HB 1131

1	A bill to be entitled
2	An act relating to public school education; amending s.
3	1002.20, F.S.; providing that public school choice options
4	include academy programs in the school district; deleting
5	reference to the Opportunity Scholarship Program; amending
6	s. 1002.31, F.S.; conforming provisions relating to public
7	school parental choice; requiring reimbursement to school
8	districts for reasonable costs for student transportation
9	to certain schools and choice programs; creating s.
10	1002.391, F.S.; requiring the Department of Education to
11	develop a plan for the establishment of academy programs
12	in the public schools; providing for student transfer in
13	certain circumstances; requiring reimbursement to school
14	districts for reasonable costs for student transportation;
15	amending s. 1008.33, F.S.; defining the term "school" to
16	include any academy program for purposes of State Board of
17	Education authority to enforce public school improvement;
18	revising provisions relating to state board intervention
19	in the operation of a district school system; requiring
20	state board rulemaking relating to school performance;
21	amending s. 1008.34, F.S.; changing the school grading
22	system to a school performance system; defining the term
23	"school" to include any academy program for purposes of
24	determining performance; specifying school performance
25	categories and the basis for designating such categories;
26	providing for determination of school district
27	performance; authorizing school districts to give certain
28	schools increased budget authority; amending s. 1008.341,
29	F.S.; revising provisions relating to the school
30	improvement rating for alternative schools, to conform;
31	amending s. 1008.36, F.S.; changing the Florida School
32	Recognition Program to the Every Child Matters Program;
33	providing intent and purpose of the program; providing for
34	financial assistance to schools providing remediation and
35	intervention services to certain students; specifying the
36	uses of program funds; providing department duties;
37	amending ss. 1001.42, 1002.33, 1002.415, 1003.62, 1008.31,
38	1008.345, 1011.62, 1011.64, and 1012.2315, F.S.;
39	conforming provisions; providing an effective date.
40
41	Be It Enacted by the Legislature of the State of Florida:
42
43	Section 1.  Paragraph (a) of subsection (6) of section
44	1002.20, Florida Statutes, is amended to read:
45	1002.20  K-12 student and parent rights.--Parents of public
46	school students must receive accurate and timely information
47	regarding their child's academic progress and must be informed
48	of ways they can help their child to succeed in school. K-12
49	students and their parents are afforded numerous statutory
50	rights including, but not limited to, the following:
51	(6)  EDUCATIONAL CHOICE.--
52	(a)  Public school choices.--Parents of public school
53	students may seek whatever public school choice options that are
54	applicable to their students and are available to students in
55	their school districts. These options may include controlled
56	open enrollment, lab schools, charter schools, charter technical
57	career centers, magnet schools, alternative schools, special
58	programs, academy programs, advanced placement, dual enrollment,
59	International Baccalaureate, International General Certificate
60	of Secondary Education (pre-AICE), Advanced International
61	Certificate of Education, early admissions, credit by
62	examination or demonstration of competency, the New World School
63	of the Arts, the Florida School for the Deaf and the Blind, and
64	the Florida Virtual School. These options may also include the
65	public school choice option options of the Opportunity
66	Scholarship Program and the McKay Scholarships for Students with
67	Disabilities Program.
68	Section 2.  Subsections (2) and (3) and paragraph (c) of
69	subsection (5) of section 1002.31, Florida Statutes, are amended
70	to read:
71	1002.31  Public school parental choice.--
72	(2)  Each district school board may offer controlled open
73	enrollment within the public schools. The controlled open
74	enrollment program shall be offered in addition to the existing
75	choice programs such as magnet schools, alternative schools,
76	special programs, academy programs, advanced placement, and dual
77	enrollment.
78	(3)  Each district school board shall develop a controlled
79	open enrollment plan which describes the implementation of
80	subsection (2). Each school district shall be reimbursed for
81	reasonable costs of providing transportation for students who
82	attend a public school or choice program other than the school
83	to which the student is assigned through the allocation of Every
84	Child Matters Program funds by the Department of Education
85	pursuant to s. 1008.36.
86	(5)  Each school district shall develop a system of
87	priorities for its plan that includes consideration of the
88	following:
89	(c)  A process that allows encourages placement of siblings
90	within the same school.
