication, subtract the |
2746 | required local effort of each district; and the remainder shall |
2747 | be the amount of state funds allocated to the district for |
2748 | current operation. |
2749 | (b) The amount thus obtained shall be the net annual |
2750 | allocation to each school district. However, if it is determined |
2751 | that any school district received an underallocation or |
2752 | overallocation for any prior year because of an arithmetical |
2753 | error, assessment roll change, full-time equivalent student |
2754 | membership error, or any allocation error revealed in an audit |
2755 | report, the allocation to that district shall be appropriately |
2756 | adjusted. Beginning with audits for the 2001-2002 fiscal year, |
2757 | if the adjustment is the result of an audit finding in which |
2758 | group 2 FTE are reclassified to the basic program and the |
2759 | district weighted FTE are over the weighted enrollment ceiling |
2760 | for group 2 programs, the adjustment shall not result in a gain |
2761 | of state funds to the district. If the Department of Education |
2762 | audit adjustment recommendation is based upon controverted |
2763 | findings of fact, the Commissioner of Education is authorized to |
2764 | establish the amount of the adjustment based on the best |
2765 | interests of the state. |
2766 | (c) The amount thus obtained shall represent the net |
2767 | annual state allocation to each district; however, |
2768 | notwithstanding any of the provisions herein, each district |
2769 | shall be guaranteed a minimum level of funding in the amount and |
2770 | manner prescribed in the General Appropriations Act. |
2771 | Section 43. Paragraph (a) of subsection (2) of section |
2772 | 1011.64, Florida Statutes, is amended to read: |
2773 | 1011.64 School district minimum classroom expenditure |
2774 | requirements.-- |
2775 | (2) For the purpose of implementing the provisions of this |
2776 | section, the Legislature shall prescribe minimum academic |
2777 | performance standards and minimum classroom expenditure |
2778 | requirements for districts not meeting such minimum academic |
2779 | performance standards in the General Appropriations Act. |
2780 | (a) Minimum academic performance standards may be based |
2781 | on, but are not limited to, district performance grades |
2782 | determined pursuant to s. 1008.34(7)(8). |
2783 | Section 44. Section 1011.67, Florida Statutes, is amended |
2784 | to read: |
2785 | 1011.67 Funds for instructional materials.-- |
2786 | (1) The department is authorized to allocate and |
2787 | distribute to each district an amount as prescribed annually by |
2788 | the Legislature for instructional materials for student |
2789 | membership in basic and special programs in grades K-12, which |
2790 | will provide for growth and maintenance needs. For purposes of |
2791 | this subsection section, unweighted full-time equivalent |
2792 | students enrolled in the lab schools in state universities are |
2793 | to be included as school district students and reported as such |
2794 | to the department. These funds shall be distributed to school |
2795 | districts as follows: 50 percent on or about July 10; 35 percent |
2796 | on or about October 10; 10 percent on or about January 10; and 5 |
2797 | percent on or about June 10. The annual allocation shall be |
2798 | determined as follows: |
2799 | (a)(1) The growth allocation for each school district |
2800 | shall be calculated as follows: |
2801 | 1.(a) Subtract from that district's projected full-time |
2802 | equivalent membership of students in basic and special programs |
2803 | in grades K-12 used in determining the initial allocation of the |
2804 | Florida Education Finance Program, the prior year's full-time |
2805 | equivalent membership of students in basic and special programs |
2806 | in grades K-12 for that district. |
2807 | 2.(b) Multiply any such increase in full-time equivalent |
2808 | student membership by the allocation for a set of instructional |
2809 | materials, as determined by the department, or as provided for |
2810 | in the General Appropriations Act. |
2811 | 3.(c) The amount thus determined shall be that district's |
2812 | initial allocation for growth for the school year. However, the |
2813 | department shall recompute and adjust the initial allocation |
2814 | based on actual full-time equivalent student membership data for |
2815 | that year. |
2816 | (b)(2) The maintenance of the instructional materials |
2817 | allocation for each school district shall be calculated by |
2818 | multiplying each district's prior year full-time equivalent |
2819 | membership of students in basic and special programs in grades |
2820 | K-12 by the allocation for maintenance of a set of instructional |
2821 | materials as provided for in the General Appropriations Act. The |
