HB 7087

1	A bill to be entitled
2	An act relating to education; amending s. 20.15, F.S.;
3	establishing the Division of Accountability, Research, and
4	Measurement in the Department of Education; amending s.
5	411.227, F.S.; conforming provisions relating to student
6	progress monitoring plans; repealing s. 446.609, F.S.,
7	relating to the "Jobs for Florida's Graduates Act";
8	amending s. 1000.03, F.S.; specifying that the mission of
9	the state's K-20 education system is to provide rigorous
10	and relevant learning opportunities for students;
11	repealing s. 1000.041, F.S., to conform provisions
12	relating to the 2005 repeal of the BEST Florida Teaching
13	salary career ladder program; amending s. 1001.03, F.S.;
14	requiring periodic review of Sunshine State Standards
15	subject areas and an annual status report; requiring rules
16	for certain teachers to earn a reading credential
17	equivalent; requiring the maintenance of a uniform school
18	district personnel classification system; amending s.
19	1001.10, F.S.; specifying that the Commissioner of
20	Education is the sole custodian of the K-20 data
21	warehouse; requiring the Commissioner of Education to
22	submit the proposed plan for the reauthorization of the No
23	Child Left Behind Act to the Legislature before it is
24	submitted to federal agencies; requiring legislative
25	leaders to appoint members of a select legislative
26	committee to review the proposed plan; creating s.
27	1001.215, F.S.; creating the Just Read, Florida! Office in
28	the Department of Education; providing duties; amending s.
29	1001.33, F.S.; conforming provisions relating to the 2005
30	repeal of the BEST Florida Teaching salary career ladder
31	program; amending s. 1001.41, F.S.; requiring district
32	school boards to adopt standards and policies to provide
33	to each student a complete education program; amending s.
34	1001.42, F.S., relating to requirements of district plans
35	for school improvement; providing requirements for
36	district school boards in developing the plans; providing
37	that the opening date for the school year may not be
38	earlier than a specified date; requiring each district
39	school board to appoint a classroom teacher to serve as
40	the teacher representative to speak on behalf of the
41	district's teachers regarding paperwork and data
42	collection reduction; requiring the teacher designee to
43	report his or her findings and potential solutions to the
44	school board; requiring each school board to submit its
45	findings and potential solutions to the State Board of
46	Education by a specified date; requiring the State Board
47	of Education to prepare a report of the statewide
48	paperwork and data collection findings and potential
49	solutions and submit the report to the Governor and the
50	Legislature; repealing s. 1001.51(24), F.S., and amending
51	s. 1001.54, F.S.; conforming provisions relating to the
52	2005 repeal of the BEST Florida Teaching salary career
53	ladder program; requiring each secondary school principal
54	to implement a school redesign component; amending s.
55	1002.20, F.S.; conforming provisions relating to student
56	progress monitoring plans; amending s. 1003.01, F.S.;
57	revising the definition of the terms "special education
58	services" and "career education"; amending s. 1003.03,
59	F.S.; requiring that each teacher assigned to any
60	classroom be included in the calculation for compliance
61	with constitutional class-size limits; providing criteria
62	for teaching strategies that involve assigning more than
63	one teacher to a classroom; providing for retroactive
64	application; prohibiting the imposition of penalties for
65	the use of any legal strategy relating to the
66	implementation of class-size reduction; amending s.
67	1003.05, F.S.; deleting the requirement that certain
68	children receive preference for admission to special
69	academic programs; revising programs defined as "special
70	academic programs" for purposes of such preference;
71	amending s. 1003.21, F.S.; requiring student exit
72	interviews prior to terminating school enrollment;
73	creating s. 1003.413, F.S., relating to secondary school
74	redesign; providing intent and guiding principles;
75	requiring district school boards to establish policies to
76	implement requirements for middle grades promotion,
77	revised requirements for high school graduation, and
78	requirements for career and professional academies;
79	directing the Commissioner of Education to create and
80	implement the Secondary School Improvement Award Program;
81	repealing s. 1003.415, F.S., the Middle Grades Reform Act;
82	creating s. 1003.4156, F.S.; providing general course
83	requirements for middle grades promotion; requiring
84	intensive reading and remediation mathematics courses in
85	certain circumstances; authorizing rulemaking and
86	enforcement; amending s. 1003.42, F.S., relating to
87	required instruction; revising the requirements for
88	studying U.S. history and free enterprise; creating s.
89	1003.428, F.S.; providing revised requirements for high
90	school graduation; specifying the required courses;
91	requiring that certain courses be based on the student's
92	performance on the FCAT; requiring that district school
93	boards establish policies for implementing secondary
94	school reform; requiring the Department of Education to
95	increase the number of courses that are available to
96	school districts; requiring strategies for exceptional
97	students to meet graduation requirements; requiring
98	standards for graduation; requiring rules for test
99	accommodations and modifications in certain cases;
100	providing requirements for standard diplomas and
101	certificates of completion with exceptions; authorizing
102	rulemaking and enforcement; amending s. 1003.429, F.S.;
103	revising requirements applicable to selecting an option
104	for accelerated high school graduation; revising required
105	courses for the 3-year standard college preparatory
106	program; revising requirements for grades that must be
107	earned to participate in the accelerated program;
108	providing for default to the standard graduation
109	requirements in certain circumstances; amending s.
110	1003.437, F.S.; including middle grades in the uniform
111	grading system; amending s. 1003.491, F.S.; including
112	within career education personal and career plans;
113	creating s. 1003.493, F.S.; defining the term "career and
114	professional academy"; providing academy goals and duties;
115	providing types of career and professional academies;
116	providing for the approval of career education courses as
117	core curricula courses under certain circumstances;
118	amending s. 1003.51, F.S.; modifying guidelines for
119	funding requirements that must be included in a rule
120	adopted by the State Board of Education and relating to
121	education programs for youth in Department of Juvenile
122	Justice programs; conforming provisions relating to
123	student progress monitoring plans; amending s. 1003.52,
124	F.S.; conforming provisions relating to student
125	recognition awards; requiring the development and
126	distribution of an annual school report card; authorizing
127	adoption of rules; amending s. 1003.57, F.S.; providing
128	guidelines for determining the residency of a student who
129	receives instruction as an exceptional student with a
130	disability; requiring the student's placing authority or
131	parent to pay the cost of such instruction, facilities,
132	and services; providing responsibilities of the Department
133	of Education; providing responsibilities of residential
134	facilities that educate exceptional students with
135	disabilities; providing applicability; creating s.
136	1003.576, F.S.; requiring the Department of Education to
137	develop an individual education plan form for use in
138	developing and implementing individual education plans for
139	exceptional students; requiring school districts to use
140	the form; amending s. 1003.58, F.S.; correcting a cross-
141	reference; amending s. 1003.62, F.S.; conforming
142	provisions relating to the designation of school grades
143	and differentiated-pay polices; creating s. 1004.64, F.S.;
144	establishing the Florida Center for Reading Research;
145	specifying the duties of the center; creating s. 1004.99,
146	F.S., the Florida Ready to Work Certification Program to
147	enhance student workplace skills; providing for program
148	implementation and requirements; authorizing rulemaking;
149	amending s. 1006.09, F.S.; conforming a cross-reference;
150	amending s. 1007.21, F.S.; revising the readiness
151	requirements for postsecondary education and the
152	workplace; amending s. 1007.2615, F.S.; revising the date
153	by which a teacher of American Sign Language must be
154	certified; deleting a provision allowing alternative
155	certification; amending s. 1007.271, F.S.; revising the
156	weighting systems for certain high school courses;
157	amending s. 1008.22, F.S.; specifying FCAT grade level and
158	subject area testing requirements; requiring documentation
159	of procedures that ensure test difficulty under certain
160	circumstances; providing that FCAT nonallowable
161	accommodations may be used as instructional accommodations
162	during classroom instruction if included in the individual
163	education plan of a student with a disability; authorizing
164	waiver of the FCAT under certain circumstances; requiring
165	certain opportunities for demonstrating student
166	performance; requiring the development of assessments for
167	measuring the academic competency of students with
168	disabilities; requiring the Commissioner of Education to
169	adopt scores concordant to FCAT scores required for high
170	school graduation; authorizing use of concordant scores
171	for additional purposes; clarifying eligibility to use
172	such scores to satisfy requirements for a diploma;
173	requiring an annual report on student performance;
174	repealing s. 1008.221, F.S., relating to alternative
175	assessments for dependent children of military personnel,
176	to conform; amending s. 1008.25, F.S.; replacing student
177	academic improvement plans with progress monitoring plans;
178	authorizing district school boards to require low-
179	performing students to attend remediation programs outside
180	of regular school hours or during the summer; requiring
181	the department to establish a uniform format for reporting
182	information relating to student progression; requiring an
183	annual report; repealing s. 1008.301, F.S., relating to a
184	concordance study of FCAT equivalencies for high school
185	graduation; amending s. 1008.31, F.S.; revising intent,
186	goals, and measures of the K-20 performance accountability
187	system and requiring data quality improvements; requiring
188	adoption of rules; amending s. 1008.33, F.S.; conforming a
189	cross-reference and provisions relating to the designation
190	of school grades; prohibiting, in a contract that provides
191	for a private entity to administer an alternative school,
192	a provision that changes certain characteristics of the
193	student population as it existed when the school was a
194	public school; amending s. 1008.34, F.S.; revising
195	terminology and provisions relating to designation and
196	determination of school grades; providing for the
197	designation of school grades for feeder pattern schools
198	under certain circumstances; requiring that a school
199	performance grade category designation include achievement
200	scores and, by a specified deadline, include learning
201	gains for students seeking a special diploma; specifying
202	use of assessment data with respect to alternative
203	schools; defining the term "home school"; requiring an
204	annual school report card to be published by the
205	department and distributed by school districts; creating
206	s. 1008.341, F.S.; requiring improvement ratings for
207	certain alternative schools; providing the basis for such
208	ratings and requiring annual performance reports;
209	providing for determination of school improvement ratings,
210	identification of learning gains, and eligibility for
211	school recognition awards; requiring the development and
212	distribution of an annual school report card; amending s.
213	1008.345, F.S.; conforming cross-references and provisions
214	relating to the designation of school grades; requiring
215	the commissioner to assign a community assessment team to
216	failing schools; amending s. 1009.24, F.S.; providing that
217	undergraduate tuition be set annually in the General
218	Appropriations Act; providing authority, procedures, and
219	guidelines for determining tuition for graduate and
220	professional programs and for determining out-of-state
221	fees for all programs; amending s. 1011.62, F.S.;
222	providing FTE funding for juveniles enrolled in specified
223	education programs; providing funding for supplemental
224	educational programs; providing funding for supplemental
225	educational services for certain students; conforming
226	cross-references and provisions relating to the
227	designation of school grades; establishing a research-
228	based reading instruction allocation to provide funds for
229	a comprehensive reading instruction system; requiring
230	school district plans for use of the allocation and
231	approval thereof; including the allocation in the total
232	amount allocated to each school district for current
233	operation; amending s. 1011.64, F.S.; conforming
234	terminology and a cross-reference; amending s. 1011.67,
235	F.S.; requiring district school board approval of a staff
236	development plan relating to use of instructional
237	materials; amending s. 1011.685, F.S.; conforming
238	provisions relating to the 2005 repeal of the BEST Florida
239	Teaching salary career ladder program and implementation
240	of a differentiated-pay policy; amending s. 1011.71, F.S.;
241	correcting a cross-reference; amending s. 1012.21, F.S.;
242	requiring the department to annually post online school
243	district collective bargaining contracts and the salary
244	and benefits of certain personnel; amending s. 1012.22,
245	F.S.; revising the time period in which to nominate
246	principals; requiring that each school district adopt a
247	differentiated-pay policy meeting specified criteria;
248	requiring each district school board to annually provide
249	to the department its negotiated collective bargaining
250	contract and the salary and benefits of certain personnel;
251	creating s. 1012.2315, F.S.; providing school district
252	requirements for the assignment of teachers and
253	authorizing incentives; providing procedures for
254	noncompliance; providing requirements relating to
255	collective bargaining; requiring reporting by certain
256	schools; amending s. 1012.27, F.S.; conforming provisions
257	relating to the 2005 repeal of the BEST Florida Teaching
258	salary career ladder program and implementation of a
259	differentiated-pay policy; amending s. 1012.28, F.S.;
260	conforming a cross-reference; amending s. 1012.34, F.S.;
261	conforming provisions relating to deletion of a rigorous
262	reading requirement; amending s. 1012.56, F.S., relating
263	to middle grades certification; encouraging school
264	districts to provide for additional certification for
265	teachers; amending s. 1012.98, F.S., relating to the
266	School Community Professional Development Act; revising
267	the purpose of the professional development system;
268	providing for additional activities; requiring
269	instructional strategies and methods that support
270	rigorous, relevant, and challenging curriculum; providing
271	requirements for followup support and the master plan for
272	inservice activities; providing requirements for the
273	individual professional development plan for instructional
274	employees; requiring the department to disseminate best-
275	practice methods and model professional development
276	programs; creating s. 1012.986, F.S.; providing for a
277	statewide system for the professional development of
278	school leaders consisting of a collaborative network of
279	professional organizations; providing goals of the
280	network; repealing s. 1012.987, F.S., which requires the
281	State Board of Education to adopt rules through which
282	school principals may earn a leadership designation;
283	providing an effective date.
284
285	Be It Enacted by the Legislature of the State of Florida:
286
287	Section 1.  Paragraph (f) is added to subsection (3) of
288	section 20.15, Florida Statutes, to read:
289	20.15  Department of Education.--There is created a
290	Department of Education.
291	(3)  DIVISIONS.--The following divisions of the Department
292	of Education are established:
293	(f)  Division of Accountability, Research, and Measurement.
294	Section 2.  Paragraph (b) of subsection (3) of section
295	411.227, Florida Statutes, is amended to read:
296	411.227  Components of the Learning Gateway.--The Learning
297	Gateway system consists of the following components:
298	(3)  EARLY EDUCATION, SERVICES AND SUPPORTS.--
299	(b)  Demonstration projects shall develop strategies to
300	increase the use of appropriate intervention practices with
301	children who have learning problems and learning disabilities
302	within public and private early care and education programs and
303	K-3 public and private school settings. Strategies may include
304	training and technical assistance teams. Intervention must be
305	coordinated and must focus on providing effective supports to
306	children and their families within their regular education and
307	community environment. These strategies must incorporate, as
308	appropriate, school and district activities related to the
309	student's progress monitoring academic improvement plan and must
310	provide parents with greater access to community-based services
311	that should be available beyond the traditional school day.
312	Academic expectations for public school students in grades K-3
313	must be based upon the local school board's adopted proficiency
314	levels. When appropriate, school personnel shall consult with
315	the local Learning Gateway to identify other community resources
316	for supporting the child and the family.
317	Section 3.  Section 446.609, Florida Statutes, is repealed.
318	Section 4.  Subsection (4) of section 1000.03, Florida
319	Statutes, is amended to read:
320	1000.03  Function, mission, and goals of the Florida K-20
321	education system.--
322	(4)  The mission of Florida's K-20 education system is to
323	allow its students to increase their proficiency by allowing
324	them the opportunity to expand their knowledge and skills
325	through rigorous and relevant adequate learning opportunities,
326	in accordance with the mission statement and accountability
327	requirements of s. 1008.31.
328	Section 5.  Section 1000.041, Florida Statutes, is
329	repealed.
330	Section 6.  Subsections (1), (3), and (14) of section
331	1001.03, Florida Statutes, are amended to read:
332	1001.03  Specific powers of State Board of Education.--
333	(1)  PUBLIC K-12 STUDENT PERFORMANCE STANDARDS.--The State
334	Board of Education shall approve the student performance
335	standards known as the Sunshine State Standards in key academic
336	subject areas and grade levels. The state board shall establish
337	a schedule to facilitate the periodic review of the standards to
338	ensure adequate rigor, relevance, logical student progression,
339	and integration of reading, writing, and mathematics across all
340	subject areas. The standards review by subject area must include
341	participation of curriculum leaders in other content areas,
342	including the arts, to ensure valid content area integration and
343	to address the instructional requirements of different learning
344	styles. The process for review and proposed revisions must
345	include leadership and input from the state's classroom
346	teachers, school administrators, and community colleges and
347	universities, and from representatives from business and
348	industry who are identified by local education foundations. A
349	report including proposed revisions must be submitted to the
350	Governor, the President of the Senate, and the Speaker of the
351	House of Representatives annually to coincide with the
352	established review schedule. The review schedule and an annual
353	status report must be submitted to the Governor, the President
354	of the Senate, and the Speaker of the House of Representatives
355	annually not later than January 1.
356	(3)  PROFESSIONAL CERTIFICATES.--The State Board of
357	Education shall classify school services, designate the
358	certification subject areas, establish competencies, including
359	the use of technology to enhance student learning, and
360	certification requirements for all school-based personnel, and
361	prescribe rules in accordance with which the professional,
362	temporary, and part-time certificates shall be issued by the
363	Department of Education to applicants who meet the standards
364	prescribed by such rules for their class of service, as
365	described in chapter 1012. The state board shall adopt rules
366	that give part-time and full-time nondegreed teachers of career
367	programs, pursuant to s. 1012.39(1)(c), the opportunity to earn
368	a reading credential equivalent to a content-area-specific
369	reading endorsement.
370	(14)  UNIFORM CLASSIFICATION SYSTEM FOR SCHOOL DISTRICT
371	ADMINISTRATIVE AND MANAGEMENT PERSONNEL.--The State Board of
372	Education shall maintain recommend to the Legislature by
373	February 1, 2003, a uniform classification system for school
374	district administrative and management personnel that will
375	facilitate the uniform coding of administrative and management
376	personnel to total district employees.
377	Section 7.  Section 1001.10, Florida Statutes, is amended
378	to read:
379	1001.10  Commissioner of Education; general powers and
380	duties.--The Commissioner of Education is the chief educational
381	officer of the state and the sole custodian of the K-20 data
382	warehouse, and is responsible for giving full assistance to the
383	State Board of Education in enforcing compliance with the
384	mission and goals of the seamless K-20 education system. To
385	facilitate innovative practices and to allow local selection of
386	educational methods, the State Board of Education may authorize
387	the commissioner to waive, upon the request of a district school
388	board, State Board of Education rules that relate to district
389	school instruction and school operations, except those rules
390	pertaining to civil rights, and student health, safety, and
391	welfare. The Commissioner of Education is not authorized to
392	grant waivers for any provisions in rule pertaining to the
393	allocation and appropriation of state and local funds for public
394	education; the election, compensation, and organization of
395	school board members and superintendents; graduation and state
396	accountability standards; financial reporting requirements;
397	reporting of out-of-field teaching assignments under s. 1012.42;
398	public meetings; public records; or due process hearings
399	governed by chapter 120. No later than January 1 of each year,
400	the commissioner shall report to the Legislature and the State
401	Board of Education all approved waiver requests in the preceding
402	year. Additionally, the commissioner has the following general
403	powers and duties:
404	(1)  To appoint staff necessary to carry out his or her
405	powers and duties.
406	(2)  To advise and counsel with the State Board of
407	Education on all matters pertaining to education; to recommend
408	to the State Board of Education actions and policies as, in the
409	commissioner's opinion, should be acted upon or adopted; and to
410	execute or provide for the execution of all acts and policies as
411	are approved.
412	(3)  To keep such records as are necessary to set forth
413	clearly all acts and proceedings of the State Board of
414	Education.
415	(4)  To have a seal for his or her office with which, in
416	connection with his or her own signature, the commissioner shall
417	authenticate true copies of decisions, acts, or documents.
418	(5)  To recommend to the State Board of Education policies
419	and steps designed to protect and preserve the principal of the
420	State School Fund; to provide an assured and stable income from
421	the fund; to execute such policies and actions as are approved;
422	and to administer the State School Fund.
423	(6)  To take action on the release of mineral rights based
424	upon the recommendations of the Board of Trustees of the
425	Internal Improvement Trust Fund.
426	(7)  To submit to the State Board of Education, on or
427	before August 1 of each year, recommendations for a coordinated
428	K-20 education budget that estimates the expenditures for the
429	State Board of Education, including the Department of Education,
430	the Commissioner of Education, and all of the boards,
431	institutions, agencies, and services under the general
432	supervision of the State Board of Education for the ensuing
433	fiscal year. Any program recommended to the State Board of
434	Education that will require increases in state funding for more
435	than 1 year must be presented in a multiyear budget plan.
436	(8)  To develop and implement a plan for cooperating with
437	the Federal Government in carrying out any or all phases of the
438	educational program and to recommend policies for administering
439	funds that are appropriated by Congress and apportioned to the
440	state for any or all educational purposes. The Commissioner of
441	Education shall submit to the Legislature the proposed state
442	plan for the reauthorization of the No Child Left Behind Act
443	before the proposed plan is submitted to federal agencies. The
444	President of the Senate and the Speaker of the House of
445	Representatives shall appoint members of the appropriate
446	education and appropriations committees to serve as a select
447	committee to review the proposed plan.
448	(9)  To develop and implement policies for cooperating with
449	other public agencies in carrying out those phases of the
450	program in which such cooperation is required by law or is
451	deemed by the commissioner to be desirable and to cooperate with
452	public and nonpublic agencies in planning and bringing about
453	improvements in the educational program.
454	(10)  To prepare forms and procedures as are necessary to
455	be used by district school boards and all other educational
456	agencies to assure uniformity, accuracy, and efficiency in the
457	keeping of records, the execution of contracts, the preparation
458	of budgets, or the submission of reports; and to furnish at
459	state expense, when deemed advisable by the commissioner, those
460	forms that can more economically and efficiently be provided.
461	(11)  To implement a program of school improvement and
462	education accountability designed to provide all students the
463	opportunity to make adequate learning gains in each year of
464	school as provided by statute and State Board of Education rule
465	based upon the achievement of the state education goals,
466	recognizing the following:
467	(a)  The State Board of Education is the body corporate
468	responsible for the supervision of the system of public
469	education.
470	(b)  The district school board is responsible for school
471	and student performance.
472	(c)  The individual school is the unit for education
473	accountability.
474	(d)  The community college board of trustees is responsible
475	for community college performance and student performance.
476	(e)  The university board of trustees is responsible for
477	university performance and student performance.
478	(12)  To establish a Citizen Information Center responsible
479	for the preparation, publication, and distribution of materials
480	relating to the state system of seamless K-20 public education.
481	(13)  To prepare and publish annually reports giving
482	statistics and other useful information pertaining to the
483	Opportunity Scholarship Program.
484	(14)  To have printed or electronic copies of school laws,
485	forms, instruments, instructions, and rules of the State Board
486	of Education and provide for their distribution.
487	(15)  To develop criteria for use by state instructional
488	materials committees in evaluating materials submitted for
489	adoption consideration. The criteria shall, as appropriate, be
490	based on instructional expectations reflected in curriculum
491	frameworks and student performance standards. The criteria for
492	each subject or course shall be made available to publishers of
493	instructional materials pursuant to the requirements of chapter
494	1006.
495	(16)  To prescribe procedures for evaluating instructional
496	materials submitted by publishers and manufacturers in each
497	adoption.
498
499	The commissioner's office shall operate all statewide functions
500	necessary to support the State Board of Education and the K-20
501	education system, including strategic planning and budget
502	development, general administration, and assessment and
503	accountability.
504	Section 8.  Section 1001.215, Florida Statutes, is created
505	to read:
506	1001.215  Just Read, Florida! Office.--There is created in
507	the Department of Education the Just Read, Florida! office. The
508	office shall be fully accountable to the Commissioner of
509	Education and shall:
510	(1)  Train highly effective reading coaches.
511	(2)  Create multiple designations of effective reading
512	instruction, with accompanying credentials, which encourage all
513	teachers to integrate reading instruction into their content
514	areas.
515	(3)  Train K-12 teachers and school principals on effective
516	content-area-specific reading strategies. For secondary
517	teachers, emphasis shall be on technical text. These strategies
518	must be developed for all content areas in the K-12 curriculum.
519	(4)  Provide parents with information and strategies for
520	assisting their children in reading in the content area.
521	(5)  Provide technical assistance to school districts in
522	the development and implementation of district plans for use of
523	the research-based reading instruction allocation provided in s.
524	1011.62(8) and annually review and approve such plans.
525	(6)  Review, evaluate, and provide technical assistance to
526	school districts' implementation of the K-12 comprehensive
527	reading plan required in s. 1011.62(8).
528	(7)  Work with the Florida Center for Reading Research to
529	provide information on research-based reading programs and
530	effective reading in the content area strategies.
531	(8)  Periodically review the Sunshine State Standards for
532	reading at all grade levels.
533	(9)  Periodically review teacher certification
534	examinations, including alternative certification exams, to
535	ascertain whether the examinations measure the skills needed for
536	research-based reading instruction and instructional strategies
537	for teaching reading in the content areas.
538	(10)  Work with teacher preparation programs approved
539	pursuant to s. 1004.04 to integrate research-based reading
540	instructional strategies and reading in the content area
541	instructional strategies into teacher preparation programs.
542	(11)  Administer grants and perform other functions as
543	necessary to meet the goal that all students read at grade
544	level.
545	Section 9.  Section 1001.33, Florida Statutes, is amended
546	to read:
547	1001.33  Schools under control of district school board and
548	district school superintendent.--
549	(1)  Except as otherwise provided by law, all public
550	schools conducted within the district shall be under the
551	direction and control of the district school board with the
552	district school superintendent as executive officer.