91	Section 3.  Section 1002.391, Florida Statutes, is created
92	to read:
93	1002.391  Academy programs in the public schools.--
94	(1)  The Department of Education shall develop by January
95	1, 2008, a plan for school districts to establish academy
96	programs in every public school where feasible. Based on the
97	school-within-a-school concept, academy programs shall be
98	multiple programs within one school facility that allow students
99	to concentrate on unique and specialized areas of study of their
100	choosing. The department's plan shall be based on the following:
101	(a)  Each student in an academy program must take a base of
102	core-curricula courses in addition to specialized courses unique
103	to each academy program.
104	(b)  The plan must include a waiver provision for school
105	districts to continue offering traditional academic programs if
106	it is not feasible to offer academy programs within individual
107	schools.
108	(2)(a)  A parent whose child is enrolled in an academy
109	program shall be able to transfer his or her child to a
110	different academy program in the school, to an academy program
111	in another public school in the school district, or to a
112	traditional academic program in another public school in the
113	school district if the expectations of the parent or the student
114	are not met within the school in which the student is enrolled.
115	Except as provided in paragraph (b), once a student begins the
116	academic year in an academy program or school, he or she is
117	required to attend that academy program or school for the
118	remainder of the academic year.
119	(b)  A parent may apply to transfer his or her child to
120	another academy program or school before the end of the academic
121	year if special circumstances warrant such action, according to
122	a process developed by the department.
123	(3)  The department shall allocate Every Child Matters
124	Program funds, pursuant to s. 1008.36, to reimburse school
125	districts for reasonable costs of providing transportation for
126	students who attend a public school, or an academy program in a
127	public school, other than the school to which the student is
128	assigned, pursuant to this section.
129	Section 4.  Section 1008.33, Florida Statutes, is amended
130	to read:
131	1008.33  Authority to enforce public school
132	improvement.--It is the intent of the Legislature that all
133	public schools be held accountable for students performing at
134	acceptable levels. A system of school improvement and
135	accountability that assesses student performance by school,
136	identifies schools in which students are not making adequate
137	progress toward state standards, institutes appropriate measures
138	for enforcing improvement, and provides rewards and sanctions
139	based on performance shall be the responsibility of the State
140	Board of Education. For purposes of this section, the term
141	"school" means the school itself or any academy program in a
142	school as described in s. 1002.391.
143	(1)(a)  Pursuant to Art. IX of the State Constitution
144	prescribing the duty of the State Board of Education to
145	supervise Florida's public school system and notwithstanding any
146	other statutory provisions to the contrary, the State Board of
147	Education shall intervene in the operation of a district school
148	system when one or more schools in the school district have
149	failed to make adequate progress for 2 school years in a 3-year
150	4-year period. For purposes of determining when a school is
151	eligible for state board action and opportunity scholarships for
152	its students, the term terms "2 years in any 4-year period" and
153	"2 school years in a 3-year 4-year period" means mean that in
154	any year that a school has a performance category "Declining,"
155	grade of "F," the school is eligible for state board action and
156	opportunity scholarships for its students if it also has had a
157	performance category "Declining" grade of "F" in any of the
158	previous 2 3 school years. The State Board of Education may
159	determine that the school district or school has not taken steps
160	sufficient for students in the school to be academically well
161	served. Considering recommendations of the Commissioner of
162	Education, the State Board of Education shall recommend action
163	to a district school board intended to improve educational
164	services to students in each school that is designated with a
165	performance category "Declining." grade of "F." Recommendations
166	for actions to be taken in the school district shall be made
167	only after thorough consideration of the unique characteristics
168	of a school, which shall include student mobility rates, the
169	number and type of exceptional students enrolled in the school,
170	and the availability of options for improved educational
171	services. The state board shall adopt by rule steps to follow in
172	this process. Such steps shall provide school districts
173	sufficient time to improve student performance in schools and
174	the opportunity to present evidence of assistance and
175	interventions that the district school board has implemented.
176	(b)  A school shall not receive a performance category
177	"Declining" if it has an overall increase in student
178	achievement. This safe-harbor threshold for such a school shall
179	be based on annualized, multiyear improvements documented for
180	the top 25 percent of Florida schools for that grade level.
181	(c)  A school shall not receive a performance category
182	"Declining" if it falls below its previous year's grade or
183	performance category but maintains adequate performance
184	standards compared to other public schools in the state.
185	(d)  The State Board of Education shall determine by rule
186	the criteria for designating "Improving," "Maintaining," and
187	"Declining" performance categories for the purposes of the state
188	performance accountability system pursuant to s. 1008.34.