2822 | amount thus determined shall be that district's initial |
2823 | allocation for maintenance for the school year; however, the |
2824 | department shall recompute and adjust the initial allocation |
2825 | based on such actual full-time equivalent student membership |
2826 | data for that year. |
2827 | (c)(3) In the event the funds appropriated are not |
2828 | sufficient for the purpose of implementing this subsection |
2829 | section in full, the department shall prorate the funds |
2830 | available for instructional materials after first funding in |
2831 | full each district's growth allocation. |
2832 | (2) Annually by July 1 and prior to the release of |
2833 | instructional materials funds, each district school |
2834 | superintendent shall certify to the Commissioner of Education |
2835 | that the district school board has approved a comprehensive |
2836 | staff development plan that requires fidelity of implementation |
2837 | of instructional materials that are in the first 2 years of the |
2838 | adoption cycle and that the district intends to purchase. The |
2839 | staff development plan must provide for training for each |
2840 | teacher who will use the materials, provide inservice credit for |
2841 | the training, and document satisfactory completion of the |
2842 | training by each teacher. The superintendent shall annually |
2843 | report to the district school board on the implementation of the |
2844 | plan. The report shall include verification that training was |
2845 | provided, that teachers satisfactorily completed the training, |
2846 | and that the materials are being implemented as designed. The |
2847 | district's collective bargaining agreement shall not be used as |
2848 | a barrier to compliance with this subsection. |
2849 | Section 45. Paragraph (b) of subsection (2) of section |
2850 | 1011.685, Florida Statutes, is amended to read: |
2851 | 1011.685 Class size reduction; operating categorical |
2852 | fund.-- |
2853 | (2) Class size reduction operating categorical funds shall |
2854 | be used by school districts for the following: |
2855 | (b) For any lawful operating expenditure, if the district |
2856 | has met the constitutional maximums identified in s. 1003.03(1) |
2857 | or the reduction of two students per year required by s. |
2858 | 1003.03(2); however, priority shall be given to increase |
2859 | salaries of classroom teachers as defined in s. 1012.01(2)(a) |
2860 | and to implement the performance-pay incentive and the |
2861 | differentiated pay detailed in s. 1012.22(1)(c) salary career |
2862 | ladder defined in s. 1012.231. |
2863 | Section 46. Subsection (1) of section 1011.71, Florida |
2864 | Statutes, is amended to read: |
2865 | 1011.71 District school tax.-- |
2866 | (1) If the district school tax is not provided in the |
2867 | General Appropriations Act or the substantive bill implementing |
2868 | the General Appropriations Act, each district school board |
2869 | desiring to participate in the state allocation of funds for |
2870 | current operation as prescribed by s. 1011.62(10)(9) shall levy |
2871 | on the taxable value for school purposes of the district, |
2872 | exclusive of millage voted under the provisions of s. 9(b) or s. |
2873 | 12, Art. VII of the State Constitution, a millage rate not to |
2874 | exceed the amount certified by the commissioner as the minimum |
2875 | millage rate necessary to provide the district required local |
2876 | effort for the current year, pursuant to s. 1011.62(4)(a)1. In |
2877 | addition to the required local effort millage levy, each |
2878 | district school board may levy a nonvoted current operating |
2879 | discretionary millage. The Legislature shall prescribe annually |
2880 | in the appropriations act the maximum amount of millage a |
2881 | district may levy. The millage rate prescribed shall exceed zero |
2882 | mills but shall not exceed the lesser of 1.6 mills or 25 percent |
2883 | of the millage which is required pursuant to s. 1011.62(4), |
2884 | exclusive of millage levied pursuant to subsection (2). |
2885 | Section 47. Subsection (6) is added to section 1012.21, |
2886 | Florida Statutes, to read: |
2887 | 1012.21 Department of Education duties; K-12 personnel.-- |
2888 | (6) REPORTING.--The Department of Education shall annually |
2889 | post online links to each school district's collectively |
2890 | bargained contracts and the salary and benefits of the personnel |
2891 | or officers of any educator association that were paid by the |
2892 | school district pursuant to s. 1012.22. |
2893 | Section 48. Paragraph (c) of subsection (1) of section |
2894 | 1012.22, Florida Statutes, is amended to read: |
2895 | 1012.22 Public school personnel; powers and duties of the |
2896 | district school board.--The district school board shall: |