553	(2)  Each district school board, each district school
554	superintendent, and each district and school-based administrator
555	shall cooperate to apply the following guiding principles of
556	Better Educated Students and Teachers (BEST) Florida Teaching:
557	(a)  Teachers lead, students learn.
558	(b)  Teachers maintain orderly, disciplined classrooms
559	conducive to student learning.
560	(c)  Teachers are trained, recruited, well compensated, and
561	retained for quality.
562	(d)  Teachers are well rewarded for their students' high
563	performance.
564	(e)  Teachers are most effective when served by exemplary
565	school administrators.
566	Section 10.  Subsection (3) of section 1001.41, Florida
567	Statutes, is amended to read:
568	1001.41  General powers of district school board.--The
569	district school board, after considering recommendations
570	submitted by the district school superintendent, shall exercise
571	the following general powers:
572	(3)  Prescribe and adopt standards and policies to provide
573	each student the opportunity to receive a complete education
574	program, including language arts, mathematics, science, social
575	studies, health, physical education, foreign languages, and the
576	arts, as defined by the Sunshine State Standards. The standards
577	and policies must emphasize integration and reinforcement of
578	reading, writing, and mathematics skills across all subjects,
579	including career awareness, career exploration, and career and
580	technical education as are considered desirable by it for
581	improving the district school system.
582	Section 11.  Paragraph (c) of subsection (5) of section
583	1001.42, Florida Statutes, is repealed, paragraph (f) of
584	subsection (4), subsection (16), paragraph (d) of subsection
585	(17), and subsection (18) of that section are amended, present
586	subsection (22) is redesignated as subsection (23), and a new
587	subsection (22) is added to that section, to read:
588	1001.42  Powers and duties of district school board.--The
589	district school board, acting as a board, shall exercise all
590	powers and perform all duties listed below:
591	(4)  ESTABLISHMENT, ORGANIZATION, AND OPERATION OF
592	SCHOOLS.--Adopt and provide for the execution of plans for the
593	establishment, organization, and operation of the schools of the
594	district, including, but not limited to, the following:
595	(f)  Opening and closing of schools; fixing uniform date.--
596	Adopt policies for the opening and closing of schools and fix
597	uniform dates; however, beginning with the 2007-2008 school
598	year, the opening date for schools in the district may not be
599	earlier than 14 days before Labor Day each year.
600	(5)  PERSONNEL.--
601	(c)  Fully support and cooperate in the application of the
602	guiding principles of Better Educated Students and Teachers
603	(BEST) Florida Teaching, pursuant to s. 1000.041.
604	(16)  IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.--
605	Maintain a system of school improvement and education
606	accountability as provided by statute and State Board of
607	Education rule. This system of school improvement and education
608	accountability shall be consistent with, and implemented
609	through, the district's continuing system of planning and
610	budgeting required by this section and ss. 1008.385, 1010.01,
611	and 1011.01. This system of school improvement and education
612	accountability shall include, but is not limited to, the
613	following:
614	(a)  School improvement plans.--Annually approve and
615	require implementation of a new, amended, or continuation school
616	improvement plan for each school in the district., except that A
617	district school board may establish a district school
618	improvement plan that includes all schools in the district
619	operating for the purpose of providing educational services to
620	youth in Department of Juvenile Justice programs. The school
621	improvement Such plan shall be designed to achieve the state
622	education priorities pursuant to s. 1000.03(5) and student
623	proficiency on the Sunshine State Standards pursuant to s.
624	1003.41 performance standards. In addition, any school required
625	to implement a rigorous reading requirement pursuant to s.
626	1003.415 must include such component in its school improvement
627	plan. Each plan shall address student achievement goals and
628	strategies based on state and school district proficiency
629	standards. The plan may also address issues relative to other
630	academic-related matters budget, training, instructional
631	materials, technology, staffing, student support services,
632	specific school safety and discipline strategies, student health
633	and fitness, including physical fitness, parental information on
634	student health and fitness, and indoor environmental air
635	quality, and other matters of resource allocation, as determined
636	by district school board policy, and shall include be based on
637	an accurate, data-based analysis of student achievement and
638	other school performance data. Beginning with plans approved for
639	implementation in the 2007-2008 school year, each secondary
640	school plan must include a redesign component based on the
641	principles established in s. 1003.413. For each school in the
642	district that earns a school grade of "C" or below, or is
643	required to have a school improvement plan under federal law,
644	the school improvement plan shall, at a minimum, also include:
645	1.  Professional development that supports enhanced and
646	differentiated instructional strategies to improve teaching and
647	learning.
648	2.  Continuous use of disaggregated student achievement
649	data to determine effectiveness of instructional strategies.
650	3.  Ongoing informal and formal assessments to monitor
651	individual student progress, including progress toward mastery
652	of the Sunshine State Standards, and to redesign instruction if
653	needed.
654	4.  Alternative instructional delivery methods to support
655	remediation, acceleration, and enrichment strategies.
656	(b)  Approval process.--Develop a process for approval of a
657	school improvement plan presented by an individual school and
658	its advisory council. In the event a district school board does
659	not approve a school improvement plan after exhausting this
660	process, the Department of Education shall be notified of the
661	need for assistance.
662	(c)  Assistance and intervention.--
663	1.  Develop a 2-year plan of increasing individualized
664	assistance and intervention for each school in danger of not
665	meeting state standards or making adequate progress, as defined
666	pursuant to statute and State Board of Education rule, toward
667	meeting the goals and standards of its approved school
668	improvement plan.
669	2.  Provide assistance and intervention to a school that is
670	designated with a identified as being in performance grade of
671	category "D" pursuant to s. 1008.34 and is in danger of failing.
672	3.  Develop a plan to encourage teachers with demonstrated
673	mastery in improving student performance to remain at or
674	transfer to a school with a designated as performance grade of
675	category "D" or "F" or to an alternative school that serves
676	disruptive or violent youths. If a classroom teacher, as defined
677	by s. 1012.01(2)(a), who meets the definition of teaching
678	mastery developed according to the provisions of this paragraph,
679	requests assignment to a school designated with a as performance
680	grade of category "D" or "F" or to an alternative school that
681	serves disruptive or violent youths, the district school board
682	shall make every practical effort to grant the request.
683	4.  Prioritize, to the extent possible, the expenditures of
684	funds received from the supplemental academic instruction
685	categorical fund under s. 1011.62(1)(f) to improve student
686	performance in schools that receive a performance grade category
687	designation of "D" or "F."
688	(d)  After 2 years.--Notify the Commissioner of Education
689	and the State Board of Education in the event any school does
690	not make adequate progress toward meeting the goals and
691	standards of a school improvement plan by the end of 2 years of
692	failing to make adequate progress and proceed according to
693	guidelines developed pursuant to statute and State Board of
694	Education rule. School districts shall provide intervention and
695	assistance to schools in danger of being designated with a as
696	performance grade of category "F," failing to make adequate
697	progress.
698	(e)  Public disclosure.--Provide information regarding
699	performance of students and educational programs as required
700	pursuant to ss. 1008.22 and 1008.385 and implement a system of
701	school reports as required by statute and State Board of
702	Education rule that shall include schools operating for the
703	purpose of providing educational services to youth in Department
704	of Juvenile Justice programs, and for those schools, report on
705	the elements specified in s. 1003.52(19). Annual public
706	disclosure reports shall be in an easy-to-read report card
707	format and shall include the school's student and school
708	performance grade, high school graduation rate calculated
709	without GED tests, disaggregated by student ethnicity, category
710	designation and performance data as specified in state board
711	rule.
712	(f)  School improvement funds.--Provide funds to schools
713	for developing and implementing school improvement plans. Such
714	funds shall include those funds appropriated for the purpose of
715	school improvement pursuant to s. 24.121(5)(c).
716	(17)  LOCAL-LEVEL DECISIONMAKING.--
717	(d)  Adopt policies that assist in giving greater autonomy,
718	including authority over the allocation of the school's budget,
719	to schools designated with a as performance grade of category
720	"A," making excellent progress, and schools rated as having
721	improved at least two grades performance grade categories.
722	(18)  OPPORTUNITY SCHOLARSHIPS.--Adopt policies allowing
723	students attending schools that have been designated with a as
724	performance grade of category "F," failing to make adequate
725	progress, for 2 school years in a 4-year period to attend a
726	higher performing school in the district or an adjoining
727	district or be granted a state opportunity scholarship to a
728	private school, in conformance with s. 1002.38 and State Board
729	of Education rule.
730	(22)  REDUCE PAPERWORK AND DATA COLLECTION AND REPORTING
731	REQUIREMENTS.--Beginning with the 2006-2007 school year:
732	(a)  Each district school board shall designate a classroom
733	teacher to serve as the teacher representative to speak on
734	behalf of the district's teachers regarding paperwork and data
735	collection reduction.
736	(b)  Each district school board must provide the school
737	community with an efficient method for the school community to
738	communicate with the classroom teacher designee regarding
739	possible paperwork and data collection burdens and potential
740	solutions.
741	(c)  The teacher designee shall annually report his or her
742	findings and potential solutions to the school board.
743	(d)  Each district school board must submit its findings
744	and potential solutions to the State Board of Education by
745	September 1 of each year.
746	(e)  The State Board of Education shall prepare a  report
747	of the statewide paperwork and data collection findings and
748	potential solutions and submit the report to the Governor, the
749	President of the Senate, and the Speaker of the House of
750	Representatives by October 1 of each year.
751	Section 12.  Subsection (24) of section 1001.51, Florida
752	Statutes, is repealed.
753	Section 13.  Paragraphs (c) and (d) of subsection (1) and
754	subsection (2) of section 1001.54, Florida Statutes, are amended
755	to read:
756	1001.54  Duties of school principals.--
757	(1)
758	(c)  The school principal shall encourage school personnel
759	to implement the guiding principles for Better Educated Students
760	and Teachers (BEST) Florida Teaching, pursuant to s. 1000.041.
761	(c)(d)  The school principal shall fully support the
762	authority of each teacher and school bus driver to remove
763	disobedient, disrespectful, violent, abusive, uncontrollable, or
764	disruptive students from the classroom and the school bus and,
765	when appropriate and available, place such students in an
766	alternative educational setting.
767	(2)  Each school principal shall provide instructional
768	leadership in the development, or revision, and implementation
769	of a school improvement plan, pursuant to s. 1001.42(16).
770	Section 14.  Subsection (11) of section 1002.20, Florida
771	Statutes, is amended to read:
772	1002.20  K-12 student and parent rights.--Parents of public
773	school students must receive accurate and timely information
774	regarding their child's academic progress and must be informed
775	of ways they can help their child to succeed in school. K-12
776	students and their parents are afforded numerous statutory
777	rights including, but not limited to, the following:
778	(11)  STUDENTS WITH READING DEFICIENCIES.--Each elementary
779	school shall regularly assess the reading ability of each K-3
780	student. The parent of any K-3 student who exhibits a reading
781	deficiency shall be immediately notified of the student's
782	deficiency with a description and explanation, in terms
783	understandable to the parent, of the exact nature of the
784	student's difficulty in learning and lack of achievement in
785	reading; shall be consulted in the development of a progress
786	monitoring detailed academic improvement plan, as described in
787	s. 1008.25(4)(b); and shall be informed that the student will be
788	given intensive reading instruction until the deficiency is
789	corrected. This subsection operates in addition to the
790	remediation and notification provisions contained in s. 1008.25
791	and in no way reduces the rights of a parent or the
792	responsibilities of a school district under that section.
793	Section 15.  Paragraph (b) of subsection (3) and subsection
794	(4) of section 1003.01, Florida Statutes, are amended to read:
795	1003.01  Definitions.--As used in this chapter, the term:
796	(3)
797	(b)  "Special education services" means specially designed
798	instruction and such related services as are necessary for an
799	exceptional student to benefit from education. Such services may
800	include: transportation; diagnostic and evaluation services;
801	social services; physical and occupational therapy; speech and
802	language pathology services; job placement; orientation and
803	mobility training; braillists, typists, and readers for the
804	blind; interpreters and auditory amplification; rehabilitation
805	counseling; transition services; mental health services;
806	guidance and career counseling; specified materials, assistive
807	technology devices, and other specialized equipment; and other
808	such services as approved by rules of the state board.
809	(4)  "Career education" means education that provides
810	instruction for the following purposes:
811	(a)  At the elementary, middle, and high secondary school
812	levels, exploratory courses designed to give students initial
813	exposure to a broad range of occupations to assist them in
814	preparing their academic and occupational plans, and practical
815	arts courses that provide generic skills that may apply to many
816	occupations but are not designed to prepare students for entry
817	into a specific occupation. Career education provided before
818	high school completion must be designed to strengthen enhance
819	both occupational awareness and academic skills integrated
820	throughout all through integration with academic instruction.
821	(b)  At the secondary school level, job-preparatory
822	instruction in the competencies that prepare students for
823	effective entry into an occupation, including diversified
824	cooperative education, work experience, and job-entry programs
825	that coordinate directed study and on-the-job training.
826	(c)  At the postsecondary education level, courses of study
827	that provide competencies needed for entry into specific
828	occupations or for advancement within an occupation.
829	Section 16.  Paragraph (b) of subsection (2) of section
830	1003.03, Florida Statutes, is amended, and subsection (5) is
831	added to that section, to read:
832	1003.03  Maximum class size.--
833	(2)  IMPLEMENTATION.--
834	(b)  Determination of the number of students per classroom
835	in paragraph (a) shall be calculated as follows:
836	1.  For fiscal years 2003-2004 through 2005-2006, the
837	calculation for compliance for each of the 3 grade groupings
838	shall be the average at the district level.
839	2.  For fiscal years 2006-2007 through 2007-2008, the
840	calculation for compliance for each of the 3 grade groupings
841	shall be the average at the school level.
842	3.  For fiscal years 2008-2009, 2009-2010, and thereafter,
843	the calculation for compliance shall be at the individual
844	classroom level.
845	4.  For fiscal years 2006-2007 through 2009-2010 and
846	thereafter, each teacher assigned to any classroom shall be
847	included in the calculation for compliance.
848	(5)  TEAM-TEACHING STRATEGIES.--
849	(a)  School districts may use teaching strategies that
850	include the assignment of more than one teacher to a classroom
851	of students and that were implemented before July 1, 2005.
852	Effective July 1, 2005, school districts may implement
853	additional teaching strategies that include the assignment of
854	more than one teacher to a classroom of students for the
855	following purposes only:
856	1.  Pairing teachers for the purpose of staff development.
857	2.  Pairing new teachers with veteran teachers.
858	3.  Reducing turnover among new teachers.
859	4.  Pairing teachers who are teaching out-of-field with
860	teachers who are in-field.
861	5.  Providing for more flexibility and innovation in the
862	classroom.
863	6.  Improving learning opportunities for students,
864	including students who have disabilities.
865	(b)  Teaching strategies implemented on or after July 1,
866	2005, pursuant to paragraph (a) may be implemented subject to
867	the following restrictions:
868	1.  Reasonable limits shall be placed on the number of
869	students in a classroom so that classrooms are not overcrowded.
870	Teacher-to-student ratios within a curriculum area or grade
871	level must not exceed constitutional limits.
872	2.  At least one member of the team must have at least 3
873	years of teaching experience.
874	3.  At least one member of the team must be teaching in-
875	field.
876	4.  The teachers must be trained in team-teaching methods
877	within 1 year after assignment.
878
879	The use of strategies implemented as outlined in this
880	subsection meets the letter and intent of the Florida
881	Constitution and the Florida Statutes which relate to
882	implementing class-size reduction and this subsection applies
883	retroactively. A school district may not be penalized
884	financially or otherwise as a result of the use of any legal
885	strategy, including, but not limited to, those set forth in
886	subsection (3) and this subsection.
887	Section 17.  Subsection (3) of section 1003.05, Florida
888	Statutes, is amended to read:
889	1003.05  Assistance to transitioning students from military
890	families.--
891	(3)  Dependent children of active duty military personnel
892	who otherwise meet the eligibility criteria for special academic
893	programs offered through public schools shall be given first
894	preference for admission to such programs even if the program is
895	being offered through a public school other than the school to
896	which the student would generally be assigned and the school at
897	which the program is being offered has reached its maximum
898	enrollment. If such a program is offered through a public school
899	other than the school to which the student would generally be
900	assigned, the parent or guardian of the student must assume
901	responsibility for transporting the student to that school. For
902	purposes of this subsection, special academic programs include
903	charter schools, magnet schools, advanced studies programs,
904	advanced placement, dual enrollment, Advanced International
905	Certificate of Education, and International Baccalaureate.
906	Section 18.  Paragraph (c) of subsection (1) of section
907	1003.21, Florida Statutes, is amended to read:
908	1003.21  School attendance.--
909	(1)
910	(c)  A student who attains the age of 16 years during the
911	school year is not subject to compulsory school attendance
912	beyond the date upon which he or she attains that age if the
913	student files a formal declaration of intent to terminate school
914	enrollment with the district school board. The declaration must
915	acknowledge that terminating school enrollment is likely to
916	reduce the student's earning potential and must be signed by the
917	student and the student's parent. The school district must
918	notify the student's parent of receipt of the student's
919	declaration of intent to terminate school enrollment. The
920	student's guidance counselor or other school personnel must
921	conduct an exit interview with the student to determine the
922	reasons for the student's decision to terminate school
923	enrollment and actions that could be taken to keep the student
924	in school. The student must be informed of opportunities to
925	continue his or her education in a different environment,
926	including, but not limited to, adult education and GED test
927	preparation. Additionally, the student must complete a survey in
928	a format prescribed by the Department of Education to provide
929	data on student reasons for terminating enrollment and actions
930	taken by schools to keep students enrolled.
931	Section 19.  Section 1003.413, Florida Statutes, is created
932	to read:
933	1003.413  Florida Secondary School Redesign Act.--
934	(1)  Secondary schools are schools that primarily serve
935	students in grades 6 through 12. It is the intent of the
936	Legislature to provide for secondary school redesign so that
937	students promoted from the 8th grade have the necessary academic
938	skills for success in high school and students graduating from
939	high school have the necessary skills for success in the
940	workplace and postsecondary education.
941	(2)  The following guiding principles for secondary school
942	redesign shall be used in the annual preparation of each
943	secondary school's improvement plan required by s. 1001.42(16):
944	(a)  Struggling students, especially those in failing
945	schools, need the highest quality teachers and dramatically
946	different, innovative approaches to teaching and learning.
947	(b)  Every teacher must contribute to every student's
948	reading improvement.
949	(c)  Quality professional development provides teachers and
950	principals with the tools they need to better serve students.
951	(d)  Small learning communities allow teachers to
952	personalize instruction to better address student learning
953	styles, strengths, and weaknesses.
954	(e)  Intensive intervention in reading and mathematics must
955	occur early and through innovative delivery systems.
956	(f)  Parents need access to tools they can use to monitor
957	their child's progress in school, communicate with teachers, and
958	act early on behalf of their child.
959	(g)  Applied and integrated courses help students see the
960	relationships between subjects and relevance to their futures.
961	(h)  School is more relevant when students choose courses
962	based on their goals, interests, and talents.
963	(i)  Master schedules should not determine instruction and
964	must be designed based on student needs, not adult or
965	institutional needs.
966	(j)  Academic and career planning engages students in
967	developing a personally meaningful course of study so they can
968	achieve goals they have set for themselves.
969	(3)  Based on these guiding principles, district school
970	boards shall establish policies to implement the requirements of
971	ss. 1003.4156, 1003.428, and 1003.493. The policies must
972	address:
973	(a)  Procedures for placing and promoting students who
974	enter a Florida public school at grade 6 through grade 12 from
975	out of state or from a foreign country, including a review of
976	the student's prior academic performance.
977	(b)  Alternative methods for students to demonstrate
978	competency in required courses and credits, with special support
979	for students who have been retained.
980	(c)  Applied, integrated, and combined courses that provide
981	flexibility for students to enroll in courses that are creative
982	and meet individual learning styles and student needs.
983	(d)  Credit recovery courses and intensive reading and
984	mathematics intervention courses based on student performance on
985	the FCAT. These courses should be competency based and offered
986	through innovative delivery systems, including computer-assisted
987	instruction. School districts should use learning gains as well
988	as other appropriate data and provide incentives to identify and
989	reward high-performing teachers who teach credit recovery and
990	intensive intervention courses.
991	(e)  Grade forgiveness policies that replace a grade of "D"
992	or "F" with a grade of "C" or higher earned subsequently in the
993	same or a comparable course.
994	(f)  Summer academies for students to receive intensive
995	reading and mathematics intervention courses or competency-based
996	credit recovery courses. A student's participation in an
997	instructional or remediation program prior to or immediately
998	following entering grade 9 for the first time shall not affect
999	that student's classification as a first-time 9th grader for
1000	reporting purposes.
1001	(g)  Strategies to support teachers' pursuit of the reading
1002	endorsement and emphasize reading instruction professional
1003	development for content area teachers.
1004	(h)  Creative and flexible scheduling designed to meet
1005	student needs.
1006	(i)  Procedures for high school students who have not
1007	prepared an electronic personal education plan pursuant to s.
1008	1003.4156 to prepare such plan.
1009	(j)  Tools for parents to regularly monitor student
1010	progress and communicate with teachers.
1011	(k)  Additional course requirements for promotion and
1012	graduation which may be determined by each school district in
1013	the student progression plan and may include additional
1014	academic, fine and performing arts, physical education, or
1015	career and technical education courses in order to provide a
1016	complete education program pursuant to s. 1001.41(3).
1017	(4)  In order to support the successful implementation of
1018	this section by district school boards, the Department of
1019	Education shall:
1020	(a)  By February 1, 2007, increase the number of approved
1021	applied, integrated, and combined courses available to school
1022	districts.
1023	(b)  By the beginning of the 2006-2007 school year, make
1024	available a professional development package designed to provide
1025	the information that content area teachers need to become
1026	proficient in applying scientifically based reading strategies
1027	through their content areas.
1028	(c)  Share best practices for providing a complete
1029	education program to students enrolled in course recovery,
1030	credit recovery, intensive reading intervention, or intensive
1031	mathematics intervention.
1032	(d)  Expedite assistance and decisions and coordinate
1033	policies throughout all divisions within the department to
1034	provide school districts with support to implement this section.
1035	(e)  Use data to provide the Legislature with an annual
1036	longitudinal analysis of the success of this reform effort,
1037	including the progress of 6th grade students and 9th grade
1038	students scoring at Level 1 on FCAT Reading or FCAT Mathematics.
1039	(5)  The Commissioner of Education shall create and
1040	implement the Secondary School Improvement Award Program to
1041	reward public secondary schools that demonstrate continuous
1042	student academic improvement and show the greatest gains in
1043	student academic achievement in reading and mathematics.
1044	Section 20.  Section 1003.415, Florida Statutes, is
1045	repealed.
1046	Section 21.  Section 1003.4156, Florida Statutes, is
1047	created to read:
1048	1003.4156  General requirements for middle grades
1049	promotion.--
1050	(1)  Beginning with students entering grade 6 in the 2006-
1051	2007 school year, promotion from a school composed of middle
1052	grades 6, 7, and 8 requires that:
1053	(a)  The student must successfully complete academic
1054	courses as follows:
1055	1.  Three middle school or higher courses in English. These
1056	courses shall emphasize literature, composition, and technical
1057	text.
1058	2.  Three middle school or higher courses in mathematics.
1059	Each middle school must offer at least one high-school-level
1060	mathematics course for which students may earn high school
1061	credit.
1062	3.  Three middle school or higher courses in social
1063	studies, one semester of which must include the study of state
1064	and federal government and civics education.
1065	4.  Three middle school or higher courses in science.
1066	5.  One course in career and education planning to be
1067	completed in 7th or 8th grade. The course may be taught by any
1068	member of the instructional staff; must include career
1069	exploration using CHOICES for the 21st Century or a comparable
1070	cost-effective program; must include educational planning using
1071	the online student advising system known as Florida Academic
1072	Counseling and Tracking for Students at the Internet website
1073	FACTS.org; and shall result in the completion of a personalized
1074	academic and career plan. Each student's plan must be signed by
1075	the student, the student's guidance counselor or academic
1076	advisor, and the student's parent. By January 1, 2007, the
1077	Department of Education shall develop course frameworks and
1078	professional development materials for the career and education
1079	planning course to be implemented as a stand-alone course or
1080	integrated into another course or courses.
1081
1082	Each school must hold a parent meeting either in the evening or
1083	on a weekend to inform parents about the course curriculum and
1084	activities. Each student shall complete an electronic personal
1085	education plan that must be signed by the student, the student's
1086	instructor or guidance counselor, and the student's parent. By
1087	January 1, 2007, the Department of Education shall develop
1088	course frameworks and professional development materials for the
1089	career exploration and education planning course. The course may
1090	be implemented as a stand-alone course or integrated into
1091	another course. The Commissioner of Education shall collect
1092	longitudinal high school course enrollment data by student
1093	ethnicity in order to analyze course-taking patterns.
1094	(b)  For each year in which a student scores at Level l on
1095	FCAT Reading, the student must be enrolled in and complete an
1096	intensive reading course the following year. Placement of Level
1097	2 readers in either an intensive reading course or a content
1098	area course in which reading strategies are delivered shall be
1099	determined by diagnosis of reading needs. The department shall
1100	provide guidance on appropriate strategies for diagnosing and
1101	meeting the varying instructional needs of students reading
1102	below grade level. Reading courses shall be designed and offered
1103	pursuant to the comprehensive reading plan required by s.