189	(2)  The State Board of Education may recommend one or more
190	of the following actions to district school boards to enable
191	students in schools designated as performance category
192	"Declining" with a grade of "F" to be academically well served
193	by the public school system:
194	(a)  Provide additional resources, change certain
195	practices, and provide additional assistance if the state board
196	determines the causes of inadequate progress to be related to
197	school district policy or practice;
198	(b)  Implement a plan that satisfactorily resolves the
199	education equity problems in the school related to factors that
200	hamper increased student performance;
201	(c)  Contract for the educational services of the school,
202	or reorganize the school at the end of the school year under a
203	new school principal who is authorized to hire new staff and
204	implement a plan that addresses the causes of inadequate
205	progress. A contract to administer an alternative school may not
206	be entered into with a private entity which contract changes the
207	character of the alternative school population as it existed
208	when the alternative school was administered by the public
209	school system. The term "character of the alternative school
210	population" means the percentage of students having learning
211	disabilities, physical disabilities, emotional disabilities, or
212	developmental disabilities, as well as the percentage of
213	students having discipline problems;
214	(d)  Allow parents of students in the school to send their
215	children to another district school of their choice; or
216	(e)  Other action appropriate to improve the school's
217	performance, including, if the school is a high school,
218	requiring annual publication of the school's graduation rate
219	calculated without GED tests for the past 3 years, disaggregated
220	by student ethnicity.
221	(3)  In recommending actions to district school boards, the
222	State Board of Education shall specify the length of time
223	available to implement the recommended action. The State Board
224	of Education may adopt rules to further specify how it may
225	respond in specific circumstances. No action taken by the State
226	Board of Education shall relieve a school from state
227	accountability requirements.
228	(4)  The State Board of Education may require the
229	Department of Education or Chief Financial Officer to withhold
230	any transfer of state funds to the school district if, within
231	the timeframe specified in state board action, the school
232	district has failed to comply with the action ordered to improve
233	the district's low-performing schools. Withholding the transfer
234	of funds shall occur only after all other recommended actions
235	for school improvement have failed to improve performance. The
236	State Board of Education may impose the same penalty on any
237	district school board that fails to develop and implement a plan
238	for assistance and intervention for low-performing schools as
239	specified in s. 1001.42(16)(d).
240	Section 5.  Section 1008.34, Florida Statutes, is amended
241	to read:
242	1008.34  School performance grading system; school report
243	cards; district performance grade.--For purposes of this
244	section, the term "school" means the school itself or any
245	academy program in a school as described in s. 1002.391. Each
246	school and each academy program shall receive a separate
247	performance category designation pursuant to this section.
248	(1)  ANNUAL REPORTS.--The Commissioner of Education shall
249	prepare annual reports of the results of the statewide
250	assessment program which describe student achievement in the
251	state, each district, and each school. The commissioner shall
252	prescribe the design and content of these reports, which must
253	include, without limitation, descriptions of the performance of
254	all schools participating in the assessment program and all of
255	their major student populations as determined by the
256	Commissioner of Education, and must also include the median
257	scores of all eligible students who scored at or in the lowest
258	25th percentile of the state in the previous school year;
259	provided, however, that the provisions of s. 1002.22 pertaining
260	to student records apply to this section.
261	(2)  SCHOOL PERFORMANCE CATEGORIES GRADES.--The annual
262	report shall identify schools as having one of the following
263	performance categories grades, defined according to rules of the
264	State Board of Education:
265	(a)  "Improving," "A," schools making excellent or above
266	average progress.
267	(b)  "Maintaining," "B," schools making satisfactory or
268	average above average progress.
269	(c)  "Declining," "C," schools making unsatisfactory or
270	below average satisfactory progress.
271	(d)  "D," schools making less than satisfactory progress.
272	(e)  "F," schools failing to make adequate progress.
273
274	Beginning in the 2007-2008 school year, a school that has been
275	designated with a school grade of "F" in a prior school year
276	shall not be designated as performance category "Declining"
277	using the current year's data if that school has met the safe-
278	harbor threshold established in s. 1008.33(1)(b). Each school
279	designated with a grade of "A," making excellent progress, or
280	having improved at least two grade levels, shall have greater
281	authority over the allocation of the school's total budget
282	generated from the FEFP, state categoricals, lottery funds,
283	grants, and local funds, as specified in state board rule. The
284	rule must provide that the increased budget authority shall
285	remain in effect until the school's grade declines.