2897 | (1) Designate positions to be filled, prescribe |
2898 | qualifications for those positions, and provide for the |
2899 | appointment, compensation, promotion, suspension, and dismissal |
2900 | of employees as follows, subject to the requirements of this |
2901 | chapter: |
2902 | (c) Compensation and salary schedules.-- |
2903 | 1. The district school board shall adopt a salary schedule |
2904 | or salary schedules designed to furnish incentives for |
2905 | improvement in training and for continued efficient service to |
2906 | be used as a basis for paying all school employees and fix and |
2907 | authorize the compensation of school employees on the basis |
2908 | thereof. |
2909 | 2. A district school board, in determining the salary |
2910 | schedule for instructional personnel, must base a portion of |
2911 | each employee's compensation on performance demonstrated under |
2912 | s. 1012.34, must consider the prior teaching experience of a |
2913 | person who has been designated state teacher of the year by any |
2914 | state in the United States, and must consider prior professional |
2915 | experience in the field of education gained in positions in |
2916 | addition to district level instructional and administrative |
2917 | positions. |
2918 | 3. In developing the salary schedule, the district school |
2919 | board shall seek input from parents, teachers, and |
2920 | representatives of the business community. |
2921 | 4. Beginning with the 2002-2003 fiscal year, each district |
2922 | school board must adopt a performance-pay policy for school |
2923 | administrators and instructional personnel. The district's |
2924 | performance-pay policy is subject to negotiation as provided in |
2925 | chapter 447; however, the adopted salary schedule must allow |
2926 | school administrators and instructional personnel who |
2927 | demonstrate outstanding performance, as measured under s. |
2928 | 1012.34, to earn a 5-percent supplement in addition to their |
2929 | individual, negotiated salary. The supplements shall be funded |
2930 | from the performance-pay reserve funds adopted in the salary |
2931 | schedule. Beginning with the 2004-2005 academic year, the |
2932 | district's 5-percent performance-pay policy must provide for the |
2933 | evaluation of classroom teachers within each level of the salary |
2934 | career ladder provided in s. 1012.231. The Commissioner of |
2935 | Education shall determine whether the district school board's |
2936 | adopted policy and salary schedule complies with the requirement |
2937 | for performance-based pay. If the district school board fails to |
2938 | comply with this section, the commissioner may shall withhold |
2939 | disbursements from the Educational Enhancement Trust Fund to the |
2940 | district and take any other measure provided by law necessary to |
2941 | ensure compliance until compliance is verified. |
2942 | 5. Beginning with the 2007-2008 academic year, each |
2943 | district school board shall adopt a salary schedule with |
2944 | differentiated pay for both instructional personnel and school- |
2945 | based administrators. The salary schedule is subject to |
2946 | negotiation as provided in chapter 447 and must allow |
2947 | differentiated pay based on district-determined factors, |
2948 | including, but not limited to, additional responsibilities, |
2949 | school demographics, critical shortage areas, and level of job |
2950 | performance difficulties. |
2951 | Section 49. Section 1012.2315, Florida Statutes, is |
2952 | created to read: |
2953 | 1012.2315 Assignment of teachers.-- |
2954 | (1) LEGISLATIVE FINDINGS AND INTENT.--The Legislature |
2955 | finds disparity between teachers assigned to teach in a majority |
2956 | of "A" graded schools compared to teachers assigned to teach in |
2957 | a majority of "F" graded schools. The disparity can be found in |
2958 | the average years of experience, the median salary, and the |
2959 | performance of the teachers on teacher certification |
2960 | examinations. It is the intent of the Legislature that district |
2961 | school boards have flexibility through the collective bargaining |
2962 | process to assign teachers more equitably across the schools in |
2963 | the district. |
2964 | (2) ASSIGNMENT TO SCHOOLS GRADED "D" OR "F."--School |
2965 | districts may not assign a higher percentage than the school |
2966 | district average of first-time teachers, temporarily certified |
2967 | teachers, teachers in need of improvement, or out-of-field |
2968 | teachers to schools with above the school district average of |
2969 | minority and economically disadvantaged students or schools that |
2970 | are graded "D" or "F." Each school district shall annually |
2971 | certify to the Commissioner of Education that this requirement |
2972 | has been met. If the commissioner determines that a school |