1104	1011.62(8).
1105	(c)  For each year in which a student scores at Level 1 or
1106	Level 2 on FCAT Mathematics, the student must receive
1107	remediation the following year, which may be integrated into the
1108	student's required mathematics course.
1109	(2)  Students in grade 6, grade 7, or grade 8 who are not
1110	enrolled in schools with a middle grades configuration are
1111	subject to the promotion requirements of this section.
1112	(3)  The State Board of Education may adopt rules pursuant
1113	to ss. 120.536(1) and 120.54 to implement the provisions of this
1114	section and may enforce the provisions of this section pursuant
1115	to s. 1008.32.
1116	Section 22.  Section 1003.42, Florida Statutes, is amended
1117	to read:
1118	1003.42  Required instruction.--
1119	(1)  Each district school board shall provide all courses
1120	required for middle grades promotion, high school graduation,
1121	and appropriate instruction designed to ensure that students
1122	meet State Board of Education adopted standards in the following
1123	subject areas: reading and other language arts, mathematics,
1124	science, social studies, foreign languages, health and physical
1125	education, and the arts.
1126	(2)  Members of the instructional staff of the public
1127	schools, subject to the rules of the State Board of Education
1128	and the district school board, shall teach efficiently and
1129	faithfully, using the books and materials required that meet the
1130	highest standards for professionalism and historic accuracy,
1131	following the prescribed courses of study, and employing
1132	approved methods of instruction, the following:
1133	(a)  The history and content of the Declaration of
1134	Independence, including national sovereignty, natural law, self-
1135	evident truth, equality of all persons, limited government,
1136	popular sovereignty, and inalienable rights of life, liberty,
1137	and property, and how they form it forms the philosophical
1138	foundation of our government.
1139	(b)  The history, meaning, significance, and effect of the
1140	provisions of the Constitution of the United States and
1141	amendments thereto, with emphasis on each of the 10 amendments
1142	that make up the Bill of Rights and how the constitution
1143	provides the structure of our government.
1144	(c)(b)  The arguments in support of adopting our republican
1145	form of government, as they are embodied in the most important
1146	of the Federalist Papers.
1147	(c)  The essentials of the United States Constitution and
1148	how it provides the structure of our government.
1149	(d)  Flag education, including proper flag display and flag
1150	salute.
1151	(e)  The elements of civil government, including the
1152	primary functions of and interrelationships between the Federal
1153	Government, the state, and its counties, municipalities, school
1154	districts, and special districts.
1155	(f)  The history of the United States, including the period
1156	of discovery, early colonies, the War for Independence, the
1157	Civil War, the expansion of the United States to its present
1158	boundaries, the world wars, and the civil rights movement to the
1159	present. American history shall be viewed as factual, not as
1160	constructed, shall be viewed as knowable, teachable, and
1161	testable, and shall be defined as the creation of a new nation
1162	based largely on the universal principles stated in the
1163	Declaration of Independence.
1164	(g)(f)  The history of the Holocaust (1933-1945), the
1165	systematic, planned annihilation of European Jews and other
1166	groups by Nazi Germany, a watershed event in the history of
1167	humanity, to be taught in a manner that leads to an
1168	investigation of human behavior, an understanding of the
1169	ramifications of prejudice, racism, and stereotyping, and an
1170	examination of what it means to be a responsible and respectful
1171	person, for the purposes of encouraging tolerance of diversity
1172	in a pluralistic society and for nurturing and protecting
1173	democratic values and institutions.
1174	(h)(g)  The history of African Americans, including the
1175	history of African peoples before the political conflicts that
1176	led to the development of slavery, the passage to America, the
1177	enslavement experience, abolition, and the contributions of
1178	African Americans to society.
1179	(i)(h)  The elementary principles of agriculture.
1180	(j)(i)  The true effects of all alcoholic and intoxicating
1181	liquors and beverages and narcotics upon the human body and
1182	mind.
1183	(k)(j)  Kindness to animals.
1184	(l)(k)  The history of the state.
1185	(m)(l)  The conservation of natural resources.
1186	(n)(m)  Comprehensive health education that addresses
1187	concepts of community health; consumer health; environmental
1188	health; family life, including an awareness of the benefits of
1189	sexual abstinence as the expected standard and the consequences
1190	of teenage pregnancy; mental and emotional health; injury
1191	prevention and safety; nutrition; personal health; prevention
1192	and control of disease; and substance use and abuse.
1193	(o)(n)  Such additional materials, subjects, courses, or
1194	fields in such grades as are prescribed by law or by rules of
1195	the State Board of Education and the district school board in
1196	fulfilling the requirements of law.
1197	(p)(o)  The study of Hispanic contributions to the United
1198	States.
1199	(q)(p)  The study of women's contributions to the United
1200	States.
1201	(r)  The nature and importance of free enterprise to the
1202	United States economy.
1203	(s)(q)  A character-development program in the elementary
1204	schools, similar to Character First or Character Counts, which
1205	is secular in nature and stresses such character qualities as
1206	attentiveness, patience, and initiative. Beginning in school
1207	year 2004-2005, the character-development program shall be
1208	required in kindergarten through grade 12. Each district school
1209	board shall develop or adopt a curriculum for the character-
1210	development program that shall be submitted to the department
1211	for approval. The character-development curriculum shall stress
1212	the qualities of patriotism;, responsibility;, citizenship;,
1213	kindness;, respect for authority, life, liberty, and personal
1214	property;, honesty; charity;, self-control;, racial, ethnic, and
1215	religious tolerance;, and cooperation.
1216	(t)(r)  In order to encourage patriotism, the sacrifices
1217	that veterans have made in serving our country and protecting
1218	democratic values worldwide. Such instruction must occur on or
1219	before Veterans' Day and Memorial Day. Members of the
1220	instructional staff are encouraged to use the assistance of
1221	local veterans when practicable.
1222
1223	The State Board of Education is encouraged to adopt standards
1224	and pursue assessment of the requirements of this subsection.
1225	(3)  Any student whose parent makes written request to the
1226	school principal shall be exempted from the teaching of
1227	reproductive health or any disease, including HIV/AIDS, its
1228	symptoms, development, and treatment. A student so exempted may
1229	not be penalized by reason of that exemption. Course
1230	descriptions for comprehensive health education shall not
1231	interfere with the local determination of appropriate curriculum
1232	which reflects local values and concerns.
1233	Section 23.  Section 1003.428, Florida Statutes, is created
1234	to read:
1235	1003.428  General requirements for high school graduation;
1236	revised.--
1237	(1)  Except as otherwise authorized pursuant to s.
1238	1003.429, beginning with students entering their first year of
1239	high school in the 2007-2008 school year, graduation requires
1240	the successful completion of a minimum of 24 credits, an
1241	International Baccalaureate curriculum, or an Advanced
1242	International Certificate of Education curriculum. Students must
1243	be advised of eligibility requirements for state scholarship
1244	programs and postsecondary admissions.
1245	(2)  The 24 credits may be earned through applied,
1246	integrated, and combined courses approved by the Department of
1247	Education and shall be distributed as follows:
1248	(a)  Sixteen core curriculum credits:
1249	1.  Four credits in English, with major concentration in
1250	composition, reading for information, and literature.
1251	2.  Four credits in mathematics, one of which must be
1252	Algebra I, a series of courses equivalent to Algebra I, or a
1253	higher-level mathematics course. School districts are encouraged
1254	to set specific goals to increase enrollments in, and successful
1255	completion of, geometry and Algebra II.
1256	3.  Three credits in science, two of which must have a
1257	laboratory component.
1258	4.  Three credits in social studies as follows: one credit
1259	in American history; one credit in world history; one-half
1260	credit in economics; and one-half credit in American government.
1261	5.  One credit in fine arts.
1262	6.  One credit in physical education to include integration
1263	of health.
1264	(b)  Eight credits in majors, minors, or electives:
1265	1.  Four credits in a major area of interest, such as
1266	sequential courses in a career and technical program, fine and
1267	performing arts, or academic content area, selected by the
1268	student as part of the education plan required by s. 1003.4156.
1269	Students may revise major areas of interest each year as part of
1270	annual course registration processes and should update their
1271	education plan to reflect such revisions. Annually by October 1,
1272	the district school board shall approve major areas of interest
1273	and submit the list of majors to the Commissioner of Education
1274	for approval. Each major area of interest shall be deemed
1275	approved unless specifically rejected by the commissioner within
1276	60 days. Upon approval, each district's major areas of interest
1277	shall be available for use by all school districts and shall be
1278	posted on the department's website.
1279	2.  Four credits in elective courses selected by the
1280	student as part of the education plan required by s. 1003.4156.
1281	These credits may be combined to allow for a second major area
1282	of interest pursuant to subparagraph 1., a minor area of
1283	interest, elective courses, intensive reading or mathematics
1284	intervention courses, or credit recovery courses as described in
1285	this subparagraph.
1286	a.  Minor areas of interest are composed of three credits
1287	selected by the student as part of the education plan required
1288	by s. 1003.4156 and approved by the district school board.
1289	b.  Elective courses are selected by the student in order
1290	to pursue a complete education program as described in s.
1291	1001.41(3) and to meet eligibility requirements for
1292	scholarships.
1293	c.  For each year in which a student scores at Level l on
1294	FCAT Reading, the student must be enrolled in and complete an
1295	intensive reading course the following year. Placement of Level
1296	2 readers in either an intensive reading course or a content
1297	area course in which reading strategies are delivered shall be
1298	determined by diagnosis of reading needs. The department shall
1299	provide guidance on appropriate strategies for diagnosing and
1300	meeting the varying instructional needs of students reading
1301	below grade level. Reading courses shall be designed and offered
1302	pursuant to the comprehensive reading plan required by s.
1303	1011.62(8).
1304	d.  For each year in which a student scores at Level 1 or
1305	Level 2 on FCAT Mathematics, the student must receive
1306	remediation the following year. These courses may be taught
1307	through applied, integrated, or combined courses and are subject
1308	to approval by the department for inclusion in the Course Code
1309	Directory.
1310	e.  Credit recovery courses shall be offered so that
1311	students can simultaneously earn an elective credit and the
1312	recovered credit.
1313	(3)(a)  A district school board may require specific
1314	courses and programs of study within the minimum credit
1315	requirements for high school graduation and shall modify basic
1316	courses, as necessary, to assure exceptional students the
1317	opportunity to meet the graduation requirements for a standard
1318	diploma, using one of the following strategies:
1319	1.  Assignment of the exceptional student to an exceptional
1320	education class for instruction in a basic course with the same
1321	student performance standards as those required of
1322	nonexceptional students in the district school board student
1323	progression plan; or
1324	2.  Assignment of the exceptional student to a basic
1325	education class for instruction that is modified to accommodate
1326	the student's exceptionality.
1327	(b)  The district school board shall determine which of
1328	these strategies to employ based upon an assessment of the
1329	student's needs and shall reflect this decision in the student's
1330	individual education plan.
1331	(4)  Each district school board shall establish standards
1332	for graduation from its schools, which must include:
1333	(a)  Successful completion of the academic credit or
1334	curriculum requirements of subsections (1) and (2).
1335	(b)  Earning passing scores on the FCAT, as defined in s.
1336	1008.22(3)(c), or scores on a standardized test that are
1337	concordant with passing scores on the FCAT as defined in s.
1338	1008.22(9).
1339	(c)  Completion of all other applicable requirements
1340	prescribed by the district school board pursuant to s. 1008.25.
1341	(d)  Achievement of a cumulative grade point average of 2.0
1342	on a 4.0 scale, or its equivalent, in the courses required by
1343	this section.
1344	(5)  The State Board of Education, after a public hearing
1345	and consideration, shall adopt rules based upon the
1346	recommendations of the commissioner for the provision of test
1347	accommodations and modifications of procedures as necessary for
1348	students with disabilities which will demonstrate the student's
1349	abilities rather than reflect the student's impaired sensory,
1350	manual, speaking, or psychological process skills.
1351	(6)  The public hearing and consideration required in
1352	subsection (5) shall not be construed to amend or nullify the
1353	requirements of security relating to the contents of
1354	examinations or assessment instruments and related materials or
1355	data as prescribed in s. 1008.23.
1356	(7)(a)  A student who meets all requirements prescribed in
1357	subsections (1), (2), (3), and(4) shall be awarded a standard
1358	diploma in a form prescribed by the State Board of Education.
1359	(b)  A student who completes the minimum number of credits
1360	and other requirements prescribed by subsections (1), (2), and
1361	(3), but who is unable to meet the standards of paragraph
1362	(4)(b), paragraph (4)(c), or paragraph (4)(d), shall be awarded
1363	a certificate of completion in a form prescribed by the State
1364	Board of Education. However, any student who is otherwise
1365	entitled to a certificate of completion may elect to remain in
1366	the secondary school either as a full-time student or a part-
1367	time student for up to 1 additional year and receive special
1368	instruction designed to remedy his or her identified
1369	deficiencies.
1370	(8)(a)  Each district school board must provide instruction
1371	to prepare students with disabilities to demonstrate proficiency
1372	in the skills and competencies necessary for successful grade-
1373	to-grade progression and high school graduation.
1374	(b)  A student with a disability, as defined in s.
1375	1007.02(2), for whom the individual education plan (IEP)
1376	committee determines that the FCAT cannot accurately measure the
1377	student's abilities taking into consideration all allowable
1378	accommodations, shall have the FCAT requirement of paragraph
1379	(4)(b) waived for the purpose of receiving a standard high
1380	school diploma, if the student:
1381	1.  Completes the minimum number of credits and other
1382	requirements prescribed by subsections (1), (2), and (3).
1383	2.  Does not meet the requirements of paragraph (4)(b)
1384	after one opportunity in 10th grade and one opportunity in 11th
1385	grade.
1386	(9)  The Commissioner of Education may award a standard
1387	high school diploma to honorably discharged veterans who started
1388	high school between 1937 and 1946 and were scheduled to graduate
1389	between 1941 and 1950 but were inducted into the United States
1390	Armed Forces between September 16, 1940, and December 31, 1946,
1391	prior to completing the necessary high school graduation
1392	requirements. Upon the recommendation of the commissioner, the
1393	State Board of Education may develop criteria and guidelines for
1394	awarding such diplomas.
1395	(10)  The Commissioner of Education may award a standard
1396	high school diploma to honorably discharged veterans who started
1397	high school between 1946 and 1950 and were scheduled to graduate
1398	between 1950 and 1954, but were inducted into the United States
1399	Armed Forces between June 27, 1950, and January 31, 1955, and
1400	served during the Korean Conflict prior to completing the
1401	necessary high school graduation requirements. Upon the
1402	recommendation of the commissioner, the State Board of Education
1403	may develop criteria and guidelines for awarding such diplomas.
1404	(11)  The State Board of Education may adopt rules pursuant
1405	to ss. 120.536(1) and 120.54 to implement the provisions of this
1406	section and may enforce the provisions of this section pursuant
1407	to s. 1008.32.
1408	Section 24.  Section 1003.429, Florida Statutes, is amended
1409	to read:
1410	1003.429  Accelerated high school graduation options.--
1411	(1)  Students who enter grade 9 in the 2006-2007 2004-2005
1412	school year and thereafter may select, upon receipt of each
1413	consent required by this section, one of the following three
1414	high school graduation options:
1415	(a)  Completion of the general requirements for high school
1416	graduation pursuant to s. 1003.43;
1417	(b)  Completion of a 3-year standard college preparatory
1418	program requiring successful completion of a minimum of 18
1419	academic credits in grades 9 through 12. At least 6 of the 18
1420	credits required for completion of this program must be received
1421	in classes that are offered pursuant to the International
1422	Baccalaureate Program, the Advanced Placement Program honors,
1423	dual enrollment, advanced placement, International
1424	Baccalaureate, Advanced International Certificate of Education,
1425	or specifically listed or identified by the Department of
1426	Education as rigorous pursuant to s. 1009.531(3), or weighted by
1427	the district school board for class ranking purposes. The 18
1428	credits required for completion of this program shall be primary
1429	requirements and shall be distributed as follows:
1430	1.  Four credits in English, with major concentration in
1431	composition and literature;
1432	2.  Three credits in mathematics at the Algebra I level or
1433	higher from the list of courses that qualify for state
1434	university admission;
1435	3.  Three credits in natural science, two of which must
1436	have a laboratory component;
1437	4.  Three credits in social sciences, which must include
1438	one credit in American history, one credit in world history,
1439	one-half credit in American government, and one-half credit in
1440	economics;
1441	5.  Two credits in the same second language unless the
1442	student is a native speaker of or can otherwise demonstrate
1443	competency in a language other than English. If the student
1444	demonstrates competency in another language, the student may
1445	replace the language requirement with two credits in other
1446	academic courses; and
1447	6.  Three credits in electives; or
1448	(c)  Completion of a 3-year career preparatory program
1449	requiring successful completion of a minimum of 18 academic
1450	credits in grades 9 through 12. The 18 credits shall be primary
1451	requirements and shall be distributed as follows:
1452	1.  Four credits in English, with major concentration in
1453	composition and literature;
1454	2.  Three credits in mathematics, one of which must be
1455	Algebra I;
1456	3.  Three credits in natural science, two of which must
1457	have a laboratory component;
1458	4.  Three credits in social sciences, which must include
1459	one credit in American history, one credit in world history,
1460	one-half credit in American government, and one-half credit in
1461	economics;
1462	5.  Three credits in a single vocational or career
1463	education program, three credits in career and technical
1464	certificate dual enrollment courses, or five credits in
1465	vocational or career education courses; and
1466	6.  Two credits in electives unless five credits are earned
1467	pursuant to subparagraph 5.
1468
1469	Any student who selected an accelerated graduation program
1470	before July 1, 2004, may continue that program, and all
1471	statutory program requirements that were applicable when the
1472	student made the program choice shall remain applicable to the
1473	student as long as the student continues that program.
1474	(2)  Prior to selecting a program described in paragraph
1475	(1)(b) or paragraph (1)(c), a student and the student's parent
1476	must meet with designated school personnel to receive an
1477	explanation of the relative requirements, advantages, and
1478	disadvantages of each program option, and the student must also
1479	receive the written consent of the student's parent. the
1480	following requirements must be met:
1481	(a)  Designated school personnel shall meet with the
1482	student and student's parent to give an explanation of the
1483	relative requirements, advantages, and disadvantages of each
1484	graduation option.
1485	(b)  The student shall submit to the high school principal
1486	and guidance counselor a signed parental consent to enter the 3-
1487	year accelerated graduation program.
1488	(c)  The student shall have achieved at least an FCAT
1489	reading achievement level of 3, an FCAT mathematics achievement
1490	level of 3, and an FCAT Writing score of 3 on the most recent
1491	assessments taken by the student.
1492	(3)  Beginning with the 2006-2007 2004-2005 school year,
1493	each district school board shall provide each student in grades
1494	6 through 9 and their parents with information concerning the 3-
1495	year and 4-year high school graduation options listed in
1496	subsection (1), including the respective curriculum requirements
1497	for those options, so that the students and their parents may
1498	select the program postsecondary education or career plan that
1499	best fits their needs. The information must shall include a
1500	timeframe for achieving each graduation option.
1501	(4)  Selection of one of the graduation options listed in
1502	subsection (1) must be completed by the student prior to the end
1503	of grade 9 and is exclusively up to the student and parent,
1504	subject to the requirements in subsection (2). Each district
1505	school board shall establish policies for extending this
1506	deadline to the end of a student's first semester of grade 10
1507	for a student who entered a Florida public school after grade 9
1508	upon transfer from a private school or another state or who was
1509	prevented from choosing a graduation option due to illness
1510	during grade 9. If the student and parent fail to select a
1511	graduation option, the student shall be considered to have
1512	selected the general requirements for high school graduation
1513	pursuant to paragraph (1)(a).
1514	(5)  District school boards may shall not establish
1515	requirements for accelerated 3-year high school graduation
1516	options in excess of the requirements in paragraphs (1)(b) and
1517	(c).
1518	(6)  Students pursuing accelerated 3-year high school
1519	graduation options pursuant to paragraph (1)(b) or paragraph
1520	(1)(c) are required to:
1521	(a)  Earn passing scores on the FCAT as defined in s.
1522	1008.22(3)(c) or scores on a standardized test that are
1523	concordant with passing scores on the FCAT as defined in s.
1524	1008.22(9).
1525	(b)1.  Achieve a cumulative weighted grade point average of
1526	3.5 3.0 on a 4.0 scale, or its equivalent, in the courses
1527	required for the college preparatory accelerated 3-year high
1528	school graduation option pursuant to paragraph (1)(b); or
1529	2.  Achieve a cumulative weighted grade point average of
1530	3.0 on a 4.0 scale, or its equivalent, in the courses required
1531	for the career preparatory accelerated 3-year high school
1532	graduation option pursuant to paragraph (1)(c).
1533	(c)  Receive a weighted or unweighted grade that earns at
1534	least 3.0 points, or its equivalent, to earn course credit
1535	toward the 18 credits required for the college preparatory
1536	accelerated 3-year high school graduation option pursuant to
1537	paragraph (1)(b).
1538	(d)  Receive a weighted or unweighted grade that earns at
1539	least 2.0 points, or its equivalent, to earn course credit
1540	toward the 18 credits required for the career preparatory
1541	accelerated 3-year high school graduation option pursuant to
1542	paragraph (1)(c).
1543
1544	Weighted grades referred to in paragraphs (b), (c), and (d)
1545	shall be applied to those courses specifically listed or
1546	identified by the department as rigorous pursuant to s.
1547	1009.531(3) or weighted by the district school board for class
1548	ranking purposes.
1549	(7)  If, at the end of grade 10, a student is not on track
1550	to meet the credit, assessment, or grade-point-average
1551	requirements of the accelerated graduation option selected, the
1552	school shall notify the student and parent of the following:
1553	(a)  The requirements that the student is not currently
1554	meeting.
1555	(b)  The specific performance necessary in grade 11 for the
1556	student to meet the accelerated graduation requirements.
1557	(c)  The right of the student to change to the 4-year
1558	program set forth in s. 1003.43.
1559	(8)  A student who selected one of the accelerated 3-year
1560	graduation options shall automatically move to the 4-year
1561	program set forth in s. 1003.43 if the student:
1562	(a)  Exercises his or her right to change to the 4-year
1563	program;
1564	(b)  Fails to earn 5 credits by the end of grade 9 or fails
1565	to earn 11 credits by the end of grade 10;
1566	(c)  Does not achieve a score of 3 or higher on the grade
1567	10 FCAT Writing assessment; or
1568	(d)  By the end of grade 11 does not meet the requirements
1569	of subsections (1) and (6).
1570	(9)  A student who meets all requirements prescribed in
1571	subsections (1) and (6) shall be awarded a standard diploma in a
1572	form prescribed by the State Board of Education.
1573	Section 25.  Section 1003.437, Florida Statutes, is amended
1574	to read:
1575	1003.437  Middle and high school grading system.--The
1576	grading system and interpretation of letter grades used for
1577	students in public high schools in grades 6-12 shall be as
1578	follows:
1579	(1)  Grade "A" equals 90 percent through 100 percent, has a
1580	grade point average value of 4, and is defined as "outstanding
1581	progress."
1582	(2)  Grade "B" equals 80 percent through 89 percent, has a
1583	grade point average value of 3, and is defined as "above average
1584	progress."
1585	(3)  Grade "C" equals 70 percent through 79 percent, has a
1586	grade point average value of 2, and is defined as "average
1587	progress."
1588	(4)  Grade "D" equals 60 percent through 69 percent, has a
1589	grade point average value of 1, and is defined as "lowest
1590	acceptable progress."
1591	(5)  Grade "F" equals zero percent through 59 percent, has
1592	a grade point average value of zero, and is defined as
1593	"failure."
1594	(6)  Grade "I" equals zero percent, has a grade point
1595	average value of zero, and is defined as "incomplete."
1596
1597	For the purposes of class ranking, district school boards may
1598	exercise a weighted grading system pursuant to s. 1007.271.
1599	Section 26.  Section 1003.491, Florida Statutes, is amended
1600	to read:
1601	1003.491  Career education.--
1602	(1)  School board, superintendent, and school
1603	accountability for career education within elementary and
1604	secondary schools includes, but is not limited to:
1605	(a)  Student exposure to a variety of careers and provision
1606	of instruction to explore specific careers in greater depth.
1607	(b)  Student awareness of available career programs and the
1608	corresponding occupations into which such programs lead.
1609	(c)  Student development of individual academic and career
1610	plans as specified in s. 1003.4156.
1611	(d)  Integration of academic and career skills in the
1612	secondary curriculum.
1613	(e)  Student preparation to enter the workforce and enroll
1614	in postsecondary education without being required to complete
1615	college preparatory or career preparatory instruction.
1616	(f)  Student retention in school through high school
1617	graduation.
1618	(g)  Career education curriculum articulation with
1619	corresponding postsecondary programs in the career center or
1620	community college, or both.
1621	(2)  A No school board or public school may not shall
1622	require a student to participate in any school-to-work or job
1623	training program. A district school board or school may shall
1624	not require a student to meet occupational standards for grade
1625	level promotion or graduation unless the student is voluntarily
1626	enrolled in a job training program.
