HB 7087

CS

CHAMBER ACTION

1	The Education Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to education; amending s. 11.90, F.S.;
7	authorizing the Legislative Budget Commission to review a
8	state plan to implement federal requirements; amending s.
9	20.15, F.S.; establishing the Division of Accountability,
10	Research, and Measurement in the Department of Education;
11	amending s. 411.227, F.S.; conforming provisions relating
12	to student progress monitoring plans; amending s. 1000.03,
13	F.S.; revising the mission of the state's K-20 education
14	system; repealing s. 1000.041, F.S., to conform provisions
15	relating to the 2005 repeal of the BEST Florida Teaching
16	salary career ladder program; amending s. 1001.02, F.S.;
17	requiring legislative review of a revised state plan to
18	implement certain federal requirements; amending s.
19	1001.03, F.S.; requiring periodic review of Sunshine State
20	Standards subject areas and an annual status report;
21	requiring rules for certain teachers to earn a reading
22	credential equivalent; requiring the maintenance of a
23	uniform school district personnel classification system;
24	amending s. 1001.10, F.S.; requiring legislative review of
25	a revised state plan to implement certain federal
26	requirements; creating s. 1001.215, F.S.; creating the
27	Just Read, Florida! Office in the Department of Education;
28	providing duties; amending s. 1001.33, F.S.; conforming
29	provisions relating to the 2005 repeal of the BEST Florida
30	Teaching salary career ladder program; amending s.
31	1001.41, F.S.; requiring district school boards to adopt
32	standards and policies to provide each student a complete
33	education program; amending s. 1001.42, F.S.; providing a
34	district school board requirement relating to the opening
35	date of the school year; conforming provisions relating to
36	the 2005 repeal of the BEST Florida Teaching salary career
37	ladder program; providing requirements for each school
38	district's system of school improvement and student
39	progression; revising requirements for school improvement
40	plans; requiring alignment with the Sunshine State
41	Standards; revising format and content of public
42	disclosure reports; conforming provisions relating to
43	deletion of a rigorous reading requirement and the
44	designation of school grades; requiring measures for
45	reducing paperwork, data collection, and reporting
46	requirements; requiring a school district task force to
47	reduce paper and electronic reporting requirements;
48	repealing s. 1001.51(24), F.S., and amending s. 1001.54,
49	F.S.; conforming provisions relating to the 2005 repeal of
50	the BEST Florida Teaching salary career ladder program;
51	revising provisions relating to duties of school
52	principals; amending s. 1002.20, F.S.; conforming
53	provisions relating to student progress monitoring plans;
54	amending s. 1003.01, F.S.; revising definition of the term
55	"special education services"; amending s. 1003.03, F.S.;
56	authorizing use of co-teaching or team teaching as an
57	option to meet the constitutional class size maximums and
58	to determine the teacher-to-student ratio per classroom
59	under certain circumstances; amending s. 1003.05, F.S.;
60	deleting the requirement that certain children receive
61	preference for admission to special academic programs even
62	if maximum enrollment has been reached; revising programs
63	defined as "special academic programs" for purposes of
64	such preference; amending s. 1003.21, F.S.; requiring
65	student exit interviews prior to terminating school
66	enrollment; creating s. 1003.413, F.S., relating to
67	secondary school reform; providing intent and guiding
68	principles; requiring district school boards to establish
69	policies to implement requirements for middle grades
70	promotion, revised requirements for high school
71	graduation, and requirements for career and professional
72	academies; requiring policy approval and department
73	support for implementation; directing the Commissioner of
74	Education to create and implement the Secondary School
75	Improvement Award Program; repealing s. 1003.415, F.S.,
76	the Middle Grades Reform Act; creating s. 1003.4156, F.S.;
77	providing general course requirements for middle grades
78	promotion; requiring intensive reading and mathematics
79	courses in certain circumstances; authorizing rulemaking
80	and enforcement; amending s. 1003.42, F.S.; providing for
81	required instruction for middle grades promotion; creating
82	s. 1003.428, F.S.; establishing revised general
83	requirements for high school graduation; providing
84	applicability beginning with 2007-2008 first-year high
85	school students; requiring completion of specified credits
86	or a specified curriculum; requiring strategies for
87	exceptional students to meet graduation requirements;
88	requiring standards for graduation; requiring rules for
89	test accommodations and modifications in certain cases;
90	providing requirements for standard diplomas and
91	certificates of completion with exceptions; authorizing
92	rulemaking and enforcement; amending s. 1003.437, F.S.;
93	including middle grades in the uniform grading system;
94	repealing s. 1003.492(3) and (4), F.S., relating to
95	department studies of student performance in industry-
96	certified career education programs; creating s. 1003.493,
97	F.S.; defining career and professional academies and
98	specifying goals of the academies; providing requirements
99	of academies relating to curriculum, partnerships,
100	instruction, career education certification, and
101	evaluation; amending s. 1003.51, F.S.; conforming
102	provisions relating to student progress monitoring plans;
103	amending s. 1003.52, F.S.; conforming provisions relating
104	to student progress monitoring plans; amending s. 1003.57,
105	F.S.; providing guidelines for determining the residency
106	of a student who receives instruction as an exceptional
107	student with a disability; requiring the student's placing
108	authority or parent to pay the cost of such instruction,
109	facilities, and services; providing responsibilities of
110	the department; providing responsibilities of residential
111	facilities that educate exceptional students with
112	disabilities; providing applicability; creating s.
113	1003.576, F.S.; requiring the department to develop an
114	individual education plan form for use in developing and
115	implementing individual education plans for exceptional
116	students; requiring school districts to use the form;
117	amending s. 1003.58, F.S.; correcting a cross-reference;
118	amending s. 1003.62, F.S.; conforming provisions relating
119	to the designation of school grades and differentiated pay
120	for school administrators and instructional personnel;
121	creating s. 1004.99, F.S., the Florida Ready to Work
122	Certification Program to enhance student workplace skills;
123	providing for program implementation and requirements;
124	authorizing rulemaking; amending s. 1006.09, F.S.;
125	conforming provisions relating to differentiated pay;
126	amending s. 1007.2615, F.S.; revising provisions for
127	certification of American Sign Language teachers; amending
128	s. 1008.22, F.S.; specifying FCAT grade level and subject
129	area testing requirements; requiring documentation of
130	procedures that ensure test difficulty under certain
131	circumstances; providing that FCAT nonallowable
132	accommodations may be used as instructional accommodations
133	during classroom instruction if included in the individual
134	education plan of a student with a disability; authorizing
135	waiver of the FCAT under certain circumstances; requiring
136	certain opportunities for demonstrating student
137	performance; requiring the development of assessments for
138	measuring the academic competency of students with
139	disabilities; requiring the Commissioner of Education to
140	adopt scores concordant to FCAT scores required for high
141	school graduation; authorizing use of concordant scores
142	for additional purposes; clarifying eligibility to use
143	such scores to satisfy requirements for a diploma;
144	requiring an annual report on student performance;
145	repealing s. 1008.221, F.S., relating to alternative
146	assessments for dependent children of military personnel,
147	to conform; amending s. 1008.25, F.S.; replacing student
148	academic improvement plans with progress monitoring plans;
149	authorizing district school boards to require low-
150	performing students to attend remediation programs outside
151	of regular school hours or during the summer; requiring
152	the department to establish a uniform format for reporting
153	information relating to student progression; requiring an
154	annual report; repealing s. 1008.301, F.S., relating to a
155	concordance study of FCAT equivalencies for high school
156	graduation; amending s. 1008.31, F.S.; revising intent,
157	goals, and measures of the K-20 performance accountability
158	system and requiring data quality improvements; requiring
159	adoption of rules; amending s. 1008.33, F.S.; conforming a
160	cross-reference and provisions relating to the designation
161	of school grades; authorizing principals to recommend
162	corrective actions for low-performing faculty and staff at
163	"F" graded schools and publication of a school's grade;
164	amending s. 1008.34, F.S.; revising terminology and
165	provisions relating to designation and determination of
166	school grades; providing for school grading of feeder
167	pattern schools; defining a feeder pattern school;
168	providing for school grading for alternative schools and
169	specifying requirements related thereto; defining the term
170	"home school" for purposes of assessment; requiring an
171	annual school report card to be published by the
172	department and distributed by school districts; creating
173	s. 1008.341, F.S.; providing for school improvement
174	ratings for certain alternative schools; providing the
175	basis for such ratings and requiring annual performance
176	reports; providing for determination of school improvement
177	ratings, identification of student learning gains, and
178	eligibility for school recognition awards; requiring the
179	development and distribution of an annual school report
180	card; authorizing adoption of rules; amending s. 1008.345,
181	F.S.; conforming a cross-reference and provisions relating
182	to the designation of school grades; providing conditions
183	for determination of a school district or a governing
184	board with a school in a state of educational emergency;
185	providing procedures to resolve the educational emergency,
186	including state assistance; authorizing establishment of
187	an educational emergency board and providing duties
188	thereof; providing for an action plan to implement
189	recommendations; amending s. 1008.36, F.S.; authorizing
190	certain feeder pattern schools and alternative schools to
191	participate in the Florida School Recognition Program;
192	modifying procedures for determination and use of school
193	recognition awards; amending s. 1011.62, F.S.; providing
194	FTE funding for juveniles enrolled in specified education
195	programs; conforming cross-references and provisions
196	relating to the designation of school grades; establishing
197	a research-based reading instruction allocation to provide
198	funds for a comprehensive reading instruction system;
199	requiring school district plans for use of the allocation
200	and approval thereof; including the allocation in the
201	total amount allocated to each school district for current
202	operation; amending s. 1011.64, F.S.; conforming
203	terminology and a cross-reference; amending s. 1011.67,
204	F.S.; requiring district school board approval of a staff
205	development plan relating to use of instructional
206	materials; amending s. 1011.685, F.S.; conforming
207	provisions relating to the 2005 repeal of the BEST Florida
208	Teaching salary career ladder program and implementation
209	of differentiated pay; amending s. 1011.71, F.S.;
210	correcting a cross-reference; amending s. 1012.21, F.S.;
211	requiring department reporting relating to school district
212	collectively bargained contracts and the salary and
213	benefits of certain personnel; amending s. 1012.22, F.S.;
214	revising a district school board deadline for acting on
215	certain personnel nominations; requiring each district
216	school board to adopt a salary schedule with
217	differentiated pay for instructional personnel and school-
218	based administrators beginning with the 2007-2008 academic
219	year; creating s. 1012.2315, F.S.; providing school
220	district requirements for the assignment of teachers and
221	providing procedures for noncompliance; amending s.
222	1012.27, F.S.; conforming provisions relating to the 2005
223	repeal of the BEST Florida Teaching salary career ladder
224	program and implementation of differentiated pay; amending
225	s. 1012.28, F.S.; conforming provisions relating to
226	differentiated pay; amending s. 1012.34, F.S.; conforming
227	provisions relating to deletion of a rigorous reading
228	requirement; amending s. 1012.56, F.S.; encouraging school
229	districts to provide mechanisms for teachers to obtain
230	subject area coverage for middle grades; creating s.
231	1012.986, F.S.; establishing the William Cecil Golden
232	Professional Development Program for School Leaders;
233	defining the term "school leader"; providing for school
234	leader designations; providing program requirements and
235	delivery systems; requiring adoption of rules; repealing
236	s. 1012.987, F.S., which requires the State Board of
237	Education to adopt rules through which school principals
238	may earn a leadership designation; providing an effective
239	date.
240
241	WHEREAS, students will have the best opportunity to obtain
242	a high-quality education in the public education system of this
243	state and that system can best be enhanced when resources are
244	allocated efficiently and are concentrated in a rigorous and
245	relevant classroom learning environment, when teachers and
246	principals are supported, when high-quality educational
247	opportunity is reinforced through shared high academic and
248	career expectations, when accurate data is consistently
249	maintained and used to drive systemwide decisionmaking, and when
250	successes are rewarded, failures are identified, and the public
251	is apprised of both successes and failures, NOW, THEREFORE,
252
253	Be It Enacted by the Legislature of the State of Florida:
254
255	Section 1.  Subsection (8) is added to section 11.90,
256	Florida Statutes, to read:
257	11.90  Legislative Budget Commission.--
258	(8)  Upon the 2007 reauthorization of the federal No Child
259	Left Behind Act of 2001, the commission may review the proposed
260	state plan of the State Board of Education and the Commissioner
261	of Education before that plan is submitted.
262	Section 2.  Paragraph (f) is added to subsection (3) of
263	section 20.15, Florida Statutes, to read:
264	20.15  Department of Education.--There is created a
265	Department of Education.
266	(3)  DIVISIONS.--The following divisions of the Department
267	of Education are established:
268	(f)  Division of Accountability, Research, and Measurement.
269	Section 3.  Paragraph (b) of subsection (3) of section
270	411.227, Florida Statutes, is amended to read:
271	411.227  Components of the Learning Gateway.--The Learning
272	Gateway system consists of the following components:
273	(3)  EARLY EDUCATION, SERVICES AND SUPPORTS.--
274	(b)  Demonstration projects shall develop strategies to
275	increase the use of appropriate intervention practices with
276	children who have learning problems and learning disabilities
277	within public and private early care and education programs and
278	K-3 public and private school settings. Strategies may include
279	training and technical assistance teams. Intervention must be
280	coordinated and must focus on providing effective supports to
281	children and their families within their regular education and
282	community environment. These strategies must incorporate, as
283	appropriate, school and district activities related to the
284	student's progress monitoring academic improvement plan and must
285	provide parents with greater access to community-based services
286	that should be available beyond the traditional school day.
287	Academic expectations for public school students in grades K-3
288	must be based upon the local school board's adopted proficiency
289	levels. When appropriate, school personnel shall consult with
290	the local Learning Gateway to identify other community resources
291	for supporting the child and the family.
292	Section 4.  Subsection (4) of section 1000.03, Florida
293	Statutes, is amended to read:
294	1000.03  Function, mission, and goals of the Florida K-20
295	education system.--
296	(4)  The mission of Florida's K-20 education system is to
297	allow its students to increase their proficiency by allowing
298	them the opportunity to expand their knowledge and skills
299	through high-quality, rigorous, relevant adequate learning
300	opportunities, in accordance with the mission statement and
301	accountability requirements of s. 1008.31.
302	Section 5.  Section 1000.041, Florida Statutes, is
303	repealed.
304	Section 6.  Paragraph (g) of subsection (2) of section
305	1001.02, Florida Statutes, is amended to read:
306	1001.02  General powers of State Board of Education.--
307	(2)  The State Board of Education has the following duties:
308	(g)  To approve plans for cooperating with the Federal
309	Government. Upon the 2007 reauthorization of the federal No
310	Child Left Behind Act of 2001, the Commissioner of Education
311	shall seek public input and secure legislative review of the
312	revised state plan prior to submission.
313	Section 7.  Subsections (1), (3), and (14) of section
314	1001.03, Florida Statutes, are amended to read:
315	1001.03  Specific powers of State Board of Education.--
316	(1)  PUBLIC K-12 STUDENT PERFORMANCE STANDARDS.--The State
317	Board of Education shall approve the student performance
318	standards known as the Sunshine State Standards in key academic
319	subject areas and grade levels. The state board shall establish
320	a schedule to facilitate the periodic review of each subject
321	area to maintain rigor, relevance, integration, and
322	reinforcement for student achievement and articulation and
323	evaluate how the standards are taught at each grade level. The
324	review teams for each Sunshine State Standards subject area must
325	include representatives from each other Sunshine State Standards
326	subject area to support valid integration of content and to
327	address the learning styles and instructional needs of all
328	students. Each review team must address the following:
329	(a)  Rigor, relevance, logical student progression,
330	articulation from grade to grade, and integration of reading,
331	writing, and mathematics.
332	(b)  Timelines for revision of course descriptions,
333	adoption of instructional materials, modifications to the
334	statewide assessment, and enhancements to professional
335	development.
336	(c)  Input from parents, classroom teachers, school and
337	district administrators, community college and university
338	faculty, and business representatives, in collaboration with
339	local education foundations.
340
341	The review schedule and an annual status report must be
342	submitted to the Governor, the President of the Senate, and the
343	Speaker of the House of Representatives annually not later than
344	January 1.
345	(3)  PROFESSIONAL CERTIFICATES.--The State Board of
346	Education shall classify school services, designate the
347	certification subject areas, establish competencies, including
348	the use of technology to enhance student learning, and
349	certification requirements for all school-based personnel, and
350	prescribe rules in accordance with which the professional,
351	temporary, and part-time certificates shall be issued by the
352	Department of Education to applicants who meet the standards
353	prescribed by such rules for their class of service, as
354	described in chapter 1012. The state board shall adopt rules
355	that give part-time and full-time nondegreed teachers of career
356	programs, pursuant to s. 1012.39(1)(c), the opportunity to earn
357	a reading credential equivalent to a reading endorsement.
358	(14)  UNIFORM CLASSIFICATION SYSTEM FOR SCHOOL DISTRICT
359	ADMINISTRATIVE AND MANAGEMENT PERSONNEL.--The State Board of
360	Education shall maintain recommend to the Legislature by
361	February 1, 2003, a uniform classification system for school
362	district administrative and management personnel that will
363	facilitate the uniform coding of administrative and management
364	personnel to total district employees.
365	Section 8.  Section 1001.10, Florida Statutes, is amended
366	to read:
367	1001.10  Commissioner of Education; general powers and
368	duties.--The Commissioner of Education is the chief educational
369	officer of the state and the sole custodian of the K-20 data
370	warehouse, and is responsible for giving full assistance to the
371	State Board of Education in enforcing compliance with the
372	mission and goals of the seamless K-20 education system. To
373	facilitate innovative practices and to allow local selection of
374	educational methods, the State Board of Education may authorize
375	the commissioner to waive, upon the request of a district school
376	board, State Board of Education rules that relate to district
377	school instruction and school operations, except those rules
378	pertaining to civil rights, and student health, safety, and
379	welfare. The Commissioner of Education is not authorized to
380	grant waivers for any provisions in rule pertaining to the
381	allocation and appropriation of state and local funds for public
382	education; the election, compensation, and organization of
383	school board members and superintendents; graduation and state
384	accountability standards; financial reporting requirements;
385	reporting of out-of-field teaching assignments under s. 1012.42;
386	public meetings; public records; or due process hearings
387	governed by chapter 120. No later than January 1 of each year,
388	the commissioner shall report to the Legislature and the State
389	Board of Education all approved waiver requests in the preceding
390	year. Additionally, the commissioner has the following general
391	powers and duties:
392	(1)  To appoint staff necessary to carry out his or her
393	powers and duties.
394	(2)  To advise and counsel with the State Board of
395	Education on all matters pertaining to education; to recommend
396	to the State Board of Education actions and policies as, in the
397	commissioner's opinion, should be acted upon or adopted; and to
398	execute or provide for the execution of all acts and policies as
399	are approved.
400	(3)  To keep such records as are necessary to set forth
401	clearly all acts and proceedings of the State Board of
402	Education.
403	(4)  To have a seal for his or her office with which, in
404	connection with his or her own signature, the commissioner shall
405	authenticate true copies of decisions, acts, or documents.
406	(5)  To recommend to the State Board of Education policies
407	and steps designed to protect and preserve the principal of the
408	State School Fund; to provide an assured and stable income from
409	the fund; to execute such policies and actions as are approved;
410	and to administer the State School Fund.
411	(6)  To take action on the release of mineral rights based
412	upon the recommendations of the Board of Trustees of the
413	Internal Improvement Trust Fund.
414	(7)  To submit to the State Board of Education, on or
415	before August 1 of each year, recommendations for a coordinated
416	K-20 education budget that estimates the expenditures for the
417	State Board of Education, including the Department of Education,
418	the Commissioner of Education, and all of the boards,
419	institutions, agencies, and services under the general
420	supervision of the State Board of Education for the ensuing
421	fiscal year. Any program recommended to the State Board of
422	Education that will require increases in state funding for more
423	than 1 year must be presented in a multiyear budget plan.
424	(8)  To develop and implement a plan for cooperating with
425	the Federal Government in carrying out any or all phases of the
426	educational program and to recommend policies for administering
427	funds that are appropriated by Congress and apportioned to the
428	state for any or all educational purposes. Upon the 2007
429	reauthorization of the federal No Child Left Behind Act of 2001,
430	the commissioner shall seek public input and secure legislative
431	review of the revised state plan prior to submission.
432	(9)  To develop and implement policies for cooperating with
433	other public agencies in carrying out those phases of the
434	program in which such cooperation is required by law or is
435	deemed by the commissioner to be desirable and to cooperate with
436	public and nonpublic agencies in planning and bringing about
437	improvements in the educational program.
438	(10)  To prepare forms and procedures as are necessary to
439	be used by district school boards and all other educational
440	agencies to assure uniformity, accuracy, and efficiency in the
441	keeping of records, the execution of contracts, the preparation
442	of budgets, or the submission of reports; and to furnish at
443	state expense, when deemed advisable by the commissioner, those
444	forms that can more economically and efficiently be provided.
445	(11)  To implement a program of school improvement and
446	education accountability designed to provide all students the
447	opportunity to make adequate learning gains in each year of
448	school as provided by statute and State Board of Education rule
449	based upon the achievement of the state education goals,
450	recognizing the following:
451	(a)  The State Board of Education is the body corporate
452	responsible for the supervision of the system of public
453	education.