2973 | district is not in compliance with this subsection, the State |
2974 | Board of Education shall be notified and shall take action |
2975 | pursuant to s. 1008.32 in the next regularly scheduled meeting |
2976 | to require compliance. |
2977 | Section 50. Subsection (2) of section 1012.27, Florida |
2978 | Statutes, is amended to read: |
2979 | 1012.27 Public school personnel; powers and duties of |
2980 | district school superintendent.--The district school |
2981 | superintendent is responsible for directing the work of the |
2982 | personnel, subject to the requirements of this chapter, and in |
2983 | addition the district school superintendent shall perform the |
2984 | following: |
2985 | (2) COMPENSATION AND SALARY SCHEDULES.--Prepare and |
2986 | recommend to the district school board for adoption a salary |
2987 | schedule or salary schedules. The district school superintendent |
2988 | must recommend a salary schedule for instructional personnel |
2989 | which bases a portion of each employee's compensation on |
2990 | performance demonstrated under s. 1012.34. In developing the |
2991 | recommended salary schedule, the district school superintendent |
2992 | shall include input from parents, teachers, and representatives |
2993 | of the business community. Beginning with the 2006-2007 2004- |
2994 | 2005 academic year, the recommended salary schedule for |
2995 | classroom teachers shall be consistent with the district's |
2996 | performance-pay policy under s. 1012.22(1)(c) and, beginning |
2997 | with the 2007-2008 academic year, the district's differentiated |
2998 | pay under s. 1012.22(1)(c) career ladder based upon s. 1012.231. |
2999 | Section 51. Subsection (6) of section 1012.28, Florida |
3000 | Statutes, is amended to read: |
3001 | 1012.28 Public school personnel; duties of school |
3002 | principals.-- |
3003 | (6) A school principal who fails to comply with this |
3004 | section shall be ineligible for any portion of the performance- |
3005 | pay performance pay policy incentive or the differentiated pay |
3006 | under s. 1012.22(1)(c). |
3007 | Section 52. Paragraph (a) of subsection (3) of section |
3008 | 1012.34, Florida Statutes, is amended to read: |
3009 | 1012.34 Assessment procedures and criteria.-- |
3010 | (3) The assessment procedure for instructional personnel |
3011 | and school administrators must be primarily based on the |
3012 | performance of students assigned to their classrooms or schools, |
3013 | as appropriate. Pursuant to this section, a school district's |
3014 | performance assessment is not limited to basing unsatisfactory |
3015 | performance of instructional personnel and school administrators |
3016 | upon student performance, but may include other criteria |
3017 | approved to assess instructional personnel and school |
3018 | administrators' performance, or any combination of student |
3019 | performance and other approved criteria. The procedures must |
3020 | comply with, but are not limited to, the following requirements: |
3021 | (a) An assessment must be conducted for each employee at |
3022 | least once a year. The assessment must be based upon sound |
3023 | educational principles and contemporary research in effective |
3024 | educational practices. The assessment must primarily use data |
3025 | and indicators of improvement in student performance assessed |
3026 | annually as specified in s. 1008.22 and may consider results of |
3027 | peer reviews in evaluating the employee's performance. Student |
3028 | performance must be measured by state assessments required under |
3029 | s. 1008.22 and by local assessments for subjects and grade |
3030 | levels not measured by the state assessment program. The |
3031 | assessment criteria must include, but are not limited to, |
3032 | indicators 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 |
3036 | shall make special provisions for evaluating teachers who are |
3037 | assigned to teach out-of-field. |
3038 | 4. Ability to plan and deliver instruction, including |
3039 | implementation of the rigorous reading requirement pursuant to |
3040 | s. 1003.415, when applicable, and the use of technology in the |
3041 | classroom. |
3042 | 5. Ability to evaluate instructional needs. |
3043 | 6. Ability to establish and maintain a positive |
3044 | collaborative relationship with students' families to increase |
3045 | student achievement. |
3046 | 7. Other professional competencies, responsibilities, and |
3047 | requirements as established by rules of the State Board of |
3048 | Education and policies of the district school board. |
3049 | Section 53. Subsection (4) of section 1012.56, Florida |
3050 | Statutes, is amended to read: |
3051 | 1012.56 Educator certification requirements.-- |
3052 | (4) MASTERY OF SUBJECT AREA KNOWLEDGE.--Acceptable means |