1627	(3)  Each district school board and superintendent shall
1628	implement all components required to obtain the career education
1629	certification on the high school diploma if the school district
1630	chooses to offer the certification.
1631	Section 27.  Section 1003.493, Florida Statutes, is created
1632	to read:
1633	1003.493  Career and professional academies.--
1634	(1)  A career and professional academy is a research-based
1635	program that integrates a rigorous academic curriculum with an
1636	industry-driven career curriculum. Career and professional
1637	academies may be offered by public schools, school districts, or
1638	the Florida Virtual School. Students completing career and
1639	professional academy programs receive a standard high school
1640	diploma, the highest available industry certification, and
1641	postsecondary credit if the academy partners with a
1642	postsecondary institution.
1643	(2)  The goals of career and professional academies are to:
1644	(a)  Increase student academic achievement and graduation
1645	rates through integrated academic and career curricula.
1646	(b)  Focus on career preparation through rigorous academics
1647	and industry certification.
1648	(c)  Raise student aspiration and commitment to academic
1649	achievement and work ethics.
1650	(d)  Support the revised graduation requirements pursuant
1651	to s. 1003.428 by providing creative, applied majors.
1652	(e)  Promote acceleration mechanisms, such as dual
1653	enrollment, articulated credit, or occupational completion
1654	points, so that students may earn postsecondary credit while in
1655	high school.
1656	(f)  Support the state's economy by meeting industry needs
1657	for skilled employees in high-demand occupations.
1658	(3)  A career and professional academy may be offered as
1659	one of the following small learning communities:
1660	(a)  A school-within-a-school career academy, as part of an
1661	existing high school, that provides courses in one occupational
1662	cluster. Students in the high school are not required to be
1663	students in the academy.
1664	(b)  A total school configuration providing multiple
1665	academies each structured around an occupational cluster. Every
1666	student in the school is in an academy.
1667	(4)  Each career and professional academy must:
1668	(a)  Provide a rigorous standards-based academic curriculum
1669	integrated with a career curriculum. The curriculum must take
1670	into consideration multiple styles of student learning; promote
1671	learning by doing through application and adaptation; maximize
1672	relevance of the subject matter; enhance each student's capacity
1673	to excel; and include an emphasis on work habits and work
1674	ethics.
1675	(b)  Include one or more partnerships with postsecondary
1676	institutions, businesses, industry, employers, economic
1677	development organizations, or other appropriate partners from
1678	the local community. Such partnerships must provide
1679	opportunities for:
1680	1.  Instruction from highly skilled professionals.
1681	2.  Internships, externships, and on-the-job training.
1682	3.  A postsecondary degree, diploma, or certificate.
1683	4.  The highest available level of industry certification.
1684	Where no national or state certification exists, school
1685	districts may establish a local certification in conjunction
1686	with the local workforce development board, the chamber of
1687	commerce, or the Agency for Workforce Innovation.
1688	5.  Maximum articulation of credits pursuant to s. 1007.23
1689	upon program completion.
1690	(c)  Provide creative and tailored student advisement,
1691	including parent participation and coordination with middle
1692	schools to provide career exploration and education planning as
1693	required under s. 1003.4156. Coordination with middle schools
1694	must provide information to middle school students about
1695	secondary and postsecondary career education programs and
1696	academies.
1697	(d)  Provide a career education certification on the high
1698	school diploma pursuant to s. 1003.431.
1699	(e)  Provide instruction in careers designated as high
1700	growth, high demand, and high pay by the local workforce
1701	development board, the chamber of commerce, or the Agency for
1702	Workforce Innovation.
1703	(f)  Deliver academic content through instruction relevant
1704	to the career, including intensive reading and mathematics
1705	intervention required by s. 1003.428, with an emphasis on
1706	strengthening reading for information skills.
1707	(g)  Provide instruction resulting in competency,
1708	certification, or credentials in workplace skills, including,
1709	but not limited to, communication skills, interpersonal skills,
1710	decisionmaking skills, the importance of attendance and
1711	timeliness in the work environment, and work ethics.
1712	(h)  Provide opportunities for students to obtain the
1713	Florida Ready to Work Certification pursuant to s. 1004.99.
1714	(i)  Include an evaluation plan developed jointly with the
1715	Department of Education. The evaluation plan must include a
1716	self-assessment tool based on standards, such as the Career
1717	Academy National Standards of Practice, and outcome measures
1718	including, but not limited to, graduation rates, enrollment in
1719	postsecondary education, business and industry satisfaction,
1720	employment and earnings, achievement of industry certification,
1721	awards of postsecondary credit, and FCAT achievement levels and
1722	learning gains.
1723	Section 28.  Paragraphs (g) and (n) of subsection (2) of
1724	section 1003.51, Florida Statutes, are amended to read:
1725	1003.51  Other public educational services.--
1726	(2)  The State Board of Education shall adopt and maintain
1727	an administrative rule articulating expectations for effective
1728	education programs for youth in Department of Juvenile Justice
1729	programs, including, but not limited to, education programs in
1730	juvenile justice commitment and detention facilities. The rule
1731	shall articulate policies and standards for education programs
1732	for youth in Department of Juvenile Justice programs and shall
1733	include the following:
1734	(g)  Funding requirements, which shall include the
1735	requirement that at least 90 percent of the FEFP funds generated
1736	by students in Department of Juvenile Justice programs or in an
1737	education program for juveniles under s. 985.223 be spent on
1738	instructional costs for those students. One hundred percent of
1739	the formula-based categorical funds generated by students in
1740	Department of Juvenile Justice programs must be spent on
1741	appropriate categoricals such as instructional materials and
1742	public school technology for those students.
1743	(n)  Performance expectations for providers and district
1744	school boards, including the provision of a progress monitoring
1745	an academic improvement plan as required in s. 1008.25.
1746	Section 29.  Subsection (7) of section 1003.52, Florida
1747	Statutes, is amended to read:
1748	1003.52  Educational services in Department of Juvenile
1749	Justice programs.--
1750	(7)  A progress monitoring An academic improvement plan
1751	shall be developed for students who score below the level
1752	specified in district school board policy in reading, writing,
1753	and mathematics or below the level specified by the Commissioner
1754	of Education on statewide assessments as required by s. 1008.25.
1755	These plans shall address academic, literacy, and life skills
1756	and shall include provisions for intensive remedial instruction
1757	in the areas of weakness.
1758	Section 30.  Section 1003.57, Florida Statutes, is amended
1759	to read:
1760	1003.57  Exceptional students instruction.--
1761	(1)  Each district school board shall provide for an
1762	appropriate program of special instruction, facilities, and
1763	services for exceptional students as prescribed by the State
1764	Board of Education as acceptable, including provisions that:
1765	(a)(1)  The district school board provide the necessary
1766	professional services for diagnosis and evaluation of
1767	exceptional students.
1768	(b)(2)  The district school board provide the special
1769	instruction, classes, and services, either within the district
1770	school system, in cooperation with other district school
1771	systems, or through contractual arrangements with approved
1772	private schools or community facilities that meet standards
1773	established by the commissioner.
1774	(c)(3)  The district school board annually provide
1775	information describing the Florida School for the Deaf and the
1776	Blind and all other programs and methods of instruction
1777	available to the parent of a sensory-impaired student.
1778	(d)(4)  The district school board, once every 3 years,
1779	submit to the department its proposed procedures for the
1780	provision of special instruction and services for exceptional
1781	students.
1782	(e)(5)  A No student may not be given special instruction
1783	or services as an exceptional student until after he or she has
1784	been properly evaluated, classified, and placed in the manner
1785	prescribed by rules of the State Board of Education. The parent
1786	of an exceptional student evaluated and placed or denied
1787	placement in a program of special education shall be notified of
1788	each such evaluation and placement or denial. Such notice shall
1789	contain a statement informing the parent that he or she is
1790	entitled to a due process hearing on the identification,
1791	evaluation, and placement, or lack thereof. Such hearings shall
1792	be exempt from the provisions of ss. 120.569, 120.57, and
1793	286.011, except to the extent that the State Board of Education
1794	adopts rules establishing other procedures and any records
1795	created as a result of such hearings shall be confidential and
1796	exempt from the provisions of s. 119.07(1). The hearing must be
1797	conducted by an administrative law judge from the Division of
1798	Administrative Hearings of the Department of Management
1799	Services. The decision of the administrative law judge shall be
1800	final, except that any party aggrieved by the finding and
1801	decision rendered by the administrative law judge shall have the
1802	right to bring a civil action in the circuit court. In such an
1803	action, the court shall receive the records of the
1804	administrative hearing and shall hear additional evidence at the
1805	request of either party. In the alternative, any party aggrieved
1806	by the finding and decision rendered by the administrative law
1807	judge shall have the right to request an impartial review of the
1808	administrative law judge's order by the district court of appeal
1809	as provided by s. 120.68. Notwithstanding any law to the
1810	contrary, during the pendency of any proceeding conducted
1811	pursuant to this section, unless the district school board and
1812	the parents otherwise agree, the student shall remain in his or
1813	her then-current educational assignment or, if applying for
1814	initial admission to a public school, shall be assigned, with
1815	the consent of the parents, in the public school program until
1816	all such proceedings have been completed.
1817	(f)(6)  In providing for the education of exceptional
1818	students, the district school superintendent, principals, and
1819	teachers shall utilize the regular school facilities and adapt
1820	them to the needs of exceptional students to the maximum extent
1821	appropriate. Segregation of exceptional students shall occur
1822	only if the nature or severity of the exceptionality is such
1823	that education in regular classes with the use of supplementary
1824	aids and services cannot be achieved satisfactorily.
1825	(g)(7)  In addition to the services agreed to in a
1826	student's individual education plan, the district school
1827	superintendent shall fully inform the parent of a student having
1828	a physical or developmental disability of all available services
1829	that are appropriate for the student's disability. The
1830	superintendent shall provide the student's parent with a summary
1831	of the student's rights.
1832	(2)(a)  An exceptional student with a disability who
1833	resides in a residential facility and receives special
1834	instruction or services is considered a resident of the state in
1835	which the student's parent is a resident. The cost of such
1836	instruction, facilities, and services for a nonresident student
1837	with a disability shall be provided by the placing authority in
1838	the student's state of residence, such as a public school
1839	entity, other placing authority, or parent. A nonresident
1840	student with a disability may not be reported by any school
1841	district for FTE funding in the Florida Education Finance
1842	Program.
1843	(b)  The Department of Education shall provide to each
1844	school district a statement of the specific limitations of the
1845	district's financial obligation for exceptional students with
1846	disabilities under federal and state law. The department shall
1847	also provide to each school district technical assistance as
1848	necessary for developing a local plan to impose on a student's
1849	home state the fiscal responsibility for educating a nonresident
1850	exceptional student with a disability.
1851	(c)  The Department of Education shall develop a process by
1852	which a school district must, before providing services to an
1853	exceptional student with a disability who resides in a
1854	residential facility in this state, review the residency of the
1855	student. The residential facility, not the district, is
1856	responsible for billing and collecting from a nonresidential
1857	student's home state payment for the student's educational and
1858	related services.
1859	(d)  The Department of Education shall formulate an
1860	interagency agreement or other mechanism for billing and
1861	collecting from a nonresidential student's home state payment
1862	for the student's educational and related services.
1863	(e)  This subsection applies to any nonresident student
1864	with a disability who resides in a residential facility and who
1865	receives instruction as an exceptional student with a disability
1866	in any type of residential facility in this state, including,
1867	but not limited to, a public school, a private school, a group
1868	home facility as defined in s. 393.063, an intensive residential
1869	treatment program for children and adolescents as defined in s.
1870	395.002, a facility as defined in s. 394.455, an intermediate
1871	care facility for the developmentally disabled or ICF/DD as
1872	defined in s. 393.063 or s. 400.960, or a community residential
1873	home as defined in s. 419.001.
1874	Section 31.  Section 1003.576, Florida Statutes, is created
1875	to read:
1876	1003.576  Individual education plans for exceptional
1877	students.--The Department of Education must develop and have an
1878	operating electronic IEP system in place for potential statewide
1879	use no later than July 1, 2007.  The statewide system shall be
1880	developed collaboratively with school districts and must include
1881	input from school districts currently developing or operating
1882	electronic IEP systems.
1883	Section 32.  Subsection (3) of section 1003.58, Florida
1884	Statutes, is amended to read:
1885	1003.58  Students in residential care facilities.--Each
1886	district school board shall provide educational programs
1887	according to rules of the State Board of Education to students
1888	who reside in residential care facilities operated by the
1889	Department of Children and Family Services.
1890	(3)  The district school board shall have full and complete
1891	authority in the matter of the assignment and placement of such
1892	students in educational programs. The parent of an exceptional
1893	student shall have the same due process rights as are provided
1894	under s. 1003.57(1)(e) s. 1003.57(5).
1895
1896	Notwithstanding the provisions herein, the educational program
1897	at the Marianna Sunland Center in Jackson County shall be
1898	operated by the Department of Education, either directly or
1899	through grants or contractual agreements with other public or
1900	duly accredited educational agencies approved by the Department
1901	of Education.
1902	Section 33.  Paragraph (a) of subsection (1) and paragraph
1903	(a) of subsection (2) of section 1003.62, Florida Statutes, are
1904	amended to read:
1905	1003.62  Academic performance-based charter school
1906	districts.--The State Board of Education may enter into a
1907	performance contract with district school boards as authorized
1908	in this section for the purpose of establishing them as academic
1909	performance-based charter school districts. The purpose of this
1910	section is to examine a new relationship between the State Board
1911	of Education and district school boards that will produce
1912	significant improvements in student achievement, while complying
1913	with constitutional and statutory requirements assigned to each
1914	entity.
1915	(1)  ACADEMIC PERFORMANCE-BASED CHARTER SCHOOL DISTRICT.--
1916	(a)  A school district shall be eligible for designation as
1917	an academic performance-based charter school district if it is a
1918	high-performing school district in which a minimum of 50 percent
1919	of the schools earn a performance grade of category "A" or "B"
1920	and in which no school earns a performance grade of category "D"
1921	or "F" for 2 consecutive years pursuant to s. 1008.34. Schools
1922	that receive a performance grade of category "I" or "N" shall
1923	not be included in this calculation. The performance contract
1924	for a school district that earns a charter based on school
1925	performance grades shall be predicated on maintenance of at
1926	least 50 percent of the schools in the school district earning a
1927	performance grade of category "A" or "B" with no school in the
1928	school district earning a performance grade of category "D" or
1929	"F" for 2 consecutive years. A school district in which the
1930	number of schools that earn a performance grade of "A" or "B" is
1931	less than 50 percent may have its charter renewed for 1 year;
1932	however, if the percentage of "A" or "B" schools is less than 50
1933	percent for 2 consecutive years, the charter shall not be
1934	renewed.
1935	(2)  EXEMPTION FROM STATUTES AND RULES.--
1936	(a)  An academic performance-based charter school district
1937	shall operate in accordance with its charter and shall be exempt
1938	from certain State Board of Education rules and statutes if the
1939	State Board of Education determines such an exemption will
1940	assist the district in maintaining or improving its high-
1941	performing status pursuant to paragraph (1)(a). However, the
1942	State Board of Education may not exempt an academic performance-
1943	based charter school district from any of the following
1944	statutes:
1945	1.  Those statutes pertaining to the provision of services
1946	to students with disabilities.
1947	2.  Those statutes pertaining to civil rights, including s.
1948	1000.05, relating to discrimination.
1949	3.  Those statutes pertaining to student health, safety,
1950	and welfare.
1951	4.  Those statutes governing the election or compensation
1952	of district school board members.
1953	5.  Those statutes pertaining to the student assessment
1954	program and the school grading system, including chapter 1008.
1955	6.  Those statutes pertaining to financial matters,
1956	including chapter 1010.
1957	7.  Those statutes pertaining to planning and budgeting,
1958	including chapter 1011, except that ss. 1011.64 and 1011.69
1959	shall be eligible for exemption.
1960	8.  Sections 1012.22(1)(c) and 1012.27(2), relating to
1961	differentiated pay and performance-pay policies for school
1962	administrators and instructional personnel. Professional service
1963	contracts shall be subject to the provisions of ss. 1012.33 and
1964	1012.34.
1965	9.  Those statutes pertaining to educational facilities,
1966	including chapter 1013, except as specified under contract with
1967	the State Board of Education. However, no contractual provision
1968	that could have the effect of requiring the appropriation of
1969	additional capital outlay funds to the academic performance-
1970	based charter school district shall be valid.
1971	Section 34.  Section 1004.64, Florida Statutes, is created
1972	to read:
1973	1004.64  Florida Center for Reading Research.--There is
1974	created at the Florida State University, the Florida Center for
1975	Reading Research (FCRR). The center shall include two outreach
1976	centers, one at a central Florida community college and one at a
1977	south Florida state university. The center and the outreach
1978	centers, under the center's leadership, shall:
1979	(1)  Provide technical assistance and support to all school
1980	districts and schools in this state in the implementation of
1981	evidence-based literacy instruction, assessments, programs, and
1982	professional development.
1983	(2)Conduct applied research that will have an immediate
1984	impact on policy and practices related to literacy instruction
1985	and assessment in this state with an emphasis on struggling
1986	readers and reading in the content area strategies and methods
1987	for secondary teachers.
1988	(3)  Conduct basic research on reading, reading growth,
1989	reading assessment, and reading instruction which will
1990	contribute to scientific knowledge about reading.
1991	(4)  Collaborate with the Just Read! Florida Office and
1992	school districts in the development of frameworks for
1993	comprehensive reading intervention courses for possible use in
1994	middle schools and secondary schools.
1995	(5)  Collaborate with the Just Read! Florida Office and
1996	school districts in the development of frameworks for
1997	professional development activities, using multiple delivery
1998	methods for teaching reading in the content area.
1999	(6)  Disseminate information about research-based practices
2000	related to literacy instruction, assessment, and programs for
2001	students in preschool through grade 12.
2002	(7)  Collect, manage, and report on assessment information
2003	from screening, progress monitoring, and outcome assessments
2004	through the Florida Progress Monitoring and Reporting Network.
2005	The network is a statewide resource that is operated to provide
2006	valid and timely reading assessment data for parents, teachers,
2007	principals, and district-level and state-level staff in the
2008	management of instruction at the individual, classroom, and
2009	school levels.
2010	Section 35.  Section 1004.99, Florida Statutes, is created
2011	to read:
2012	1004.99  Florida Ready to Work Certification Program.--
2013	(1)  There is created the Florida Ready to Work
2014	Certification Program to enhance the workplace skills of
2015	Florida's students to better prepare them for successful
2016	employment in specific occupations.
2017	(2)  The Florida Ready to Work Certification Program may be
2018	conducted in public middle and high schools, community colleges,
2019	technical centers, one-stop career centers, vocational
2020	rehabilitation centers, and Department of Juvenile Justice
2021	educational facilities. The program may be made available to
2022	other entities that provide job training. The Department of
2023	Education shall establish institutional readiness criteria for
2024	program implementation.
2025	(3)  The Florida Ready to Work Certification Program shall
2026	be composed of:
2027	(a)  A comprehensive identification of workplace skills for
2028	each occupation identified for inclusion in the program by the
2029	Agency for Workforce Innovation and the Department of Education.
2030	(b)  A preinstructional assessment that delineates the
2031	student's mastery level on the specific workplace skills
2032	identified for that occupation.
2033	(c)  A targeted instructional program limited to those
2034	identified workplace skills in which the student is not
2035	proficient as measured by the preinstructional assessment.
2036	Instruction must utilize a web-based program and be customized
2037	to meet identified specific needs of local employers.
2038	(d)  A certificate and portfolio awarded to students upon
2039	successful completion of the instruction. Each portfolio must
2040	delineate the skills demonstrated by the student as evidence of
2041	the student's preparation for employment.
2042	(4)  The State Board of Education, in consultation with the
2043	Agency for Workforce Innovation, may adopt rules pursuant to ss.
2044	120.536(1) and 120.54 to implement the provisions of this
2045	section.
2046	Section 36.  Subsection (4) of section 1006.09, Florida
2047	Statutes, is amended to read:
2048	1006.09  Duties of school principal relating to student
2049	discipline and school safety.--
2050	(4)  When a student has been the victim of a violent crime
2051	perpetrated by another student who attends the same school, the
2052	school principal shall make full and effective use of the
2053	provisions of subsection (2) and s. 1006.13(5). A school
2054	principal who fails to comply with this subsection shall be
2055	ineligible for any portion of the performance pay policy
2056	incentive or the differentiated pay under s. 1012.22 s.
2057	1012.22(1)(c). However, if any party responsible for
2058	notification fails to properly notify the school, the school
2059	principal shall be eligible for the incentive or differentiated
2060	pay.
2061	Section 37.  Section 1007.21, Florida Statutes, is amended
2062	to read:
2063	1007.21  Readiness for postsecondary education and the
2064	workplace.--
2065	(1)  It is the intent of the Legislature that students and
2066	parents develop academic set early achievement and career goals
2067	for the student's post-high-school post-high school experience
2068	during the middle grades. This section sets forth a model which
2069	schools, through their school advisory councils, may choose to
2070	implement to ensure that students are ready for postsecondary
2071	education and the workplace. If such a program is adopted,
2072	students and their parents shall have the option of
2073	participating in this model to plan the student's secondary
2074	level course of study. Parents and students are to become
2075	partners with school personnel in career exploration and
2076	educational decisionmaking choice. Clear academic course
2077	expectations that emphasize rigorous and relevant coursework
2078	shall be made available to all students by allowing both student
2079	and parent choice.
2080	(2)(a)  Students entering the 9th grade and their parents
2081	shall have developed during the middle grades a 4- to 5-year
2082	academic and career plan based on postsecondary and career be
2083	active participants in choosing an end-of-high-school student
2084	destination based upon both student and parent goals. Alternate
2085	career and academic Four or more destinations should be
2086	considered available with bridges between destinations to enable
2087	students to shift academic and career priorities if destinations
2088	should they choose to change goals. The destinations shall
2089	accommodate the needs of students served in exceptional
2090	education programs to the extent appropriate for individual
2091	students. Exceptional education students may continue to follow
2092	the courses outlined in the district school board student
2093	progression plan. Participating Students and their parents shall
2094	choose among destinations, which must include:
2095	1.  Four-year college or university, community college plus
2096	university, or military academy degree.
2097	2.  Two-year postsecondary degree.
2098	3.  Postsecondary career certificate.
2099	4.  Immediate employment or entry-level military.
2100	5.  A combination of the above.
2101	(b)  The student progression model toward a chosen
2102	destination shall include:
2103	1.  A "path" of core courses leading to each of the
2104	destinations provided in paragraph (a).
2105	2.  A recommended group of electives which shall help
2106	define each path.
2107	3.  Provisions for a teacher, school administrator, other
2108	school staff member, or community volunteer to be assigned to a
2109	student as an "academic advocate" if parental involvement is
2110	lacking.
2111	(c)  The common placement test authorized in ss.
2112	1001.03(10) and 1008.30 or a similar test may be administered to
2113	all high school second semester sophomores who have chosen one
2114	of the four destinations.  The results of the placement test
2115	shall be used to target additional instructional needs in
2116	reading, writing, and mathematics prior to graduation.
2117	(d)  Ample opportunity shall be provided for students to
2118	move from one destination to another, and some latitude shall
2119	exist within each destination, to meet the individual needs of
2120	students.
2121	(e)  Destinations specified in subparagraphs (a)1., 2., and
2122	3. shall support the goals of the Tech Prep program.  Students
2123	participating in Tech Prep shall be enrolled in articulated,
2124	sequential programs of study that include a technical component
2125	and at least a minimum of a postsecondary certificate or 2-year
2126	degree.
2127	(f)  In order for these destinations to be attainable, the
2128	business community shall be encouraged to support real-world
2129	internships and apprenticeships.
2130	(g)  All students shall be encouraged to take part in
2131	service learning opportunities.
2132	(h)  High school equivalency diploma preparation programs
2133	shall not be a choice for high school students leading to any of
2134	the four destinations provided in paragraph (a) since the
2135	appropriate coursework, counseling component, and career
2136	preparation cannot be ensured.
2137	(i)  Schools shall ensure that students and parents are
2138	made aware of the destinations available and provide the
2139	necessary coursework to assist the student in reaching the
2140	chosen destination.  Students and parents shall be made aware of
2141	the student's progress toward the chosen destination.
2142	(j)  The Department of Education shall offer technical
2143	assistance to school districts to ensure that the destinations
2144	offered also meet the academic standards adopted by the state.
2145	(3)(a)  Access to Level I courses for graduation credit and
2146	for pursuit of a declared destination shall be limited to only
2147	those students for whom assessment indicates a more rigorous
2148	course of study would be inappropriate.
2149	(b)  The school principal shall:
2150	1.  Designate a member of the existing instructional or
2151	administrative staff to serve as a specialist to help coordinate
2152	the use of student achievement strategies to help students
2153	succeed in their coursework. The specialist shall also assist
2154	teachers in integrating the academic and career curricula,
2155	utilizing technology, providing feedback regarding student
2156	achievement, and implementing the Blueprint for Career
2157	Preparation and Tech Prep programs.
2158	2.  Institute strategies to eliminate reading, writing, and
2159	mathematics deficiencies of secondary students.