454	(b)  The district school board is responsible for school
455	and student performance.
456	(c)  The individual school is the unit for education
457	accountability.
458	(d)  The community college board of trustees is responsible
459	for community college performance and student performance.
460	(e)  The university board of trustees is responsible for
461	university performance and student performance.
462	(12)  To establish a Citizen Information Center responsible
463	for the preparation, publication, and distribution of materials
464	relating to the state system of seamless K-20 public education.
465	(13)  To prepare and publish annually reports giving
466	statistics and other useful information pertaining to the
467	Opportunity Scholarship Program.
468	(14)  To have printed or electronic copies of school laws,
469	forms, instruments, instructions, and rules of the State Board
470	of Education and provide for their distribution.
471	(15)  To develop criteria for use by state instructional
472	materials committees in evaluating materials submitted for
473	adoption consideration. The criteria shall, as appropriate, be
474	based on instructional expectations reflected in curriculum
475	frameworks and student performance standards. The criteria for
476	each subject or course shall be made available to publishers of
477	instructional materials pursuant to the requirements of chapter
478	1006.
479	(16)  To prescribe procedures for evaluating instructional
480	materials submitted by publishers and manufacturers in each
481	adoption.
482
483	The commissioner's office shall operate all statewide functions
484	necessary to support the State Board of Education and the K-20
485	education system, including strategic planning and budget
486	development, general administration, and assessment and
487	accountability.
488	Section 9.  Section 1001.215, Florida Statutes, is created
489	to read:
490	1001.215  Just Read, Florida! Office.--There is created in
491	the Department of Education the Just Read, Florida! Office. The
492	office shall be fully accountable to the Commissioner of
493	Education and shall:
494	(1)  Train highly effective reading coaches.
495	(2)  Create multiple designations of effective reading
496	instruction, with accompanying endorsement credentials, which
497	encourage all teachers to integrate reading instruction into
498	their content areas.
499	(3)  Train K-12 teachers, school principals, and parents on
500	research-based reading instructional strategies and secondary
501	teachers on effective instructional strategies for teaching
502	reading in the content areas with an emphasis on reading for
503	information.
504	(4)  Provide technical assistance to school districts in
505	the development and implementation of district plans for use of
506	the research-based reading instruction allocation provided under
507	s. 1011.62(8) and annually review and approve such plans.
508	(5)  Review, evaluate, and provide technical assistance to
509	school districts on their implementation of the K-12
510	comprehensive reading plan required by s. 1011.62(8).
511	(6)  Provide information on research-based reading programs
512	and effective instructional strategies for teaching reading in
513	the content areas and support for reading for information.
514	(7)  Periodically review the Sunshine State Standards for
515	reading at all grade levels.
516	(8)  Periodically review teacher certification examinations
517	to ascertain whether the examinations measure the skills needed
518	for research-based reading, instructional strategies for
519	teaching reading in the content areas, and support for reading
520	for information.
521	(9)  Work with teacher preparation programs approved
522	pursuant to s. 1004.04 to integrate into teacher preparation
523	programs research-based reading instructional strategies and
524	instructional strategies for teaching reading in the content
525	areas.
526	(10)  Administer grants and perform other functions as
527	necessary to meet the goal that all students read at grade
528	level.
529	Section 10.  Section 1001.33, Florida Statutes, is amended
530	to read:
531	1001.33  Schools under control of district school board and
532	district school superintendent.--
533	(1)  Except as otherwise provided by law, all public
534	schools conducted within the district shall be under the
535	direction and control of the district school board with the
536	district school superintendent as executive officer.
537	(2)  Each district school board, each district school
538	superintendent, and each district and school-based administrator
539	shall cooperate to apply the following guiding principles of
540	Better Educated Students and Teachers (BEST) Florida Teaching:
541	(a)  Teachers lead, students learn.
542	(b)  Teachers maintain orderly, disciplined classrooms
543	conducive to student learning.
544	(c)  Teachers are trained, recruited, well compensated, and
545	retained for quality.
546	(d)  Teachers are well rewarded for their students' high
547	performance.
548	(e)  Teachers are most effective when served by exemplary
549	school administrators.
550	Section 11.  Subsection (3) of section 1001.41, Florida
551	Statutes, is amended to read:
552	1001.41  General powers of district school board.--The
553	district school board, after considering recommendations
554	submitted by the district school superintendent, shall exercise
555	the following general powers:
556	(3)  Prescribe and adopt standards and policies to provide
557	each student the opportunity to receive a complete education
558	program, including language arts, mathematics, science, social
559	studies, health, physical education, foreign languages, and the
560	arts, as defined by the Sunshine State Standards. The standards
561	and policies must emphasize integration and reinforcement of
562	reading, writing, and mathematics skills in a rigorous and
563	relevant context across all subjects, including career and
564	technical education as are considered desirable by it for
565	improving the district school system.
566	Section 12.  Paragraph (f) of subsection (4), paragraph (c)
567	of subsection (5), subsection (16), paragraph (d) of subsection
568	(17), and subsection (18) of section 1001.42, Florida Statutes,
569	are amended, subsection (22) is renumbered as subsection (23),
570	and a new subsection (22) is added to that section, to read:
571	1001.42  Powers and duties of district school board.--The
572	district school board, acting as a board, shall exercise all
573	powers and perform all duties listed below:
574	(4)  ESTABLISHMENT, ORGANIZATION, AND OPERATION OF
575	SCHOOLS.--Adopt and provide for the execution of plans for the
576	establishment, organization, and operation of the schools of the
577	district, including, but not limited to, the following:
578	(f)  Opening and closing of schools; fixing uniform
579	date.--Adopt policies for the opening and closing of schools and
580	fix uniform dates. The opening date of the school year for
581	schools in the district shall be no earlier than 7 days before
582	Labor Day each year; however, the district school board may,
583	with a supermajority vote after a public hearing, establish an
584	earlier opening date which shall be no earlier than August 8 or
585	establish a different opening date for a school on a year-round
586	or an extended calendar.
587	(5)  PERSONNEL.--
588	(c)  Fully support and cooperate in the application of the
589	guiding principles of Better Educated Students and Teachers
590	(BEST) Florida Teaching, pursuant to s. 1000.041.
591	(16)  IMPLEMENT SCHOOL IMPROVEMENT AND
592	ACCOUNTABILITY.--Maintain a system of school improvement and
593	education accountability as provided by statute and State Board
594	of Education rule. This system of school improvement and
595	education accountability shall be consistent with, and
596	implemented through, the district's continuing system of
597	planning and budgeting required by this section and ss.
598	1008.385, 1010.01, and 1011.01. This system of school
599	improvement and education accountability shall include, but is
600	not limited to, the following:
601	(a)  School improvement plans.--Annually approve and
602	require implementation of a new, amended, or continuation school
603	improvement plan for each school in the district, except that a
604	district school board may establish a district school
605	improvement plan that includes all schools in the district
606	operating for the purpose of providing educational services to
607	youth in Department of Juvenile Justice programs. The school
608	improvement Such plan shall be designed to achieve the state
609	education priorities pursuant to s. 1000.03(5) and student
610	proficiency on the Sunshine State Standards pursuant to s.
611	1003.41 performance standards. In addition, any school required
612	to implement a rigorous reading requirement pursuant to s.
613	1003.415 must include such component in its school improvement
614	plan. Each plan shall address student achievement goals and
615	strategies based on state and school district proficiency
616	standards. The plan may also address issues relative to other
617	academic-related matters budget, training, instructional
618	materials, technology, staffing, student support services,
619	specific school safety and discipline strategies, student health
620	and fitness, including physical fitness, parental information on
621	student health and fitness, and indoor environmental air
622	quality, and other matters of resource allocation, as determined
623	by district school board policy, and shall include be based on
624	an accurate, data-based analysis of student achievement and
625	other school performance data. For each school in the district
626	that earns a school grade of "C" or below, or is required to
627	have a school improvement plan under federal law, the school
628	improvement plan shall, at a minimum, also include:
629	1.  A needs assessment, based on disaggregated student
630	achievement data related to student performance on the FCAT,
631	which is used to identify each individual student subgroup's
632	strengths and weaknesses and to determine the effectiveness of
633	the teaching and learning strategies that are being used in the
634	classroom.
635	2.  Performance goals, based on the needs assessment, with
636	measurable objectives of improvement in the areas of language
637	arts, mathematics, and science for each student subgroup.
638	3.  A Sunshine State Standards instructional calendar and
639	timeline based on the needs assessment for each grade and in
640	each of the subject areas of language arts, mathematics, and
641	science to focus and integrate instruction, manage instructional
642	time, and allocate resources.
643	4.  The following strategies:
644	a.  Mini-assessments of targeted Sunshine State Standards
645	benchmarks that provide ongoing progress monitoring of students
646	and generate data to redesign instruction.
647	b.  Alternative in-school, tutorial, remediation, or
648	enrichment programs for students that are based on each
649	student's individual academic needs as defined by performance on
650	the mini-assessments.
651	c.  A student performance monitoring plan and clearly
652	assigned school personnel monitoring responsibilities.
653	5.  Professional development that supports enhanced
654	instructional strategies, improves teaching and learning, and
655	addresses skill gaps.
656	6.  If the school is a high school, annual publication of
657	the school's graduation rate calculated without GED tests for
658	the past 3 years, disaggregated by student ethnicity.
659
660	For each school district with a school designated with a grade
661	of "D" or "F," the district school board shall cooperate with
662	the community assessment team assigned by the commissioner in
663	accordance with s. 1008.345(6)(d).
664	(b)  Alignment with Sunshine State Standards.--Design the
665	school district's system of school improvement and student
666	progression to provide frequent and accurate information to the
667	teacher and student regarding each student's progress toward
668	mastering the Sunshine State Standards. The system must support
669	the alignment of the Sunshine State Standards, monitoring of
670	individual student progress, and enhanced instructional
671	strategies, assessment, and professional development.
672	(c)(b)  Approval process.--Develop a process for approval
673	of a school improvement plan presented by an individual school
674	and its advisory council. In the event a district school board
675	does not approve a school improvement plan after exhausting this
676	process, the Department of Education shall be notified of the
677	need for assistance.
678	(d)(c)  Assistance and intervention.--
679	1.  Develop a 2-year plan of increasing individualized
680	assistance and intervention for each school in danger of not
681	meeting state standards or making adequate progress, as defined
682	pursuant to statute and State Board of Education rule, toward
683	meeting the goals and standards of its approved school
684	improvement plan.
685	2.  Provide assistance and intervention to a school that is
686	designated with a identified as being in performance grade of
687	category "D" pursuant to s. 1008.34 and is in danger of failing.
688	3.  Develop a plan to encourage teachers with demonstrated
689	mastery in improving student performance to remain at or
690	transfer to a school designated with a as performance grade of
691	category "D" or "F" or to an alternative school that serves
692	disruptive or violent youths. If a classroom teacher, as defined
693	by s. 1012.01(2)(a), who meets the definition of teaching
694	mastery developed according to the provisions of this paragraph,
695	requests assignment to a school designated with a as performance
696	grade of category "D" or "F" or to an alternative school that
697	serves disruptive or violent youths, the district school board
698	shall make every practical effort to grant the request.
699	4.  Prioritize, to the extent possible, the expenditures of
700	funds received from the supplemental academic instruction
701	categorical fund under s. 1011.62(1)(f) to improve student
702	performance in schools that receive a performance grade category
703	designation of "D" or "F."
704	(e)(d)  After 2 years.--Notify the Commissioner of
705	Education and the State Board of Education in the event any
706	school does not make adequate progress toward meeting the goals
707	and standards of a school improvement plan by the end of 2 years
708	of failing to make adequate progress and proceed according to
709	guidelines developed pursuant to statute and State Board of
710	Education rule. School districts shall provide intervention and
711	assistance to schools in danger of being designated with a as
712	performance grade of category "F," failing to make adequate
713	progress.
714	(f)(e)  Public disclosure.--Provide information regarding
715	performance of students and educational programs as required
716	pursuant to ss. 1008.22 and 1008.385 and implement a system of
717	school reports as required by statute and State Board of
718	Education rule that shall include schools operating for the
719	purpose of providing educational services to youth in Department
720	of Juvenile Justice programs, and for those schools, report on
721	the elements specified in s. 1003.52(19). Annual public
722	disclosure reports shall be in an understandable and easy-to-
723	read report card format, shall use multiple media such as
724	electronic mail, websites, public service announcements, or
725	print or electronic advertising, and shall include the school's
726	student and school performance grade, high school graduation
727	rate calculated without GED tests, disaggregated by student
728	ethnicity, category designation and other performance data as
729	specified in state board rule.
730	(g)(f)  School improvement funds.--Provide funds to schools
731	for developing and implementing school improvement plans. Such
732	funds shall include those funds appropriated for the purpose of
733	school improvement pursuant to s. 24.121(5)(c).
734	(17)  LOCAL-LEVEL DECISIONMAKING.--
735	(d)  Adopt policies that assist in giving greater autonomy,
736	including authority over the allocation of the school's budget,
737	to schools designated with a as performance grade of category
738	"A," making excellent progress, and schools rated as having
739	improved at least two grades performance grade categories.
740	(18)  OPPORTUNITY SCHOLARSHIPS.--Adopt policies allowing
741	students attending schools that have been designated with a as
742	performance grade of category "F," failing to make adequate
743	progress, for 2 school years in a 4-year period to attend a
744	higher performing school in the district or an adjoining
745	district or be granted a state opportunity scholarship to a
746	private school, in conformance with s. 1002.38 and State Board
747	of Education rule.
748	(22)  REDUCE PAPERWORK AND DATA COLLECTION AND REPORTING
749	REQUIREMENTS.--
750	(a)  Paperwork and data collection.--Hold extensive public
751	hearings and provide detailed analysis of burden hours needed to
752	complete paperwork, hard copies, and electronic copies required
753	under a state mandate if the district school board will exceed
754	paperwork and data collection requirements of the state mandate.
755	"Burden hours" are defined as the amount of time required to
756	gather, compile, complete, transmit, and report information.
757	(b)  Task force.--Establish a task force to reduce the
758	paper and electronic reporting requirements that impact the
759	school district, which may include the duties specified in s.
760	1008.385(2)(b). A majority of the task force members must be
761	classroom teachers with additional members to include, but not
762	be limited to, one exceptional student education teacher, school
763	administrators, district-level personnel, and the district
764	school superintendent. The task force must seek to reduce the
765	burden hours required of school district staff by making
766	recommendations to the district school board on ways to reduce,
767	eliminate, revise, or consolidate requirements relating to, but
768	not limited to, student attendance, student behavior, and
769	teacher lesson plans. The task force must annually report its
770	actions and recommendations to the Department of Education. The
771	department shall review the annual reports and progress of each
772	school district task force and, based on such information,
773	provide its recommendations to school districts for reduction,
774	elimination, revision, or consolidation of paper and electronic
775	reporting requirements.
776	Section 13.  Subsection (24) of section 1001.51, Florida
777	Statutes, is repealed.
778	Section 14.  Paragraphs (c) and (d) of subsection (1) and
779	subsection (2) of section 1001.54, Florida Statutes, are amended
780	to read:
781	1001.54  Duties of school principals.--
782	(1)
783	(c)  The school principal shall encourage school personnel
784	to implement the guiding principles for Better Educated Students
785	and Teachers (BEST) Florida Teaching, pursuant to s. 1000.041.
786	(c)(d)  The school principal shall fully support the
787	authority of each teacher and school bus driver to remove
788	disobedient, disrespectful, violent, abusive, uncontrollable, or
789	disruptive students from the classroom and the school bus and,
790	when appropriate and available, place such students in an
791	alternative educational setting.
792	(2)  Each school principal shall provide instructional
793	leadership in the development, or revision, and implementation
794	of a school improvement plan, pursuant to s. 1001.42(16).
795	Section 15.  Subsection (11) of section 1002.20, Florida
796	Statutes, is amended to read:
797	1002.20  K-12 student and parent rights.--Parents of public
798	school students must receive accurate and timely information
799	regarding their child's academic progress and must be informed
800	of ways they can help their child to succeed in school. K-12
801	students and their parents are afforded numerous statutory
802	rights including, but not limited to, the following:
803	(11)  STUDENTS WITH READING DEFICIENCIES.--Each elementary
804	school shall regularly assess the reading ability of each K-3
805	student. The parent of any K-3 student who exhibits a reading
806	deficiency shall be immediately notified of the student's
807	deficiency with a description and explanation, in terms
808	understandable to the parent, of the exact nature of the
809	student's difficulty in learning and lack of achievement in
810	reading; shall be consulted in the development of a progress
811	monitoring detailed academic improvement plan, as described in
812	s. 1008.25(4)(b); and shall be informed that the student will be
813	given intensive reading instruction until the deficiency is
814	corrected. This subsection operates in addition to the
815	remediation and notification provisions contained in s. 1008.25
816	and in no way reduces the rights of a parent or the
817	responsibilities of a school district under that section.
818	Section 16.  Paragraph (b) of subsection (3) of section
819	1003.01, Florida Statutes, is amended to read:
820	1003.01  Definitions.--As used in this chapter, the term:
821	(3)
822	(b)  "Special education services" means specially designed
823	instruction and such related services as are necessary for an
824	exceptional student to benefit from education. Such services may
825	include: transportation; diagnostic and evaluation services;
826	social services; physical and occupational therapy; speech and
827	language pathology services; job placement; orientation and
828	mobility training; braillists, typists, and readers for the
829	blind; interpreters and auditory amplification; rehabilitation
830	counseling; transition services; mental health services;
831	guidance and career counseling; specified materials, assistive
832	technology devices, and other specialized equipment; and other
833	such services as approved by rules of the state board.
834	Section 17.  Paragraphs (e) through (l) of subsection (3)
835	of section 1003.03, Florida Statutes, are redesignated as
836	paragraphs (f) through (m), respectively, and a new paragraph
837	(e) is added to that subsection to read:
838	1003.03  Maximum class size.--
839	(3)  IMPLEMENTATION OPTIONS.--District school boards must
840	consider, but are not limited to, implementing the following
841	items in order to meet the constitutional class size maximums
842	described in subsection (1) and the two-student-per-year
843	reduction required in subsection (2):
844	(e)  Use co-teaching or team teaching in determining the
845	teacher-to-student ratio for purpose of compliance with the
846	class size requirements of this section during the
847	implementation period upon approval of a phase-down plan by the
848	State Board of Education and passage by the Legislature of House
849	Joint Resolution 447 or similar legislation during the 2006
850	Regular Session.
851	Section 18.  Subsection (3) of section 1003.05, Florida
852	Statutes, is amended to read:
853	1003.05  Assistance to transitioning students from military
854	families.--
855	(3)  Dependent children of active duty military personnel
856	who otherwise meet the eligibility criteria for special academic
857	programs offered through public schools shall be given first
858	preference for admission to such programs even if the program is
859	being offered through a public school other than the school to
860	which the student would generally be assigned and the school at
861	which the program is being offered has reached its maximum
862	enrollment. If such a program is offered through a public school
863	other than the school to which the student would generally be
864	assigned, the parent or guardian of the student must assume
865	responsibility for transporting the student to that school. For
866	purposes of this subsection, special academic programs include
867	charter schools, magnet schools, advanced studies programs,
868	advanced placement, dual enrollment, Advanced International
869	Certificate of Education, and International Baccalaureate.
870	Section 19.  Paragraph (c) of subsection (1) of section
871	1003.21, Florida Statutes, is amended to read:
872	1003.21  School attendance.--
873	(1)
874	(c)  A student who attains the age of 16 years during the
875	school year is not subject to compulsory school attendance
876	beyond the date upon which he or she attains that age if the
877	student files a formal declaration of intent to terminate school
878	enrollment with the district school board. The declaration must
879	acknowledge that terminating school enrollment is likely to
880	reduce the student's earning potential and must be signed by the
881	student and the student's parent. The school district must
882	notify the student's parent of receipt of the student's
883	declaration of intent to terminate school enrollment. The
884	student's guidance counselor or other school personnel must
885	conduct an exit interview with the student to determine the
886	reasons for the student's decision to terminate school
887	enrollment and actions that could be taken to keep the student
888	in school. The student must be informed of opportunities to
889	continue his or her education in a different environment,
890	including, but not limited to, adult education and GED test
891	preparation. Additionally, the student must complete a survey in
892	a format prescribed by the Department of Education to provide
893	data on student reasons for terminating enrollment and actions
894	taken by schools to keep students enrolled.
895	Section 20.  Section 1003.413, Florida Statutes, is created
896	to read:
897	1003.413  Secondary school reform.--
898	(1)  Secondary schools are schools that primarily serve
899	students in grades 6 through 12. It is the intent of the
900	Legislature to provide for secondary school reform so that
901	students promoted from the 8th grade have the necessary academic
902	skills for success in high school and students graduating from
903	high school have the necessary skills for success in the
904	workplace and postsecondary education.
905	(2)  Guiding principles for secondary school reform are:
906	(a)  Struggling students, especially those in failing
907	schools, need the highest quality teachers and dramatically
908	different, innovative approaches to teaching and learning.