286	(3)  DESIGNATION OF SCHOOL PERFORMANCE CATEGORIES
287	GRADES.--For purposes of determining school performance, student
288	performance shall be based on all students' annual learning
289	gains and increased student performance compared to the previous
290	year. Each school that has students who are tested and included
291	in the school performance grading system, except an alternative
292	school that receives a school improvement rating pursuant to s.
293	1008.341, shall receive a school performance category
294	designation grade; however, an alternative school may choose to
295	receive a school performance category designation grade under
296	this section in lieu of a school improvement rating.
297	Additionally, a school that serves any combination of students
298	in kindergarten through grade 3 which does not receive a school
299	performance category designation grade because its students are
300	not tested and included in the school performance grading system
301	shall receive the school performance category grade designation
302	of a K-3 feeder pattern school identified by the Department of
303	Education and verified by the school district. A school feeder
304	pattern exists if at least 60 percent of the students in the
305	school serving a combination of students in kindergarten through
306	grade 3 are scheduled to be assigned to the graded school
307	participating in the school performance system. School
308	performance categories grades itemized in subsection (2) shall
309	be based on the following:
310	(a)  Criteria.--A school's performance grade shall be based
311	on a combination of:
312	1.  Student achievement scores, including achievement
313	scores for students seeking a special diploma.
314	2.  Student learning gains as measured annually by annual
315	FCAT assessments in grades 3 through 10; learning gains for
316	students seeking a special diploma, as measured by an alternate
317	assessment tool, shall be included not later than the 2009-2010
318	school year.
319	3.  Improvement of the lowest 25th percentile of students
320	in the school in reading, math, or writing on the FCAT and on
321	non-FCAT measures, unless these students are exhibiting
322	satisfactory performance.
323	4.  Beginning in the 2007-2008 school year, the following
324	weighted factors according to rules adopted by the State Board
325	of Education:
326	a.  Fifty percent based on student FCAT scores.
327	b.  Fifty percent based on non-FCAT measures as determined
328	by the Department of Education.
329	(b)  Student assessment data.--Student assessment data used
330	in determining school performance grades shall include:
331	1.  The aggregate scores of all eligible students enrolled
332	in the school who have been assessed on the FCAT and on non-FCAT
333	measures.
334	2.  The aggregate scores of all eligible students enrolled
335	in the school who have been assessed on the FCAT, including
336	Florida Writes, and on non-FCAT measures, and who have scored at
337	or in the lowest 25th percentile of students in the school in
338	reading, math, or writing, unless these students are exhibiting
339	satisfactory performance.
340	3.  Effective with the 2005-2006 school year, the
341	achievement scores and learning gains of eligible students
342	attending alternative schools that provide dropout prevention
343	and academic intervention services pursuant to s. 1003.53. The
344	term "eligible students" in this subparagraph does not include
345	students attending an alternative school who are subject to
346	district school board policies for expulsion for repeated or
347	serious offenses, who are in dropout retrieval programs serving
348	students who have officially been designated as dropouts, or who
349	are in programs operated or contracted by the Department of
350	Juvenile Justice. The student performance data for eligible
351	students identified in this subparagraph shall be included in
352	the calculation of the home school's performance grade. For
353	purposes of this section and s. 1008.341, "home school" means
354	the school the student was attending when assigned to an
355	alternative school. If an alternative school chooses to be
356	designated graded pursuant to this section, student performance
357	data for eligible students identified in this subparagraph shall
358	not be included in the home school's performance grade but shall
359	be included only in the calculation of the alternative school's
360	performance grade. School districts must require collaboration
361	between the home school and the alternative school in order to
362	promote student success.
363
364	The State Board of Education shall adopt appropriate criteria
365	for each school performance category grade. The criteria must
366	also give added weight to student achievement in reading.
367	Schools designated with a performance category "Maintaining"
368	grade of "C," making satisfactory progress, shall be required to
369	demonstrate that adequate progress has been made by students in
370	the school who are in the lowest 25th percentile in reading,
371	math, or writing on the FCAT, including Florida Writes, and on
372	non-FCAT measures, unless these students are exhibiting
373	satisfactory performance.
374	(4)  SCHOOL IMPROVEMENT RATINGS.--The annual report shall
375	identify each school's performance as having improved, remained
376	the same, or declined. This school improvement rating shall be
377	based on a comparison of the current year's and previous year's
378	student and school performance data. Schools that improve at
379	least one grade level are eligible for school recognition awards
380	pursuant to s. 1008.36.