2160	Section 38.  Paragraph (c) of subsection (3) of section
2161	1007.2615, Florida Statutes, is amended to read:
2162	1007.2615  American Sign Language; findings; foreign-
2163	language credits authorized; teacher licensing.--
2164	(3)  DUTIES OF COMMISSIONER OF EDUCATION AND STATE BOARD OF
2165	EDUCATION; LICENSING OF AMERICAN SIGN LANGUAGE TEACHERS; PLAN
2166	FOR POSTSECONDARY EDUCATION PROVIDERS.--
2167	(c)  An ASL teacher must be certified by the Department of
2168	Education by July 1, 2009 January 1, 2008, and must obtain
2169	current certification through the Florida American Sign Language
2170	Teachers' Association (FASLTA) by January 1, 2006. New FASLTA
2171	certification may be used by current ASL teachers as an
2172	alternative certification track.
2173	Section 39.  Subsections (5) and (16) of section 1007.271,
2174	Florida Statutes, are amended to read:
2175	1007.271  Dual enrollment programs.--
2176	(5)  Each district school board shall inform all secondary
2177	students of dual enrollment as an educational option and
2178	mechanism for acceleration. Students shall be informed of
2179	eligibility criteria, the option for taking dual enrollment
2180	courses beyond the regular school year, and the minimum academic
2181	credits required for graduation. District school boards shall
2182	annually assess the demand for dual enrollment and other
2183	advanced courses, and the district school board shall consider
2184	strategies and programs to meet that demand and include access
2185	to dual enrollment on the high school campus whenever possible.
2186	Alternative grade calculation, weighting systems, or information
2187	regarding student education options which discriminates against
2188	dual enrollment courses are prohibited.
2189	(16)  Beginning with students entering grade 9 in the 2006-
2190	2007 school year, school districts and community colleges must
2191	weigh college level dual enrollment courses the same as honors
2192	courses and advanced placement, International Baccalaureate, and
2193	Advanced International Certificate of Education courses when
2194	grade point averages are calculated. Alternative grade
2195	calculation or weighting systems that discriminate against dual
2196	enrollment courses are prohibited.
2197	Section 40.  Paragraphs (c) and (f) of subsection (1),
2198	paragraphs (c), (e), and (f) of subsection (3), and subsection
2199	(9) of section 1008.22, Florida Statutes, are amended, paragraph
2200	(f) is added to subsection (3) of that section, present
2201	subsection (10) of that section is redesignated as subsection
2202	(11), and a new subsection (10) is added to that section, to
2203	read:
2204	1008.22  Student assessment program for public schools.--
2205	(1)  PURPOSE.--The primary purposes of the student
2206	assessment program are to provide information needed to improve
2207	the public schools by enhancing the learning gains of all
2208	students and to inform parents of the educational progress of
2209	their public school children.  The program must be designed to:
2210	(c)  Identify the educational strengths and needs of
2211	students and the readiness of students to be promoted to the
2212	next grade level or to graduate from high school with a standard
2213	or special high school diploma.
2214	(f)  Provide information on the performance of Florida
2215	students compared with that of other students others across the
2216	United States.
2217	(3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
2218	design and implement a statewide program of educational
2219	assessment that provides information for the improvement of the
2220	operation and management of the public schools, including
2221	schools operating for the purpose of providing educational
2222	services to youth in Department of Juvenile Justice programs.
2223	The commissioner may enter into contracts for the continued
2224	administration of the assessment, testing, and evaluation
2225	programs authorized and funded by the Legislature. Contracts may
2226	be initiated in 1 fiscal year and continue into the next and may
2227	be paid from the appropriations of either or both fiscal years.
2228	The commissioner is authorized to negotiate for the sale or
2229	lease of tests, scoring protocols, test scoring services, and
2230	related materials developed pursuant to law. Pursuant to the
2231	statewide assessment program, the commissioner shall:
2232	(c)  Develop and implement a student achievement testing
2233	program known as the Florida Comprehensive Assessment Test
2234	(FCAT) as part of the statewide assessment program, to be
2235	administered annually in grades 3 through 10 to measure reading,
2236	writing, science, and mathematics. Other content areas may be
2237	included as directed by the commissioner. The assessment of
2238	reading and mathematics shall be administered annually in grades
2239	3 through 10. The assessment of writing and science shall be
2240	administered at least once at the elementary, middle, and high
2241	school levels. The commissioner must document the procedures
2242	used to ensure that the versions of the FCAT which are taken by
2243	students retaking the grade 10 FCAT are equally as challenging
2244	and difficult as the tests taken by students in grade 10 which
2245	contain performance tasks. The testing program must be designed
2246	so that:
2247	1.  The tests measure student skills and competencies
2248	adopted by the State Board of Education as specified in
2249	paragraph (a). The tests must measure and report student
2250	proficiency levels of all students assessed in reading, writing,
2251	mathematics, and science. The commissioner shall provide for the
2252	tests to be developed or obtained, as appropriate, through
2253	contracts and project agreements with private vendors, public
2254	vendors, public agencies, postsecondary educational
2255	institutions, or school districts. The commissioner shall obtain
2256	input with respect to the design and implementation of the
2257	testing program from state educators, assistive technology
2258	experts, and the public.
2259	2.  The testing program will include a combination of norm-
2260	referenced and criterion-referenced tests and include, to the
2261	extent determined by the commissioner, questions that require
2262	the student to produce information or perform tasks in such a
2263	way that the skills and competencies he or she uses can be
2264	measured.
2265	3.  Each testing program, whether at the elementary,
2266	middle, or high school level, includes a test of writing in
2267	which students are required to produce writings that are then
2268	scored by appropriate and timely methods.
2269	4.  A score is designated for each subject area tested,
2270	below which score a student's performance is deemed inadequate.
2271	The school districts shall provide appropriate remedial
2272	instruction to students who score below these levels.
2273	5.  Except as provided in s. 1003.428(8)(b) or s.
2274	1003.43(11)(b), students must earn a passing score on the grade
2275	10 assessment test described in this paragraph or attain
2276	concordant scores on an alternate assessment as described in
2277	subsection (9) in reading, writing, and mathematics to qualify
2278	for a standard regular high school diploma. The State Board of
2279	Education shall designate a passing score for each part of the
2280	grade 10 assessment test. In establishing passing scores, the
2281	state board shall consider any possible negative impact of the
2282	test on minority students. All students who took the grade 10
2283	FCAT during the 2000-2001 school year shall be required to earn
2284	the passing scores in reading and mathematics established by the
2285	State Board of Education for the March 2001 test administration.
2286	Such students who did not earn the established passing scores
2287	and must repeat the grade 10 FCAT are required to earn the
2288	passing scores established for the March 2001 test
2289	administration. All students who take the grade 10 FCAT for the
2290	first time in March 2002 shall be required to earn the passing
2291	scores in reading and mathematics established by the State Board
2292	of Education for the March 2002 test administration. The State
2293	Board of Education shall adopt rules which specify the passing
2294	scores for the grade 10 FCAT. Any such rules, which have the
2295	effect of raising the required passing scores, shall only apply
2296	to students taking the grade 10 FCAT for the first time after
2297	such rules are adopted by the State Board of Education.
2298	6.  Participation in the testing program is mandatory for
2299	all students attending public school, including students served
2300	in Department of Juvenile Justice programs, except as otherwise
2301	prescribed by the commissioner. If a student does not
2302	participate in the statewide assessment, the district must
2303	notify the student's parent and provide the parent with
2304	information regarding the implications of such nonparticipation.
2305	If modifications are made in the student's instruction to
2306	provide accommodations that would not be permitted on the
2307	statewide assessment tests, the district must notify the
2308	student's parent of the implications of such instructional
2309	modifications.  A parent must provide signed consent for a
2310	student to receive classroom instructional accommodations
2311	modifications that would not be available or permitted on the
2312	statewide assessments and must acknowledge in writing that he or
2313	she understands the implications of such instructional
2314	accommodations. The State Board of Education shall adopt rules,
2315	based upon recommendations of the commissioner, for the
2316	provision of test accommodations and modifications of procedures
2317	as necessary for students in exceptional education programs and
2318	for students who have limited English proficiency.
2319	Accommodations that negate the validity of a statewide
2320	assessment are not allowable in the administration of the FCAT.
2321	However, instructional accommodations are allowable in the
2322	classroom if included in a student's individual education plan.
2323	Students using instructional accommodations in the classroom
2324	that are not allowable as accommodations on the FCAT may have
2325	the FCAT requirement waived pursuant to the requirements of s.
2326	1003.428(8)(b) or s. 1003.43(11)(b).
2327	7.  A student seeking an adult high school diploma must
2328	meet the same testing requirements that a regular high school
2329	student must meet.
2330	8.  District school boards must provide instruction to
2331	prepare students to demonstrate proficiency in the skills and
2332	competencies necessary for successful grade-to-grade progression
2333	and high school graduation. If a student is provided with
2334	instructional accommodations in the classroom or modifications
2335	that are not allowable as accommodations in the statewide
2336	assessment program, as described in the test manuals, the
2337	district must inform the parent in writing and must provide the
2338	parent with information regarding the impact on the student's
2339	ability to meet expected proficiency levels in reading, writing,
2340	and math. The commissioner shall conduct studies as necessary to
2341	verify that the required skills and competencies are part of the
2342	district instructional programs.
2343	9.  District school boards must provide opportunities for
2344	students to demonstrate an acceptable level of performance on an
2345	alternative standardized assessment approved by the State Board
2346	of Education following enrollment in summer academies.
2347	10.9.  The Department of Education must develop, or select,
2348	and implement a common battery of assessment tools that will be
2349	used in all juvenile justice programs in the state. These tools
2350	must accurately measure the skills and competencies established
2351	in the Florida Sunshine State Standards.
2352	11.  For students seeking a special diploma pursuant to s.
2353	1003.438, the Department of Education must develop or select and
2354	implement an alternate assessment tool that accurately measures
2355	the skills and competencies established in the Sunshine State
2356	Standards for students with disabilities under s. 1003.438.
2357
2358	The commissioner may, based on collaboration and input from
2359	school districts, design and implement student testing programs,
2360	for any grade level and subject area, necessary to effectively
2361	monitor educational achievement in the state, including the
2362	measurement of educational achievement of the Sunshine State
2363	Standards for students with disabilities. Development and
2364	refinement of assessments shall include universal design
2365	principles and accessibility standards that will prevent any
2366	unintended obstacles for students with disabilities while
2367	ensuring the validity and reliability of the test. These
2368	principles should be applicable to all technology platforms and
2369	assistive devices available for the assessments. The field
2370	testing process and psychometric analyses for the statewide
2371	assessment program must include an appropriate percentage of
2372	students with disabilities and an evaluation or determination of
2373	the effect of test items on such students.
2374	(e)  Conduct ongoing research and analysis of student
2375	achievement data, including, without limitation, monitoring
2376	trends in student achievement by grade level and overall student
2377	achievement, identifying school programs that are successful,
2378	and analyzing correlates of school achievement.
2379	(f)  Study the cost and student achievement impact of
2380	secondary end-of-course assessments, including web-based and
2381	performance formats, and report to the Legislature prior to
2382	implementation.
2383	(9)  CONCORDANT SCORES FOR THE FCAT EQUIVALENCIES FOR
2384	STANDARDIZED TESTS.--
2385	(a)  The State Board of Education shall analyze the content
2386	and concordant data sets for widely used high school achievement
2387	tests, including, but not limited to, the PSAT, PLAN, SAT, ACT,
2388	and College Placement Test, to assess if concordant scores for
2389	FCAT scores can be determined for high school graduation,
2390	college placement, and scholarship awards. In cases where
2391	content alignment and concordant scores can be determined, the
2392	Commissioner of Education shall adopt those scores as meeting
2393	the graduation requirement in lieu of achieving the FCAT passing
2394	score and may adopt those scores as being sufficient to achieve
2395	additional purposes as determined by rule. Each time that test
2396	content or scoring procedures are changed for the FCAT or one of
2397	the identified tests, new concordant scores must be determined.
2398	The Commissioner of Education shall approve the use of the SAT
2399	and ACT tests as alternative assessments to the grade 10 FCAT
2400	for the 2003-2004 school year.
2401	(b)  In order to use a concordant subject area score
2402	pursuant to this subsection to Students who attain scores on the
2403	SAT or ACT which equate to the passing scores on the grade 10
2404	FCAT for purposes of high school graduation shall satisfy the
2405	assessment requirement for a standard high school diploma as
2406	provided in s. 1003.429(6)(a), or s. 1003.43(5)(a), or s.
2407	1003.428, for the 2003-2004 school year if the students meet the
2408	requirement in paragraph (b).
2409	(b)  a student must shall be required to take each subject
2410	area of the grade 10 FCAT a total of three times without earning
2411	a passing score in order to use the scores on an alternative
2412	assessment pursuant to paragraph (a). The requirements of this
2413	paragraph This requirement shall not apply to a new student who
2414	enters the Florida is a new student to the public school system
2415	in grade 12, who may either achieve a passing score on the FCAT
2416	or use an approved subject area concordant score to fulfill the
2417	graduation requirement.
2418	(c)  The State Board of Education may define by rule the
2419	allowable uses, other than to satisfy the high school graduation
2420	requirement, for concordant scores as described in this
2421	subsection. Such uses may include, but need not be limited to,
2422	achieving appropriate standardized test scores required for the
2423	awarding of Florida Bright Futures Scholarships and college
2424	placement.
2425	(10)  REPORTS.--The Department of Education shall annually
2426	provide a report to the Governor, the President of the Senate,
2427	and the Speaker of the House of Representatives on the
2428	following:
2429	(a)  Longitudinal performance of students in mathematics
2430	and reading.
2431	(b)  Longitudinal performance of students by grade level in
2432	mathematics and reading.
2433	(c)  Longitudinal performance regarding efforts to close
2434	the achievement gap.
2435	(d)  Longitudinal performance of students on the norm-
2436	referenced component of the FCAT.
2437	(e)  Other student performance data based on national norm-
2438	referenced and criterion-referenced tests, when available, and
2439	numbers of students who after 8th grade enroll in adult
2440	education rather than other secondary education.
2441	Section 41.  Section 1008.221, Florida Statutes, is
2442	repealed.
2443	Section 42.  Paragraphs (a), (b), and (c) of subsection
2444	(4), paragraphs (b) and (c) of subsection (6), paragraph (b) of
2445	subsection (7), and paragraph (b) of subsection (8) of section
2446	1008.25, Florida Statutes, are amended, and paragraph (c) is
2447	added to subsection (8) of that section, to read:
2448	1008.25  Public school student progression; remedial
2449	instruction; reporting requirements.--
2450	(4)  ASSESSMENT AND REMEDIATION.--
2451	(a)  Each student must participate in the statewide
2452	assessment tests required by s. 1008.22. Each student who does
2453	not meet specific levels of performance as determined by the
2454	district school board in reading, writing, science, and
2455	mathematics for each grade level, or who scores below Level 3 in
2456	reading or math does not meet specific levels of performance as
2457	determined by the commissioner on statewide assessments at
2458	selected grade levels, must be provided with additional
2459	diagnostic assessments to determine the nature of the student's
2460	difficulty, the and areas of academic need, and strategies for
2461	appropriate intervention and instruction as described in
2462	paragraph (b).
2463	(b)  The school in which the student is enrolled must
2464	develop, in consultation with the student's parent, and must
2465	implement a progress monitoring plan. A progress monitoring plan
2466	is intended to provide the school district and the school
2467	flexibility in meeting the academic needs of the student and to
2468	reduce paperwork. A student who is not meeting the school
2469	district or state requirements for proficiency in reading and
2470	math shall be covered by one of the following plans to target
2471	instruction and identify ways to improve his or her academic
2472	achievement:
2473	1.  A federally required student plan such as an individual
2474	education plan;
2475	2.  A schoolwide system of progress monitoring for all
2476	students; or
2477	3.  An individualized progress monitoring plan.
2478
2479	The plan chosen must be an academic improvement plan designed
2480	to assist the student or the school in meeting state and
2481	district expectations for proficiency. For a student for whom a
2482	personalized middle school success plan is required pursuant to
2483	s. 1003.415, the middle school success plan must be incorporated
2484	in the student's academic improvement plan. Beginning with the
2485	2002-2003 school year, If the student has been identified as
2486	having a deficiency in reading, the academic improvement plan
2487	shall identify the student's specific areas of deficiency in
2488	phonemic awareness, phonics, fluency, comprehension, and
2489	vocabulary; the desired levels of performance in these areas;
2490	and the K-12 comprehensive reading plan required by s.
2491	1011.62(8) shall include instructional and support services to
2492	be provided to meet the desired levels of performance. District
2493	school boards may require low-performing students to attend
2494	remediation programs held before or after regular school hours
2495	or during the summer if transportation is provided. Schools
2496	shall also provide for the frequent monitoring of the student's
2497	progress in meeting the desired levels of performance. District
2498	school boards shall assist schools and teachers to implement
2499	research-based reading activities that have been shown to be
2500	successful in teaching reading to low-performing students.
2501	Remedial instruction provided during high school may not be in
2502	lieu of English and mathematics credits required for graduation.
2503	(c)  Upon subsequent evaluation, if the documented
2504	deficiency has not been remediated in accordance with the
2505	academic improvement plan, the student may be retained. Each
2506	student who does not meet the minimum performance expectations
2507	defined by the Commissioner of Education for the statewide
2508	assessment tests in reading, writing, science, and mathematics
2509	must continue to be provided with remedial or supplemental
2510	instruction until the expectations are met or the student
2511	graduates from high school or is not subject to compulsory
2512	school attendance.
2513	(6)  ELIMINATION OF SOCIAL PROMOTION.--
2514	(b)  The district school board may only exempt students
2515	from mandatory retention, as provided in paragraph (5)(b), for
2516	good cause. Good cause exemptions shall be limited to the
2517	following:
2518	1.  Limited English proficient students who have had less
2519	than 2 years of instruction in an English for Speakers of Other
2520	Languages program.
2521	2.  Students with disabilities whose individual education
2522	plan indicates that participation in the statewide assessment
2523	program is not appropriate, consistent with the requirements of
2524	State Board of Education rule.
2525	3.  Students who demonstrate an acceptable level of
2526	performance on an alternative standardized reading assessment
2527	approved by the State Board of Education.
2528	4.  Students who demonstrate, through a student portfolio,
2529	that the student is reading on grade level as evidenced by
2530	demonstration of mastery of the Sunshine State Standards in
2531	reading equal to at least a Level 2 performance on the FCAT.
2532	5.  Students with disabilities who participate in the FCAT
2533	and who have an individual education plan or a Section 504 plan
2534	that reflects that the student has received the intensive
2535	remediation in reading, as required by paragraph (4)(b), for
2536	more than 2 years but still demonstrates a deficiency in reading
2537	and was previously retained in kindergarten, grade 1, grade 2,
2538	or grade 3.
2539	6.  Students who have received the intensive remediation in
2540	reading as required by paragraph (4)(b) for 2 or more years but
2541	still demonstrate a deficiency in reading and who were
2542	previously retained in kindergarten, grade 1, grade 2, or grade
2543	3 for a total of 2 years. Intensive reading instruction for
2544	students so promoted must include an altered instructional day
2545	based upon an academic improvement plan that includes
2546	specialized diagnostic information and specific reading
2547	strategies for each student. The district school board shall
2548	assist schools and teachers to implement reading strategies that
2549	research has shown to be successful in improving reading among
2550	low-performing readers.
2551	(c)  Requests for good cause exemptions for students from
2552	the mandatory retention requirement as described in
2553	subparagraphs (b)3. and 4. shall be made consistent with the
2554	following:
2555	1.  Documentation shall be submitted from the student's
2556	teacher to the school principal that indicates that the
2557	promotion of the student is appropriate and is based upon the
2558	student's academic record. In order to minimize paperwork
2559	requirements, such documentation shall consist only of the
2560	existing progress monitoring academic improvement plan,
2561	individual educational plan, if applicable, report card, or
2562	student portfolio.
2563	2.  The school principal shall review and discuss such
2564	recommendation with the teacher and make the determination as to
2565	whether the student should be promoted or retained. If the
2566	school principal determines that the student should be promoted,
2567	the school principal shall make such recommendation in writing
2568	to the district school superintendent. The district school
2569	superintendent shall accept or reject the school principal's
2570	recommendation in writing.
2571	(7)  SUCCESSFUL PROGRESSION FOR RETAINED READERS.--
2572	(b)  Beginning with the 2004-2005 school year, each school
2573	district shall:
2574	1.  Conduct a review of student progress monitoring
2575	academic improvement plans for all students who did not score
2576	above Level 1 on the reading portion of the FCAT and did not
2577	meet the criteria for one of the good cause exemptions in
2578	paragraph (6)(b). The review shall address additional supports
2579	and services, as described in this subsection, needed to
2580	remediate the identified areas of reading deficiency. The school
2581	district shall require a student portfolio to be completed for
2582	each such student.
2583	2.  Provide students who are retained under the provisions
2584	of paragraph (5)(b) with intensive instructional services and
2585	supports to remediate the identified areas of reading
2586	deficiency, including a minimum of 90 minutes of daily,
2587	uninterrupted, scientifically research-based reading instruction
2588	and other strategies prescribed by the school district, which
2589	may include, but are not limited to:
2590	a.  Small group instruction.
2591	b.  Reduced teacher-student ratios.
2592	c.  More frequent progress monitoring.
2593	d.  Tutoring or mentoring.
2594	e.  Transition classes containing 3rd and 4th grade
2595	students.
2596	f.  Extended school day, week, or year.
2597	g.  Summer reading camps.
2598	3.  Provide written notification to the parent of any
2599	student who is retained under the provisions of paragraph (5)(b)
2600	that his or her child has not met the proficiency level required
2601	for promotion and the reasons the child is not eligible for a
2602	good cause exemption as provided in paragraph (6)(b). The
2603	notification must comply with the provisions of s. 1002.20(14)
2604	and must include a description of proposed interventions and
2605	supports that will be provided to the child to remediate the
2606	identified areas of reading deficiency.
2607	4.  Implement a policy for the midyear promotion of any
2608	student retained under the provisions of paragraph (5)(b) who
2609	can demonstrate that he or she is a successful and independent
2610	reader, reading at or above grade level, and ready to be
2611	promoted to grade 4. Tools that school districts may use in
2612	reevaluating any student retained may include subsequent
2613	assessments, alternative assessments, and portfolio reviews, in
2614	accordance with rules of the State Board of Education. Students
2615	promoted during the school year after November 1 must
2616	demonstrate proficiency above that required to score at Level 2
2617	on the grade 3 FCAT, as determined by the State Board of
2618	Education. The State Board of Education shall adopt standards
2619	that provide a reasonable expectation that the student's
2620	progress is sufficient to master appropriate 4th grade level
2621	reading skills.
2622	5.  Provide students who are retained under the provisions
2623	of paragraph (5)(b) with a high-performing teacher as determined
2624	by student performance data and above-satisfactory performance
2625	appraisals.
2626	6.  In addition to required reading enhancement and
2627	acceleration strategies, provide parents of students to be
2628	retained with at least one of the following instructional
2629	options:
2630	a.  Supplemental tutoring in scientifically research-based
2631	reading services in addition to the regular reading block,
2632	including tutoring before and/or after school.
2633	b.  A "Read at Home" plan outlined in a parental contract,
2634	including participation in "Families Building Better Readers
2635	Workshops" and regular parent-guided home reading.
2636	c.  A mentor or tutor with specialized reading training.
2637	7.  Establish a Reading Enhancement and Acceleration
2638	Development (READ) Initiative. The focus of the READ Initiative
2639	shall be to prevent the retention of grade 3 students and to
2640	offer intensive accelerated reading instruction to grade 3
2641	students who failed to meet standards for promotion to grade 4
2642	and to each K-3 student who is assessed as exhibiting a reading
2643	deficiency. The READ Initiative shall:
2644	a.  Be provided to all K-3 students at risk of retention as
2645	identified by the statewide assessment system used in Reading
2646	First schools. The assessment must measure phonemic awareness,
2647	phonics, fluency, vocabulary, and comprehension.
2648	b.  Be provided during regular school hours in addition to
2649	the regular reading instruction.
2650	c.  Provide a state-identified reading curriculum that has
2651	been reviewed by the Florida Center for Reading Research at
2652	Florida State University and meets, at a minimum, the following
2653	specifications:
2654	(I)  Assists students assessed as exhibiting a reading
2655	deficiency in developing the ability to read at grade level.
2656	(II)  Provides skill development in phonemic awareness,
2657	phonics, fluency, vocabulary, and comprehension.
2658	(III)  Provides scientifically based and reliable
2659	assessment.
2660	(IV)  Provides initial and ongoing analysis of each
2661	student's reading progress.
2662	(V)  Is implemented during regular school hours.
2663	(VI)  Provides a curriculum in core academic subjects to
2664	assist the student in maintaining or meeting proficiency levels
2665	for the appropriate grade in all academic subjects.
2666	8.  Establish at each school, where applicable, an
2667	Intensive Acceleration Class for retained grade 3 students who
2668	subsequently score at Level 1 on the reading portion of the
2669	FCAT. The focus of the Intensive Acceleration Class shall be to
2670	increase a child's reading level at least two grade levels in 1
2671	school year. The Intensive Acceleration Class shall:
2672	a.  Be provided to any student in grade 3 who scores at
2673	Level 1 on the reading portion of the FCAT and who was retained
2674	in grade 3 the prior year because of scoring at Level 1 on the
2675	reading portion of the FCAT.
2676	b.  Have a reduced teacher-student ratio.