909	(b)  Every teacher must contribute to every student's
910	reading improvement.
911	(c)  Quality professional development provides teachers and
912	principals with the tools they need to better serve students.
913	(d)  Small learning communities allow teachers to
914	personalize instruction to better address student learning
915	styles, strengths, and weaknesses.
916	(e)  Intensive intervention in reading and mathematics must
917	occur early and through innovative delivery systems.
918	(f)  Parents need access to tools they can use to monitor
919	their child's progress in school, communicate with teachers, and
920	act early on behalf of their child.
921	(g)  Applied and integrated courses help students see the
922	relationships between subjects and relevance to their futures.
923	(h)  Majors and minors allow students to choose courses and
924	set goals based on their interests and talents.
925	(i)  Master schedules should not determine instruction and
926	must be designed based on student needs, not adult or
927	institutional needs.
928	(j)  Academic and career planning engages students in
929	developing a personally meaningful course of study so they can
930	achieve goals they have set for themselves.
931	(3)  Based on these guiding principles, district school
932	boards shall establish policies to implement the requirements of
933	ss. 1003.4156, 1003.428, and 1003.493. The policies must
934	address:
935	(a)  Procedures for placing and promoting students who
936	enter a Florida public school at grade 6 through grade 12 from
937	out of state or from a foreign country, including a review of
938	the student's prior academic performance.
939	(b)  Alternative methods for students to demonstrate
940	competency in required courses and credits, with special support
941	for students who have been retained.
942	(c)  Applied, integrated, and combined courses that provide
943	flexibility for students to enroll in courses that are creative
944	and meet individual learning styles and student needs.
945	(d)  Credit recovery courses and intensive reading and
946	mathematics intervention courses based on student performance on
947	the FCAT. These courses should be competency based and offered
948	through innovative delivery systems, including computer-assisted
949	instruction. School districts should use learning gains as well
950	as other appropriate data and provide incentives to identify and
951	reward high-performing teachers who teach credit recovery and
952	intensive intervention courses.
953	(e)  Grade forgiveness policies that replace a grade of "D"
954	or "F" with a grade of "C" or higher earned subsequently in the
955	same or a comparable course.
956	(f)  Summer academies for students to receive intensive
957	reading and mathematics intervention courses or competency-based
958	credit recovery courses. A student's participation in an
959	instructional or remediation program prior to or immediately
960	following entering grade 9 for the first time shall not affect
961	that student's classification as a first-time 9th grader for
962	reporting purposes.
963	(g)  Strategies to support teachers' pursuit of the reading
964	endorsement and emphasize reading instruction professional
965	development for content area teachers.
966	(h)  Creative and flexible scheduling designed to meet
967	student needs.
968	(i)  Procedures for high school students who have not
969	prepared an electronic personal education plan pursuant to s.
970	1003.4156 to prepare such plan.
971	(j)  Tools for parents to regularly monitor student
972	progress and communicate with teachers.
973	(k)  Additional course requirements for promotion and
974	graduation which may be determined by each school district in
975	the student progression plan and may include additional
976	academic, fine and performing arts, physical education, or
977	career and technical education courses in order to provide a
978	complete education program pursuant to s. 1001.41(3).
979
980	Within 30 days after adoption, the district school board
981	policies shall be submitted to the State Board of Education for
982	approval. The district school board policies shall be deemed
983	approved unless specifically rejected by the State Board of
984	Education within 60 days after receipt.
985	(4)  In order to support the successful implementation of
986	this section by district school boards, the Department of
987	Education shall by the 2006-2007 school year:
988	(a)  Increase the number of approved applied, integrated,
989	and combined courses available to school districts.
990	(b)  Make available a professional development package
991	designed to provide the information that content area teachers
992	need to become proficient in applying scientifically based
993	reading strategies through their content areas.
994	(c)  Share best practices for providing a complete
995	education program to students enrolled in course recovery,
996	credit recovery, intensive reading intervention, or intensive
997	mathematics intervention.
998	(d)  Expedite assistance and decisions and coordinate
999	policies throughout all divisions within the department to
1000	provide school districts with support to implement this section.
1001	(e)  Use data to provide the Legislature with an annual
1002	longitudinal analysis of the success of this reform effort,
1003	including the progress of 6th grade students and 9th grade
1004	students scoring at Level 1 on FCAT Reading or FCAT Mathematics.
1005	(5)  The Commissioner of Education shall create and
1006	implement the Secondary School Improvement Award Program to
1007	reward public secondary schools that demonstrate continuous
1008	student academic improvement and show the greatest gains in
1009	student academic achievement in reading and mathematics.
1010	Section 21.  Section 1003.415, Florida Statutes, is
1011	repealed.
1012	Section 22.  Section 1003.4156, Florida Statutes, is
1013	created to read:
1014	1003.4156  General requirements for middle grades
1015	promotion.--
1016	(1)  Beginning with students entering grade 6 in the 2006-
1017	2007 school year, promotion from a school composed of middle
1018	grades 6, 7, and 8 requires that:
1019	(a)  The student must successfully complete academic
1020	courses as follows:
1021	1.  Three middle school or higher year-long courses in
1022	English. These courses shall emphasize literature, composition,
1023	and reading for information.
1024	2.  Three middle school or higher year-long courses in
1025	mathematics. Each middle school must offer at least one high-
1026	school-level mathematics course for which students may earn high
1027	school credit.
1028	3.  Three middle school or higher year-long courses in
1029	social studies, including American history and world history.
1030	4.  Three middle school or higher year-long courses in
1031	science.
1032	5.  One year-long course, to be taken in grade 6, that
1033	exposes the student to elective areas of the curriculum. The
1034	course must be comprised of 9 weeks of instruction in each of
1035	the following areas: career and technical education, art, music,
1036	and physical education.
1037	6.  One half-year course in career exploration and
1038	education planning to be completed in grade 7 or grade 8. The
1039	course may be taught by any member of the instructional staff
1040	and must include, but is not limited to, the following
1041	components:
1042	a.  Career exploration.
1043	b.  Academic advising from the instructor, with assistance
1044	from guidance counselors, to provide information to each student
1045	about high school programs and courses, including acceleration
1046	mechanisms, career and technical programs, and career and
1047	professional academies pursuant to s. 1003.493, that meet the
1048	student's interests.
1049	c.  Educational planning using the online student advising
1050	system Florida Academic Counseling and Tracking for Students at
1051	the Internet website FACTS.org.
1052
1053	Each school must hold a parent meeting either in the evening or
1054	on a weekend to inform parents about the course curriculum and
1055	activities. Each student shall complete an electronic personal
1056	education plan that must be signed by the student, the student's
1057	instructor or guidance counselor, and the student's parent. By
1058	January 1, 2007, the Department of Education shall develop a
1059	course framework and professional development materials for the
1060	career exploration and education planning course. The
1061	Commissioner of Education shall collect longitudinal high school
1062	course enrollment data by student ethnicity in order to analyze
1063	course-taking patterns.
1064	(b)  For each year in which a student scores at Level l on
1065	FCAT Reading, the student must be enrolled in and complete an
1066	intensive reading course the following year. Placement of Level
1067	2 readers in either an intensive reading course or a content
1068	area course in which reading strategies are delivered shall be
1069	determined by diagnosis of reading needs. The department shall
1070	provide guidance on appropriate strategies for diagnosing and
1071	meeting the varying instructional needs of students reading
1072	below grade level. Reading courses shall be designed and offered
1073	pursuant to the comprehensive reading plan required by s.
1074	1011.62(8).
1075	(c)  For each year in which a student scores at Level 1 on
1076	FCAT Mathematics, the student must complete an intensive
1077	mathematics course the following year, which may be integrated
1078	into the student's required mathematics course. These courses
1079	are subject to approval by the department for inclusion in the
1080	Course Code Directory.
1081	(2)  Students in grade 6, grade 7, or grade 8 who are not
1082	enrolled in schools with a middle grades configuration are
1083	subject to the promotion requirements of this section.
1084	(3)  The State Board of Education may adopt rules pursuant
1085	to ss. 120.536(1) and 120.54 to implement the provisions of this
1086	section and may enforce the provisions of this section pursuant
1087	to s. 1008.32.
1088	Section 23.  Subsection (1) of section 1003.42, Florida
1089	Statutes, is amended to read:
1090	1003.42  Required instruction.--
1091	(1)  Each district school board shall provide all courses
1092	required for middle grades promotion, high school graduation,
1093	and appropriate instruction designed to ensure that all students
1094	have the opportunity to meet State Board of Education adopted
1095	standards in the following subject areas: reading and other
1096	language arts, mathematics, science, social studies, foreign
1097	languages, health and physical education, and the arts.
1098	Section 24.  Section 1003.428, Florida Statutes, is created
1099	to read:
1100	1003.428  General requirements for high school graduation;
1101	revised.--
1102	(1)  Except as otherwise authorized pursuant to s.
1103	1003.429, beginning with students entering their first year of
1104	high school in the 2007-2008 school year, graduation requires
1105	the successful completion of a minimum of 24 credits, an
1106	International Baccalaureate curriculum, or an Advanced
1107	International Certificate of Education curriculum. Students must
1108	be advised of eligibility requirements for state scholarship
1109	programs and postsecondary admissions.
1110	(2)  The 24 credits may be earned through applied,
1111	integrated, and combined courses approved by the Department of
1112	Education and shall be distributed as follows:
1113	(a)  Fourteen core curriculum credits:
1114	1.  Four credits in English, with major concentration in
1115	composition, reading for information, and literature.
1116	2.  Four credits in mathematics, one of which must be
1117	Algebra I, a series of courses equivalent to Algebra I, or a
1118	higher-level mathematics course. School districts are encouraged
1119	to set specific goals to increase enrollments in, and successful
1120	completion of, geometry and Algebra II.
1121	3.  Three credits in science, two of which must have a
1122	laboratory component.
1123	4.  Three credits in social studies as follows: one credit
1124	in American history; one credit in world history; one-half
1125	credit in economics; and one-half credit in American government.
1126	(b)  Ten credits in majors, minors, or electives:
1127	1.  Four credits in a major area of study, such as
1128	sequential courses in a career and technical program, fine and
1129	performing arts, or academic content area, selected by the
1130	student as part of the education plan required by s. 1003.4156.
1131	Students may revise majors each year as part of annual course
1132	registration processes and should update their education plan to
1133	reflect such revisions. Annually by October 1, the district
1134	school board shall approve major areas of study and submit the
1135	list of majors to the Commissioner of Education for approval.
1136	Each major shall be deemed approved unless specifically rejected
1137	by the commissioner within 60 days. Upon approval, each
1138	district's majors shall be available for use by all school
1139	districts and shall be posted on the department's website.
1140	2.  Six credits in elective courses selected by the student
1141	as part of the education plan required by s. 1003.4156. These
1142	credits may be combined to allow for a second major area of
1143	study pursuant to subparagraph 1., a minor area of study,
1144	elective courses, intensive reading or mathematics intervention
1145	courses, or credit recovery courses as described in this
1146	subparagraph.
1147	a.  Minor areas of study are composed of three credits
1148	selected by the student as part of the education plan required
1149	by s. 1003.4156 and approved by the district school board.
1150	b.  Elective courses are selected by the student in order
1151	to pursue a complete education program as described in s.
1152	1001.41(3) and to meet eligibility requirements for
1153	scholarships.
1154	c.  For each year in which a student scores at Level l on
1155	FCAT Reading, the student must be enrolled in and complete an
1156	intensive reading course the following year. Placement of Level
1157	2 readers in either an intensive reading course or a content
1158	area course in which reading strategies are delivered shall be
1159	determined by diagnosis of reading needs. The department shall
1160	provide guidance on appropriate strategies for diagnosing and
1161	meeting the varying instructional needs of students reading
1162	below grade level. Reading courses shall be designed and offered
1163	pursuant to the comprehensive reading plan required by s.
1164	1011.62(8).
1165	d.  For each year in which a student scores at Level 1 on
1166	FCAT Mathematics, the student must complete an intensive
1167	mathematics course the following year. These courses may be
1168	taught through applied, integrated, or combined courses and are
1169	subject to approval by the department for inclusion in the
1170	Course Code Directory.
1171	e.  Credit recovery courses shall be offered so that
1172	students can simultaneously earn an elective credit and the
1173	recovered credit.
1174	(3)(a)  A district school board may require specific
1175	courses and programs of study within the minimum credit
1176	requirements for high school graduation and shall modify basic
1177	courses, as necessary, to assure exceptional students the
1178	opportunity to meet the graduation requirements for a standard
1179	diploma, using one of the following strategies:
1180	1.  Assignment of the exceptional student to an exceptional
1181	education class for instruction in a basic course with the same
1182	student performance standards as those required of
1183	nonexceptional students in the district school board student
1184	progression plan; or
1185	2.  Assignment of the exceptional student to a basic
1186	education class for instruction that is modified to accommodate
1187	the student's exceptionality.
1188	(b)  The district school board shall determine which of
1189	these strategies to employ based upon an assessment of the
1190	student's needs and shall reflect this decision in the student's
1191	individual education plan.
1192	(4)  Each district school board shall establish standards
1193	for graduation from its schools, which must include:
1194	(a)  Successful completion of the academic credit or
1195	curriculum requirements of subsections (1) and (2).
1196	(b)  Earning passing scores on the FCAT, as defined in s.
1197	1008.22(3)(c), or scores on a standardized test that are
1198	concordant with passing scores on the FCAT as defined in s.
1199	1008.22(9).
1200	(c)  Completion of all other applicable requirements
1201	prescribed by the district school board pursuant to s. 1008.25.
1202	(d)  Achievement of a cumulative grade point average of 2.0
1203	on a 4.0 scale, or its equivalent, in the courses required by
1204	this section.
1205	(5)  The State Board of Education, after a public hearing
1206	and consideration, shall adopt rules based upon the
1207	recommendations of the commissioner for the provision of test
1208	accommodations and modifications of procedures as necessary for
1209	students with disabilities which will demonstrate the student's
1210	abilities rather than reflect the student's impaired sensory,
1211	manual, speaking, or psychological process skills.
1212	(6)  The public hearing and consideration required in
1213	subsection (5) shall not be construed to amend or nullify the
1214	requirements of security relating to the contents of
1215	examinations or assessment instruments and related materials or
1216	data as prescribed in s. 1008.23.
1217	(7)(a)  A student who meets all requirements prescribed in
1218	subsections (1), (2), (3), and(4) shall be awarded a standard
1219	diploma in a form prescribed by the State Board of Education.
1220	(b)  A student who completes the minimum number of credits
1221	and other requirements prescribed by subsections (1), (2), and
1222	(3), but who is unable to meet the standards of paragraph
1223	(4)(b), paragraph (4)(c), or paragraph (4)(d), shall be awarded
1224	a certificate of completion in a form prescribed by the State
1225	Board of Education. However, any student who is otherwise
1226	entitled to a certificate of completion may elect to remain in
1227	the secondary school either as a full-time student or a part-
1228	time student for up to 1 additional year and receive special
1229	instruction designed to remedy his or her identified
1230	deficiencies.
1231	(8)(a)  Each district school board must provide instruction
1232	to prepare students with disabilities to demonstrate proficiency
1233	in the skills and competencies necessary for successful grade-
1234	to-grade progression and high school graduation.
1235	(b)  A student with a disability, as defined in s.
1236	1007.02(2), for whom the individual education plan (IEP)
1237	committee determines that the FCAT cannot accurately measure the
1238	student's abilities taking into consideration all allowable
1239	accommodations, shall have the FCAT requirement of paragraph
1240	(4)(b) waived for the purpose of receiving a standard high
1241	school diploma, if the student:
1242	1.  Completes the minimum number of credits and other
1243	requirements prescribed by subsections (1), (2), and (3).
1244	2.  Does not meet the requirements of paragraph (4)(b)
1245	after one opportunity in 10th grade and one opportunity in 11th
1246	grade.
1247	(9)  The Commissioner of Education may award a standard
1248	high school diploma to honorably discharged veterans who started
1249	high school between 1937 and 1946 and were scheduled to graduate
1250	between 1941 and 1950 but were inducted into the United States
1251	Armed Forces between September 16, 1940, and December 31, 1946,
1252	prior to completing the necessary high school graduation
1253	requirements. Upon the recommendation of the commissioner, the
1254	State Board of Education may develop criteria and guidelines for
1255	awarding such diplomas.
1256	(10)  The Commissioner of Education may award a standard
1257	high school diploma to honorably discharged veterans who started
1258	high school between 1946 and 1950 and were scheduled to graduate
1259	between 1950 and 1954, but were inducted into the United States
1260	Armed Forces between June 27, 1950, and January 31, 1955, and
1261	served during the Korean Conflict prior to completing the
1262	necessary high school graduation requirements. Upon the
1263	recommendation of the commissioner, the State Board of Education
1264	may develop criteria and guidelines for awarding such diplomas.
1265	(11)  The State Board of Education may adopt rules pursuant
1266	to ss. 120.536(1) and 120.54 to implement the provisions of this
1267	section and may enforce the provisions of this section pursuant
1268	to s. 1008.32.
1269	Section 25.  Section 1003.437, Florida Statutes, is amended
1270	to read:
1271	1003.437  Middle and high school grading system.--The
1272	grading system and interpretation of letter grades used for
1273	students in public high schools in grades 6 through 12 shall be
1274	as follows:
1275	(1)  Grade "A" equals 90 percent through 100 percent, has a
1276	grade point average value of 4, and is defined as "outstanding
1277	progress."
1278	(2)  Grade "B" equals 80 percent through 89 percent, has a
1279	grade point average value of 3, and is defined as "above average
1280	progress."
1281	(3)  Grade "C" equals 70 percent through 79 percent, has a
1282	grade point average value of 2, and is defined as "average
1283	progress."
1284	(4)  Grade "D" equals 60 percent through 69 percent, has a
1285	grade point average value of 1, and is defined as "lowest
1286	acceptable progress."
1287	(5)  Grade "F" equals zero percent through 59 percent, has
1288	a grade point average value of zero, and is defined as
1289	"failure."
1290	(6)  Grade "I" equals zero percent, has a grade point
1291	average value of zero, and is defined as "incomplete."
1292
1293	For the purposes of class ranking for students in grades 9
1294	through 12, district school boards may exercise a weighted
1295	grading system.
1296	Section 26.  Subsections (3) and (4) of section 1003.492,
1297	Florida Statutes, are repealed.
1298	Section 27.  Section 1003.493, Florida Statutes, is created
1299	to read:
1300	1003.493  Career and professional academies.--
1301	(1)  A career and professional academy is a research-based
1302	program that integrates a rigorous academic curriculum with an
1303	industry-driven career curriculum. Career and professional
1304	academies may be offered by public schools, school districts, or
1305	the Florida Virtual School. Students completing career and
1306	professional academy programs receive a standard high school
1307	diploma, the highest available industry certification, and
1308	postsecondary credit if the academy partners with a
1309	postsecondary institution.
1310	(2)  The goals of career and professional academies are to:
1311	(a)  Increase student academic achievement and graduation
1312	rates through integrated academic and career curricula.
1313	(b)  Focus on career preparation through rigorous academics
1314	and industry certification.
1315	(c)  Raise student aspiration and commitment to academic
1316	achievement and work ethics.
1317	(d)  Support the revised graduation requirements pursuant
1318	to s. 1003.428 by providing creative, applied majors.
1319	(e)  Promote acceleration mechanisms, such as dual
1320	enrollment, articulated credit, or occupational completion
1321	points, so that students may earn postsecondary credit while in
1322	high school.
1323	(f)  Support the state's economy by meeting industry needs
1324	for skilled employees in high-demand occupations.
1325	(3)  A career and professional academy may be offered as
1326	one of the following small learning communities:
1327	(a)  A school-within-a-school career academy, as part of an
1328	existing high school, that provides courses in one occupational
1329	cluster. Students in the high school are not required to be
1330	students in the academy.
1331	(b)  A total school configuration providing multiple
1332	academies each structured around an occupational cluster. Every
1333	student in the school is in an academy.
1334	(4)  Each career and professional academy must:
1335	(a)  Provide a rigorous standards-based academic curriculum
1336	integrated with a career curriculum. The curriculum must take
1337	into consideration multiple styles of student learning; promote
1338	learning by doing through application and adaptation; maximize
1339	relevance of the subject matter; enhance each student's capacity
1340	to excel; and include an emphasis on work habits and work
1341	ethics.
1342	(b)  Include one or more partnerships with postsecondary
1343	institutions, businesses, industry, employers, economic
1344	development organizations, or other appropriate partners from
1345	the local community. Such partnerships must provide
1346	opportunities for:
1347	1.  Instruction from highly skilled professionals.
1348	2.  Internships, externships, and on-the-job training.
1349	3.  A postsecondary degree, diploma, or certificate.
1350	4.  The highest available level of industry certification.
1351	Where no national or state certification exists, school
1352	districts may establish a local certification in conjunction
1353	with the local workforce development board, the chamber of
1354	commerce, or the Agency for Workforce Innovation.
1355	5.  Maximum articulation of credits pursuant to s. 1007.23
1356	upon program completion.
1357	(c)  Provide creative and tailored student advisement,
1358	including parent participation and coordination with middle
1359	schools to provide career exploration and education planning as
1360	required under s. 1003.4156. Coordination with middle schools
1361	must provide information to middle school students about
1362	secondary and postsecondary career education programs and
1363	academies.