381	(5)  SCHOOL REPORT CARD.--The Department of Education shall
382	annually develop, in collaboration with the school districts, a
383	school report card to be delivered to parents throughout each
384	school district. The report card shall include the school's
385	performance category grade, information regarding school
386	improvement, an explanation of school performance as evaluated
387	by the federal No Child Left Behind Act of 2001, and indicators
388	of return on investment. Each school's report card shall be
389	published annually by the department on its website, and the
390	school district shall provide the school report card to each
391	parent.
392	(6)  PERFORMANCE-BASED FUNDING.--The Legislature may factor
393	in the performance of schools in calculating any
394	performance-based funding policy that is provided for annually
395	in the General Appropriations Act.
396	(7)  DISTRICT PERFORMANCE GRADE.--
397	(a)  The annual report required by subsection (1) shall
398	include district performance grades, which shall consist of
399	weighted district average performance grades, by level, for all
400	elementary schools, middle schools, and high schools in the
401	district. A district's weighted average performance grade shall
402	be calculated by weighting individual school performance grades
403	determined pursuant to subsection (2) by school enrollment.
404	(b)  School districts shall have a variety of tools at
405	their disposal to maintain high performance standards. These
406	tools shall include, but not be limited to, giving to schools
407	that receive a performance category "Improving" greater
408	authority over the allocation of the school's total budget
409	generated from the FEFP, state categoricals, lottery funds,
410	grants, and local funds, as specified in State Board of
411	Education rule. The rule must provide that the increased budget
412	authority shall remain in effect unless the school's performance
413	category declines.
414	Section 6.  Subsections (2) and (3) of section 1008.341,
415	Florida Statutes, are amended to read:
416	1008.341  School improvement rating for alternative
417	schools.--
418	(2)  SCHOOL IMPROVEMENT RATING.--Alternative schools that
419	provide dropout prevention and academic intervention services
420	pursuant to s. 1003.53 shall receive a school improvement rating
421	pursuant to this section. The school improvement rating shall
422	identify schools as having one of the following ratings defined
423	according to rules of the State Board of Education:
424	(a)  "Improving" means schools with students making more
425	academic progress than when the students were served in their
426	home schools.
427	(b)  "Maintaining" means schools with students making
428	progress equivalent to the progress made when the students were
429	served in their home schools.
430	(c)  "Declining" means schools with students making less
431	academic progress than when the students were served in their
432	home schools.
433
434	The school improvement rating shall be based on a comparison of
435	student performance data for the current year and previous year.
436	Schools that improve at least one level or maintain an
437	"improving" rating pursuant to this section are eligible for
438	school recognition awards pursuant to s. 1008.36.
439	(3)  DESIGNATION OF SCHOOL IMPROVEMENT RATING.--Student
440	data used in determining an alternative school's school
441	improvement rating shall include:
442	(a)  The aggregate scores of all eligible students who were
443	assigned to and enrolled in the school during the October or
444	February FTE count, who have been assessed on the FCAT and on
445	non-FCAT measures, and who have FCAT or comparable scores for
446	the preceding school year.
447	(b)  The aggregate scores of all eligible students who were
448	assigned to and enrolled in the school during the October or
449	February FTE count, who have been assessed on the FCAT,
450	including Florida Writes, and on non-FCAT measures, and who have
451	scored in the lowest 25th percentile of students in the state on
452	the FCAT and on non-FCAT measures Reading.
453
454	The assessment scores of students who are subject to district
455	school board policies for expulsion for repeated or serious
456	offenses, who are in dropout retrieval programs serving students
457	who have officially been designated as dropouts, or who are in
458	programs operated or contracted by the Department of Juvenile
459	Justice may not be included in an alternative school's school
460	improvement rating.
461	Section 7.  Section 1008.36, Florida Statutes, is amended
462	to read:
463	1008.36  Every Child Matters Florida School Recognition
464	Program.--
465	(1)  The Legislature finds that in order to provide every
466	student enrolled in K-12 public schools with the opportunity to
467	achieve a successful public education, academic problems must be
468	identified early, with remediation and intervention services to
469	follow. It is the intent of this section that no child shall be
470	left behind there is a need for a performance incentive program
471	for outstanding faculty and staff in highly productive schools.
472	The Legislature further finds that performance-based incentives
473	are commonplace in the private sector and should be infused into
474	the public sector as a reward for productivity.