2677	c.  Provide uninterrupted reading instruction for the
2678	majority of student contact time each day and incorporate
2679	opportunities to master the grade 4 Sunshine State Standards in
2680	other core subject areas.
2681	d.  Use a reading program that is scientifically research-
2682	based and has proven results in accelerating student reading
2683	achievement within the same school year.
2684	e.  Provide intensive language and vocabulary instruction
2685	using a scientifically research-based program, including use of
2686	a speech-language therapist.
2687	f.  Include weekly progress monitoring measures to ensure
2688	progress is being made.
2689	g.  Report to the Department of Education, in the manner
2690	described by the department, the progress of students in the
2691	class at the end of the first semester.
2692	9.  Report to the State Board of Education, as requested,
2693	on the specific intensive reading interventions and supports
2694	implemented at the school district level. The Commissioner of
2695	Education shall annually prescribe the required components of
2696	requested reports.
2697	10.  Provide a student who has been retained in grade 3 and
2698	has received intensive instructional services but is still not
2699	ready for grade promotion, as determined by the school district,
2700	the option of being placed in a transitional instructional
2701	setting. Such setting shall specifically be designed to produce
2702	learning gains sufficient to meet grade 4 performance standards
2703	while continuing to remediate the areas of reading deficiency.
2704	(8)  ANNUAL REPORT.--
2705	(b)  Beginning with the 2001-2002 school year, Each
2706	district school board must annually publish in the local
2707	newspaper, and report in writing to the State Board of Education
2708	by September 1 of each year, the following information on the
2709	prior school year:
2710	1.  The provisions of this section relating to public
2711	school student progression and the district school board's
2712	policies and procedures on student retention and promotion.
2713	2.  By grade, the number and percentage of all students in
2714	grades 3 through 10 performing at Levels 1 and 2 on the reading
2715	portion of the FCAT.
2716	3.  By grade, the number and percentage of all students
2717	retained in grades 3 through 10.
2718	4.  Information on the total number of students who were
2719	promoted for good cause, by each category of good cause as
2720	specified in paragraph (6)(b).
2721	5.  Any revisions to the district school board's policy on
2722	student retention and promotion from the prior year.
2723	(c)  The Department of Education shall establish a uniform
2724	format for school districts to report the information required
2725	in paragraph (b). The format shall be developed with input from
2726	district school boards and shall be provided not later than 90
2727	days prior to the annual due date. The department shall annually
2728	compile the information required in subparagraphs (b)2., 3., and
2729	4., along with state-level summary information, and report such
2730	information to the Governor, the President of the Senate, and
2731	the Speaker of the House of Representatives.
2732	Section 43.  Section 1008.301, Florida Statutes, is
2733	repealed.
2734	Section 44.  Paragraphs (d) and (e) of subsection (1),
2735	paragraphs (b) and (c) of subsection (2), and subsection (3) of
2736	section 1008.31, Florida Statutes, are amended, and subsection
2737	(4) is added to that section, to read:
2738	1008.31  Florida's K-20 education performance
2739	accountability system; legislative intent; performance-based
2740	funding; mission, goals, and systemwide measures; data quality
2741	improvements.--
2742	(1)  LEGISLATIVE INTENT.--It is the intent of the
2743	Legislature that:
2744	(d)  The State Board of Education and the Board of
2745	Governors of the State University System recommend to the
2746	Legislature systemwide performance standards; the Legislature
2747	establish systemwide performance measures and standards; and the
2748	systemwide measures and standards provide Floridians with
2749	information on what the public is receiving in return for the
2750	funds it invests in education and how well the K-20 system
2751	educates its students.
2752	(e)1.  The State Board of Education establish performance
2753	measures and set performance standards for individual components
2754	of the public education system, including individual schools and
2755	community colleges postsecondary educational institutions, with
2756	measures and standards based primarily on student achievement.
2757	2.  The Board of Governors of the State University System
2758	establish performance measures and set performance standards for
2759	individual state universities, including actual completion
2760	rates.
2761	(2)  MISSION, GOALS, AND SYSTEMWIDE MEASURES.--
2762	(b)  The process State Board of Education shall adopt
2763	guiding principles for establishing state and sector-specific
2764	standards and measures must be:
2765	1.  Focused on student success.
2766	2.  Addressable through policy and program changes.
2767	3.  Efficient and of high quality.
2768	4.  Measurable over time.
2769	5.  Simple to explain and display to the public.
2770	6.  Aligned with other measures and other sectors to
2771	support a coordinated K-20 education system.
2772	(c)  The Department State Board of Education shall maintain
2773	an accountability system that measures student progress toward
2774	the following goals:
2775	1.  Highest student achievement, as indicated by evidence
2776	of student learning gains at all levels measured by: student
2777	FCAT performance and annual learning gains; the number and
2778	percentage of schools that improve at least one school
2779	performance grade designation or maintain a school performance
2780	grade designation of "A" pursuant to s. 1008.34; graduation or
2781	completion rates at all learning levels; and other measures
2782	identified in law or rule.
2783	2.  Seamless articulation and maximum access, as measured
2784	by evidence of progression, readiness, and access by targeted
2785	groups of students identified by the Commissioner of Education:
2786	the percentage of students who demonstrate readiness for the
2787	educational level they are entering, from kindergarten through
2788	postsecondary education and into the workforce; the number and
2789	percentage of students needing remediation; the percentage of
2790	Floridians who complete associate, baccalaureate, graduate,
2791	professional, and postgraduate degrees; the number and
2792	percentage of credits that articulate; the extent to which each
2793	set of exit-point requirements matches the next set of entrance-
2794	point requirements; the degree to which underserved populations
2795	access educational opportunity; the extent to which access is
2796	provided through innovative educational delivery strategies; and
2797	other measures identified in law or rule.
2798	3.  Skilled workforce and economic development, as measured
2799	by evidence of employment and earnings: the number and
2800	percentage of graduates employed in their areas of preparation;
2801	the percentage of Floridians with high school diplomas and
2802	postsecondary education credentials; the percentage of business
2803	and community members who find that Florida's graduates possess
2804	the skills they need; national rankings; and other measures
2805	identified in law or rule.
2806	4.  Quality efficient services, as measured by evidence of
2807	return on investment: cost per completer or graduate; average
2808	cost per noncompleter at each educational level; cost disparity
2809	across institutions offering the same degrees; the percentage of
2810	education customers at each educational level who are satisfied
2811	with the education provided; and other measures identified in
2812	law or rule.
2813	5.  Other goals as identified by law or rule.
2814	(3)  K-20 EDUCATION DATA QUALITY IMPROVEMENTS SYSTEMWIDE
2815	DATA COLLECTION.--To provide data required to implement
2816	education performance accountability measures in state and
2817	federal law, the Commissioner of Education shall initiate and
2818	maintain strategies to improve data quality and timeliness. All
2819	data collected from state universities shall, as determined by
2820	the commissioner, be integrated into the K-20 data warehouse.
2821	The commissioner shall have unlimited access to such data solely
2822	for the purposes of conducting studies, reporting annual and
2823	longitudinal student outcomes, and improving college readiness
2824	and articulation. All public educational institutions shall
2825	provide data to the K-20 data warehouse in a format specified by
2826	the commissioner.
2827	(a)  School districts and public postsecondary educational
2828	institutions shall maintain information systems that will
2829	provide the State Board of Education, the Board of Governors of
2830	the State University System, and the Legislature with
2831	information and reports necessary to address the specifications
2832	of the accountability system. The State Board of Education shall
2833	determine the standards for the required data. The level of
2834	comprehensiveness and quality shall be no less than that which
2835	was available as of June 30, 2001.
2836	(b)  The Commissioner of Education shall determine the
2837	standards for the required data, monitor data quality, and
2838	measure improvements. The commissioner shall report annually to
2839	the State Board of Education, the Board of Governors of the
2840	State University System, the President of the Senate, and the
2841	Speaker of the House of Representatives data quality indicators
2842	and ratings for all school districts and public postsecondary
2843	educational institutions.
2844	(c)  Before establishing any new reporting or data
2845	collection requirements, the Commissioner of Education shall
2846	utilize existing data being collected to reduce duplication and
2847	minimize paperwork.
2848	(4)  RULES.--The State Board of Education shall adopt rules
2849	pursuant to ss. 120.536(1) and 120.54 to implement the
2850	provisions of this section relating to the K-20 data warehouse.
2851	Section 45.  Section 1008.33, Florida Statutes, is amended
2852	to read:
2853	1008.33  Authority to enforce public school improvement.--
2854	It is the intent of the Legislature that all public schools be
2855	held accountable for students performing at acceptable levels.
2856	A system of school improvement and accountability that assesses
2857	student performance by school, identifies schools in which
2858	students are not making adequate progress toward state
2859	standards, institutes appropriate measures for enforcing
2860	improvement, and provides rewards and sanctions based on
2861	performance shall be the responsibility of the State Board of
2862	Education.
2863	(1)  Pursuant to Art. IX of the State Constitution
2864	prescribing the duty of the State Board of Education to
2865	supervise Florida's public school system and notwithstanding any
2866	other statutory provisions to the contrary, the State Board of
2867	Education shall intervene in the operation of a district school
2868	system when one or more schools in the school district have
2869	failed to make adequate progress for 2 school years in a 4-year
2870	period. For purposes of determining when a school is eligible
2871	for state board action and opportunity scholarships for its
2872	students, the terms "2 years in any 4-year period" and "2 years
2873	in a 4-year period" mean that in any year that a school has a
2874	grade of "F," the school is eligible for state board action and
2875	opportunity scholarships for its students if it also has had a
2876	grade of "F" in any of the previous 3 school years. The State
2877	Board of Education may determine that the school district or
2878	school has not taken steps sufficient for students in the school
2879	to be academically well served. Considering recommendations of
2880	the Commissioner of Education, the State Board of Education
2881	shall recommend action to a district school board intended to
2882	improve educational services to students in each school that is
2883	designated with a as performance grade of category "F."
2884	Recommendations for actions to be taken in the school district
2885	shall be made only after thorough consideration of the unique
2886	characteristics of a school, which shall include student
2887	mobility rates, the number and type of exceptional students
2888	enrolled in the school, and the availability of options for
2889	improved educational services. The state board shall adopt by
2890	rule steps to follow in this process.  Such steps shall provide
2891	school districts sufficient time to improve student performance
2892	in schools and the opportunity to present evidence of assistance
2893	and interventions that the district school board has
2894	implemented.
2895	(2)  The State Board of Education may recommend one or more
2896	of the following actions to district school boards to enable
2897	students in schools designated with a as performance grade of
2898	category "F" to be academically well served by the public school
2899	system:
2900	(a)  Provide additional resources, change certain
2901	practices, and provide additional assistance if the state board
2902	determines the causes of inadequate progress to be related to
2903	school district policy or practice;
2904	(b)  Implement a plan that satisfactorily resolves the
2905	education equity problems in the school;
2906	(c)  Contract for the educational services of the school,
2907	or reorganize the school at the end of the school year under a
2908	new school principal who is authorized to hire new staff and
2909	implement a plan that addresses the causes of inadequate
2910	progress. A contract to administer an alternative school may not
2911	be entered into with a private entity which contract changes the
2912	character of the alternative school population as it existed
2913	when the alternative school was administered by the public
2914	school system. The term "character of the alternative school
2915	population" means the percentage of students having learning
2916	disabilities, physical disabilities, emotional disabilities, or
2917	developmental disabilities, as well as the percentage of
2918	students having discipline problems;
2919	(d)  Allow parents of students in the school to send their
2920	children to another district school of their choice; or
2921	(e)  Other action appropriate to improve the school's
2922	performance, including, if the school is a high school,
2923	requiring annual publication of the school's graduation rate
2924	calculated without GED tests for the past 3 years, disaggregated
2925	by student ethnicity.
2926	(3)  In recommending actions to district school boards, the
2927	State Board of Education shall specify the length of time
2928	available to implement the recommended action.  The State Board
2929	of Education may adopt rules to further specify how it may
2930	respond in specific circumstances.  No action taken by the State
2931	Board of Education shall relieve a school from state
2932	accountability requirements.
2933	(4)  The State Board of Education may require the
2934	Department of Education or Chief Financial Officer to withhold
2935	any transfer of state funds to the school district if, within
2936	the timeframe specified in state board action, the school
2937	district has failed to comply with the action ordered to improve
2938	the district's low-performing schools. Withholding the transfer
2939	of funds shall occur only after all other recommended actions
2940	for school improvement have failed to improve performance. The
2941	State Board of Education may impose the same penalty on any
2942	district school board that fails to develop and implement a plan
2943	for assistance and intervention for low-performing schools as
2944	specified in s. 1001.42(16)(d) s. 1001.42(16)(c).
2945	Section 46.  Section 1008.34, Florida Statutes, is amended
2946	to read:
2947	1008.34  School grading system; school report cards;
2948	district performance grade.--
2949	(1)  ANNUAL REPORTS.--The Commissioner of Education shall
2950	prepare annual reports of the results of the statewide
2951	assessment program which describe student achievement in the
2952	state, each district, and each school. The commissioner shall
2953	prescribe the design and content of these reports, which must
2954	include, without limitation, descriptions of the performance of
2955	all schools participating in the assessment program and all of
2956	their major student populations as determined by the
2957	Commissioner of Education, and must also include the median
2958	scores of all eligible students who scored at or in the lowest
2959	25th percentile of the state in the previous school year;
2960	provided, however, that the provisions of s. 1002.22 pertaining
2961	to student records apply to this section.
2962	(2)  SCHOOL GRADES PERFORMANCE GRADE CATEGORIES.--The
2963	annual report shall identify schools as having one of the
2964	following grades, being in one of the following grade categories
2965	defined according to rules of the State Board of Education:
2966	(a)  "A," schools making excellent progress.
2967	(b)  "B," schools making above average progress.
2968	(c)  "C," schools making satisfactory progress.
2969	(d)  "D," schools making less than satisfactory progress.
2970	(e)  "F," schools failing to make adequate progress.
2971
2972	Each school designated with a in performance grade of category
2973	"A," making excellent progress, or having improved at least two
2974	performance grade levels categories, shall have greater
2975	authority over the allocation of the school's total budget
2976	generated from the FEFP, state categoricals, lottery funds,
2977	grants, and local funds, as specified in state board rule. The
2978	rule must provide that the increased budget authority shall
2979	remain in effect until the school's performance grade declines.
2980	(3)  DESIGNATION OF SCHOOL GRADES PERFORMANCE GRADE
2981	CATEGORIES.--Each school that has students who are tested and
2982	included in the school grading system, except an alternative
2983	school that receives a school-improvement rating pursuant to s.
2984	1008.341, shall receive a school grade; however, an alternative
2985	school may choose to receive a school grade under this section
2986	in lieu of a school-improvement rating. Additionally, a school
2987	that serves any combination of students in kindergarten through
2988	grade 3 which does not receive a school grade because its
2989	students are not tested and included in the school grading
2990	system shall receive the school grade designation of a K-3
2991	feeder pattern school identified by the Department of Education
2992	and verified by the school district. A school feeder pattern
2993	exists if at least 60 percent of the students in the school
2994	serving a combination of students in kindergarten through grade
2995	3 are scheduled to be assigned to the graded school. School
2996	grades performance grade category designations itemized in
2997	subsection (2) shall be based on the following:
2998	(a)  Criteria Timeframes.--A school's grade shall be based
2999	on a combination of:
3000	1.  Student achievement scores, including achievement
3001	scores for students seeking a special diploma School performance
3002	grade category designations shall be based on the school's
3003	current year performance and the school's annual learning gains.
3004	2.  A school's performance grade category designation shall
3005	be based on a combination of student achievement scores, Student
3006	learning gains as measured by annual FCAT assessments in grades
3007	3 through 10; learning gains for students seeking a special
3008	diploma, as measured by an alternate assessment tool, shall be
3009	included not later than the 2009-2010 school year., and
3010	3.  Improvement of the lowest 25th percentile of students
3011	in the school in reading, math, or writing on the FCAT, unless
3012	these students are exhibiting performing above satisfactory
3013	performance.
3014	(b)  Student assessment data.--Student assessment data used
3015	in determining school grades performance grade categories shall
3016	include:
3017	1.  The aggregate scores of all eligible students enrolled
3018	in the school who have been assessed on the FCAT.
3019	2.  The aggregate scores of all eligible students enrolled
3020	in the school who have been assessed on the FCAT, including
3021	Florida Writes, and who have scored at or in the lowest 25th
3022	percentile of students in the school in reading, math, or
3023	writing, unless these students are exhibiting performing above
3024	satisfactory performance.
3025	3.  Effective with the 2005-2006 school year, the
3026	achievement scores and learning gains of eligible students
3027	attending alternative schools that provide dropout-prevention
3028	and academic-intervention services pursuant to s. 1003.53. The
3029	term "eligible students" in this subparagraph does not include
3030	students attending an alternative school who are subject to
3031	district school board policies for expulsion for repeated or
3032	serious offenses, who are in dropout-retrieval programs serving
3033	students who have officially been designated as dropouts, or who
3034	are in programs operated or contracted by the Department of
3035	Juvenile Justice. The student performance data for eligible
3036	students identified in this subparagraph shall be included in
3037	the calculation of the home school's grade. For purposes of this
3038	section and s. 1008.341, "home school" means the school the
3039	student was attending when assigned to an alternative school. If
3040	an alternative school chooses to be graded pursuant to this
3041	section, student performance data for eligible students
3042	identified in this subparagraph shall not be included in the
3043	home school's grade but shall be included only in the
3044	calculation of the alternative school's grade. School districts
3045	must require collaboration between the home school and the
3046	alternative school in order to promote student success.
3047
3048	The Department of Education shall study the effects of mobility
3049	on the performance of highly mobile students and recommend
3050	programs to improve the performance of such students. The State
3051	Board of Education shall adopt appropriate criteria for each
3052	school performance grade category. The criteria must also give
3053	added weight to student achievement in reading. Schools
3054	designated with a as performance grade of category "C," making
3055	satisfactory progress, shall be required to demonstrate that
3056	adequate progress has been made by students in the school who
3057	are in the lowest 25th percentile in reading, math, or writing
3058	on the FCAT, including Florida Writes, unless these students are
3059	exhibiting performing above satisfactory performance.
3060	(4)  SCHOOL IMPROVEMENT RATINGS.--The annual report shall
3061	identify each school's performance as having improved, remained
3062	the same, or declined. This school improvement rating shall be
3063	based on a comparison of the current year's and previous year's
3064	student and school performance data. Schools that improve at
3065	least one performance grade level category are eligible for
3066	school recognition awards pursuant to s. 1008.36.
3067	(5)  SCHOOL REPORT CARD PERFORMANCE GRADE CATEGORY AND
3068	IMPROVEMENT RATING REPORTS.--The Department of Education shall
3069	annually develop, in collaboration with the school districts, a
3070	school report card to be delivered to parents throughout each
3071	school district. The report card shall include the school's
3072	grade, information regarding school improvement, an explanation
3073	of school performance as evaluated by the federal No Child Left
3074	Behind Act of 2001, and indicators of return on investment.
3075	School performance grade category designations and improvement
3076	ratings shall apply to each school's performance for the year in
3077	which performance is measured. Each school's report card
3078	designation and rating shall be published annually by the
3079	department on its website, of Education and the school district
3080	shall provide the school report card to each parent. Parents
3081	shall be entitled to an easy-to-read report card about the
3082	designation and rating of the school in which their child is
3083	enrolled.
3084	(6)  RULES.--The State Board of Education shall adopt rules
3085	pursuant to ss. 120.536(1) and 120.54 to implement the
3086	provisions of this section.
3087	(6)(7)  PERFORMANCE-BASED FUNDING.--The Legislature may
3088	factor in the performance of schools in calculating any
3089	performance-based funding policy that is provided for annually
3090	in the General Appropriations Act.
3091	(7)(8)  DISTRICT PERFORMANCE GRADE.--The annual report
3092	required by subsection (1) shall include district performance
3093	grades, which shall consist of weighted district average grades,
3094	by level, for all elementary schools, middle schools, and high
3095	schools in the district. A district's weighted average grade
3096	shall be calculated by weighting individual school grades
3097	determined pursuant to subsection (2) by school enrollment.
3098	Section 47.  Section 1008.341, Florida Statutes, is created
3099	to read:
3100	1008.341  School-improvement rating for alternative
3101	schools.--
3102	(1)  ANNUAL REPORTS.--The Commissioner of Education shall
3103	prepare an annual report on the performance of each school
3104	receiving a school-improvement rating pursuant to this section
3105	if the provisions of s. 1002.22 pertaining to student records
3106	apply.
3107	(2)  SCHOOL IMPROVEMENT RATING.--Alternative schools that
3108	provide dropout-prevention and academic-intervention services
3109	pursuant to s. 1003.53 shall receive a school-improvement rating
3110	pursuant to this section. The school-improvement rating shall
3111	identify schools as having one of the following ratings defined
3112	according to rules of the State Board of Education:
3113	(a)  "Improving" means schools with students making more
3114	academic progress than when the students were served in their
3115	home schools.
3116	(b)  "Maintaining" means schools with students making
3117	progress equivalent to the progress made when the students were
3118	served in their home schools.
3119	(c)  "Declining" means schools with students making less
3120	academic progress than when the students were served in their
3121	home schools.
3122
3123	The school-improvement rating shall be based on a comparison of
3124	student performance data for the current year and previous year.
3125	Schools that improve at least one level or maintain an
3126	"improving" rating pursuant to this section are eligible for
3127	school recognition awards pursuant to s. 1008.36.
3128	(3)  DESIGNATION OF SCHOOL-IMPROVEMENT RATING.--Student
3129	data used in determining an alternative school's school-
3130	improvement rating shall include:
3131	(a)  The aggregate scores of all eligible students who were
3132	assigned to and enrolled in the school during the October or
3133	February FTE count, who have been assessed on the FCAT, and who
3134	have FCAT or comparable scores for the preceding school year.
3135	(b)  The aggregate scores of all eligible students who were
3136	assigned to and enrolled in the school during the October or
3137	February FTE count, who have been assessed on the FCAT,
3138	including Florida Writes, and who have scored in the lowest 25th
3139	percentile of students in the state on FCAT Reading.
3140
3141	The assessment scores of students who are subject to district
3142	school board policies for expulsion for repeated or serious
3143	offenses, who are in dropout-retrieval programs serving students
3144	who have officially been designated as dropouts, or who are in
3145	programs operated or contracted by the Department of Juvenile
3146	Justice may not be included in an alternative school's school
3147	improvement rating.
3148	(4)  IDENTIFICATION OF STUDENT LEARNING GAINS.--For each
3149	alternative school receiving a school-improvement rating, the
3150	Department of Education shall annually identify the percentage
3151	of students making learning gains as compared to the percentage
3152	of the same students making learning gains in their home schools
3153	in the year prior to being assigned to the alternative school.
3154	(5)  SCHOOL REPORT CARD.--The Department of Education shall
3155	annually develop, in collaboration with the school districts, a
3156	school report card for alternative schools to be delivered to
3157	parents throughout each school district. The report card shall
3158	include the school-improvement rating, identification of student
3159	learning gains, student attendance data, information regarding
3160	school improvement, an explanation of school performance as
3161	evaluated by the federal No Child Left Behind Act of 2001, and
3162	indicators of return on investment.
3163	Section 48.  Subsection (5), paragraphs (b) and (d) of
3164	subsection (6), and subsection (7) of section 1008.345, Florida
3165	Statutes, are amended to read:
3166	1008.345  Implementation of state system of school
3167	improvement and education accountability.--
3168	(5)  The commissioner shall report to the Legislature and
3169	recommend changes in state policy necessary to foster school
3170	improvement and education accountability. Included in the report
3171	shall be a list of the schools, including schools operating for
3172	the purpose of providing educational services to youth in
3173	Department of Juvenile Justice programs, for which district
3174	school boards have developed assistance and intervention plans
3175	and an analysis of the various strategies used by the school
3176	boards. School reports shall be distributed pursuant to this
3177	subsection and s. 1001.42(16)(f) s. 1001.42(16)(e) and according
3178	to rules adopted by the State Board of Education.
3179	(6)
3180	(b)  Upon request, the department shall provide technical
3181	assistance and training to any school, including any school
3182	operating for the purpose of providing educational services to
3183	youth in Department of Juvenile Justice programs, school
3184	advisory council, district, or district school board for
3185	conducting needs assessments, developing and implementing school
3186	improvement plans, developing and implementing assistance and
3187	intervention plans, or implementing other components of school
3188	improvement and accountability. Priority for these services
3189	shall be given to schools designated with a as performance grade
3190	of category "D" or "F" and school districts in rural and
3191	sparsely populated areas of the state.
3192	(d)  The commissioner department shall assign a community
3193	assessment team to each school district or governing board with
3194	a school graded designated as performance grade category "D" or
3195	"F" to review the school performance data and determine causes
3196	for the low performance, including the role of school, area, and
3197	district administrative personnel. The community assessment team
3198	shall review a high school's graduation rate calculated without
3199	GED tests for the past 3 years, disaggregated by student
3200	ethnicity. The team shall make recommendations to the school
3201	board or the governing board, to the department, and to the
3202	State Board of Education for implementing an assistance and
3203	intervention plan that will address the causes of the school's
3204	low performance. The assessment team shall include, but not be
3205	limited to, a department representative, parents, business
3206	representatives, educators, representatives of local
3207	governments, and community activists, and shall represent the
3208	demographics of the community from which they are appointed.