1364	(d)  Provide a career education certification on the high
1365	school diploma pursuant to s. 1003.431.
1366	(e)  Provide instruction in careers designated as high
1367	growth, high demand, and high pay by the local workforce
1368	development board, the chamber of commerce, or the Agency for
1369	Workforce Innovation.
1370	(f)  Deliver academic content through instruction relevant
1371	to the career, including intensive reading and mathematics
1372	intervention required by s. 1003.428, with an emphasis on
1373	strengthening reading for information skills.
1374	(g)  Provide instruction resulting in competency,
1375	certification, or credentials in workplace skills, including,
1376	but not limited to, communication skills, interpersonal skills,
1377	decisionmaking skills, the importance of attendance and
1378	timeliness in the work environment, and work ethics.
1379	(h)  Provide opportunities for students to obtain the
1380	Florida Ready to Work Certification pursuant to s. 1004.99.
1381	(i)  Include an evaluation plan developed jointly with the
1382	Department of Education. The evaluation plan must include a
1383	self-assessment tool based on standards, such as the Career
1384	Academy National Standards of Practice, and outcome measures
1385	including, but not limited to, graduation rates, enrollment in
1386	postsecondary education, business and industry satisfaction,
1387	employment and earnings, achievement of industry certification,
1388	awards of postsecondary credit, and FCAT achievement levels and
1389	learning gains.
1390	Section 28.  Paragraph (n) of subsection (2) of section
1391	1003.51, Florida Statutes, is amended to read:
1392	1003.51  Other public educational services.--
1393	(2)  The State Board of Education shall adopt and maintain
1394	an administrative rule articulating expectations for effective
1395	education programs for youth in Department of Juvenile Justice
1396	programs, including, but not limited to, education programs in
1397	juvenile justice commitment and detention facilities. The rule
1398	shall articulate policies and standards for education programs
1399	for youth in Department of Juvenile Justice programs and shall
1400	include the following:
1401	(n)  Performance expectations for providers and district
1402	school boards, including the provision of a progress monitoring
1403	an academic improvement plan as required in s. 1008.25.
1404	Section 29.  Subsection (7) of section 1003.52, Florida
1405	Statutes, is amended to read:
1406	1003.52  Educational services in Department of Juvenile
1407	Justice programs.--
1408	(7)  A progress monitoring An academic improvement plan
1409	shall be developed for students who score below the level
1410	specified in district school board policy in reading, writing,
1411	and mathematics or below the level specified by the Commissioner
1412	of Education on statewide assessments as required by s. 1008.25.
1413	These plans shall address academic, literacy, and life skills
1414	and shall include provisions for intensive remedial instruction
1415	in the areas of weakness.
1416	Section 30.  Section 1003.57, Florida Statutes, is amended
1417	to read:
1418	1003.57  Exceptional students instruction.--
1419	(1)  Each district school board shall provide for an
1420	appropriate program of special instruction, facilities, and
1421	services for exceptional students as prescribed by the State
1422	Board of Education as acceptable, including provisions that:
1423	(a)(1)  The district school board provide the necessary
1424	professional services for diagnosis and evaluation of
1425	exceptional students.
1426	(b)(2)  The district school board provide the special
1427	instruction, classes, and services, either within the district
1428	school system, in cooperation with other district school
1429	systems, or through contractual arrangements with approved
1430	private schools or community facilities that meet standards
1431	established by the commissioner.
1432	(c)(3)  The district school board annually provide
1433	information describing the Florida School for the Deaf and the
1434	Blind and all other programs and methods of instruction
1435	available to the parent of a sensory-impaired student.
1436	(d)(4)  The district school board, once every 3 years,
1437	submit to the department its proposed procedures for the
1438	provision of special instruction and services for exceptional
1439	students.
1440	(e)(5)  A No student may not be given special instruction
1441	or services as an exceptional student until after he or she has
1442	been properly evaluated, classified, and placed in the manner
1443	prescribed by rules of the State Board of Education. The parent
1444	of an exceptional student evaluated and placed or denied
1445	placement in a program of special education shall be notified of
1446	each such evaluation and placement or denial. Such notice shall
1447	contain a statement informing the parent that he or she is
1448	entitled to a due process hearing on the identification,
1449	evaluation, and placement, or lack thereof. Such hearings shall
1450	be exempt from the provisions of ss. 120.569, 120.57, and
1451	286.011, except to the extent that the State Board of Education
1452	adopts rules establishing other procedures and any records
1453	created as a result of such hearings shall be confidential and
1454	exempt from the provisions of s. 119.07(1). The hearing must be
1455	conducted by an administrative law judge from the Division of
1456	Administrative Hearings of the Department of Management
1457	Services. The decision of the administrative law judge shall be
1458	final, except that any party aggrieved by the finding and
1459	decision rendered by the administrative law judge shall have the
1460	right to bring a civil action in the circuit court. In such an
1461	action, the court shall receive the records of the
1462	administrative hearing and shall hear additional evidence at the
1463	request of either party. In the alternative, any party aggrieved
1464	by the finding and decision rendered by the administrative law
1465	judge shall have the right to request an impartial review of the
1466	administrative law judge's order by the district court of appeal
1467	as provided by s. 120.68. Notwithstanding any law to the
1468	contrary, during the pendency of any proceeding conducted
1469	pursuant to this section, unless the district school board and
1470	the parents otherwise agree, the student shall remain in his or
1471	her then-current educational assignment or, if applying for
1472	initial admission to a public school, shall be assigned, with
1473	the consent of the parents, in the public school program until
1474	all such proceedings have been completed.
1475	(f)(6)  In providing for the education of exceptional
1476	students, the district school superintendent, principals, and
1477	teachers shall utilize the regular school facilities and adapt
1478	them to the needs of exceptional students to the maximum extent
1479	appropriate. Segregation of exceptional students shall occur
1480	only if the nature or severity of the exceptionality is such
1481	that education in regular classes with the use of supplementary
1482	aids and services cannot be achieved satisfactorily.
1483	(g)(7)  In addition to the services agreed to in a
1484	student's individual education plan, the district school
1485	superintendent shall fully inform the parent of a student having
1486	a physical or developmental disability of all available services
1487	that are appropriate for the student's disability. The
1488	superintendent shall provide the student's parent with a summary
1489	of the student's rights.
1490	(2)(a)  An exceptional student with a disability who
1491	resides in a residential facility and receives special
1492	instruction or services is considered a resident of the state in
1493	which the student's parent is a resident. The cost of such
1494	instruction, facilities, and services for a nonresident student
1495	with a disability shall be provided by the placing authority in
1496	the student's state of residence, such as a public school
1497	entity, other placing authority, or parent. A nonresident
1498	student with a disability may not be reported by any school
1499	district for FTE funding in the Florida Education Finance
1500	Program.
1501	(b)  The Department of Education shall provide to each
1502	school district a statement of the specific limitations of the
1503	district's financial obligation for exceptional students with
1504	disabilities under federal and state law. The department shall
1505	also provide to each school district technical assistance as
1506	necessary for developing a local plan to impose on a student's
1507	home state the fiscal responsibility for educating a nonresident
1508	exceptional student with a disability.
1509	(c)  The Department of Education shall develop a process by
1510	which a school district must, before providing services to an
1511	exceptional student with a disability who resides in a
1512	residential facility in this state, review the residency of the
1513	student. The residential facility, not the district, is
1514	responsible for billing and collecting from a nonresidential
1515	student's home state payment for the student's educational and
1516	related services.
1517	(d)  This subsection applies to any nonresident student
1518	with a disability who resides in a residential facility and who
1519	receives instruction as an exceptional student with a disability
1520	in any type of residential facility in this state, including,
1521	but not limited to, a public school, a private school, a group
1522	home facility as defined in s. 393.063, an intensive residential
1523	treatment program for children and adolescents as defined in s.
1524	395.002, a facility as defined in s. 394.455, an intermediate
1525	care facility for the developmentally disabled or ICF/DD as
1526	defined in s. 393.063 or s. 400.960, or a community residential
1527	home as defined in s. 419.001.
1528	Section 31.  Section 1003.576, Florida Statutes, is created
1529	to read:
1530	1003.576  Individual education plans for exceptional
1531	students.--The Department of Education shall develop an
1532	individual education plan (IEP) form for use in developing and
1533	implementing individual education plans for exceptional
1534	students. The IEP form must be available electronically, include
1535	notice of testing accommodations pursuant to s. 1008.22(3), and
1536	have a streamlined format. To provide for the use of an existing
1537	IEP form when a student transfers from one school district to
1538	another, the IEP form developed by the department must be used
1539	in each school district in the state.
1540	Section 32.  Subsection (3) of section 1003.58, Florida
1541	Statutes, is amended to read:
1542	1003.58  Students in residential care facilities.--Each
1543	district school board shall provide educational programs
1544	according to rules of the State Board of Education to students
1545	who reside in residential care facilities operated by the
1546	Department of Children and Family Services.
1547	(3)  The district school board shall have full and complete
1548	authority in the matter of the assignment and placement of such
1549	students in educational programs. The parent of an exceptional
1550	student shall have the same due process rights as are provided
1551	under s. 1003.57(1)(e)(5).
1552
1553	Notwithstanding the provisions herein, the educational program
1554	at the Marianna Sunland Center in Jackson County shall be
1555	operated by the Department of Education, either directly or
1556	through grants or contractual agreements with other public or
1557	duly accredited educational agencies approved by the Department
1558	of Education.
1559	Section 33.  Paragraph (a) of subsection (1) and paragraph
1560	(a) of subsection (2) of section 1003.62, Florida Statutes, are
1561	amended to read:
1562	1003.62  Academic performance-based charter school
1563	districts.--The State Board of Education may enter into a
1564	performance contract with district school boards as authorized
1565	in this section for the purpose of establishing them as academic
1566	performance-based charter school districts. The purpose of this
1567	section is to examine a new relationship between the State Board
1568	of Education and district school boards that will produce
1569	significant improvements in student achievement, while complying
1570	with constitutional and statutory requirements assigned to each
1571	entity.
1572	(1)  ACADEMIC PERFORMANCE-BASED CHARTER SCHOOL DISTRICT.--
1573	(a)  A school district shall be eligible for designation as
1574	an academic performance-based charter school district if it is a
1575	high-performing school district in which a minimum of 50 percent
1576	of the schools earn a performance grade of category "A" or "B"
1577	and in which no school earns a performance grade of category "D"
1578	or "F" for 2 consecutive years pursuant to s. 1008.34. Schools
1579	that receive a performance grade of category "I" or "N" shall
1580	not be included in this calculation. The performance contract
1581	for a school district that earns a charter based on school
1582	performance grades shall be predicated on maintenance of at
1583	least 50 percent of the schools in the school district earning a
1584	performance grade of category "A" or "B" with no school in the
1585	school district earning a performance grade of category "D" or
1586	"F" for 2 consecutive years. A school district in which the
1587	number of schools that earn a performance grade of "A" or "B" is
1588	less than 50 percent may have its charter renewed for 1 year;
1589	however, if the percentage of "A" or "B" schools is less than 50
1590	percent for 2 consecutive years, the charter shall not be
1591	renewed.
1592	(2)  EXEMPTION FROM STATUTES AND RULES.--
1593	(a)  An academic performance-based charter school district
1594	shall operate in accordance with its charter and shall be exempt
1595	from certain State Board of Education rules and statutes if the
1596	State Board of Education determines such an exemption will
1597	assist the district in maintaining or improving its high-
1598	performing status pursuant to paragraph (1)(a). However, the
1599	State Board of Education may not exempt an academic performance-
1600	based charter school district from any of the following
1601	statutes:
1602	1.  Those statutes pertaining to the provision of services
1603	to students with disabilities.
1604	2.  Those statutes pertaining to civil rights, including s.
1605	1000.05, relating to discrimination.
1606	3.  Those statutes pertaining to student health, safety,
1607	and welfare.
1608	4.  Those statutes governing the election or compensation
1609	of district school board members.
1610	5.  Those statutes pertaining to the student assessment
1611	program and the school grading system, including chapter 1008.
1612	6.  Those statutes pertaining to financial matters,
1613	including chapter 1010.
1614	7.  Those statutes pertaining to planning and budgeting,
1615	including chapter 1011, except that ss. 1011.64 and 1011.69
1616	shall be eligible for exemption.
1617	8.  Sections 1012.22(1)(c) and 1012.27(2), relating to
1618	performance-pay policies and differentiated pay for school
1619	administrators and instructional personnel. Professional service
1620	contracts shall be subject to the provisions of ss. 1012.33 and
1621	1012.34.
1622	9.  Those statutes pertaining to educational facilities,
1623	including chapter 1013, except as specified under contract with
1624	the State Board of Education. However, no contractual provision
1625	that could have the effect of requiring the appropriation of
1626	additional capital outlay funds to the academic performance-
1627	based charter school district shall be valid.
1628	Section 34.  Section 1004.99, Florida Statutes, is created
1629	to read:
1630	1004.99  Florida Ready to Work Certification Program.--
1631	(1)  There is created the Florida Ready to Work
1632	Certification Program to enhance the workplace skills of
1633	Florida's students to better prepare them for successful
1634	employment in specific occupations.
1635	(2)  The Florida Ready to Work Certification Program may be
1636	conducted in public middle and high schools, community colleges,
1637	technical centers, one-stop career centers, vocational
1638	rehabilitation centers, and Department of Juvenile Justice
1639	educational facilities. The program may be made available to
1640	other entities that provide job training. The Department of
1641	Education shall establish institutional readiness criteria for
1642	program implementation.
1643	(3)  The Florida Ready to Work Certification Program shall
1644	be composed of:
1645	(a)  A comprehensive identification of workplace skills for
1646	each occupation identified for inclusion in the program by the
1647	Agency for Workforce Innovation and the Department of Education.
1648	(b)  A preinstructional assessment that delineates the
1649	student's mastery level on the specific workplace skills
1650	identified for that occupation.
1651	(c)  A targeted instructional program limited to those
1652	identified workplace skills in which the student is not
1653	proficient as measured by the preinstructional assessment.
1654	Instruction must utilize a web-based program and be customized
1655	to meet identified specific needs of local employers.
1656	(d)  A certificate and portfolio awarded to students upon
1657	successful completion of the instruction. Each portfolio must
1658	delineate the skills demonstrated by the student as evidence of
1659	the student's preparation for employment.
1660	(4)  The State Board of Education, in consultation with the
1661	Agency for Workforce Innovation, may adopt rules pursuant to ss.
1662	120.536(1) and 120.54 to implement the provisions of this
1663	section.
1664	Section 35.  Subsection (4) of section 1006.09, Florida
1665	Statutes, is amended to read:
1666	1006.09  Duties of school principal relating to student
1667	discipline and school safety.--
1668	(4)  When a student has been the victim of a violent crime
1669	perpetrated by another student who attends the same school, the
1670	school principal shall make full and effective use of the
1671	provisions of subsection (2) and s. 1006.13(5). A school
1672	principal who fails to comply with this subsection shall be
1673	ineligible for any portion of the performance-pay performance
1674	pay policy incentive or the differentiated pay under s.
1675	1012.22(1)(c). However, if any party responsible for
1676	notification fails to properly notify the school, the school
1677	principal shall be eligible for the incentive or differentiated
1678	pay.
1679	Section 36.  Paragraph (c) of subsection (3) of section
1680	1007.2615, Florida Statutes, is amended to read:
1681	1007.2615  American Sign Language; findings; foreign-
1682	language credits authorized; teacher licensing.--
1683	(3)  DUTIES OF COMMISSIONER OF EDUCATION AND STATE BOARD OF
1684	EDUCATION; LICENSING OF AMERICAN SIGN LANGUAGE TEACHERS; PLAN
1685	FOR POSTSECONDARY EDUCATION PROVIDERS.--
1686	(c)  An ASL teacher must be certified by the Department of
1687	Education by July 1, 2009 January 1, 2008, and must obtain
1688	current certification through the Florida American Sign Language
1689	Teachers' Association (FASLTA) by January 1, 2006. New FASLTA
1690	certification may be used by current ASL teachers as an
1691	alternative certification track.
1692	Section 37.  Paragraph (f) of subsection (1), paragraphs
1693	(c) and (e) of subsection (3), and subsection (9) of section
1694	1008.22, Florida Statutes, are amended, paragraph (g) is added
1695	to subsection (3), subsection (10) is renumbered as subsection
1696	(11), and a new subsection (10) is added to that section, to
1697	read:
1698	1008.22  Student assessment program for public schools.--
1699	(1)  PURPOSE.--The primary purposes of the student
1700	assessment program are to provide information needed to improve
1701	the public schools by enhancing the learning gains of all
1702	students and to inform parents of the educational progress of
1703	their public school children. The program must be designed to:
1704	(f)  Provide information on the performance of Florida
1705	students compared with that of other students others across the
1706	United States.
1707	(3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
1708	design and implement a statewide program of educational
1709	assessment that provides information for the improvement of the
1710	operation and management of the public schools, including
1711	schools operating for the purpose of providing educational
1712	services to youth in Department of Juvenile Justice programs.
1713	The commissioner may enter into contracts for the continued
1714	administration of the assessment, testing, and evaluation
1715	programs authorized and funded by the Legislature. Contracts may
1716	be initiated in 1 fiscal year and continue into the next and may
1717	be paid from the appropriations of either or both fiscal years.
1718	The commissioner is authorized to negotiate for the sale or
1719	lease of tests, scoring protocols, test scoring services, and
1720	related materials developed pursuant to law. Pursuant to the
1721	statewide assessment program, the commissioner shall:
1722	(c)  Develop and implement a student achievement testing
1723	program known as the Florida Comprehensive Assessment Test
1724	(FCAT) as part of the statewide assessment program, to be
1725	administered annually in grades 3 through 10 to measure reading,
1726	writing, science, and mathematics. Other content areas may be
1727	included as directed by the commissioner. The assessment of
1728	reading and mathematics shall be administered annually in grades
1729	3 through 10. The assessment of writing and science shall be
1730	administered at least once at the elementary, middle, and high
1731	school levels. The commissioner must document the procedures
1732	that ensure that the versions of the FCAT taken by students
1733	retaking the grade 10 FCAT are as equally challenging and
1734	difficult as the tests taken by students in grade 10 that
1735	contain performance tasks. The testing program must be designed
1736	so that:
1737	1.  The tests measure student skills and competencies
1738	adopted by the State Board of Education as specified in
1739	paragraph (a). The tests must measure and report student
1740	proficiency levels of all students assessed in reading, writing,
1741	mathematics, and science. The commissioner shall provide for the
1742	tests to be developed or obtained, as appropriate, through
1743	contracts and project agreements with private vendors, public
1744	vendors, public agencies, postsecondary educational
1745	institutions, or school districts. The commissioner shall obtain
1746	input with respect to the design and implementation of the
1747	testing program from state educators, assistive technology
1748	experts, and the public.
1749	2.  The testing program will include a combination of norm-
1750	referenced and criterion-referenced tests and include, to the
1751	extent determined by the commissioner, questions that require
1752	the student to produce information or perform tasks in such a
1753	way that the skills and competencies he or she uses can be
1754	measured.
1755	3.  Each testing program, whether at the elementary,
1756	middle, or high school level, includes a test of writing in
1757	which students are required to produce writings that are then
1758	scored by appropriate and timely methods.
1759	4.  A score is designated for each subject area tested,
1760	below which score a student's performance is deemed inadequate.
1761	The school districts shall provide appropriate remedial
1762	instruction to students who score below these levels.
1763	5.  Except as provided in s. 1003.428(8)(b) or s.
1764	1003.43(11)(b), students must earn a passing score on the grade
1765	10 assessment test described in this paragraph or attain
1766	concordant scores on an alternate assessment as described in
1767	subsection (9) in reading, writing, and mathematics to qualify
1768	for a standard regular high school diploma. The State Board of
1769	Education shall designate a passing score for each part of the
1770	grade 10 assessment test. In establishing passing scores, the
1771	state board shall consider any possible negative impact of the
1772	test on minority students. All students who took the grade 10
1773	FCAT during the 2000-2001 school year shall be required to earn
1774	the passing scores in reading and mathematics established by the
1775	State Board of Education for the March 2001 test administration.
1776	Such students who did not earn the established passing scores
1777	and must repeat the grade 10 FCAT are required to earn the
1778	passing scores established for the March 2001 test
1779	administration. All students who take the grade 10 FCAT for the
1780	first time in March 2002 shall be required to earn the passing
1781	scores in reading and mathematics established by the State Board
1782	of Education for the March 2002 test administration. The State
1783	Board of Education shall adopt rules which specify the passing
1784	scores for the grade 10 FCAT. Any such rules, which have the
1785	effect of raising the required passing scores, shall only apply
1786	to students taking the grade 10 FCAT for the first time after
1787	such rules are adopted by the State Board of Education.
1788	6.  Participation in the testing program is mandatory for
1789	all students attending public school, including students served
1790	in Department of Juvenile Justice programs, except as otherwise
1791	prescribed by the commissioner. If a student does not
1792	participate in the statewide assessment, the district must
1793	notify the student's parent and provide the parent with
1794	information regarding the implications of such nonparticipation.