475	(2)  The Every Child Matters Florida School Recognition
476	Program is created to provide financial awards to public schools
477	that:
478	(a)  A curriculum-based, year-round measurement of learning
479	gains for all public school students enrolled in kindergarten
480	through grade 12. Sustain high performance by receiving a school
481	grade of "A," making excellent progress; or
482	(b)  Remediation and intervention services to all public
483	school students enrolled in kindergarten through grade 12 who
484	are not meeting grade-appropriate performance expectations,
485	including FCAT scores and non-FCAT measures. Demonstrate
486	exemplary improvement due to innovation and effort by improving
487	a letter grade.
488	(3)  All public schools, including charter schools and
489	academy programs in public schools, that receive a school grade
490	pursuant to s. 1008.34 are eligible to participate in the
491	program.
492	(4)  All selected schools shall receive financial
493	assistance awards depending on the availability of funds
494	appropriated and the number and size of schools selected to
495	receive an award. Funds must be distributed to the school's
496	fiscal agent and placed in the school's account and must be used
497	for purposes listed in subsection (5) as determined jointly by
498	the school's staff and school advisory council. If school staff
499	and the school advisory council cannot reach agreement by
500	November 1, the awards must be equally distributed to all
501	classroom teachers currently teaching in the school.
502	(5)  Every Child Matters Program funds School recognition
503	awards must be used for the following:
504	(a)  Administration of a regular formative assessment
505	approved by the State Board of Education. Nonrecurring bonuses
506	to the faculty and staff;
507	(b)  Nonrecurring expenditures for remediation of low-
508	performing students, including remediation programs and
509	intervention services adopted and administered by the Department
510	of Education.
511	(c)(b)  Nonrecurring expenditures for educational equipment
512	or materials to assist in the remediation of low-performing
513	students. maintaining and improving student performance; or
514	(d)(c)  Temporary personnel for the school to assist in the
515	remediation of low-performing students maintaining and improving
516	student performance.
517	(e)  Contracts with private sector participants to provide
518	remediation services provided that 90 percent of the personnel
519	providing services reside in the state and that the contracts
520	include requirements to ensure that the private sector
521	participants are accountable for performance.
522	(f)  Transportation of students pursuant to ss. 1002.31 and
523	1002.391.
524	(6)  The Department of Education shall provide training and
525	informational resources for educators to administer the
526	formative assessment pursuant to paragraph (5)(a) and shall be
527	responsible for developing and implementing provisions for the
528	collection and analysis of the assessment data.
529	(7)  The Department of Education shall establish policies
530	and procedures for the development of individual education plans
531	for low-performing students who receive remediation and
532	intervention services pursuant to this section.
533
534	Notwithstanding statutory provisions to the contrary, incentive
535	awards are not subject to collective bargaining.
536	Section 8.  Paragraphs (a), (c), and (d) of subsection (16)
537	and paragraph (d) of subsection (17) of section 1001.42, Florida
538	Statutes, are amended to read:
539	1001.42  Powers and duties of district school board.--The
540	district school board, acting as a board, shall exercise all
541	powers and perform all duties listed below:
542	(16)  IMPLEMENT SCHOOL IMPROVEMENT AND
543	ACCOUNTABILITY.--Maintain a system of school improvement and
544	education accountability as provided by statute and State Board
545	of Education rule. This system of school improvement and
546	education accountability shall be consistent with, and
547	implemented through, the district's continuing system of
548	planning and budgeting required by this section and ss.
549	1008.385, 1010.01, and 1011.01. This system of school
550	improvement and education accountability shall include, but is
551	not limited to, the following:
552	(a)  School improvement plans.--Annually approve and
553	require implementation of a new, amended, or continuation school
554	improvement plan for each school in the district. A district
555	school board may establish a district school improvement plan
556	that includes all schools in the district operating for the
557	purpose of providing educational services to youth in Department
558	of Juvenile Justice programs. The school improvement plan shall
559	be designed to achieve the state education priorities pursuant
560	to s. 1000.03(5) and student proficiency on the Sunshine State
561	Standards pursuant to s. 1003.41. Each plan shall address
562	student achievement goals and strategies based on state and
563	school district proficiency standards. The plan may also address
564	issues relative to other academic-related matters, as determined
565	by district school board policy, and shall include an accurate,
566	data-based analysis of student achievement and other school
567	performance data. Beginning with plans approved for
568	implementation in the 2007-2008 school year, each secondary
569	school plan must include a redesign component based on the
570	principles established in s. 1003.413. For each school in the
571	district that earns a performance category "Declining," school
572	grade of "C" or below, or is required to have a school
573	improvement plan under federal law, the school improvement plan
574	shall, at a minimum, also include:
575	1.  Professional development that supports enhanced and
576	differentiated instructional strategies to improve teaching and
577	learning.