3209	(7)(a)  Schools designated with a in performance grade of
3210	category "A," making excellent progress, shall, if requested by
3211	the school, be given deregulated status as specified in s.
3212	1003.63(5), (7), (8), (9), and (10).
3213	(b)  Schools that have improved at least two grades
3214	performance grade categories and that meet the criteria of the
3215	Florida School Recognition Program pursuant to s. 1008.36 may be
3216	given deregulated status as specified in s. 1003.63(5), (7),
3217	(8), (9), and (10).
3218	Section 49.  Subsection (3) of section 1009.24, Florida
3219	Statutes, is amended to read:
3220	1009.24  State university student fees.--
3221	(3)  Except as otherwise provided by law, undergraduate
3222	tuition shall be established annually in the General
3223	Appropriations Act. The Board of Governors, or the board's
3224	designee, may establish tuition for graduate and professional
3225	programs, and out-of-state fees for all programs. The sum of
3226	tuition and out-of-state fees assessed to nonresident students
3227	must be sufficient to offset the full instructional cost of
3228	serving such students. However, adjustments to out-of-state fees
3229	or tuition for graduate and professional programs pursuant to
3230	this section may not exceed 10 percent in any year. Within
3231	proviso in the General Appropriations Act and law, each board of
3232	trustees shall set university tuition and fees. The sum of the
3233	activity and service, health, and athletic fees a student is
3234	required to pay to register for a course shall not exceed 40
3235	percent of the tuition established in law or in the General
3236	Appropriations Act. No university shall be required to lower any
3237	fee in effect on the effective date of this act in order to
3238	comply with this subsection. Within the 40 percent cap,
3239	universities may not increase the aggregate sum of activity and
3240	service, health, and athletic fees more than 5 percent per year
3241	unless specifically authorized in law or in the General
3242	Appropriations Act. A university may increase its athletic fee
3243	to defray the costs associated with changing National Collegiate
3244	Athletic Association divisions. Any such increase in the
3245	athletic fee may exceed both the 40 percent cap and the 5
3246	percent cap imposed by this subsection. Any such increase must
3247	be approved by the athletic fee committee in the process
3248	outlined in subsection (11) and cannot exceed $2 per credit
3249	hour. Notwithstanding the provisions of ss. 1009.534, 1009.535,
3250	and 1009.536, that portion of any increase in an athletic fee
3251	pursuant to this subsection that causes the sum of the activity
3252	and service, health, and athletic fees to exceed the 40 percent
3253	cap or the annual increase in such fees to exceed the 5 percent
3254	cap shall not be included in calculating the amount a student
3255	receives for a Florida Academic Scholars award, a Florida
3256	Medallion Scholars award, or a Florida Gold Seal Vocational
3257	Scholars award. This subsection does not prohibit a university
3258	from increasing or assessing optional fees related to specific
3259	activities if payment of such fees is not required as a part of
3260	registration for courses.
3261	Section 50.  Paragraphs (f), (h), (l), (m), and (n) of
3262	subsection (1) and paragraphs (a) and (b) of subsection (4) of
3263	section 1011.62, Florida Statutes, are amended, present
3264	subsections (8) and (9) of that section are redesignated as
3265	subsections (9) and (10), respectively, and amended, and a new
3266	subsection (8) is added to that section, to read:
3267	1011.62  Funds for operation of schools.--If the annual
3268	allocation from the Florida Education Finance Program to each
3269	district for operation of schools is not determined in the
3270	annual appropriations act or the substantive bill implementing
3271	the annual appropriations act, it shall be determined as
3272	follows:
3273	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
3274	OPERATION.--The following procedure shall be followed in
3275	determining the annual allocation to each district for
3276	operation:
3277	(f)  Supplemental academic instruction; categorical fund.--
3278	1.  There is created a categorical fund to provide
3279	supplemental academic instruction to students in kindergarten
3280	through grade 12.  This paragraph may be cited as the
3281	"Supplemental Academic Instruction Categorical Fund."
3282	2.  Categorical funds for supplemental academic instruction
3283	shall be allocated annually to each school district in the
3284	amount provided in the General Appropriations Act.  These funds
3285	shall be in addition to the funds appropriated on the basis of
3286	FTE student membership in the Florida Education Finance Program
3287	and shall be included in the total potential funds of each
3288	district.  These funds shall be used to provide supplemental
3289	academic instruction to students enrolled in the K-12 program.
3290	Supplemental instruction strategies may include, but are not
3291	limited to: modified curriculum, reading instruction, after-
3292	school instruction, tutoring, mentoring, class size reduction,
3293	extended school year, intensive skills development in summer
3294	school, and other methods for improving student achievement.
3295	Supplemental instruction may be provided to a student in any
3296	manner and at any time during or beyond the regular 180-day term
3297	identified by the school as being the most effective and
3298	efficient way to best help that student progress from grade to
3299	grade and to graduate.
3300	3.  Effective with the 1999-2000 fiscal year, funding on
3301	the basis of FTE membership beyond the 180-day regular term
3302	shall be provided in the FEFP only for students enrolled in
3303	juvenile justice education programs or in education programs for
3304	juveniles placed in secure facilities or programs under s.
3305	985.223. Funding for instruction beyond the regular 180-day
3306	school year for all other K-12 students shall be provided
3307	through the supplemental academic instruction categorical fund
3308	and other state, federal, and local fund sources with ample
3309	flexibility for schools to provide supplemental instruction to
3310	assist students in progressing from grade to grade and
3311	graduating.
3312	4.  The Florida State University School, as a lab school,
3313	is authorized to expend from its FEFP or Lottery Enhancement
3314	Trust Fund allocation the cost to the student of remediation in
3315	reading, writing, or mathematics for any graduate who requires
3316	remediation at a postsecondary educational institution.
3317	5.  Beginning in the 1999-2000 school year, dropout
3318	prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
3319	(b), and (c), and 1003.54 shall be included in group 1 programs
3320	under subparagraph (d)3.
3321	(h)  Small, isolated high schools.--Districts which levy
3322	the maximum nonvoted discretionary millage, exclusive of millage
3323	for capital outlay purposes levied pursuant to s. 1011.71(2),
3324	may calculate full-time equivalent students for small, isolated
3325	high schools by multiplying the number of unweighted full-time
3326	equivalent students times 2.75; provided the school has attained
3327	a state accountability performance grade category of "C" or
3328	better, pursuant to s. 1008.34, for the previous school year.
3329	For the purpose of this section, the term "small, isolated high
3330	school" means any high school which is located no less than 28
3331	miles by the shortest route from another high school; which has
3332	been serving students primarily in basic studies provided by
3333	sub-subparagraphs (c)1.b. and c. and may include subparagraph
3334	(c)4.; and which has a membership of no more than 100 students,
3335	but no fewer than 28 students, in grades 9 through 12.
3336	(l)  Calculation of additional full-time equivalent
3337	membership based on international baccalaureate examination
3338	scores of students.--A value of 0.24 full-time equivalent
3339	student membership shall be calculated for each student enrolled
3340	in an international baccalaureate course who receives a score of
3341	4 or higher on a subject examination. A value of 0.3 full-time
3342	equivalent student membership shall be calculated for each
3343	student who receives an international baccalaureate diploma.
3344	Such value shall be added to the total full-time equivalent
3345	student membership in basic programs for grades 9 through 12 in
3346	the subsequent fiscal year. The school district shall distribute
3347	to each classroom teacher who provided international
3348	baccalaureate instruction:
3349	1.  A bonus in the amount of $50 for each student taught by
3350	the International Baccalaureate teacher in each international
3351	baccalaureate course who receives a score of 4 or higher on the
3352	international baccalaureate examination.
3353	2.  An additional bonus of $500 to each International
3354	Baccalaureate teacher in a school designated with a performance
3355	grade of category "D" or "F" who has at least one student
3356	scoring 4 or higher on the international baccalaureate
3357	examination, regardless of the number of classes taught or of
3358	the number of students scoring a 4 or higher on the
3359	international baccalaureate examination.
3360
3361	Bonuses awarded to a teacher according to this paragraph shall
3362	not exceed $2,000 in any given school year and shall be in
3363	addition to any regular wage or other bonus the teacher received
3364	or is scheduled to receive.
3365	(m)  Calculation of additional full-time equivalent
3366	membership based on Advanced International Certificate of
3367	Education examination scores of students.--A value of 0.24 full-
3368	time equivalent student membership shall be calculated for each
3369	student enrolled in a full-credit Advanced International
3370	Certificate of Education course who receives a score of E or
3371	higher on a subject examination. A value of 0.12 full-time
3372	equivalent student membership shall be calculated for each
3373	student enrolled in a half-credit Advanced International
3374	Certificate of Education course who receives a score of E or
3375	higher on a subject examination. A value of 0.3 full-time
3376	equivalent student membership shall be calculated for each
3377	student who receives an Advanced International Certificate of
3378	Education diploma. Such value shall be added to the total full-
3379	time equivalent student membership in basic programs for grades
3380	9 through 12 in the subsequent fiscal year. The school district
3381	shall distribute to each classroom teacher who provided Advanced
3382	International Certificate of Education instruction:
3383	1.  A bonus in the amount of $50 for each student taught by
3384	the Advanced International Certificate of Education teacher in
3385	each full-credit Advanced International Certificate of Education
3386	course who receives a score of E or higher on the Advanced
3387	International Certificate of Education examination. A bonus in
3388	the amount of $25 for each student taught by the Advanced
3389	International Certificate of Education teacher in each half-
3390	credit Advanced International Certificate of Education course
3391	who receives a score of E or higher on the Advanced
3392	International Certificate of Education examination.
3393	2.  An additional bonus of $500 to each Advanced
3394	International Certificate of Education teacher in a school
3395	designated with a performance grade of category "D" or "F" who
3396	has at least one student scoring E or higher on the full-credit
3397	Advanced International Certificate of Education examination,
3398	regardless of the number of classes taught or of the number of
3399	students scoring an E or higher on the full-credit Advanced
3400	International Certificate of Education examination.
3401	3.  Additional bonuses of $250 each to teachers of half-
3402	credit Advanced International Certificate of Education classes
3403	in a school designated with a performance grade of category "D"
3404	or "F" which has at least one student scoring an E or higher on
3405	the half-credit Advanced International Certificate of Education
3406	examination in that class. The maximum additional bonus for a
3407	teacher awarded in accordance with this subparagraph shall not
3408	exceed $500 in any given school year. Teachers receiving an
3409	award under subparagraph 2. are not eligible for a bonus under
3410	this subparagraph.
3411
3412	Bonuses awarded to a teacher according to this paragraph shall
3413	not exceed $2,000 in any given school year and shall be in
3414	addition to any regular wage or other bonus the teacher received
3415	or is scheduled to receive.
3416	(n)  Calculation of additional full-time equivalent
3417	membership based on college board advanced placement scores of
3418	students.--A value of 0.24 full-time equivalent student
3419	membership shall be calculated for each student in each advanced
3420	placement course who receives a score of 3 or higher on the
3421	College Board Advanced Placement Examination for the prior year
3422	and added to the total full-time equivalent student membership
3423	in basic programs for grades 9 through 12 in the subsequent
3424	fiscal year. Each district must allocate at least 80 percent of
3425	the funds provided to the district for advanced placement
3426	instruction, in accordance with this paragraph, to the high
3427	school that generates the funds. The school district shall
3428	distribute to each classroom teacher who provided advanced
3429	placement instruction:
3430	1.  A bonus in the amount of $50 for each student taught by
3431	the Advanced Placement teacher in each advanced placement course
3432	who receives a score of 3 or higher on the College Board
3433	Advanced Placement Examination.
3434	2.  An additional bonus of $500 to each Advanced Placement
3435	teacher in a school designated with a performance grade of
3436	category "D" or "F" who has at least one student scoring 3 or
3437	higher on the College Board Advanced Placement Examination,
3438	regardless of the number of classes taught or of the number of
3439	students scoring a 3 or higher on the College Board Advanced
3440	Placement Examination.
3441
3442	Bonuses awarded to a teacher according to this paragraph shall
3443	not exceed $2,000 in any given school year and shall be in
3444	addition to any regular wage or other bonus the teacher received
3445	or is scheduled to receive.
3446	(4)  COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.--The
3447	Legislature shall prescribe the aggregate required local effort
3448	for all school districts collectively as an item in the General
3449	Appropriations Act for each fiscal year. The amount that each
3450	district shall provide annually toward the cost of the Florida
3451	Education Finance Program for kindergarten through grade 12
3452	programs shall be calculated as follows:
3453	(a)  Estimated taxable value calculations.--
3454	1.a.  Not later than 2 working days prior to July 19, the
3455	Department of Revenue shall certify to the Commissioner of
3456	Education its most recent estimate of the taxable value for
3457	school purposes in each school district and the total for all
3458	school districts in the state for the current calendar year
3459	based on the latest available data obtained from the local
3460	property appraisers. Not later than July 19, the Commissioner of
3461	Education shall compute a millage rate, rounded to the next
3462	highest one one-thousandth of a mill, which, when applied to 95
3463	percent of the estimated state total taxable value for school
3464	purposes, would generate the prescribed aggregate required local
3465	effort for that year for all districts. The Commissioner of
3466	Education shall certify to each district school board the
3467	millage rate, computed as prescribed in this subparagraph, as
3468	the minimum millage rate necessary to provide the district
3469	required local effort for that year.
3470	b.  The General Appropriations Act shall direct the
3471	computation of the statewide adjusted aggregate amount for
3472	required local effort for all school districts collectively from
3473	ad valorem taxes to ensure that no school district's revenue
3474	from required local effort millage will produce more than 90
3475	percent of the district's total Florida Education Finance
3476	Program calculation, and the adjustment of the required local
3477	effort millage rate of each district that produces more than 90
3478	percent of its total Florida Education Finance Program
3479	entitlement to a level that will produce only 90 percent of its
3480	total Florida Education Finance Program entitlement in the July
3481	calculation.
3482	2.  As revised data are received from property appraisers,
3483	the Department of Revenue shall amend the certification of the
3484	estimate of the taxable value for school purposes.  The
3485	Commissioner of Education, in administering the provisions of
3486	paragraph (10)(b) subparagraph (9)(a)2. shall use the most
3487	recent taxable value for the appropriate year.
3488	(b)  Final calculation.--
3489	1.  The Department of Revenue shall, upon receipt of the
3490	official final assessed value of property from each of the
3491	property appraisers, certify to the Commissioner of Education
3492	the taxable value total for school purposes in each school
3493	district, subject to the provisions of paragraph (d). The
3494	commissioner shall use the official final taxable value for
3495	school purposes for each school district in the final
3496	calculation of the annual Florida Education Finance Program
3497	allocations.
3498	2.  For the purposes of this paragraph, the official final
3499	taxable value for school purposes shall be the taxable value for
3500	school purposes on which the tax bills are computed and mailed
3501	to the taxpayers, adjusted to reflect final administrative
3502	actions of value adjustment boards and judicial decisions
3503	pursuant to part I of chapter 194. By September 1 of each year,
3504	the Department of Revenue shall certify to the commissioner the
3505	official prior year final taxable value for school purposes. For
3506	each county that has not submitted a revised tax roll reflecting
3507	final value adjustment board actions and final judicial
3508	decisions, the Department of Revenue shall certify the most
3509	recent revision of the official taxable value for school
3510	purposes. The certified value shall be the final taxable value
3511	for school purposes, and no further adjustments shall be made,
3512	except those made pursuant to paragraph (10)(b). subparagraph
3513	(9)(a)2.
3514	(8)  RESEARCH-BASED READING INSTRUCTION ALLOCATION.--
3515	(a)  The research-based reading instruction allocation is
3516	created to provide comprehensive reading instruction to students
3517	in kindergarten through grade 12.
3518	(b)  Funds for comprehensive, research-based reading
3519	instruction shall be allocated annually to each school district
3520	in the amount provided in the General Appropriations Act. Each
3521	eligible school district shall receive the same minimum amount
3522	as specified in the General Appropriations Act, and any
3523	remaining funds shall be distributed to eligible school
3524	districts based on each school district's proportionate share of
3525	K-12 base funding.
3526	(c)  Funds allocated under this subsection must be used to
3527	provide a system of comprehensive reading instruction to
3528	students enrolled in the K-12 programs, which may include the
3529	following:
3530	1.  The provision of highly qualified reading coaches.
3531	2.  Professional development for school district teachers
3532	in scientifically based reading instruction, including
3533	strategies to teach reading in content areas and with an
3534	emphasis on technical and informational text.
3535	3.  The provision of summer reading camps for students who
3536	score at Level 1 on FCAT Reading.
3537	4.  The provision of supplemental instructional materials
3538	that are grounded in scientifically based reading research.
3539	5.  The provision of intensive interventions for middle and
3540	high school students reading below grade level.
3541	(d)  Annually, by a date determined by the Department of
3542	Education but before May 1, school districts shall submit a K-12
3543	comprehensive reading plan for the specific use of the research-
3544	based reading instruction allocation in the format prescribed by
3545	the department for review and approval by the Just Read,
3546	Florida! Office created pursuant to s. 1001.215. The plan
3547	annually submitted by school districts shall be deemed approved
3548	unless the department rejects the plan on or before June 1. If a
3549	school district and the Just Read, Florida! Office cannot reach
3550	agreement on the contents of the plan, the school district may
3551	appeal to the State Board of Education for resolution. School
3552	districts shall be allowed reasonable flexibility in designing
3553	their plans and shall be encouraged to offer reading remediation
3554	through innovative methods, including career academies. The plan
3555	format shall be developed with input from school district
3556	personnel, including teachers and principals, and shall allow
3557	courses in core, career, and alternative programs that deliver
3558	intensive reading remediation through integrated curricula,
3559	provided that the teacher is deemed highly qualified to teach
3560	reading or working toward that status. No later than July 1
3561	annually, the department shall release the school district's
3562	allocation of appropriated funds to those districts having
3563	approved plans. A school district that spends 100 percent of
3564	this allocation on its approved plan shall be deemed to have
3565	been in compliance with the plan. The department may withhold
3566	funds upon a determination that reading instruction allocation
3567	funds are not being used to implement the approved plan.
3568	(9)(8)  QUALITY ASSURANCE GUARANTEE.--The Legislature may
3569	annually in the General Appropriations Act determine a
3570	percentage increase in funds per K-12 unweighted FTE as a
3571	minimum guarantee to each school district. The guarantee shall
3572	be calculated from prior year base funding per unweighted FTE
3573	student which shall include the adjusted FTE dollars as provided
3574	in subsection (10) (9), quality guarantee funds, and actual
3575	nonvoted discretionary local effort from taxes. From the base
3576	funding per unweighted FTE, the increase shall be calculated for
3577	the current year. The current year funds from which the
3578	guarantee shall be determined shall include the adjusted FTE
3579	dollars as provided in subsection (10) (9) and potential
3580	nonvoted discretionary local effort from taxes. A comparison of
3581	current year funds per unweighted FTE to prior year funds per
3582	unweighted FTE shall be computed. For those school districts
3583	which have less than the legislatively assigned percentage
3584	increase, funds shall be provided to guarantee the assigned
3585	percentage increase in funds per unweighted FTE student. Should
3586	appropriated funds be less than the sum of this calculated
3587	amount for all districts, the commissioner shall prorate each
3588	district's allocation. This provision shall be implemented to
3589	the extent specifically funded.
3590	(10)(9)  TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT
3591	FOR CURRENT OPERATION.--The total annual state allocation to
3592	each district for current operation for the FEFP shall be
3593	distributed periodically in the manner prescribed in the General
3594	Appropriations Act.
3595	(a)  The basic amount for current operation for the FEFP as
3596	determined in subsection (1), multiplied by the district cost
3597	differential factor as determined in subsection (2), plus the
3598	amounts provided for categorical components within the FEFP,
3599	plus the amount for the sparsity supplement as determined in
3600	subsection (6), the decline in full-time equivalent students as
3601	determined in subsection (7), the research-based reading
3602	instruction allocation as determined in subsection (8), and the
3603	quality assurance guarantee as determined in subsection (9) (8),
3604	less the required local effort as determined in subsection (4).
3605	If the funds appropriated for the purpose of funding the total
3606	amount for current operation as provided in this paragraph are
3607	not sufficient to pay the state requirement in full, the
3608	department shall prorate the available state funds to each
3609	district in the following manner:
3610	1.  Determine the percentage of proration by dividing the
3611	sum of the total amount for current operation, as provided in
3612	this paragraph for all districts collectively, and the total
3613	district required local effort into the sum of the state funds
3614	available for current operation and the total district required
3615	local effort.
3616	2.  Multiply the percentage so determined by the sum of the
3617	total amount for current operation as provided in this paragraph
3618	and the required local effort for each individual district.
3619	3.  From the product of such multiplication, subtract the
3620	required local effort of each district; and the remainder shall
3621	be the amount of state funds allocated to the district for
3622	current operation.
3623	(b)  The amount thus obtained shall be the net annual
3624	allocation to each school district. However, if it is determined
3625	that any school district received an underallocation or
3626	overallocation for any prior year because of an arithmetical
3627	error, assessment roll change, full-time equivalent student
3628	membership error, or any allocation error revealed in an audit
3629	report, the allocation to that district shall be appropriately
3630	adjusted. Beginning with audits for the 2001-2002 fiscal year,
3631	if the adjustment is the result of an audit finding in which
3632	group 2 FTE are reclassified to the basic program and the
3633	district weighted FTE are over the weighted enrollment ceiling
3634	for group 2 programs, the adjustment shall not result in a gain
3635	of state funds to the district. If the Department of Education
3636	audit adjustment recommendation is based upon controverted
3637	findings of fact, the Commissioner of Education is authorized to
3638	establish the amount of the adjustment based on the best
3639	interests of the state.
3640	(c)  The amount thus obtained shall represent the net
3641	annual state allocation to each district; however,
3642	notwithstanding any of the provisions herein, each district
3643	shall be guaranteed a minimum level of funding in the amount and
3644	manner prescribed in the General Appropriations Act.
3645	Section 51.  Paragraph (a) of subsection (2) of section
3646	1011.64, Florida Statutes, is amended to read:
3647	1011.64  School district minimum classroom expenditure
3648	requirements.--
3649	(2)  For the purpose of implementing the provisions of this
3650	section, the Legislature shall prescribe minimum academic
3651	performance standards and minimum classroom expenditure
3652	requirements for districts not meeting such minimum academic
3653	performance standards in the General Appropriations Act.
3654	(a)  Minimum academic performance standards may be based
3655	on, but are not limited to, district performance grades
3656	determined pursuant to s. 1008.34(7) s. 1008.34(8).
3657	Section 52.  Section 1011.67, Florida Statutes, is amended
3658	to read:
3659	1011.67  Funds for instructional materials.--
3660	(1)  The department is authorized to allocate and
3661	distribute to each district an amount as prescribed annually by
3662	the Legislature for instructional materials for student
3663	membership in basic and special programs in grades K-12, which
3664	will provide for growth and maintenance needs. For purposes of
3665	this subsection section, unweighted full-time equivalent
3666	students enrolled in the lab schools in state universities are
3667	to be included as school district students and reported as such
3668	to the department. These funds shall be distributed to school
3669	districts as follows: 50 percent on or about July 10; 35 percent
3670	on or about October 10; 10 percent on or about January 10; and 5
3671	percent on or about June 10. The annual allocation shall be
3672	determined as follows:
3673	(a)(1)  The growth allocation for each school district
3674	shall be calculated as follows:
3675	1.(a)  Subtract from that district's projected full-time
3676	equivalent membership of students in basic and special programs
3677	in grades K-12 used in determining the initial allocation of the
3678	Florida Education Finance Program, the prior year's full-time
3679	equivalent membership of students in basic and special programs
3680	in grades K-12 for that district.
3681	2.(b)  Multiply any such increase in full-time equivalent
3682	student membership by the allocation for a set of instructional
3683	materials, as determined by the department, or as provided for
3684	in the General Appropriations Act.
3685	3.(c)  The amount thus determined shall be that district's
3686	initial allocation for growth for the school year. However, the
3687	department shall recompute and adjust the initial allocation
3688	based on actual full-time equivalent student membership data for
3689	that year.
3690	(b)(2)  The maintenance of the instructional materials
3691	allocation for each school district shall be calculated by
3692	multiplying each district's prior year full-time equivalent
3693	membership of students in basic and special programs in grades
3694	K-12 by the allocation for maintenance of a set of instructional
3695	materials as provided for in the General Appropriations Act. The
3696	amount thus determined shall be that district's initial
3697	allocation for maintenance for the school year; however, the
3698	department shall recompute and adjust the initial allocation
3699	based on such actual full-time equivalent student membership
3700	data for that year.
3701	(c)(3)  In the event the funds appropriated are not
3702	sufficient for the purpose of implementing this subsection
3703	section in full, the department shall prorate the funds
3704	available for instructional materials after first funding in
3705	full each district's growth allocation.
3706	(2)  Annually by July 1 and prior to the release of
3707	instructional materials funds, each district school
3708	superintendent shall certify to the Commissioner of Education
3709	that the district school board has approved a comprehensive
3710	staff development plan that supports fidelity of implementation
3711	of instructional materials programs. The report shall include
3712	verification that training was provided and that the materials
3713	are being implemented as designed.