1795	If modifications are made in the student's instruction to
1796	provide accommodations that would not be permitted on the
1797	statewide assessment tests, the district must notify the
1798	student's parent of the implications of such instructional
1799	modifications. A parent must provide signed consent for a
1800	student to receive classroom instructional accommodations
1801	modifications that would not be available or permitted on the
1802	statewide assessments and must acknowledge in writing that he or
1803	she understands the implications of such instructional
1804	accommodations. The State Board of Education shall adopt rules,
1805	based upon recommendations of the commissioner, for the
1806	provision of test accommodations and modifications of procedures
1807	as necessary for students in exceptional education programs and
1808	for students who have limited English proficiency.
1809	Accommodations that negate the validity of a statewide
1810	assessment are not allowable in the administration of the FCAT.
1811	However, instructional accommodations are allowable in the
1812	classroom if included in a student's individual education plan.
1813	Students using instructional accommodations in the classroom
1814	that are not allowable as accommodations on the FCAT may have
1815	the FCAT requirement waived pursuant to the requirements of s.
1816	1003.428(8)(b) or s. 1003.43(11)(b).
1817	7.  A student seeking an adult high school diploma must
1818	meet the same testing requirements that a regular high school
1819	student must meet.
1820	8.  District school boards must provide instruction to
1821	prepare students to demonstrate proficiency in the skills and
1822	competencies necessary for successful grade-to-grade progression
1823	and high school graduation. If a student is provided with
1824	instructional accommodations in the classroom or modifications
1825	that are not allowable as accommodations in the statewide
1826	assessment program, as described in the test manuals, the
1827	district must inform the parent in writing and must provide the
1828	parent with information regarding the impact on the student's
1829	ability to meet expected proficiency levels in reading, writing,
1830	and math. The commissioner shall conduct studies as necessary to
1831	verify that the required skills and competencies are part of the
1832	district instructional programs.
1833	9.  District school boards must provide opportunities for
1834	students to demonstrate an acceptable level of performance on an
1835	alternative standardized assessment approved by the State Board
1836	of Education following enrollment in summer academies.
1837	10.9.  The Department of Education must develop, or select,
1838	and implement a common battery of assessment tools that will be
1839	used in all juvenile justice programs in the state. These tools
1840	must accurately measure the skills and competencies established
1841	in the Florida Sunshine State Standards.
1842	11.  For students seeking a special diploma pursuant to s.
1843	1003.438, the Department of Education must develop or select and
1844	implement an alternate assessment tool that accurately measures
1845	the skills and competencies established in the Sunshine State
1846	Standards for students with disabilities under s. 1003.438.
1847
1848	The commissioner may design and implement student testing
1849	programs, for any grade level and subject area, necessary to
1850	effectively monitor educational achievement in the state,
1851	including the measurement of educational achievement of the
1852	Sunshine State Standards for students with disabilities.
1853	Development and refinement of assessments shall include
1854	universal design principles and accessibility standards that
1855	will prevent any unintended obstacles for students with
1856	disabilities while ensuring the validity and reliability of the
1857	test. These principles should be applicable to all technology
1858	platforms and assistive devices available for the assessments.
1859	The field testing process and psychometric analyses for the
1860	statewide assessment program must include an appropriate
1861	percentage of students with disabilities and an evaluation or
1862	determination of the effect of test items on such students.
1863	(e)  Conduct ongoing research and analysis of student
1864	achievement data, including, without limitation, monitoring
1865	trends in student achievement by grade level and overall student
1866	achievement, identifying school programs that are successful,
1867	and analyzing correlates of school achievement.
1868	(g)  Study the cost and student achievement impact of
1869	secondary end-of-course assessments, including web-based and
1870	performance formats, and report to the Legislature prior to
1871	implementation.
1872	(9)  CONCORDANT SCORES FOR THE FCAT EQUIVALENCIES FOR
1873	STANDARDIZED TESTS.--
1874	(a)  The State Board of Education shall analyze the content
1875	and concordant data sets for widely used high school achievement
1876	tests, including, but not limited to, the PSAT, PLAN, SAT, ACT,
1877	and College Placement Test, to assess if concordant scores for
1878	FCAT scores can be determined for high school graduation,
1879	college placement, and scholarship awards. In cases where
1880	content alignment and concordant scores can be determined, the
1881	Commissioner of Education shall adopt those scores as meeting
1882	the graduation requirement in lieu of achieving the FCAT passing
1883	score and may adopt those scores as being sufficient to achieve
1884	additional purposes as determined by rule. Each time that test
1885	content or scoring procedures are changed for the FCAT or one of
1886	the identified tests, new concordant scores must be determined.
1887	The Commissioner of Education shall approve the use of the SAT
1888	and ACT tests as alternative assessments to the grade 10 FCAT
1889	for the 2003-2004 school year.
1890	(b)  In order to use a concordant subject area score
1891	pursuant to this subsection to Students who attain scores on the
1892	SAT or ACT which equate to the passing scores on the grade 10
1893	FCAT for purposes of high school graduation shall satisfy the
1894	assessment requirement for a standard high school diploma as
1895	provided in s. 1003.429(6)(a), or s. 1003.43(5)(a), or s.
1896	1003.428, for the 2003-2004 school year if the students meet the
1897	requirement in paragraph (b).
1898	(b)  a student must shall be required to take each subject
1899	area of the grade 10 FCAT a total of three times without earning
1900	a passing score in order to use the scores on an alternative
1901	assessment pursuant to paragraph (a). The requirements of this
1902	paragraph This requirement shall not apply to a new student who
1903	enters the Florida is a new student to the public school system
1904	in grade 12, who may either achieve a passing score on the FCAT
1905	or use an approved subject area concordant score to fulfill the
1906	graduation requirement.
1907	(c)  The State Board of Education may define by rule the
1908	allowable uses, other than to satisfy the high school graduation
1909	requirement, for concordant scores as described in this
1910	subsection. Such uses may include, but need not be limited to,
1911	achieving appropriate standardized test scores required for the
1912	awarding of Florida Bright Futures Scholarships and college
1913	placement.
1914	(10)  REPORTS.--The Department of Education shall annually
1915	provide a report to the Governor, the President of the Senate,
1916	and the Speaker of the House of Representatives on the
1917	following:
1918	(a)  Longitudinal performance of students in mathematics
1919	and reading.
1920	(b)  Longitudinal performance of students by grade level in
1921	mathematics and reading.
1922	(c)  Longitudinal performance regarding efforts to close
1923	the achievement gap.
1924	(d)  Longitudinal performance of students on the norm-
1925	referenced component of the FCAT.
1926	(e)  Other student performance data based on national norm-
1927	referenced and criterion-referenced tests, when available, and
1928	numbers of students who after 8th grade enroll in adult
1929	education rather than other secondary education.
1930	Section 38.  Section 1008.221, Florida Statutes, is
1931	repealed.
1932	Section 39.  Paragraphs (b) and (c) of subsection (4),
1933	paragraphs (b) and (c) of subsection (6), paragraph (b) of
1934	subsection (7), and paragraph (b) of subsection (8) of section
1935	1008.25, Florida Statutes, are amended, and paragraph (c) is
1936	added to subsection (8) of that section, to read:
1937	1008.25  Public school student progression; remedial
1938	instruction; reporting requirements.--
1939	(4)  ASSESSMENT AND REMEDIATION.--
1940	(b)  The school in which the student is enrolled must
1941	develop, in consultation with the student's parent, and must
1942	implement a progress monitoring plan. A progress monitoring plan
1943	is intended to provide the school district and the school
1944	flexibility in meeting the academic needs of the student and to
1945	reduce paperwork. A student who is not meeting the school
1946	district or state requirements for proficiency shall be covered
1947	by one of the following plans to target instruction and identify
1948	ways to improve his or her academic achievement:
1949	1.  A federally required student plan such as an individual
1950	education plan;
1951	2.  A schoolwide system of progress monitoring for all
1952	students; or
1953	3.  An individualized progress monitoring plan.
1954
1955	The plan chosen must be an academic improvement plan designed to
1956	assist the student or the school in meeting state and district
1957	expectations for proficiency. For a student for whom a
1958	personalized middle school success plan is required pursuant to
1959	s. 1003.415, the middle school success plan must be incorporated
1960	in the student's academic improvement plan. Beginning with the
1961	2002-2003 school year, If the student has been identified as
1962	having a deficiency in reading, the academic improvement plan
1963	shall identify the student's specific areas of deficiency in
1964	phonemic awareness, phonics, fluency, comprehension, and
1965	vocabulary; the desired levels of performance in these areas;
1966	and the K-12 comprehensive reading plan required by s.
1967	1011.62(8) shall include instructional and support services to
1968	be provided to meet the desired levels of performance. District
1969	school boards may require low-performing students to attend
1970	remediation programs held before or after regular school hours
1971	or during the summer upon the request of the school principal.
1972	Schools shall also provide for the frequent monitoring of the
1973	student's progress in meeting the desired levels of performance.
1974	District school boards shall assist schools and teachers to
1975	implement research-based reading activities that have been shown
1976	to be successful in teaching reading to low-performing students.
1977	Remedial instruction provided during high school may not be in
1978	lieu of English and mathematics credits required for graduation.
1979	(c)  Upon subsequent evaluation, if the documented
1980	deficiency has not been remediated in accordance with the
1981	academic improvement plan, the student may be retained. Each
1982	student who does not meet the minimum performance expectations
1983	defined by the Commissioner of Education for the statewide
1984	assessment tests in reading, writing, science, and mathematics
1985	must continue to be provided with remedial or supplemental
1986	instruction until the expectations are met or the student
1987	graduates from high school or is not subject to compulsory
1988	school attendance.
1989	(6)  ELIMINATION OF SOCIAL PROMOTION.--
1990	(b)  The district school board may only exempt students
1991	from mandatory retention, as provided in paragraph (5)(b), for
1992	good cause. Good cause exemptions shall be limited to the
1993	following:
1994	1.  Limited English proficient students who have had less
1995	than 2 years of instruction in an English for Speakers of Other
1996	Languages program.
1997	2.  Students with disabilities whose individual education
1998	plan indicates that participation in the statewide assessment
1999	program is not appropriate, consistent with the requirements of
2000	State Board of Education rule.
2001	3.  Students who demonstrate an acceptable level of
2002	performance on an alternative standardized reading assessment
2003	approved by the State Board of Education.
2004	4.  Students who demonstrate, through a student portfolio,
2005	that the student is reading on grade level as evidenced by
2006	demonstration of mastery of the Sunshine State Standards in
2007	reading equal to at least a Level 2 performance on the FCAT.
2008	5.  Students with disabilities who participate in the FCAT
2009	and who have an individual education plan or a Section 504 plan
2010	that reflects that the student has received the intensive
2011	remediation in reading, as required by paragraph (4)(b), for
2012	more than 2 years but still demonstrates a deficiency in reading
2013	and was previously retained in kindergarten, grade 1, grade 2,
2014	or grade 3.
2015	6.  Students who have received the intensive remediation in
2016	reading as required by paragraph (4)(b) for 2 or more years but
2017	still demonstrate a deficiency in reading and who were
2018	previously retained in kindergarten, grade 1, grade 2, or grade
2019	3 for a total of 2 years. Intensive reading instruction for
2020	students so promoted must include an altered instructional day
2021	based upon an academic improvement plan that includes
2022	specialized diagnostic information and specific reading
2023	strategies for each student. The district school board shall
2024	assist schools and teachers to implement reading strategies that
2025	research has shown to be successful in improving reading among
2026	low-performing readers.
2027	(c)  Requests for good cause exemptions for students from
2028	the mandatory retention requirement as described in
2029	subparagraphs (b)3. and 4. shall be made consistent with the
2030	following:
2031	1.  Documentation shall be submitted from the student's
2032	teacher to the school principal that indicates that the
2033	promotion of the student is appropriate and is based upon the
2034	student's academic record. In order to minimize paperwork
2035	requirements, such documentation shall consist only of the
2036	existing progress monitoring academic improvement plan,
2037	individual educational plan, if applicable, report card, or
2038	student portfolio.
2039	2.  The school principal shall review and discuss such
2040	recommendation with the teacher and make the determination as to
2041	whether the student should be promoted or retained. If the
2042	school principal determines that the student should be promoted,
2043	the school principal shall make such recommendation in writing
2044	to the district school superintendent. The district school
2045	superintendent shall accept or reject the school principal's
2046	recommendation in writing.
2047	(7)  SUCCESSFUL PROGRESSION FOR RETAINED READERS.--
2048	(b)  Beginning with the 2004-2005 school year, each school
2049	district shall:
2050	1.  Conduct a review of student progress monitoring
2051	academic improvement plans for all students who did not score
2052	above Level 1 on the reading portion of the FCAT and did not
2053	meet the criteria for one of the good cause exemptions in
2054	paragraph (6)(b). The review shall address additional supports
2055	and services, as described in this subsection, needed to
2056	remediate the identified areas of reading deficiency. The school
2057	district shall require a student portfolio to be completed for
2058	each such student.
2059	2.  Provide students who are retained under the provisions
2060	of paragraph (5)(b) with intensive instructional services and
2061	supports to remediate the identified areas of reading
2062	deficiency, including a minimum of 90 minutes of daily,
2063	uninterrupted, scientifically research-based reading instruction
2064	and other strategies prescribed by the school district, which
2065	may include, but are not limited to:
2066	a.  Small group instruction.
2067	b.  Reduced teacher-student ratios.
2068	c.  More frequent progress monitoring.
2069	d.  Tutoring or mentoring.
2070	e.  Transition classes containing 3rd and 4th grade
2071	students.
2072	f.  Extended school day, week, or year.
2073	g.  Summer reading camps.
2074	3.  Provide written notification to the parent of any
2075	student who is retained under the provisions of paragraph (5)(b)
2076	that his or her child has not met the proficiency level required
2077	for promotion and the reasons the child is not eligible for a
2078	good cause exemption as provided in paragraph (6)(b). The
2079	notification must comply with the provisions of s. 1002.20(14)
2080	and must include a description of proposed interventions and
2081	supports that will be provided to the child to remediate the
2082	identified areas of reading deficiency.
2083	4.  Implement a policy for the midyear promotion of any
2084	student retained under the provisions of paragraph (5)(b) who
2085	can demonstrate that he or she is a successful and independent
2086	reader, reading at or above grade level, and ready to be
2087	promoted to grade 4. Tools that school districts may use in
2088	reevaluating any student retained may include subsequent
2089	assessments, alternative assessments, and portfolio reviews, in
2090	accordance with rules of the State Board of Education. Students
2091	promoted during the school year after November 1 must
2092	demonstrate proficiency above that required to score at Level 2
2093	on the grade 3 FCAT, as determined by the State Board of
2094	Education. The State Board of Education shall adopt standards
2095	that provide a reasonable expectation that the student's
2096	progress is sufficient to master appropriate 4th grade level
2097	reading skills.
2098	5.  Provide students who are retained under the provisions
2099	of paragraph (5)(b) with a high-performing teacher as determined
2100	by student performance data and above-satisfactory performance
2101	appraisals.
2102	6.  In addition to required reading enhancement and
2103	acceleration strategies, provide parents of students to be
2104	retained with at least one of the following instructional
2105	options:
2106	a.  Supplemental tutoring in scientifically research-based
2107	reading services in addition to the regular reading block,
2108	including tutoring before and/or after school.
2109	b.  A "Read at Home" plan outlined in a parental contract,
2110	including participation in "Families Building Better Readers
2111	Workshops" and regular parent-guided home reading.
2112	c.  A mentor or tutor with specialized reading training.
2113	7.  Establish a Reading Enhancement and Acceleration
2114	Development (READ) Initiative. The focus of the READ Initiative
2115	shall be to prevent the retention of grade 3 students and to
2116	offer intensive accelerated reading instruction to grade 3
2117	students who failed to meet standards for promotion to grade 4
2118	and to each K-3 student who is assessed as exhibiting a reading
2119	deficiency. The READ Initiative shall:
2120	a.  Be provided to all K-3 students at risk of retention as
2121	identified by the statewide assessment system used in Reading
2122	First schools. The assessment must measure phonemic awareness,
2123	phonics, fluency, vocabulary, and comprehension.
2124	b.  Be provided during regular school hours in addition to
2125	the regular reading instruction.
2126	c.  Provide a state-identified reading curriculum that has
2127	been reviewed by the Florida Center for Reading Research at
2128	Florida State University and meets, at a minimum, the following
2129	specifications:
2130	(I)  Assists students assessed as exhibiting a reading
2131	deficiency in developing the ability to read at grade level.
2132	(II)  Provides skill development in phonemic awareness,
2133	phonics, fluency, vocabulary, and comprehension.
2134	(III)  Provides scientifically based and reliable
2135	assessment.
2136	(IV)  Provides initial and ongoing analysis of each
2137	student's reading progress.
2138	(V)  Is implemented during regular school hours.
2139	(VI)  Provides a curriculum in core academic subjects to
2140	assist the student in maintaining or meeting proficiency levels
2141	for the appropriate grade in all academic subjects.
2142	8.  Establish at each school, where applicable, an
2143	Intensive Acceleration Class for retained grade 3 students who
2144	subsequently score at Level 1 on the reading portion of the
2145	FCAT. The focus of the Intensive Acceleration Class shall be to
2146	increase a child's reading level at least two grade levels in 1
2147	school year. The Intensive Acceleration Class shall:
2148	a.  Be provided to any student in grade 3 who scores at
2149	Level 1 on the reading portion of the FCAT and who was retained
2150	in grade 3 the prior year because of scoring at Level 1 on the
2151	reading portion of the FCAT.
2152	b.  Have a reduced teacher-student ratio.
2153	c.  Provide uninterrupted reading instruction for the
2154	majority of student contact time each day and incorporate
2155	opportunities to master the grade 4 Sunshine State Standards in
2156	other core subject areas.
2157	d.  Use a reading program that is scientifically research-
2158	based and has proven results in accelerating student reading
2159	achievement within the same school year.
2160	e.  Provide intensive language and vocabulary instruction
2161	using a scientifically research-based program, including use of
2162	a speech-language therapist.
2163	f.  Include weekly progress monitoring measures to ensure
2164	progress is being made.
2165	g.  Report to the Department of Education, in the manner
2166	described by the department, the progress of students in the
2167	class at the end of the first semester.
2168	9.  Report to the State Board of Education, as requested,
2169	on the specific intensive reading interventions and supports
2170	implemented at the school district level. The Commissioner of
2171	Education shall annually prescribe the required components of
2172	requested reports.
2173	10.  Provide a student who has been retained in grade 3 and
2174	has received intensive instructional services but is still not
2175	ready for grade promotion, as determined by the school district,
2176	the option of being placed in a transitional instructional
2177	setting. Such setting shall specifically be designed to produce
2178	learning gains sufficient to meet grade 4 performance standards
2179	while continuing to remediate the areas of reading deficiency.
2180	(8)  ANNUAL REPORT.--
2181	(b)  Beginning with the 2001-2002 school year, Each
2182	district school board must annually publish in the local
2183	newspaper, and report in writing to the State Board of Education
2184	by September 1 of each year, the following information on the
2185	prior school year:
2186	1.  The provisions of this section relating to public
2187	school student progression and the district school board's
2188	policies and procedures on student retention and promotion.
2189	2.  By grade, the number and percentage of all students in
2190	grades 3 through 10 performing at Levels 1 and 2 on the reading
2191	portion of the FCAT.
2192	3.  By grade, the number and percentage of all students
2193	retained in grades 3 through 10.
2194	4.  Information on the total number of students who were
2195	promoted for good cause, by each category of good cause as
2196	specified in paragraph (6)(b).
2197	5.  Any revisions to the district school board's policy on
2198	student retention and promotion from the prior year.
2199	(c)  The Department of Education shall establish a uniform
2200	format for school districts to report the information required
2201	in paragraph (b). The format shall be developed with input from
2202	district school boards and shall be provided not later than 90
2203	days prior to the annual due date. The department shall annually
2204	compile the information required in subparagraphs (b)2., 3., and
2205	4., along with state-level summary information, and report such
2206	information to the Governor, the President of the Senate, and
2207	the Speaker of the House of Representatives.
2208	Section 40.  Section 1008.301, Florida Statutes, is
2209	repealed.
2210	Section 41.  Paragraphs (d) and (e) of subsection (1),
2211	paragraphs (b) and (c) of subsection (2), and subsection (3) of
2212	section 1008.31, Florida Statutes, are amended, and subsection
2213	(4) is added to that section, to read:
2214	1008.31  Florida's K-20 education performance
2215	accountability system; legislative intent; performance-based
2216	funding; mission, goals, and systemwide measures; data quality
2217	improvements.--
2218	(1)  LEGISLATIVE INTENT.--It is the intent of the
2219	Legislature that:
2220	(d)  The State Board of Education and the Board of
2221	Governors of the State University System recommend to the
2222	Legislature systemwide performance standards; the Legislature
2223	establish systemwide performance measures and standards; and the
2224	systemwide measures and standards provide Floridians with
2225	information on what the public is receiving in return for the
2226	funds it invests in education and how well the K-20 system
2227	educates its students.
2228	(e)1.  The State Board of Education establish performance
2229	measures and set performance standards for individual components
2230	of the public education system, including individual schools and
2231	community colleges postsecondary educational institutions, with
2232	measures and standards based primarily on student achievement.