578	2.  Continuous use of disaggregated student achievement
579	data to determine effectiveness of instructional strategies.
580	3.  Ongoing informal and formal assessments to monitor
581	individual student progress, including progress toward mastery
582	of the Sunshine State Standards, and to redesign instruction if
583	needed.
584	4.  Alternative instructional delivery methods to support
585	remediation, acceleration, and enrichment strategies.
586	(c)  Assistance and intervention.--
587	1.  Develop a 2-year plan of increasing individualized
588	assistance and intervention for each school in danger of not
589	meeting state standards or making adequate progress, as defined
590	pursuant to statute and State Board of Education rule, toward
591	meeting the goals and standards of its approved school
592	improvement plan.
593	2.  Provide assistance and intervention to a school that is
594	designated with a performance category "Declining" grade of "D"
595	pursuant to s. 1008.34 and is in danger of failing.
596	3.  Develop a plan to encourage teachers with demonstrated
597	mastery in improving student performance to remain at or
598	transfer to a school with a performance category "Declining"
599	grade of "D" or "F" or to an alternative school that serves
600	disruptive or violent youths. If a classroom teacher, as defined
601	by s. 1012.01(2)(a), who meets the definition of teaching
602	mastery developed according to the provisions of this paragraph,
603	requests assignment to a school designated with a performance
604	category "Declining" grade of "D" or "F" or to an alternative
605	school that serves disruptive or violent youths, the district
606	school board shall make every practical effort to grant the
607	request.
608	4.  Prioritize, to the extent possible, the expenditures of
609	funds received from the supplemental academic instruction
610	categorical fund under s. 1011.62(1)(f) to improve student
611	performance in schools that receive a performance category
612	"Declining." grade of "D" or "F."
613	(d)  After 2 years.--Notify the Commissioner of Education
614	and the State Board of Education in the event any school does
615	not make adequate progress toward meeting the goals and
616	standards of a school improvement plan by the end of 2 years of
617	failing to make adequate progress and proceed according to
618	guidelines developed pursuant to statute and State Board of
619	Education rule. School districts shall provide intervention and
620	assistance to schools in danger of being designated with a
621	performance category "Declining." grade of "F," failing to make
622	adequate progress.
623	(17)  LOCAL-LEVEL DECISIONMAKING.--
624	(d)  Adopt policies that assist in giving greater autonomy,
625	including authority over the allocation of the school's budget,
626	to schools designated with a performance category "Improving."
627	grade of "A," making excellent progress, and schools rated as
628	having improved at least two grades.
629	Section 9.  Paragraph (b) of subsection (7) and paragraphs
630	(o) and (p) of subsection (9) of section 1002.33, Florida
631	Statutes, are amended to read:
632	1002.33  Charter schools.--
633	(7)  CHARTER.--The major issues involving the operation of
634	a charter school shall be considered in advance and written into
635	the charter. The charter shall be signed by the governing body
636	of the charter school and the sponsor, following a public
637	hearing to ensure community input.
638	(b)1.  A charter may be renewed provided that a program
639	review demonstrates that the criteria in paragraph (a) have been
640	successfully accomplished and that none of the grounds for
641	nonrenewal established by paragraph (8)(a) has been documented.
642	In order to facilitate long-term financing for charter school
643	construction, charter schools operating for a minimum of 2 years
644	and demonstrating exemplary academic programming and fiscal
645	management are eligible for a 15-year charter renewal. Such
646	long-term charter is subject to annual review and may be
647	terminated during the term of the charter.
648	2.  The 15-year charter renewal that may be granted
649	pursuant to subparagraph 1. shall be granted to a charter school
650	that has received a performance category "Improving" or
651	"Maintaining" school grade of "A" or "B" pursuant to s. 1008.34
652	in 3 of the past 4 years and is not in a state of financial
653	emergency or deficit position as defined by this section. Such
654	long-term charter is subject to annual review and may be
655	terminated during the term of the charter pursuant to subsection
656	(8).
657	(9)  CHARTER SCHOOL REQUIREMENTS.--
658	(o)  The director and a representative of the governing
659	body of a charter school that has received a performance
660	category "Declining" school grade of "D" under s. 1008.34(2)
661	shall appear before the sponsor or the sponsor's staff at least
662	once a year to present information concerning each contract
663	component having noted deficiencies. The sponsor shall
664	communicate at the meeting, and in writing to the director, the
665	services provided to the school to help the school address its
666	deficiencies.