3714	Section 53.  Paragraph (b) of subsection (2) of section
3715	1011.685, Florida Statutes, is amended to read:
3716	1011.685  Class size reduction; operating categorical
3717	fund.--
3718	(2)  Class size reduction operating categorical funds shall
3719	be used by school districts for the following:
3720	(b)  For any lawful operating expenditure, if the district
3721	has met the constitutional maximums identified in s. 1003.03(1)
3722	or the reduction of two students per year required by s.
3723	1003.03(2); however, priority shall be given to increase
3724	salaries of classroom teachers as defined in s. 1012.01(2)(a)
3725	and to implement the differentiated-pay provisions detailed in
3726	s. 1012.22 salary career ladder defined in s. 1012.231.
3727	Section 54.  Subsection (1) of section 1011.71, Florida
3728	Statutes, is amended to read:
3729	1011.71  District school tax.--
3730	(1)  If the district school tax is not provided in the
3731	General Appropriations Act or the substantive bill implementing
3732	the General Appropriations Act, each district school board
3733	desiring to participate in the state allocation of funds for
3734	current operation as prescribed by s. 1011.62(10) s. 1011.62(9)
3735	shall levy on the taxable value for school purposes of the
3736	district, exclusive of millage voted under the provisions of s.
3737	9(b) or s. 12, Art. VII of the State Constitution, a millage
3738	rate not to exceed the amount certified by the commissioner as
3739	the minimum millage rate necessary to provide the district
3740	required local effort for the current year, pursuant to s.
3741	1011.62(4)(a)1. In addition to the required local effort millage
3742	levy, each district school board may levy a nonvoted current
3743	operating discretionary millage. The Legislature shall prescribe
3744	annually in the appropriations act the maximum amount of millage
3745	a district may levy. The millage rate prescribed shall exceed
3746	zero mills but shall not exceed the lesser of 1.6 mills or 25
3747	percent of the millage which is required pursuant to s.
3748	1011.62(4), exclusive of millage levied pursuant to subsection
3749	(2).
3750	Section 55.  Subsection (6) is added to section 1012.21,
3751	Florida Statutes, to read:
3752	1012.21  Department of Education duties; K-12 personnel.--
3753	(6)  REPORTING.--The Department of Education shall annually
3754	post online links to each school district's collective
3755	bargaining contracts and the salary and benefits of the
3756	personnel or officers of any educator association which were
3757	paid by the school district pursuant to s. 1012.22. The
3758	department shall prescribe the computer format for district
3759	school boards to use in providing the information.
3760	Section 56.  Paragraphs (b), (c), (h), and (i) of
3761	subsection (1) of section 1012.22, Florida Statutes, are
3762	amended, and subsection (3) is added to that section, to read:
3763	1012.22  Public school personnel; powers and duties of the
3764	district school board.--The district school board shall:
3765	(1)  Designate positions to be filled, prescribe
3766	qualifications for those positions, and provide for the
3767	appointment, compensation, promotion, suspension, and dismissal
3768	of employees as follows, subject to the requirements of this
3769	chapter:
3770	(b)  Time to act on nominations.--The district school board
3771	shall act not later than 3 weeks following the receipt of FCAT
3772	scores and data, including school grades, or June 30 after the
3773	end of the regular legislative session or May 31, whichever is
3774	later, on the district school superintendent's nominations of
3775	supervisors, principals, and members of the instructional staff.
3776	(c)  Compensation and salary schedules.--
3777	1.  The district school board shall adopt a salary schedule
3778	or salary schedules designed to furnish incentives for
3779	improvement in training and for continued efficient service to
3780	be used as a basis for paying all school employees and fix and
3781	authorize the compensation of school employees on the basis
3782	thereof.
3783	2.  A district school board, in determining the salary
3784	schedule for instructional personnel, must base a portion of
3785	each employee's compensation on performance demonstrated under
3786	s. 1012.34, must consider the prior teaching experience of a
3787	person who has been designated state teacher of the year by any
3788	state in the United States, and must consider prior professional
3789	experience in the field of education gained in positions in
3790	addition to district level instructional and administrative
3791	positions.
3792	3.  In developing the salary schedule, the district school
3793	board shall seek input from parents, teachers, and
3794	representatives of the business community.
3795	4.  Beginning with the 2002-2003 fiscal year, each district
3796	school board must adopt a performance-pay policy for school
3797	administrators and instructional personnel. The district's
3798	performance-pay policy is subject to negotiation as provided in
3799	chapter 447; however, the adopted salary schedule must allow
3800	school administrators and instructional personnel who
3801	demonstrate outstanding performance, as measured under s.
3802	1012.34, to earn a 5-percent supplement in addition to their
3803	individual, negotiated salary. The supplements shall be funded
3804	from the performance-pay reserve funds adopted in the salary
3805	schedule. Beginning with the 2004-2005 academic year, the
3806	district's 5-percent performance-pay policy must provide for the
3807	evaluation of classroom teachers within each level of the salary
3808	career ladder provided in s. 1012.231. The Commissioner of
3809	Education shall determine whether the district school board's
3810	adopted policy and salary schedule complies with the requirement
3811	for performance-based pay. If the district school board fails to
3812	comply with this section, the commissioner may shall withhold
3813	disbursements from the Educational Enhancement Trust Fund to the
3814	district and take any other measure provided by law necessary to
3815	ensure compliance until compliance is verified.
3816	5.  Beginning with the 2007-2008 academic year, each
3817	district school board shall adopt a salary schedule with
3818	differentiated pay for both instructional personnel and school-
3819	based administrators. The salary schedule is subject to
3820	negotiation as provided in chapter 447 and must allow
3821	differentiated pay based on district-determined factors,
3822	including, but not limited to, additional responsibilities,
3823	school demographics, critical shortage areas, and level of job
3824	performance difficulties.
3825	(h)  Planning and training time for teachers.--The district
3826	school board shall may adopt rules to make provisions for
3827	teachers to have time for lunch, professional and some planning,
3828	and professional development training time when they will not be
3829	directly responsible for the children if, provided that some
3830	adult supervision is shall be furnished for the students during
3831	such periods.
3832	(i)  Comprehensive program of staff development.--The
3833	district school board shall establish a comprehensive program of
3834	staff development that incorporates school improvement plans
3835	pursuant to s. 1001.42 and is aligned with principal leadership
3836	training pursuant to s. 1012.985 as a part of the plan.
3837	(3)  Annually provide to the Department of Education the
3838	negotiated collective bargaining contract for the school
3839	district and the salary and benefits for the personnel or
3840	officers of any educator association which are paid by the
3841	school district. The district school board shall report using
3842	the computer format prescribed by the department pursuant to s.
3843	1012.21.
3844	Section 57.  Section 1012.2315, Florida Statutes, is
3845	created to read:
3846	1012.2315  Assignment of teachers.--
3847	(1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature
3848	finds disparities between teachers assigned to teach in a
3849	majority of "A" graded schools and teachers assigned to teach in
3850	a majority of "F" graded schools. The disparities can be found
3851	in the average years of experience, the median salary, and the
3852	performance of the teachers on teacher certification
3853	examinations. It is the intent of the Legislature that district
3854	school boards have flexibility through the collective bargaining
3855	process to assign teachers more equitably across the schools in
3856	the district.
3857	(2)  ASSIGNMENT TO SCHOOLS GRADED "D" OR "F."--School
3858	districts may not assign a higher percentage than the school
3859	district average of first-time teachers, temporarily certified
3860	teachers, teachers in need of improvement, or out-of-field
3861	teachers to schools with above the school district average of
3862	minority and economically disadvantaged students or schools that
3863	are graded "D" or "F." Each school district shall annually
3864	certify to the Commissioner of Education that this requirement
3865	has been met. If the commissioner determines that a school
3866	district is not in compliance with this subsection, the State
3867	Board of Education shall be notified and shall take action
3868	pursuant to s. 1008.32 in the next regularly scheduled meeting
3869	to require compliance.
3870	(3)  SALARY INCENTIVES.--District school boards are
3871	authorized to provide salary incentives to meet the requirement
3872	of subsection (2). A district school board may not sign a
3873	collective bargaining agreement that precludes the school
3874	district from providing sufficient incentives to meet this
3875	requirement.
3876	(4)  COLLECTIVE BARGAINING.--Notwithstanding provisions of
3877	chapter 447 relating to district school board collective
3878	bargaining, collective bargaining provisions may not preclude a
3879	school district from providing incentives to high-quality
3880	teachers and assigning such teachers to low-performing schools.
3881	(5)  REPORT.--Schools graded "D" or "F" shall annually
3882	report their teacher-retention rate. Included in this report
3883	shall be reasons listed for leaving by each teacher who left the
3884	school for any reason.
3885	Section 58.  Subsection (2) of section 1012.27, Florida
3886	Statutes, is amended to read:
3887	1012.27  Public school personnel; powers and duties of
3888	district school superintendent.--The district school
3889	superintendent is responsible for directing the work of the
3890	personnel, subject to the requirements of this chapter, and in
3891	addition the district school superintendent shall perform the
3892	following:
3893	(2)  COMPENSATION AND SALARY SCHEDULES.--Prepare and
3894	recommend to the district school board for adoption a salary
3895	schedule or salary schedules. The district school superintendent
3896	must recommend a salary schedule for instructional personnel
3897	which bases a portion of each employee's compensation on
3898	performance demonstrated under s. 1012.34. In developing the
3899	recommended salary schedule, the district school superintendent
3900	shall include input from parents, teachers, and representatives
3901	of the business community. Beginning with the 2007-2008 2004-
3902	2005 academic year, the recommended salary schedule for
3903	classroom teachers shall be consistent with the district's
3904	differentiated-pay policy career ladder based upon s. 1012.22 s.
3905	1012.231.
3906	Section 59.  Subsection (6) of section 1012.28, Florida
3907	Statutes, is amended to read:
3908	1012.28  Public school personnel; duties of school
3909	principals.--
3910	(6)  A school principal who fails to comply with this
3911	section shall be ineligible for any portion of the performance
3912	pay policy incentive and differentiated pay under s. 1012.22 s.
3913	1012.22(1)(c).
3914	Section 60.  Paragraph (a) of subsection (3) of section
3915	1012.34, Florida Statutes, is amended to read:
3916	1012.34  Assessment procedures and criteria.--
3917	(3)  The assessment procedure for instructional personnel
3918	and school administrators must be primarily based on the
3919	performance of students assigned to their classrooms or schools,
3920	as appropriate. Pursuant to this section, a school district's
3921	performance assessment is not limited to basing unsatisfactory
3922	performance of instructional personnel and school administrators
3923	upon student performance, but may include other criteria
3924	approved to assess instructional personnel and school
3925	administrators' performance, or any combination of student
3926	performance and other approved criteria. The procedures must
3927	comply with, but are not limited to, the following requirements:
3928	(a)  An assessment must be conducted for each employee at
3929	least once a year. The assessment must be based upon sound
3930	educational principles and contemporary research in effective
3931	educational practices. The assessment must primarily use data
3932	and indicators of improvement in student performance assessed
3933	annually as specified in s. 1008.22 and may consider results of
3934	peer reviews in evaluating the employee's performance. Student
3935	performance must be measured by state assessments required under
3936	s. 1008.22 and by local assessments for subjects and grade
3937	levels not measured by the state assessment program. The
3938	assessment criteria must include, but are not limited to,
3939	indicators that relate to the following:
3940	1.  Performance of students.
3941	2.  Ability to maintain appropriate discipline.
3942	3.  Knowledge of subject matter. The district school board
3943	shall make special provisions for evaluating teachers who are
3944	assigned to teach out-of-field.
3945	4.  Ability to plan and deliver instruction, including
3946	implementation of the rigorous reading requirement pursuant to
3947	s. 1003.415, when applicable, and the use of technology in the
3948	classroom.
3949	5.  Ability to evaluate instructional needs.
3950	6.  Ability to establish and maintain a positive
3951	collaborative relationship with students' families to increase
3952	student achievement.
3953	7.  Other professional competencies, responsibilities, and
3954	requirements as established by rules of the State Board of
3955	Education and policies of the district school board.
3956	Section 61.  Subsection (4) of section 1012.56, Florida
3957	Statutes, is amended to read:
3958	1012.56  Educator certification requirements.--
3959	(4)  MASTERY OF SUBJECT AREA KNOWLEDGE.--Acceptable means
3960	of demonstrating mastery of subject area knowledge are:
3961	(a)  Achievement of passing scores on subject area
3962	examinations required by state board rule;
3963	(b)  Completion of the subject area specialization
3964	requirements specified in state board rule and verification of
3965	the attainment of the essential subject matter competencies by
3966	the district school superintendent of the employing school
3967	district or chief administrative officer of the employing state-
3968	supported or private school for a subject area for which a
3969	subject area examination has not been developed and required by
3970	state board rule;
3971	(c)  Completion of the subject area specialization
3972	requirements specified in state board rule for a subject
3973	coverage requiring a master's or higher degree and achievement
3974	of a passing score on the subject area examination specified in
3975	state board rule;
3976	(d)  A valid professional standard teaching certificate
3977	issued by another state; or
3978	(e)  A valid certificate issued by the National Board for
3979	Professional Teaching Standards or a national educator
3980	credentialing board approved by the State Board of Education.
3981
3982	School districts are encouraged to provide mechanisms for those
3983	middle school teachers holding only a K-6 teaching certificate
3984	to obtain a subject area coverage for middle grades through
3985	postsecondary coursework or district add-on certification.
3986	Section 62.  Section 1012.98, Florida Statutes, is amended
3987	to read:
3988	1012.98  School Community Professional Development Act.--
3989	(1)  The Department of Education, public postsecondary
3990	educational institutions, public school districts, public
3991	schools, state education foundations, consortia, and
3992	professional organizations and public schools in this state
3993	shall work collaboratively collaborate to establish a
3994	coordinated system of professional development. The purpose of
3995	the professional development system is to increase student
3996	achievement, enhance classroom instructional strategies that
3997	promote rigor and relevance throughout the curriculum, and
3998	prepare students for continuing education and the workforce. The
3999	system of professional development must align to the standards
4000	adopted by the state and support the framework for standards
4001	adopted by the National Staff Development Council enable the
4002	school community to meet state and local student achievement
4003	standards and the state education goals and to succeed in school
4004	improvement as described in s. 1000.03.
4005	(2)  The school community includes students and parents,
4006	administrative personnel, managers, instructional personnel,
4007	support personnel, members of district school boards, members of
4008	school advisory councils, business partners, and personnel that
4009	provide health and social services to students.
4010	(3)  The activities designed to implement this section
4011	must:
4012	(a)  Support and increase the success of educators through
4013	collaboratively developed school improvement plans that focus
4014	on:
4015	1.  Enhanced and differentiated instructional strategies to
4016	engage students in rigorous and relevant curriculum based on in
4017	guiding student learning and development so as to implement
4018	state and local educational standards, goals, and initiatives;.
4019	2.  Increased opportunities to provide meaningful
4020	relationships between teachers and all students; and
4021	3.  Increased opportunities for professional collaboration
4022	among and between teachers, guidance counselors, instructional
4023	leaders, postsecondary educators engaged in preservice training
4024	for new teachers, and the workforce community.
4025	(b)  Assist the school community in providing stimulating,
4026	scientific scientifically research-based educational activities
4027	that encourage and motivate students to achieve at the highest
4028	levels and to participate as become active learners and that
4029	prepare students for success at subsequent educational levels
4030	and the workforce.
4031	(c)  Provide continuous support for all education
4032	professionals as well as temporary intervention for education
4033	professionals who need improvement in knowledge, skills, and
4034	performance.
4035	(4)  The Department of Education, school districts,
4036	schools, community colleges, and state universities share the
4037	responsibilities described in this section. These
4038	responsibilities include the following:
4039	(a)  The department shall develop and disseminate to the
4040	school community research-based model professional development
4041	methods and programs that have demonstrated success in meeting
4042	identified student needs. The Commissioner of Education shall
4043	use data on student achievement to identify student needs. The
4044	methods of dissemination must include a web-based statewide
4045	performance support system, including a database of exemplary
4046	professional development activities, a listing of available
4047	professional development resources, training programs, and
4048	available assistance.
4049	(b)  Each school district shall develop a professional
4050	development system as specified in subsection (3). The system
4051	shall be developed in consultation with teachers, teacher-
4052	educators and representatives of community colleges college and
4053	state universities university faculty, business and community
4054	representatives agencies, and local education foundations,
4055	consortia, and professional organizations other interested
4056	citizen groups to establish policy and procedures to guide the
4057	operation of the district professional development program. The
4058	professional development system must:
4059	1.  Be approved by the department. All substantial
4060	revisions to the system shall be submitted to the department for
4061	review for continued approval.
4062	2.  Be based on analyses Require the use of student
4063	achievement data and instructional strategies and methods that
4064	support rigorous, relevant, and challenging curricula for all
4065	students. Schools and districts, in developing and refining the
4066	professional development system, shall also review and monitor;
4067	school discipline data; school environment surveys; assessments
4068	of parental satisfaction; performance appraisal data of
4069	teachers, managers, and administrative personnel; and other
4070	performance indicators to identify school and student needs that
4071	can be met by improved professional performance.
4072	3.  Provide inservice activities coupled with followup
4073	support that are appropriate to accomplish district-level and
4074	school-level improvement goals and standards. The inservice
4075	activities for instructional personnel shall primarily focus on
4076	analysis of student achievement data, ongoing formal and
4077	informal assessments of student achievement, identification and
4078	use of enhanced and differentiated instructional strategies that
4079	emphasize rigor, relevance, and reading in the content areas,
4080	enhancement of subject content expertise, integrated use of
4081	classroom technology that enhances teaching and learning and
4082	teaching methods, including technology, as related to the
4083	Sunshine State Standards, assessment and data analysis,
4084	classroom management, parent involvement, and school safety.
4085	4.  Include a master plan for inservice activities,
4086	pursuant to rules of the State Board of Education, for all
4087	district employees from all fund sources. The master plan shall
4088	be updated annually by September 1, must be based on input from
4089	teachers and district and school instructional leaders, and must
4090	use the latest available student achievement data and research
4091	to enhance rigor and relevance in the classroom. Each district
4092	inservice plan must be aligned to and support the school-based
4093	inservice plans and school improvement plans pursuant to s.
4094	1001.42(16). District plans using criteria for continued
4095	approval as specified by rules of the State Board of Education.
4096	Written verification that the inservice plan meets all
4097	requirements of this section must be approved by the district
4098	school board submitted annually in order to ensure compliance
4099	with subsection (1) and to allow for dissemination of research-
4100	based best practices to other districts to the commissioner by
4101	October 1. District school boards must submit verification of
4102	their approval to the Commissioner of Education no later than
4103	October 1, annually.
4104	5.  Require each school principal to establish and maintain
4105	an individual professional development plan for each
4106	instructional employee assigned to the school as a seamless
4107	component to the school improvement plans developed pursuant to
4108	1001.42(16). The individual professional development plan must:
4109	a.  Be related to specific performance data for the
4110	students to whom the teacher is assigned.
4111	b.  Define the inservice objectives and specific measurable
4112	improvements expected in student performance as a result of the
4113	inservice activity.
4114	c.  Include an evaluation component that determines the
4115	effectiveness of the professional development plan.
4116	6.  Include inservice activities for school administrative
4117	personnel that address updated skills necessary for effective
4118	school management and instructional leadership and effective
4119	school management pursuant to s. 1012.986.
4120	7.  Provide for systematic consultation with regional and
4121	state personnel designated to provide technical assistance and
4122	evaluation of local professional development programs.
4123	8.  Provide for delivery of professional development by
4124	distance learning and other technology-based delivery systems to
4125	reach more educators at lower costs.
4126	9.  Provide for the continuous evaluation of the quality
4127	and effectiveness of professional development programs in order
4128	to eliminate ineffective programs and strategies and to expand
4129	effective ones. Evaluations must consider the impact of such
4130	activities on the performance of participating educators and
4131	their students' achievement and behavior.
4132	(c)  Each community college and state university shall
4133	assist the department, school districts, and schools in the
4134	design, delivery, and evaluation of professional development
4135	activities. This assistance must include active participation in
4136	state and local activities required by the professional
4137	development system.
4138	(c)(d)  The Department of Education shall approve a public
4139	state university having an approved physical education teacher
4140	preparation program within its college of education to develop
4141	and implement an Internet-based clearinghouse for physical
4142	education professional development programs that may be accessed
4143	and used by all instructional personnel. The development of
4144	these programs shall be financed primarily by private funds and
4145	shall be available for use no later than August 1, 2005.
4146	(5)  Each district school board shall provide funding for
4147	the professional development system as required by s. 1011.62
4148	and the General Appropriations Act, and shall direct
4149	expenditures from other funding sources to continuously
4150	strengthen the system in order to increase student achievement
4151	and support instructional staff in enhancing rigor and relevance
4152	in the classroom and make it uniform and coherent. A school
4153	district may coordinate its professional development program
4154	with that of another district, with an educational consortium,
4155	or with a community college or university, especially in
4156	preparing and educating personnel. Each district school board
4157	shall make available inservice activities to instructional
4158	personnel of nonpublic schools in the district and the state
4159	certified teachers who are not employed by the district school
4160	board on a fee basis not to exceed the cost of the activity per
4161	all participants.
4162	(6)  An organization of private schools which has no fewer
4163	than 10 member schools in this state, which publishes and files
4164	with the Department of Education copies of its standards, and
4165	the member schools of which comply with the provisions of part
4166	II of chapter 1003, relating to compulsory school attendance,
4167	may also develop a professional development system that includes
4168	a master plan for inservice activities. The system and inservice
4169	plan must be submitted to the commissioner for approval pursuant
4170	to rules of the State Board of Education.
4171	(7)  The Department of Education shall disseminate, using
4172	web-based technology, research-based best-practice design
4173	methods by which the state and district school boards may
4174	evaluate and improve the professional development system. The
4175	best practices evaluation must include an annual assessment of
4176	data that indicate the progress or lack of progress of all
4177	students. If the review of the data indicates progress, the
4178	department shall identify the best practices that contributed to
4179	the progress. If the review of the data indicates a lack of
4180	progress, the department shall investigate the causes of the
4181	lack of progress, provide technical assistance, and require the
4182	school district to employ a different approach to professional
4183	development. The department shall report annually to the State
4184	Board of Education and the Legislature any school district that,
4185	in the determination of the department, has failed to provide an
4186	adequate professional development system. This report must
4187	include the results of the department's investigation and of any
4188	intervention provided.
4189	(8)  The State Board of Education may adopt rules pursuant
4190	to ss. 120.536(1) and 120.54 to administer this section.
4191	(9)  This section does not limit or discourage a district
4192	school board from contracting with independent entities for
4193	professional development services and inservice education if the
4194	district school board can demonstrate to the Commissioner of
4195	Education that, through such a contract, a better product can be
4196	acquired or its goals for education improvement can be better
4197	met.
4198	(10)  For teachers, managers, and administrative personnel
4199	who have been evaluated as less than satisfactory, a district
4200	school board shall require participation in specific
4201	professional development programs as part of the improvement
4202	prescription.
4203	(11)  The department shall disseminate to the school
4204	community proven model professional development programs that
4205	have demonstrated success in increasing rigorous and relevant
4206	content, increasing student achievement and engagement, and
4207	meeting identified student needs. The methods of dissemination
4208	must include a web-based statewide performance-support system
4209	including a database of exemplary professional development
4210	activities, a listing of available professional development
4211	resources, training programs, and available technical
4212	assistance.
4213	Section 63.  Section 1012.986, Florida Statutes, is created
4214	to read:
4215	1012.986  William Cecil Golden Professional Development
4216	Program for School Leaders.--
4217	(1)  There is established the William Cecil Golden
4218	Professional Development Program for school leaders to provide
4219	high standards and sustained support for principals as
4220	instructional leaders. The program shall consist of a
4221	collaborative network of state and national professional
4222	leadership organizations to respond to instructional leadership
4223	needs throughout the state. The network shall support the human-
4224	resource development needs of principals, principal leadership
4225	teams, and candidates for principal leadership positions using
4226	the framework of leadership standards adopted by the State Board
4227	of Education, the Southern Regional Education Board, and the
4228	National Staff Development Council. The goal of the network
4229	leadership program is to:
4230	(a)  Provide resources to support and enhance the
4231	principal's role as the instructional leader.
4232	(b)  Maintain a clearinghouse and disseminate data-
4233	supported information related to enhanced student achievement,
4234	based on educational research and best practices.
4235	(c)  Build the capacity to increase the quality of programs
4236	for preservice education for aspiring principals and inservice
4237	professional development for principals and principal leadership
4238	teams.
4239	(d)  Support best teaching and research-based instructional
4240	practices through dissemination and modeling at the preservice
4241	and inservice levels for both teachers and principals.
4242	(2)  The Department of Education shall coordinate through
4243	the network identified in subsection (1) to offer the program
4244	through multiple delivery systems, including:
4245	(a)  Approved school district training programs.
4246	(b)  Interactive technology-based instruction.
4247	(c)  Regional consortium service organizations pursuant to
4248	s. 1001.451.
4249	(d)  State, regional, or local leadership academies.
4250	(3)  The State Board of Education shall adopt rules
4251	pursuant to ss. 120.536(1) and 120.54 to administer this
4252	section.
4253	Section 64.  Section 1012.987, Florida Statutes, is
4254	repealed.
4255	Section 65.  This act shall take effect upon becoming a
4256	law.

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