2233	2.  The Board of Governors of the State University System
2234	establish performance measures and set performance standards for
2235	individual state universities.
2236	(2)  MISSION, GOALS, AND SYSTEMWIDE MEASURES.--
2237	(b)  The process State Board of Education shall adopt
2238	guiding principles for establishing state and sector-specific
2239	standards and measures must be:
2240	1.  Focused on student success.
2241	2.  Addressable through policy and program changes.
2242	3.  Efficient and of high quality.
2243	4.  Measurable over time.
2244	5.  Simple to explain and display to the public.
2245	6.  Aligned with other measures and other sectors to
2246	support a coordinated K-20 education system.
2247	(c)  The Department State Board of Education shall maintain
2248	an accountability system that measures student progress toward
2249	the following goals:
2250	1.  Highest student achievement, as indicated by evidence
2251	of student learning gains at all levels measured by: student
2252	FCAT performance and annual learning gains; the number and
2253	percentage of schools that improve at least one school
2254	performance grade designation or maintain a school performance
2255	grade designation of "A" pursuant to s. 1008.34; graduation or
2256	completion rates at all learning levels; and other measures
2257	identified in law or rule.
2258	2.  Seamless articulation and maximum access, as measured
2259	by evidence of progression, readiness, and access by targeted
2260	groups of students identified by the Commissioner of Education:
2261	the percentage of students who demonstrate readiness for the
2262	educational level they are entering, from kindergarten through
2263	postsecondary education and into the workforce; the number and
2264	percentage of students needing remediation; the percentage of
2265	Floridians who complete associate, baccalaureate, graduate,
2266	professional, and postgraduate degrees; the number and
2267	percentage of credits that articulate; the extent to which each
2268	set of exit-point requirements matches the next set of entrance-
2269	point requirements; the degree to which underserved populations
2270	access educational opportunity; the extent to which access is
2271	provided through innovative educational delivery strategies; and
2272	other measures identified in law or rule.
2273	3.  Skilled workforce and economic development, as measured
2274	by evidence of employment and earnings: the number and
2275	percentage of graduates employed in their areas of preparation;
2276	the percentage of Floridians with high school diplomas and
2277	postsecondary education credentials; the percentage of business
2278	and community members who find that Florida's graduates possess
2279	the skills they need; national rankings; and other measures
2280	identified in law or rule.
2281	4.  Quality efficient services, as measured by evidence of
2282	return on investment: cost per completer or graduate; average
2283	cost per noncompleter at each educational level; cost disparity
2284	across institutions offering the same degrees; the percentage of
2285	education customers at each educational level who are satisfied
2286	with the education provided; and other measures identified in
2287	law or rule.
2288	5.  Other goals as identified by law or rule.
2289	(3)  K-20 EDUCATION DATA QUALITY IMPROVEMENTS SYSTEMWIDE
2290	DATA COLLECTION.--To provide data required to implement
2291	education performance accountability measures in state and
2292	federal law, the Commissioner of Education shall initiate and
2293	maintain strategies to improve data quality and timeliness. All
2294	data collected from state universities shall, as determined by
2295	the commissioner, be integrated into the K-20 data warehouse.
2296	The commissioner shall have unlimited access to such data solely
2297	for the purposes of conducting studies, reporting annual and
2298	longitudinal student outcomes, and improving college readiness
2299	and articulation. All public educational institutions shall
2300	provide data to the K-20 data warehouse in a format specified by
2301	the commissioner.
2302	(a)  School districts and public postsecondary educational
2303	institutions shall maintain information systems that will
2304	provide the State Board of Education, the Board of Governors of
2305	the State University System, and the Legislature with
2306	information and reports necessary to address the specifications
2307	of the accountability system. The State Board of Education shall
2308	determine the standards for the required data. The level of
2309	comprehensiveness and quality shall be no less than that which
2310	was available as of June 30, 2001.
2311	(b)  The Commissioner of Education shall determine the
2312	standards for the required data, monitor data quality, and
2313	measure improvements. The commissioner shall report annually to
2314	the State Board of Education, the Board of Governors of the
2315	State University System, the President of the Senate, and the
2316	Speaker of the House of Representatives data quality indicators
2317	and ratings for all school districts and public postsecondary
2318	educational institutions.
2319	(c)  Before establishing any new reporting or data
2320	collection requirements, the Commissioner of Education shall
2321	utilize existing data being collected to reduce duplication and
2322	minimize paperwork.
2323	(4)  RULES.--The State Board of Education shall adopt rules
2324	pursuant to ss. 120.536(1) and 120.54 to implement the
2325	provisions of this section relating to the K-20 data warehouse.
2326	Section 42.  Subsections (1), (2), and (4) of section
2327	1008.33, Florida Statutes, are amended to read:
2328	1008.33  Authority to enforce public school
2329	improvement.--It is the intent of the Legislature that all
2330	public schools be held accountable for students performing at
2331	acceptable levels. A system of school improvement and
2332	accountability that assesses student performance by school,
2333	identifies schools in which students are not making adequate
2334	progress toward state standards, institutes appropriate measures
2335	for enforcing improvement, and provides rewards and sanctions
2336	based on performance shall be the responsibility of the State
2337	Board of Education.
2338	(1)  Pursuant to Art. IX of the State Constitution
2339	prescribing the duty of the State Board of Education to
2340	supervise Florida's public school system and notwithstanding any
2341	other statutory provisions to the contrary, the State Board of
2342	Education shall intervene in the operation of a district school
2343	system when one or more schools in the school district have
2344	failed to make adequate progress for 2 school years in a 4-year
2345	period. For purposes of determining when a school is eligible
2346	for state board action and opportunity scholarships for its
2347	students, the terms "2 years in any 4-year period" and "2 years
2348	in a 4-year period" mean that in any year that a school has a
2349	grade of "F," the school is eligible for state board action and
2350	opportunity scholarships for its students if it also has had a
2351	grade of "F" in any of the previous 3 school years. The State
2352	Board of Education may determine that the school district or
2353	school has not taken steps sufficient for students in the school
2354	to be academically well served. Considering recommendations of
2355	the Commissioner of Education, the State Board of Education
2356	shall recommend action to a district school board intended to
2357	improve educational services to students in each school that is
2358	designated with a as performance grade of category "F."
2359	Recommendations for actions to be taken in the school district
2360	shall be made only after thorough consideration of the unique
2361	characteristics of a school, which shall include student
2362	mobility rates, the number and type of exceptional students
2363	enrolled in the school, and the availability of options for
2364	improved educational services. The state board shall adopt by
2365	rule steps to follow in this process. Such steps shall provide
2366	school districts sufficient time to improve student performance
2367	in schools and the opportunity to present evidence of assistance
2368	and interventions that the district school board has
2369	implemented.
2370	(2)  The State Board of Education may recommend one or more
2371	of the following actions to district school boards to enable
2372	students in schools designated with a as performance grade of
2373	category "F" to be academically well served by the public school
2374	system:
2375	(a)  Provide additional resources, change certain
2376	practices, and provide additional assistance if the state board
2377	determines the causes of inadequate progress to be related to
2378	school district policy or practice;
2379	(b)  Implement a plan that satisfactorily resolves the
2380	education equity problems in the school;
2381	(c)  Contract for the educational services of the school,
2382	or reorganize the school at the end of the school year under a
2383	new school principal who is authorized to hire new staff and
2384	implement a plan that addresses the causes of inadequate
2385	progress;
2386	(d)  Authorize the school principal to recommend corrective
2387	actions for low-performing faculty and staff as necessary to
2388	improve educational opportunities and the performance of
2389	students;
2390	(e)(d)  Allow parents of students in the school to send
2391	their children to another district school of their choice; or
2392	(f)(e)  Other action appropriate to improve the school's
2393	performance, including, if the school is a high school,
2394	requiring annual publication of the school's graduation rate
2395	calculated without GED tests for the past 3 years, disaggregated
2396	by student ethnicity.
2397	(4)  The State Board of Education may require the
2398	Department of Education or Chief Financial Officer to withhold
2399	any transfer of state funds to the school district if, within
2400	the timeframe specified in state board action, the school
2401	district has failed to comply with the action ordered to improve
2402	the district's low-performing schools. Withholding the transfer
2403	of funds shall occur only after all other recommended actions
2404	for school improvement have failed to improve performance. The
2405	State Board of Education may impose the same penalty on any
2406	district school board that fails to develop and implement a plan
2407	for assistance and intervention for low-performing schools as
2408	specified in s. 1001.42(16)(d)(c).
2409	Section 43.  Section 1008.34, Florida Statutes, is amended
2410	to read:
2411	1008.34  School grading system; school report cards;
2412	district performance grade.--
2413	(1)  ANNUAL REPORTS.--The Commissioner of Education shall
2414	prepare annual reports of the results of the statewide
2415	assessment program which describe student achievement in the
2416	state, each district, and each school. The commissioner shall
2417	prescribe the design and content of these reports, which must
2418	include, without limitation, descriptions of the performance of
2419	all schools participating in the assessment program and all of
2420	their major student populations as determined by the
2421	Commissioner of Education, and must also include the median
2422	scores of all eligible students who scored at or in the lowest
2423	25th percentile of the state in the previous school year;
2424	provided, however, that the provisions of s. 1002.22 pertaining
2425	to student records apply to this section.
2426	(2)  SCHOOL GRADES PERFORMANCE GRADE CATEGORIES.--The
2427	annual report shall identify schools as having one of the
2428	following grades being in one of the following grade categories
2429	defined according to rules of the State Board of Education:
2430	(a)  "A," schools making excellent progress.
2431	(b)  "B," schools making above average progress.
2432	(c)  "C," schools making satisfactory progress.
2433	(d)  "D," schools making less than satisfactory progress.
2434	(e)  "F," schools failing to make adequate progress.
2435
2436	Each school designated with a in performance grade of category
2437	"A," making excellent progress, or having improved at least two
2438	performance grade levels categories, shall have greater
2439	authority over the allocation of the school's total budget
2440	generated from the FEFP, state categoricals, lottery funds,
2441	grants, and local funds, as specified in state board rule. The
2442	rule must provide that the increased budget authority shall
2443	remain in effect until the school's performance grade declines.
2444	(3)  DESIGNATION OF SCHOOL GRADES PERFORMANCE GRADE
2445	CATEGORIES.--A school that serves any combination of students in
2446	kindergarten through grade 3 that does not receive a school
2447	grade because its students are not tested and included in the
2448	school grading system shall receive the school grade designation
2449	of a feeder pattern school identified by the Department of
2450	Education and verified by the school district. A school feeder
2451	pattern exists if at least 60 percent of the students in the
2452	school serving a combination of students in kindergarten through
2453	grade 3 are scheduled to be assigned to the graded school.
2454	School grades performance grade category designations itemized
2455	in subsection (2) shall be based on the following:
2456	(a)  Criteria Timeframes.--A school's grade shall be based
2457	on a combination of:
2458	1.  Student achievement scores School performance grade
2459	category designations shall be based on the school's current
2460	year performance and the school's annual learning gains.
2461	2.  A school's performance grade category designation shall
2462	be based on a combination of student achievement scores, Student
2463	learning gains as measured by annual FCAT assessments in grades
2464	3 through 10. Learning gains for students seeking a special
2465	diploma, as measured by an alternate assessment tool, shall be
2466	included not later than the 2009-2010 school year., and
2467	3.  Improvement of the lowest 25th percentile of students
2468	in the school in reading, math, or writing on the FCAT, unless
2469	these students are exhibiting performing above satisfactory
2470	performance.
2471	(b)  Student assessment data.--Student assessment data used
2472	in determining school grades performance grade categories shall
2473	include:
2474	1.  The aggregate scores of all eligible students enrolled
2475	in the school who have been assessed on the FCAT.
2476	2.  The aggregate scores of all eligible students enrolled
2477	in the school who have been assessed on the FCAT, including
2478	Florida Writes, and who have scored at or in the lowest 25th
2479	percentile of students in the school in reading, math, or
2480	writing, unless these students are exhibiting performing above
2481	satisfactory performance.
2482
2483	The Department of Education shall study the effects of mobility
2484	on the performance of highly mobile students and recommend
2485	programs to improve the performance of such students. The State
2486	Board of Education shall adopt appropriate criteria for each
2487	school performance grade category. The criteria must also give
2488	added weight to student achievement in reading. Schools
2489	designated with a as performance grade of category "C," making
2490	satisfactory progress, shall be required to demonstrate that
2491	adequate progress has been made by students in the school who
2492	are in the lowest 25th percentile in reading, math, or writing
2493	on the FCAT, including Florida Writes, unless these students are
2494	exhibiting performing above satisfactory performance.
2495	(4)  SCHOOL GRADING FOR ALTERNATIVE SCHOOLS.--Alternative
2496	schools providing dropout prevention and academic intervention
2497	services may choose to receive a school grade pursuant to
2498	subsections (2) and (3) or an improvement rating pursuant to s.
2499	1008.341 according to the following requirements:
2500	(a)  If an alternative school chooses to be graded pursuant
2501	to this section, student performance data as identified in
2502	subsection (3) shall not be included in the home school's grade
2503	but shall only be included in calculation of the alternative
2504	school's grade unless the Commissioner of Education requires
2505	that the alternative school's student assessment data must be
2506	included in the home school's grade based on a finding of
2507	collusion to avoid the state's accountability system.
2508	(b)  If an alternative school chooses to receive an
2509	improvement rating pursuant to s. 1008.341, student performance
2510	data as identified in subsection (3) shall be included in the
2511	home school's grade, except for achievement scores and learning
2512	gains of students attending alternative schools who are subject
2513	to district school board policies for expulsion for repeated or
2514	serious offenses, in dropout retrieval programs serving students
2515	officially designated as dropouts, or in Department of Juvenile
2516	Justice operated and contracted programs.
2517
2518	For purposes of this section and s. 1008.341, "home school"
2519	means the school the student was attending when assigned to an
2520	alternative school or the school to which the student would be
2521	assigned if the student left the alternative school. School
2522	districts must require collaboration between the home school and
2523	the alternative school to promote student success.
2524	(5)(4)  SCHOOL IMPROVEMENT RATINGS.--The annual report
2525	shall identify each school's performance as having improved,
2526	remained the same, or declined. This school improvement rating
2527	shall be based on a comparison of the current year's and
2528	previous year's student and school performance data. Schools
2529	that improve at least one performance grade level category are
2530	eligible for school recognition awards pursuant to s. 1008.36.
2531	(6)(5)  SCHOOL REPORT CARD PERFORMANCE GRADE CATEGORY AND
2532	IMPROVEMENT RATING REPORTS.--The Department of Education shall
2533	annually develop, in collaboration with the district school
2534	boards, a school report card to be delivered to parents
2535	throughout each school district. The report card shall include
2536	the school's grade, information regarding school improvement, an
2537	explanation of school performance as evaluated by the federal No
2538	Child Left Behind Act of 2001, and indicators of return on
2539	investment. School performance grade category designations and
2540	improvement ratings shall apply to each school's performance for
2541	the year in which performance is measured. Each school's report
2542	card designation and rating shall be published annually by the
2543	department on its website, of Education and the school district
2544	shall provide the school report card to each parent. Parents
2545	shall be entitled to an easy-to-read report card about the
2546	designation and rating of the school in which their child is
2547	enrolled.
2548	(7)  PERFORMANCE-BASED FUNDING.--The Legislature may factor
2549	in the performance of schools in calculating any
2550	performance-based funding policy that is provided for annually
2551	in the General Appropriations Act.
2552	(8)  DISTRICT PERFORMANCE GRADE.--The annual report
2553	required by subsection (1) shall include district performance
2554	grades, which shall consist of weighted district average grades,
2555	by level, for all elementary schools, middle schools, and high
2556	schools in the district. A district's weighted average grade
2557	shall be calculated by weighting individual school grades
2558	determined pursuant to subsection (2) by school enrollment.
2559	(9)(6)  RULES.--The State Board of Education shall adopt
2560	rules pursuant to ss. 120.536(1) and 120.54 to implement the
2561	provisions of this section.
2562	Section 44.  Section 1008.341, Florida Statutes, is created
2563	to read:
2564	1008.341  School improvement rating for alternative
2565	schools.--
2566	(1)  ANNUAL REPORTS.--The Commissioner of Education shall
2567	prepare an annual report on the performance of each school
2568	receiving a school improvement rating pursuant to this section
2569	provided that the provisions of s. 1002.22 pertaining to student
2570	records shall apply.
2571	(2)  SCHOOL IMPROVEMENT RATING.--Alternative schools that
2572	provide dropout prevention and academic intervention services
2573	may choose to receive a school improvement rating pursuant to
2574	this section in lieu of a school grade pursuant to s. 1008.34.
2575	The school improvement rating shall identify schools as having
2576	one of the following ratings defined according to rules of the
2577	State Board of Education:
2578	(a)  "Improving," schools with students making more
2579	academic progress than when the students were served in their
2580	home schools.
2581	(b)  "Maintaining," schools with students making progress
2582	equivalent to the progress made when the students were served in
2583	their home schools.
2584	(c)  "Declining," schools with students making less
2585	academic progress than when the students were served in their
2586	home schools.
2587
2588	The school improvement rating shall be based on a comparison of
2589	the current year and previous year student performance data.
2590	Schools that improve at least one level or maintain an
2591	"improving" rating pursuant to this section are eligible for
2592	school recognition awards pursuant to s. 1008.36.
2593	(3)  DESIGNATION OF SCHOOL IMPROVEMENT RATING.--Student
2594	data used in determining an alternative school's school
2595	improvement rating shall include:
2596	(a)  The aggregate scores of all students who were assigned
2597	to and enrolled in the school during the October or February FTE
2598	count, who have been assessed on the FCAT, and who have FCAT or
2599	comparable scores for the preceding school year.
2600	(b)  The aggregate scores of all students who were assigned
2601	to and enrolled in the school during the October or February FTE
2602	count, who have been assessed on the FCAT, including Florida
2603	Writes, and who have scored in the lowest 25th percentile of
2604	students in the state on FCAT Reading.
2605	(4)  IDENTIFICATION OF STUDENT LEARNING GAINS.--For each
2606	alternative school receiving a school improvement rating, the
2607	Department of Education shall annually identify the percentage
2608	of students making learning gains as compared to the percentage
2609	of the same students making learning gains in their home schools
2610	in the year prior to being assigned to the alternative school.
2611	(5)  SCHOOL REPORT CARD.--The Department of Education shall
2612	annually develop, in collaboration with the school districts, a
2613	school report card for alternative schools to be delivered to
2614	parents throughout each school district. The report card shall
2615	include the school improvement rating, identification of student
2616	learning gains, information regarding school improvement, an
2617	explanation of school performance as evaluated by the federal No
2618	Child Left Behind Act of 2001, and indicators of return on
2619	investment.
2620	(6)  RULES.--The State Board of Education may adopt rules
2621	pursuant to ss. 120.536(1) and 120.54 to implement the
2622	provisions of this section.
2623	Section 45.  Subsection (5), paragraphs (b) and (d) of
2624	subsection (6), and subsection (7) of section 1008.345, Florida
2625	Statutes, are amended to read:
2626	1008.345  Implementation of state system of school
2627	improvement and education accountability.--
2628	(5)  The commissioner shall report to the Legislature and
2629	recommend changes in state policy necessary to foster school
2630	improvement and education accountability. Included in the report
2631	shall be a list of the schools, including schools operating for
2632	the purpose of providing educational services to youth in
2633	Department of Juvenile Justice programs, for which district
2634	school boards have developed assistance and intervention plans
2635	and an analysis of the various strategies used by the school
2636	boards. School reports shall be distributed pursuant to this
2637	subsection and s. 1001.42(16)(f)(e) and according to rules
2638	adopted by the State Board of Education.
2639	(6)
2640	(b)  Upon request, the department shall provide technical
2641	assistance and training to any school, including any school
2642	operating for the purpose of providing educational services to
2643	youth in Department of Juvenile Justice programs, school
2644	advisory council, district, or district school board for
2645	conducting needs assessments, developing and implementing school
2646	improvement plans, developing and implementing assistance and
2647	intervention plans, or implementing other components of school
2648	improvement and accountability. Priority for these services
2649	shall be given to schools designated with a as performance grade
2650	of category "D" or "F" and school districts in rural and
2651	sparsely populated areas of the state.
2652	(d)1.  The commissioner department shall assign a community
2653	assessment team to each school district or governing board with
2654	a school graded designated as performance grade category "D" or
2655	"F" or a school graded "D" for 2 years in a 4-year period to
2656	review the school performance data and determine causes for the
2657	low performance, including the role of school, area, and
2658	district administrative personnel. For a high school graded "F"
2659	or a high school graded "D" for 2 years in a 4-year period, the
2660	community assessment team shall review the school's graduation
2661	rate calculated without GED tests for the past 3 years,
2662	disaggregated by student ethnicity. The team shall make
2663	recommendations to the school board or the governing board, to
2664	the department, and to the State Board of Education for
2665	implementing an assistance and intervention plan that will
2666	address the causes of the school's low performance. The
2667	assessment team shall include, but not be limited to, a
2668	department representative, parents, business representatives,
2669	educators, and community activists, and shall represent the
2670	demographics of the community from which they are appointed.