3053 | of demonstrating mastery of subject area knowledge are: |
3054 | (a) Achievement of passing scores on subject area |
3055 | examinations required by state board rule; |
3056 | (b) Completion of the subject area specialization |
3057 | requirements specified in state board rule and verification of |
3058 | the attainment of the essential subject matter competencies by |
3059 | the district school superintendent of the employing school |
3060 | district or chief administrative officer of the employing state- |
3061 | supported or private school for a subject area for which a |
3062 | subject area examination has not been developed and required by |
3063 | state board rule; |
3064 | (c) Completion of the subject area specialization |
3065 | requirements specified in state board rule for a subject |
3066 | coverage requiring a master's or higher degree and achievement |
3067 | of a passing score on the subject area examination specified in |
3068 | state board rule; |
3069 | (d) A valid professional standard teaching certificate |
3070 | issued by another state; or |
3071 | (e) A valid certificate issued by the National Board for |
3072 | Professional Teaching Standards or a national educator |
3073 | credentialing board approved by the State Board of Education. |
3074 |
|
3075 | School districts are encouraged to provide mechanisms for those |
3076 | middle school teachers holding only a K-6 teaching certificate |
3077 | to obtain a subject area coverage for middle grades through |
3078 | postsecondary coursework or district subject content |
3079 | professional development activities to assist in the preparation |
3080 | for earning a passing score on the subject area examination |
3081 | required for add-on certification. |
3082 | Section 54. Section 1012.986, Florida Statutes, is created |
3083 | to read: |
3084 | 1012.986 William Cecil Golden Professional Development |
3085 | Program for School Leaders.-- |
3086 | (1) ESTABLISHMENT.--There is established the William Cecil |
3087 | Golden Professional Development Program for School Leaders, a |
3088 | high-quality, competency-based, customized, comprehensive, and |
3089 | coordinated statewide professional development program that is |
3090 | aligned with the leadership standards for school leaders adopted |
3091 | by the State Board of Education. The program shall be |
3092 | administered by the Department of Education and shall provide |
3093 | leadership training opportunities for school leaders to enable |
3094 | them to be more effective instructional leaders, especially in |
3095 | the area of reading. The program shall provide school leaders |
3096 | with the opportunity to attain a school leadership designation |
3097 | pursuant to subsection (3). |
3098 | (2) DEFINITION.--As used in this section, the term "school |
3099 | leader" means a school principal or assistant principal holding |
3100 | a valid Florida certificate in educational leadership. |
3101 | (3) DESIGNATIONS.--The Department of Education shall |
3102 | develop criteria for designating high-performing school leaders. |
3103 | The criteria must emphasize student learning gains, especially |
3104 | in high schools. |
3105 | (4) PROGRAM REQUIREMENTS.-- |
3106 | (a) The program shall be based upon the leadership |
3107 | standards adopted by the State Board of Education, the standards |
3108 | of the National Staff Development Council, and the federal |
3109 | requirements for high-quality professional development under the |
3110 | No Child Left Behind Act of 2001. |
3111 | (b) The program shall provide a competency-based approach |
3112 | that utilizes prediagnostic and postdiagnostic evaluations that |
3113 | shall be used to create an individualized professional |
3114 | development plan approved by the district school superintendent. |
3115 | The plan shall be structured to support the school leader's |
3116 | attainment of the leadership standards adopted by the State |
3117 | Board of Education. |
3118 | (c) The program shall incorporate instructional leadership |
3119 | training and effective business practices for efficient school |
3120 | operations in school leadership training. |
3121 | (5) DELIVERY SYSTEMS.--The Department of Education shall |
3122 | deliver the program through multiple delivery systems, |
3123 | including: |
3124 | (a) Approved school district training programs. |
3125 | (b) Interactive technology-based instruction. |
3126 | (c) Regional consortium service organizations pursuant to |
3127 | s. 1001.451. |
3128 | (6) RULES.--The State Board of Education shall adopt rules |
3129 | pursuant to ss. 120.536(1) and 120.54 to implement the |
3130 | provisions of this section. |
3131 | Section 55. Section 1012.987, Florida Statutes, is |
3132 | repealed. |
3133 | Section 56. This act shall take effect upon becoming a |
3134 | law. |