2671	2.  Each school district or governing board that has a
2672	school designated with a grade of "F" for a second consecutive
2673	year after the community assessment team's recommendations to
2674	the school board or the governing board for implementing an
2675	assistance and intervention plan shall be subject to review and
2676	oversight by the Governor as a school district or governing
2677	board with a school in a state of educational emergency.
2678	3.  For each school district or governing board with a
2679	school in a state of educational emergency, the Governor shall
2680	contact the district school board or the governing board to
2681	determine what actions have been taken by the district school
2682	board or the governing board to address the recommendations of
2683	the community assessment team and to resolve the educational
2684	emergency. The Governor shall determine whether the district
2685	school board or the governing board needs state assistance to
2686	resolve the educational emergency. If state assistance is
2687	needed, the Governor has the authority to implement measures as
2688	set forth in this subparagraph to assist the district school
2689	board or the governing board in resolving the educational
2690	emergency at the school. Such measures may include, but are not
2691	limited to:
2692	a.  Requiring the Governor's approval of the school
2693	district's budget or the governing board's budget for the
2694	school.
2695	b.  Authorizing a state loan and providing for its
2696	repayment by the district school board or the governing board.
2697	c.  Requiring the district school board or the governing
2698	board to reallocate funds as necessary until such time as the
2699	school district or the governing board no longer has a school in
2700	a state of educational emergency.
2701	d.  Making inspections and reviews of any records,
2702	information, reports, and assets of the school district or the
2703	governing board for the purpose of improving the school's
2704	performance. The appropriate school district or governing board
2705	officials shall cooperate in such inspections and reviews.
2706	e.  Consulting with officials and auditors of the school
2707	district or the governing board and the appropriate state
2708	officials regarding any steps necessary to bring the books of
2709	account, accounting systems, financial procedures, personnel,
2710	and personnel systems into compliance with state requirements
2711	for the purpose of improving the school's performance.
2712	f.  Providing technical assistance to the district school
2713	board or the governing board.
2714	g.  Establishing an educational emergency board to oversee
2715	the activities of the district school board or the governing
2716	board related to the school. If an educational emergency board
2717	is established, the Governor shall appoint board members and
2718	select a chair. The community assessment team shall serve in an
2719	advisory capacity to the educational emergency board. The
2720	educational emergency board shall adopt such rules as are
2721	necessary for conducting board business. The board may review
2722	all of the educational operations, including, but not limited
2723	to, graduation and dropout rates, personnel, management,
2724	efficiency, curriculum, instructional materials, productivity,
2725	and financing of functions and operations, of the school
2726	district or the governing board related to the school. The
2727	recommendations and reports made by the educational emergency
2728	board must be submitted to the Governor and the State Board of
2729	Education for appropriate action. Upon receipt of the
2730	educational emergency board's recommendations and report, the
2731	Governor and the State Board of Education shall require an
2732	action plan to implement the educational emergency board's
2733	recommendations, to be prepared by officials of the school
2734	district or the governing board in consultation with the
2735	appropriate state officials, so as to cause the school to no
2736	longer be in a state of educational emergency.
2737	4.  The Governor may terminate all state actions pursuant
2738	to this paragraph upon determination that the school is no
2739	longer in a state of educational emergency and the school
2740	district or the governing board is operating an effective
2741	educational system for its students.
2742	(7)(a)  Schools designated with a in performance grade of
2743	category "A," making excellent progress, shall, if requested by
2744	the school, be given deregulated status as specified in s.
2745	1003.63(5), (7), (8), (9), and (10).
2746	(b)  Schools that have improved at least two grades
2747	performance grade categories and that meet the criteria of the
2748	Florida School Recognition Program pursuant to s. 1008.36 may be
2749	given deregulated status as specified in s. 1003.63(5), (7),
2750	(8), (9), and (10).
2751	Section 46.  Subsections (3), (4), and (5) of section
2752	1008.36, Florida Statutes, are amended to read:
2753	1008.36  Florida School Recognition Program.--
2754	(3)  All public schools, including charter schools and
2755	feeder pattern schools, that receive a school grade pursuant to
2756	s. 1008.34 or a school improvement rating pursuant to s.
2757	1008.341 are eligible to participate in the program.
2758	(4)  All selected schools shall receive financial awards
2759	depending on the availability of funds appropriated and the
2760	number and size of schools selected to receive an award. Funds
2761	must be distributed to the school's fiscal agent and placed in
2762	the school's account and must be used for purposes listed in
2763	subsection (5) as determined by the staff and school advisory
2764	council pursuant to s. 1001.452 in the annual school improvement
2765	plan required under s. 1001.42(16)(a). If such a determination
2766	is not included in the school improvement plan at the time of
2767	its annual approval by the district school board, the school
2768	shall not be eligible to receive a financial award jointly by
2769	the school's staff and school advisory council. If school staff
2770	and the school advisory council cannot reach agreement by
2771	November 1, the awards must be equally distributed to all
2772	classroom teachers currently teaching in the school.
2773	(5)  School recognition awards must be used for the
2774	following:
2775	(a)  Nonrecurring bonuses to the faculty and staff who
2776	worked at the school during the year of improved performance and
2777	additional employees as determined in the school improvement
2778	plan;
2779	(b)  Nonrecurring expenditures for educational equipment,
2780	or materials, or student incentives to assist in maintaining and
2781	improving student performance; or
2782	(c)  Temporary personnel for the school to assist in
2783	maintaining and improving student performance.
2784
2785	Notwithstanding statutory provisions to the contrary, incentive
2786	awards are not subject to collective bargaining.
2787	Section 47.  Paragraphs (f), (h), (l), (m), and (n) of
2788	subsection (1) and paragraphs (a) and (b) of subsection (4) of
2789	section 1011.62, Florida Statutes, are amended, subsections (8)
2790	and (9) are renumbered as subsections (9) and (10),
2791	respectively, and amended, and a new subsection (8) is added to
2792	that section, to read:
2793	1011.62  Funds for operation of schools.--If the annual
2794	allocation from the Florida Education Finance Program to each
2795	district for operation of schools is not determined in the
2796	annual appropriations act or the substantive bill implementing
2797	the annual appropriations act, it shall be determined as
2798	follows:
2799	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
2800	OPERATION.--The following procedure shall be followed in
2801	determining the annual allocation to each district for
2802	operation:
2803	(f)  Supplemental academic instruction; categorical fund.--
2804	1.  There is created a categorical fund to provide
2805	supplemental academic instruction to students in kindergarten
2806	through grade 12. This paragraph may be cited as the
2807	"Supplemental Academic Instruction Categorical Fund."
2808	2.  Categorical funds for supplemental academic instruction
2809	shall be allocated annually to each school district in the
2810	amount provided in the General Appropriations Act. These funds
2811	shall be in addition to the funds appropriated on the basis of
2812	FTE student membership in the Florida Education Finance Program
2813	and shall be included in the total potential funds of each
2814	district. These funds shall be used to provide supplemental
2815	academic instruction to students enrolled in the K-12 program.
2816	Supplemental instruction strategies may include, but are not
2817	limited to: modified curriculum, reading instruction, after-
2818	school instruction, tutoring, mentoring, class size reduction,
2819	extended school year, intensive skills development in summer
2820	school, and other methods for improving student achievement.
2821	Supplemental instruction may be provided to a student in any
2822	manner and at any time during or beyond the regular 180-day term
2823	identified by the school as being the most effective and
2824	efficient way to best help that student progress from grade to
2825	grade and to graduate.
2826	3.  Effective with the 1999-2000 fiscal year, funding on
2827	the basis of FTE membership beyond the 180-day regular term
2828	shall be provided in the FEFP only for students enrolled in
2829	juvenile justice education programs or in an education program
2830	for juveniles under s. 985.223. Funding for instruction beyond
2831	the regular 180-day school year for all other K-12 students
2832	shall be provided through the supplemental academic instruction
2833	categorical fund and other state, federal, and local fund
2834	sources with ample flexibility for schools to provide
2835	supplemental instruction to assist students in progressing from
2836	grade to grade and graduating.
2837	4.  The Florida State University School, as a lab school,
2838	is authorized to expend from its FEFP or Lottery Enhancement
2839	Trust Fund allocation the cost to the student of remediation in
2840	reading, writing, or mathematics for any graduate who requires
2841	remediation at a postsecondary educational institution.
2842	5.  Beginning in the 1999-2000 school year, dropout
2843	prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
2844	(b), and (c), and 1003.54 shall be included in group 1 programs
2845	under subparagraph (d)3.
2846	(h)  Small, isolated high schools.--Districts which levy
2847	the maximum nonvoted discretionary millage, exclusive of millage
2848	for capital outlay purposes levied pursuant to s. 1011.71(2),
2849	may calculate full-time equivalent students for small, isolated
2850	high schools by multiplying the number of unweighted full-time
2851	equivalent students times 2.75; provided the school has attained
2852	a state accountability performance grade category of "C" or
2853	better, pursuant to s. 1008.34, for the previous school year.
2854	For the purpose of this section, the term "small, isolated high
2855	school" means any high school which is located no less than 28
2856	miles by the shortest route from another high school; which has
2857	been serving students primarily in basic studies provided by
2858	sub-subparagraphs (c)1.b. and c. and may include subparagraph
2859	(c)4.; and which has a membership of no more than 100 students,
2860	but no fewer than 28 students, in grades 9 through 12.
2861	(l)  Calculation of additional full-time equivalent
2862	membership based on international baccalaureate examination
2863	scores of students.--A value of 0.24 full-time equivalent
2864	student membership shall be calculated for each student enrolled
2865	in an international baccalaureate course who receives a score of
2866	4 or higher on a subject examination. A value of 0.3 full-time
2867	equivalent student membership shall be calculated for each
2868	student who receives an international baccalaureate diploma.
2869	Such value shall be added to the total full-time equivalent
2870	student membership in basic programs for grades 9 through 12 in
2871	the subsequent fiscal year. The school district shall distribute
2872	to each classroom teacher who provided international
2873	baccalaureate instruction:
2874	1.  A bonus in the amount of $50 for each student taught by
2875	the International Baccalaureate teacher in each international
2876	baccalaureate course who receives a score of 4 or higher on the
2877	international baccalaureate examination.
2878	2.  An additional bonus of $500 to each International
2879	Baccalaureate teacher in a school designated with a performance
2880	grade of category "D" or "F" who has at least one student
2881	scoring 4 or higher on the international baccalaureate
2882	examination, regardless of the number of classes taught or of
2883	the number of students scoring a 4 or higher on the
2884	international baccalaureate examination.
2885
2886	Bonuses awarded to a teacher according to this paragraph shall
2887	not exceed $2,000 in any given school year and shall be in
2888	addition to any regular wage or other bonus the teacher received
2889	or is scheduled to receive.
2890	(m)  Calculation of additional full-time equivalent
2891	membership based on Advanced International Certificate of
2892	Education examination scores of students.--A value of 0.24 full-
2893	full-time equivalent student membership shall be calculated for
2894	each student enrolled in a full-credit Advanced International
2895	Certificate of Education course who receives a score of E or
2896	higher on a subject examination. A value of 0.12 full-time
2897	equivalent student membership shall be calculated for each
2898	student enrolled in a half-credit Advanced International
2899	Certificate of Education course who receives a score of E or
2900	higher on a subject examination. A value of 0.3 full-time
2901	equivalent student membership shall be calculated for each
2902	student who receives an Advanced International Certificate of
2903	Education diploma. Such value shall be added to the total full-
2904	time equivalent student membership in basic programs for grades
2905	9 through 12 in the subsequent fiscal year. The school district
2906	shall distribute to each classroom teacher who provided Advanced
2907	International Certificate of Education instruction:
2908	1.  A bonus in the amount of $50 for each student taught by
2909	the Advanced International Certificate of Education teacher in
2910	each full-credit Advanced International Certificate of Education
2911	course who receives a score of E or higher on the Advanced
2912	International Certificate of Education examination. A bonus in
2913	the amount of $25 for each student taught by the Advanced
2914	International Certificate of Education teacher in each half-
2915	credit Advanced International Certificate of Education course
2916	who receives a score of E or higher on the Advanced
2917	International Certificate of Education examination.
2918	2.  An additional bonus of $500 to each Advanced
2919	International Certificate of Education teacher in a school
2920	designated with a performance grade of category "D" or "F" who
2921	has at least one student scoring E or higher on the full-credit
2922	Advanced International Certificate of Education examination,
2923	regardless of the number of classes taught or of the number of
2924	students scoring an E or higher on the full-credit Advanced
2925	International Certificate of Education examination.
2926	3.  Additional bonuses of $250 each to teachers of half-
2927	credit Advanced International Certificate of Education classes
2928	in a school designated with a performance grade of category "D"
2929	or "F" which has at least one student scoring an E or higher on
2930	the half-credit Advanced International Certificate of Education
2931	examination in that class. The maximum additional bonus for a
2932	teacher awarded in accordance with this subparagraph shall not
2933	exceed $500 in any given school year. Teachers receiving an
2934	award under subparagraph 2. are not eligible for a bonus under
2935	this subparagraph.
2936
2937	Bonuses awarded to a teacher according to this paragraph shall
2938	not exceed $2,000 in any given school year and shall be in
2939	addition to any regular wage or other bonus the teacher received
2940	or is scheduled to receive.
2941	(n)  Calculation of additional full-time equivalent
2942	membership based on college board advanced placement scores of
2943	students.--A value of 0.24 full-time equivalent student
2944	membership shall be calculated for each student in each advanced
2945	placement course who receives a score of 3 or higher on the
2946	College Board Advanced Placement Examination for the prior year
2947	and added to the total full-time equivalent student membership
2948	in basic programs for grades 9 through 12 in the subsequent
2949	fiscal year. Each district must allocate at least 80 percent of
2950	the funds provided to the district for advanced placement
2951	instruction, in accordance with this paragraph, to the high
2952	school that generates the funds. The school district shall
2953	distribute to each classroom teacher who provided advanced
2954	placement instruction:
2955	1.  A bonus in the amount of $50 for each student taught by
2956	the Advanced Placement teacher in each advanced placement course
2957	who receives a score of 3 or higher on the College Board
2958	Advanced Placement Examination.
2959	2.  An additional bonus of $500 to each Advanced Placement
2960	teacher in a school designated with a performance grade of
2961	category "D" or "F" who has at least one student scoring 3 or
2962	higher on the College Board Advanced Placement Examination,
2963	regardless of the number of classes taught or of the number of
2964	students scoring a 3 or higher on the College Board Advanced
2965	Placement Examination.
2966
2967	Bonuses awarded to a teacher according to this paragraph shall
2968	not exceed $2,000 in any given school year and shall be in
2969	addition to any regular wage or other bonus the teacher received
2970	or is scheduled to receive.
2971	(4)  COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.--The
2972	Legislature shall prescribe the aggregate required local effort
2973	for all school districts collectively as an item in the General
2974	Appropriations Act for each fiscal year. The amount that each
2975	district shall provide annually toward the cost of the Florida
2976	Education Finance Program for kindergarten through grade 12
2977	programs shall be calculated as follows:
2978	(a)  Estimated taxable value calculations.--
2979	1.a.  Not later than 2 working days prior to July 19, the
2980	Department of Revenue shall certify to the Commissioner of
2981	Education its most recent estimate of the taxable value for
2982	school purposes in each school district and the total for all
2983	school districts in the state for the current calendar year
2984	based on the latest available data obtained from the local
2985	property appraisers. Not later than July 19, the Commissioner of
2986	Education shall compute a millage rate, rounded to the next
2987	highest one one-thousandth of a mill, which, when applied to 95
2988	percent of the estimated state total taxable value for school
2989	purposes, would generate the prescribed aggregate required local
2990	effort for that year for all districts. The Commissioner of
2991	Education shall certify to each district school board the
2992	millage rate, computed as prescribed in this subparagraph, as
2993	the minimum millage rate necessary to provide the district
2994	required local effort for that year.
2995	b.  The General Appropriations Act shall direct the
2996	computation of the statewide adjusted aggregate amount for
2997	required local effort for all school districts collectively from
2998	ad valorem taxes to ensure that no school district's revenue
2999	from required local effort millage will produce more than 90
3000	percent of the district's total Florida Education Finance
3001	Program calculation, and the adjustment of the required local
3002	effort millage rate of each district that produces more than 90
3003	percent of its total Florida Education Finance Program
3004	entitlement to a level that will produce only 90 percent of its
3005	total Florida Education Finance Program entitlement in the July
3006	calculation.
3007	2.  As revised data are received from property appraisers,
3008	the Department of Revenue shall amend the certification of the
3009	estimate of the taxable value for school purposes. The
3010	Commissioner of Education, in administering the provisions of
3011	subparagraph (10)(9)(a)2., shall use the most recent taxable
3012	value for the appropriate year.
3013	(b)  Final calculation.--
3014	1.  The Department of Revenue shall, upon receipt of the
3015	official final assessed value of property from each of the
3016	property appraisers, certify to the Commissioner of Education
3017	the taxable value total for school purposes in each school
3018	district, subject to the provisions of paragraph (d). The
3019	commissioner shall use the official final taxable value for
3020	school purposes for each school district in the final
3021	calculation of the annual Florida Education Finance Program
3022	allocations.
3023	2.  For the purposes of this paragraph, the official final
3024	taxable value for school purposes shall be the taxable value for
3025	school purposes on which the tax bills are computed and mailed
3026	to the taxpayers, adjusted to reflect final administrative
3027	actions of value adjustment boards and judicial decisions
3028	pursuant to part I of chapter 194. By September 1 of each year,
3029	the Department of Revenue shall certify to the commissioner the
3030	official prior year final taxable value for school purposes. For
3031	each county that has not submitted a revised tax roll reflecting
3032	final value adjustment board actions and final judicial
3033	decisions, the Department of Revenue shall certify the most
3034	recent revision of the official taxable value for school
3035	purposes. The certified value shall be the final taxable value
3036	for school purposes, and no further adjustments shall be made,
3037	except those made pursuant to subparagraph (10)(9)(a)2.
3038	(8)  RESEARCH-BASED READING INSTRUCTION ALLOCATION.--
3039	(a)  The research-based reading instruction allocation is
3040	created to provide comprehensive reading instruction to students
3041	in kindergarten through grade 12.
3042	(b)  Funds for comprehensive, research-based reading
3043	instruction shall be allocated annually to each school district
3044	in the amount provided in the General Appropriations Act. Each
3045	eligible school district shall receive the same minimum amount
3046	as specified in the General Appropriations Act, and any
3047	remaining funds shall be distributed to eligible school
3048	districts based on each school district's proportionate share of
3049	K-12 base funding.
3050	(c)  Funds must be used to provide a system of
3051	comprehensive reading instruction to students enrolled in the K-
3052	12 programs, which may include the following:
3053	1.  The provision of highly qualified reading coaches.
3054	2.  Professional development for school district teachers
3055	and administrators in scientifically based reading instruction.
3056	3.  The provision of summer reading camps for students who
3057	score at Level 1 on FCAT Reading.
3058	4.  The provision of supplemental instructional materials
3059	that are grounded in scientifically based reading research and
3060	comprehensive training in their use for which teachers shall
3061	receive inservice credit.
3062	5.  The provision of intensive interventions for middle and
3063	high school students reading below grade level.
3064	(d)  Annually, by a date determined by the Department of
3065	Education but before May 1, school districts shall submit a K-12
3066	comprehensive reading plan for the specific use of the research-
3067	based reading instruction allocation in the format prescribed by
3068	the department for review and approval by the Just Read,
3069	Florida! Office created pursuant to s. 1001.215. The plan
3070	annually submitted by school districts shall be deemed approved
3071	unless the department rejects the plan on or before June 1. If a
3072	school district and the Just Read, Florida! Office cannot reach
3073	agreement on the contents of the plan, the school district may
3074	appeal to the State Board of Education for resolution. High-
3075	performing school districts shall be allowed reasonable
3076	flexibility in designing their plans and shall be encouraged to
3077	offer reading intervention through innovative methods. The plan
3078	format shall be developed with input from school district
3079	personnel, including teachers and principals. The plan must
3080	emphasize reading for information at the secondary level and
3081	allow reading intervention through content courses in core,
3082	career, and alternative programs. No later than July 1 annually,
3083	the department shall release the school district's allocation of
3084	appropriated funds to those districts with approved plans. A
3085	school district that spends 100 percent of this allocation on
3086	its approved plan shall be deemed to have been in compliance
3087	with the plan. The department may withhold funds upon a
3088	determination that reading instruction allocation funds are not
3089	being used to implement the approved plan.
3090	(9)(8)  QUALITY ASSURANCE GUARANTEE.--The Legislature may
3091	annually in the General Appropriations Act determine a
3092	percentage increase in funds per K-12 unweighted FTE as a
3093	minimum guarantee to each school district. The guarantee shall
3094	be calculated from prior year base funding per unweighted FTE
3095	student which shall include the adjusted FTE dollars as provided
3096	in subsection (10)(9), quality guarantee funds, and actual
3097	nonvoted discretionary local effort from taxes. From the base
3098	funding per unweighted FTE, the increase shall be calculated for
3099	the current year. The current year funds from which the
3100	guarantee shall be determined shall include the adjusted FTE
3101	dollars as provided in subsection (10)(9) and potential nonvoted
3102	discretionary local effort from taxes. A comparison of current
3103	year funds per unweighted FTE to prior year funds per unweighted
3104	FTE shall be computed. For those school districts which have
3105	less than the legislatively assigned percentage increase, funds
3106	shall be provided to guarantee the assigned percentage increase
3107	in funds per unweighted FTE student. Should appropriated funds
3108	be less than the sum of this calculated amount for all
3109	districts, the commissioner shall prorate each district's
3110	allocation. This provision shall be implemented to the extent
3111	specifically funded.
3112	(10)(9)  TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT
3113	FOR CURRENT OPERATION.--The total annual state allocation to
3114	each district for current operation for the FEFP shall be
3115	distributed periodically in the manner prescribed in the General
3116	Appropriations Act.
3117	(a)  The basic amount for current operation for the FEFP as
3118	determined in subsection (1), multiplied by the district cost
3119	differential factor as determined in subsection (2), plus the
3120	amounts provided for categorical components within the FEFP,
3121	plus the amount for the sparsity supplement as determined in
3122	subsection (6), the decline in full-time equivalent students as
3123	determined in subsection (7), the research-based reading
3124	instruction allocation as determined in subsection (8), and the
3125	quality assurance guarantee as determined in subsection (9)(8),
3126	less the required local effort as determined in subsection (4).
3127	If the funds appropriated for the purpose of funding the total
3128	amount for current operation as provided in this paragraph are
3129	not sufficient to pay the state requirement in full, the
3130	department shall prorate the available state funds to each
3131	district in the following manner:
3132	1.  Determine the percentage of proration by dividing the
3133	sum of the total amount for current operation, as provided in
3134	this paragraph for all districts collectively, and the total
3135	district required local effort into the sum of the state funds
3136	available for current operation and the total district required
3137	local effort.
3138	2.  Multiply the percentage so determined by the sum of the
3139	total amount for current operation as provided in this paragraph
3140	and the required local effort for each individual district.
3141	3.  From the product of such multiplication, subtract the
3142	required local effort of each district; and the remainder shall
3143	be the amount of state funds allocated to the district for
3144	current operation.
3145	(b)  The amount thus obtained shall be the net annual
3146	allocation to each school district. However, if it is determined
3147	that any school district received an underallocation or
3148	overallocation for any prior year because of an arithmetical
3149	error, assessment roll change, full-time equivalent student
3150	membership error, or any allocation error revealed in an audit
3151	report, the allocation to that district shall be appropriately
3152	adjusted. Beginning with audits for the 2001-2002 fiscal year,
3153	if the adjustment is the result of an audit finding in which
3154	group 2 FTE are reclassified to the basic program and the
3155	district weighted FTE are over the weighted enrollment ceiling
3156	for group 2 programs, the adjustment shall not result in a gain
3157	of state funds to the district. If the Department of Education
3158	audit adjustment recommendation is based upon controverted
3159	findings of fact, the Commissioner of Education is authorized to
3160	establish the amount of the adjustment based on the best
3161	interests of the state.
3162	(c)  The amount thus obtained shall represent the net
3163	annual state allocation to each district; however,
3164	notwithstanding any of the provisions herein, each district
3165	shall be guaranteed a minimum level of funding in the amount and
3166	manner prescribed in the General Appropriations Act.
3167	Section 48.  Paragraph (a) of subsection (2) of section
3168	1011.64, Florida Statutes, is amended to read:
3169	1011.64  School district minimum classroom expenditure
3170	requirements.--
3171	(2)  For the purpose of implementing the provisions of this
3172	section, the Legislature shall prescribe minimum academic
3173	performance standards and minimum classroom expenditure
3174	requirements for districts not meeting such minimum academic
3175	performance standards in the General Appropriations Act.
3176	(a)  Minimum academic performance standards may be based
3177	on, but are not limited to, district performance grades
3178	determined pursuant to s. 1008.34(7)(8).
3179	Section 49.  Section 1011.67, Florida Statutes, is amended
3180	to read:
3181	1011.67  Funds for instructional materials.--
3182	(1)  The department is authorized to allocate and
3183	distribute to each district an amount as prescribed annually by
3184	the Legislature for instructional materials for student
3185	membership in basic and special programs in grades K-12, which
3186	will provide for growth and maintenance needs. For purposes of
3187	this subsection section, unweighted full-time equivalent
3188	students enrolled in the lab schools in state universities are
3189	to be included as school district students and reported as such
3190	to the department. These funds shall be distributed to school
3191	districts as follows: 50 percent on or about July 10; 35 percent
3192	on or about October 10; 10 percent on or about January 10; and 5
3193	percent on or about June 10. The annual allocation shall be
3194	determined as follows:
3195	(a)(1)  The growth allocation for each school district
3196	shall be calculated as follows:
3197	1.(a)  Subtract from that district's projected full-time
3198	equivalent membership of students in basic and special programs
3199	in grades K-12 used in determining the initial allocation of the
3200	Florida Education Finance Program, the prior year's full-time
3201	equivalent membership of students in basic and special programs
3202	in grades K-12 for that district.
3203	2.(b)  Multiply any such increase in full-time equivalent
3204	student membership by the allocation for a set of instructional
3205	materials, as determined by the department, or as provided for
3206	in the General Appropriations Act.
3207	3.(c)  The amount thus determined shall be that district's
3208	initial allocation for growth for the school year. However, the
3209	department shall recompute and adjust the initial allocation
3210	based on actual full-time equivalent student membership data for
3211	that year.
3212	(b)(2)  The maintenance of the instructional materials
3213	allocation for each school district shall be calculated by
3214	multiplying each district's prior year full-time equivalent
3215	membership of students in basic and special programs in grades
3216	K-12 by the allocation for maintenance of a set of instructional
3217	materials as provided for in the General Appropriations Act. The
3218	amount thus determined shall be that district's initial
3219	allocation for maintenance for the school year; however, the
3220	department shall recompute and adjust the initial allocation
3221	based on such actual full-time equivalent student membership
3222	data for that year.
3223	(c)(3)  In the event the funds appropriated are not
3224	sufficient for the purpose of implementing this subsection
3225	section in full, the department shall prorate the funds
3226	available for instructional materials after first funding in
3227	full each district's growth allocation.
3228	(2)  Annually by July 1 and prior to the release of
3229	instructional materials funds, each district school
3230	superintendent shall certify to the Commissioner of Education
3231	that the district school board has approved a comprehensive
3232	staff development plan that requires fidelity of implementation
3233	of instructional materials that are in the first 2 years of the
3234	adoption cycle and that the district intends to purchase. The
3235	staff development plan must provide for training for each
3236	teacher who will use the materials, provide inservice credit for
3237	the training, and document satisfactory completion of the
3238	training by each teacher. The superintendent shall annually
3239	report to the district school board on the implementation of the
3240	plan. The report shall include verification that training was
3241	provided, that teachers satisfactorily completed the training,
3242	and that the materials are being implemented as designed.
3243	Section 50.  Paragraph (b) of subsection (2) of section
3244	1011.685, Florida Statutes, is amended to read:
3245	1011.685  Class size reduction; operating categorical
3246	fund.--
3247	(2)  Class size reduction operating categorical funds shall
3248	be used by school districts for the following:
3249	(b)  For any lawful operating expenditure, if the district
3250	has met the constitutional maximums identified in s. 1003.03(1)
3251	or the reduction of two students per year required by s.
3252	1003.03(2); however, priority shall be given to increase
3253	salaries of classroom teachers as defined in s. 1012.01(2)(a)
3254	and to implement the performance-pay incentive and the
3255	differentiated pay detailed in s. 1012.22(1)(c) salary career
3256	ladder defined in s. 1012.231.
3257	Section 51.  Subsection (1) of section 1011.71, Florida
3258	Statutes, is amended to read:
3259	1011.71  District school tax.--
3260	(1)  If the district school tax is not provided in the
3261	General Appropriations Act or the substantive bill implementing
3262	the General Appropriations Act, each district school board
3263	desiring to participate in the state allocation of funds for
3264	current operation as prescribed by s. 1011.62(10)(9) shall levy
3265	on the taxable value for school purposes of the district,
3266	exclusive of millage voted under the provisions of s. 9(b) or s.
3267	12, Art. VII of the State Constitution, a millage rate not to
3268	exceed the amount certified by the commissioner as the minimum
3269	millage rate necessary to provide the district required local
3270	effort for the current year, pursuant to s. 1011.62(4)(a)1. In
3271	addition to the required local effort millage levy, each
3272	district school board may levy a nonvoted current operating
3273	discretionary millage. The Legislature shall prescribe annually
3274	in the appropriations act the maximum amount of millage a
3275	district may levy. The millage rate prescribed shall exceed zero
3276	mills but shall not exceed the lesser of 1.6 mills or 25 percent
3277	of the millage which is required pursuant to s. 1011.62(4),
3278	exclusive of millage levied pursuant to subsection (2).
3279	Section 52.  Subsection (6) is added to section 1012.21,
3280	Florida Statutes, to read:
3281	1012.21  Department of Education duties; K-12 personnel.--
3282	(6)  REPORTING.--The Department of Education shall annually
3283	post online links to each school district's collectively
3284	bargained contracts and the salary and benefits of the personnel
3285	or officers of any educator association that were paid by the
3286	school district pursuant to s. 1012.22.
3287	Section 53.  Paragraphs (b) and (c) of subsection (1) of
3288	section 1012.22, Florida Statutes, are amended to read:
3289	1012.22  Public school personnel; powers and duties of the
3290	district school board.--The district school board shall:
3291	(1)  Designate positions to be filled, prescribe
3292	qualifications for those positions, and provide for the
3293	appointment, compensation, promotion, suspension, and dismissal
3294	of employees as follows, subject to the requirements of this
3295	chapter:
3296	(b)  Time to act on nominations.--The district school board
3297	shall act not later than 3 weeks following the receipt of FCAT
3298	scores and data, including school grades, or June 30 after the
3299	end of the regular legislative session or May 31, whichever is
3300	later, on the district school superintendent's nominations of
3301	supervisors, principals, and members of the instructional staff.
3302	(c)  Compensation and salary schedules.--
3303	1.  The district school board shall adopt a salary schedule
3304	or salary schedules designed to furnish incentives for
3305	improvement in training and for continued efficient service to
3306	be used as a basis for paying all school employees and fix and
3307	authorize the compensation of school employees on the basis
3308	thereof.
3309	2.  A district school board, in determining the salary
3310	schedule for instructional personnel, must base a portion of
3311	each employee's compensation on performance demonstrated under
3312	s. 1012.34, must consider the prior teaching experience of a
3313	person who has been designated state teacher of the year by any
3314	state in the United States, and must consider prior professional
3315	experience in the field of education gained in positions in
3316	addition to district level instructional and administrative
3317	positions.
3318	3.  In developing the salary schedule, the district school
3319	board shall seek input from parents, teachers, and
3320	representatives of the business community.
3321	4.  Beginning with the 2002-2003 fiscal year, each district
3322	school board must adopt a performance-pay policy for school
3323	administrators and instructional personnel. The district's
3324	performance-pay policy is subject to negotiation as provided in
3325	chapter 447; however, the adopted salary schedule must allow
3326	school administrators and instructional personnel who
3327	demonstrate outstanding performance, as measured under s.
3328	1012.34, to earn a 5-percent supplement in addition to their
3329	individual, negotiated salary. The supplements shall be funded
3330	from the performance-pay reserve funds adopted in the salary
3331	schedule. Beginning with the 2004-2005 academic year, the
3332	district's 5-percent performance-pay policy must provide for the
3333	evaluation of classroom teachers within each level of the salary
3334	career ladder provided in s. 1012.231. The Commissioner of
3335	Education shall determine whether the district school board's
3336	adopted policy and salary schedule complies with the requirement
3337	for performance-based pay. If the district school board fails to
3338	comply with this section, the commissioner may shall withhold
3339	disbursements from the Educational Enhancement Trust Fund to the
3340	district and take any other measure provided by law necessary to
3341	ensure compliance until compliance is verified.
3342	5.  Beginning with the 2007-2008 academic year, each
3343	district school board shall adopt a salary schedule with
3344	differentiated pay for both instructional personnel and school-
3345	based administrators. The salary schedule is subject to
3346	negotiation as provided in chapter 447 and must allow
3347	differentiated pay based on district-determined factors,
3348	including, but not limited to, additional responsibilities,
3349	school demographics, critical shortage areas, and level of job
3350	performance difficulties.
3351	Section 54.  Section 1012.2315, Florida Statutes, is
3352	created to read:
3353	1012.2315  Assignment of teachers.--
3354	(1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature
3355	finds disparity between teachers assigned to teach in a majority
3356	of "A" graded schools compared to teachers assigned to teach in
3357	a majority of "F" graded schools. The disparity can be found in
3358	the average years of experience, the median salary, and the
3359	performance of the teachers on teacher certification
3360	examinations. It is the intent of the Legislature that district
3361	school boards have flexibility through the collective bargaining
3362	process to assign teachers more equitably across the schools in
3363	the district.
3364	(2)  ASSIGNMENT TO SCHOOLS GRADED "D" OR "F."--School
3365	districts may not assign a higher percentage than the school
3366	district average of first-time teachers, temporarily certified
3367	teachers, teachers in need of improvement, or out-of-field
3368	teachers to schools with above the school district average of
3369	minority and economically disadvantaged students or schools that
3370	are graded "D" or "F." Each school district shall annually
3371	certify to the Commissioner of Education that this requirement
3372	has been met. If the commissioner determines that a school
3373	district is not in compliance with this subsection, the State
3374	Board of Education shall be notified and shall take action
3375	pursuant to s. 1008.32 in the next regularly scheduled meeting
3376	to require compliance.
3377	Section 55.  Subsection (2) of section 1012.27, Florida
3378	Statutes, is amended to read:
3379	1012.27  Public school personnel; powers and duties of
3380	district school superintendent.--The district school
3381	superintendent is responsible for directing the work of the
3382	personnel, subject to the requirements of this chapter, and in
3383	addition the district school superintendent shall perform the
3384	following:
3385	(2)  COMPENSATION AND SALARY SCHEDULES.--Prepare and
3386	recommend to the district school board for adoption a salary
3387	schedule or salary schedules. The district school superintendent
3388	must recommend a salary schedule for instructional personnel
3389	which bases a portion of each employee's compensation on
3390	performance demonstrated under s. 1012.34. In developing the
3391	recommended salary schedule, the district school superintendent
3392	shall include input from parents, teachers, and representatives
3393	of the business community. Beginning with the 2006-2007 2004-
3394	2005 academic year, the recommended salary schedule for
3395	classroom teachers shall be consistent with the district's
3396	performance-pay policy under s. 1012.22(1)(c) and, beginning
3397	with the 2007-2008 academic year, the district's differentiated
3398	pay under s. 1012.22(1)(c) career ladder based upon s. 1012.231.
3399	Section 56.  Subsection (6) of section 1012.28, Florida
3400	Statutes, is amended to read:
3401	1012.28  Public school personnel; duties of school
3402	principals.--
3403	(6)  A school principal who fails to comply with this
3404	section shall be ineligible for any portion of the performance-
3405	pay performance pay policy incentive or the differentiated pay
3406	under s. 1012.22(1)(c).
3407	Section 57.  Paragraph (a) of subsection (3) of section
3408	1012.34, Florida Statutes, is amended to read:
3409	1012.34  Assessment procedures and criteria.--
3410	(3)  The assessment procedure for instructional personnel
3411	and school administrators must be primarily based on the
3412	performance of students assigned to their classrooms or schools,
3413	as appropriate. Pursuant to this section, a school district's
3414	performance assessment is not limited to basing unsatisfactory
3415	performance of instructional personnel and school administrators
3416	upon student performance, but may include other criteria
3417	approved to assess instructional personnel and school
3418	administrators' performance, or any combination of student
3419	performance and other approved criteria. The procedures must
3420	comply with, but are not limited to, the following requirements:
3421	(a)  An assessment must be conducted for each employee at
3422	least once a year. The assessment must be based upon sound
3423	educational principles and contemporary research in effective
3424	educational practices. The assessment must primarily use data
3425	and indicators of improvement in student performance assessed
3426	annually as specified in s. 1008.22 and may consider results of
3427	peer reviews in evaluating the employee's performance. Student
3428	performance must be measured by state assessments required under
3429	s. 1008.22 and by local assessments for subjects and grade
3430	levels not measured by the state assessment program. The
3431	assessment criteria must include, but are not limited to,
3432	indicators that relate to the following:
3433	1.  Performance of students.
3434	2.  Ability to maintain appropriate discipline.
3435	3.  Knowledge of subject matter. The district school board
3436	shall make special provisions for evaluating teachers who are
3437	assigned to teach out-of-field.
3438	4.  Ability to plan and deliver instruction, including
3439	implementation of the rigorous reading requirement pursuant to
3440	s. 1003.415, when applicable, and the use of technology in the
3441	classroom.
3442	5.  Ability to evaluate instructional needs.
3443	6.  Ability to establish and maintain a positive
3444	collaborative relationship with students' families to increase
3445	student achievement.
3446	7.  Other professional competencies, responsibilities, and
3447	requirements as established by rules of the State Board of
3448	Education and policies of the district school board.
3449	Section 58.  Subsection (4) of section 1012.56, Florida
3450	Statutes, is amended to read:
3451	1012.56  Educator certification requirements.--
3452	(4)  MASTERY OF SUBJECT AREA KNOWLEDGE.--Acceptable means
3453	of demonstrating mastery of subject area knowledge are:
3454	(a)  Achievement of passing scores on subject area
3455	examinations required by state board rule;
3456	(b)  Completion of the subject area specialization
3457	requirements specified in state board rule and verification of
3458	the attainment of the essential subject matter competencies by
3459	the district school superintendent of the employing school
3460	district or chief administrative officer of the employing state-
3461	supported or private school for a subject area for which a
3462	subject area examination has not been developed and required by
3463	state board rule;
3464	(c)  Completion of the subject area specialization
3465	requirements specified in state board rule for a subject
3466	coverage requiring a master's or higher degree and achievement
3467	of a passing score on the subject area examination specified in
3468	state board rule;
3469	(d)  A valid professional standard teaching certificate
3470	issued by another state; or
3471	(e)  A valid certificate issued by the National Board for
3472	Professional Teaching Standards or a national educator
3473	credentialing board approved by the State Board of Education.
3474
3475	School districts are encouraged to provide mechanisms for those
3476	middle school teachers holding only a K-6 teaching certificate
3477	to obtain a subject area coverage for middle grades through
3478	postsecondary coursework or district subject content
3479	professional development activities to assist in the preparation
3480	for earning a passing score on the subject area examination
3481	required for add-on certification.
3482	Section 59.  Section 1012.986, Florida Statutes, is created
3483	to read:
3484	1012.986  William Cecil Golden Professional Development
3485	Program for School Leaders.--
3486	(1)  ESTABLISHMENT.--There is established the William Cecil
3487	Golden Professional Development Program for School Leaders, a
3488	high-quality, competency-based, customized, comprehensive, and
3489	coordinated statewide professional development program that is
3490	aligned with the leadership standards for school leaders adopted
3491	by the State Board of Education. The program shall be
3492	administered by the Department of Education and shall provide
3493	leadership training opportunities for school leaders to enable
3494	them to be more effective instructional leaders, especially in
3495	the area of reading. The program shall provide school leaders
3496	with the opportunity to attain a school leadership designation
3497	pursuant to subsection (3).
3498	(2)  DEFINITION.--As used in this section, the term "school
3499	leader" means a school principal or assistant principal holding
3500	a valid Florida certificate in educational leadership.
3501	(3)  DESIGNATIONS.--The Department of Education shall
3502	develop criteria for designating high-performing school leaders.
3503	The criteria must emphasize student learning gains, especially
3504	in high schools.
3505	(4)  PROGRAM REQUIREMENTS.--
3506	(a)  The program shall be based upon the leadership
3507	standards adopted by the State Board of Education, the standards
3508	of the National Staff Development Council, and the federal
3509	requirements for high-quality professional development under the
3510	No Child Left Behind Act of 2001.
3511	(b)  The program shall provide a competency-based approach
3512	that utilizes prediagnostic and postdiagnostic evaluations that
3513	shall be used to create an individualized professional
3514	development plan approved by the district school superintendent.
3515	The plan shall be structured to support the school leader's
3516	attainment of the leadership standards adopted by the State
3517	Board of Education.
3518	(c)  The program shall incorporate instructional leadership
3519	training and effective business practices for efficient school
3520	operations in school leadership training.
3521	(5)  DELIVERY SYSTEMS.--The Department of Education shall
3522	deliver the program through multiple delivery systems,
3523	including:
3524	(a)  Approved school district training programs.
3525	(b)  Interactive technology-based instruction.
3526	(c)  Regional consortium service organizations pursuant to
3527	s. 1001.451.
3528	(6)  RULES.--The State Board of Education shall adopt rules
3529	pursuant to ss. 120.536(1) and 120.54 to implement the
3530	provisions of this section.
3531	Section 60.  Section 1012.987, Florida Statutes, is
3532	repealed.
3533	Section 61.  This act shall take effect upon becoming a
3534	law.

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