667	(p)  Upon notification that a charter school receives a
668	performance category "Declining" school grade of "D" for 2
669	consecutive years or a school grade of "F" under s. 1008.34(2),
670	the charter school sponsor or the sponsor's staff shall require
671	the director and a representative of the governing body to
672	submit to the sponsor for approval a school improvement plan to
673	raise student achievement and to implement the plan. The sponsor
674	has the authority to approve a school improvement plan that the
675	charter school will implement in the following school year. The
676	sponsor may also consider the State Board of Education's
677	recommended action pursuant to s. 1008.33(1) as part of the
678	school improvement plan. The Department of Education shall offer
679	technical assistance and training to the charter school and its
680	governing body and establish guidelines for developing,
681	submitting, and approving such plans.
682	1.  If the charter school fails to improve its student
683	performance from the year immediately prior to the
684	implementation of the school improvement plan, the sponsor shall
685	place the charter school on probation and shall require the
686	charter school governing body to take one of the following
687	corrective actions:
688	a.  Contract for the educational services of the charter
689	school;
690	b.  Reorganize the school at the end of the school year
691	under a new director or principal who is authorized to hire new
692	staff and implement a plan that addresses the causes of
693	inadequate progress; or
694	c.  Reconstitute the charter school.
695	2.  A charter school that is placed on probation shall
696	continue the corrective actions required under subparagraph 1.
697	until the charter school improves its student performance from
698	the year prior to the implementation of the school improvement
699	plan.
700	3.  Notwithstanding any provision of this paragraph, the
701	sponsor may terminate the charter at any time pursuant to the
702	provisions of subsection (8).
703	Section 10.  Subsection (7) and paragraph (a) of subsection
704	(8) of section 1002.415, Florida Statutes, are amended to read:
705	1002.415  K-8 Virtual School Program.--Subject to annual
706	legislative appropriation, a kindergarten through grade 8
707	virtual school program is established within the Department of
708	Education for the purpose of making academic instruction
709	available to full-time students in kindergarten through grade 8
710	using on-line and distance learning technology. The department
711	shall use an application process to select schools to deliver
712	program instruction.
713	(7)  ASSESSMENT AND ACCOUNTABILITY.--
714	(a)  Each K-8 virtual school must participate in the
715	statewide assessment program created under s. 1008.22 and shall
716	be subject to the school performance grading system created by
717	s. 1008.34.
718	(b)  A K-8 virtual school that has a performance grade
719	category "Declining" of "D" or "F" must file a school
720	improvement plan with the department for consultation to
721	determine the causes for low performance and to develop a plan
722	for correction and improvement.
723	(c)  The department shall terminate the contract of any K-8
724	virtual school that receives a performance grade category
725	"Declining" of "D" or "F" for 2 years in a 3-year during any
726	consecutive 4-year period.
727	(8)  CAUSES FOR NONRENEWAL OR TERMINATION OF A CONTRACT.--
728	(a)  At the end of a contract with a K-8 virtual school,
729	the department may choose not to renew the contract for any of
730	the following grounds:
731	1.  Failure to participate in the state's education
732	accountability system created in s. 1008.31, as required in this
733	section;
734	2.  Failure to receive a school performance category
735	"Maintaining" grade of "C" or better under the school
736	performance grading system created by s. 1008.34 for any 2 years
737	in a 3-year consecutive 4-year period;
738	3.  Failure to meet generally accepted standards of fiscal
739	management;
740	4.  Violation of law;
741	5.  Failure of the Legislature to fund the program; or
742	6.  Other good cause shown.
743	Section 11.  Paragraph (a) of subsection (1) of section
744	1003.62, Florida Statutes, is amended to read:
745	1003.62  Academic performance-based charter school
746	districts.--The State Board of Education may enter into a
747	performance contract with district school boards as authorized
748	in this section for the purpose of establishing them as academic
749	performance-based charter school districts. The purpose of this
750	section is to examine a new relationship between the State Board
751	of Education and district school boards that will produce
752	significant improvements in student achievement, while complying
753	with constitutional and statutory requirements assigned to each
754	entity.
755	(1)  ACADEMIC PERFORMANCE-BASED CHARTER SCHOOL DISTRICT.--
756	(a)  A school district shall be eligible for designation as
757	an academic performance-based charter school district if it is a
758	high-performing school district in which a minimum of 50 percent
759	of the schools earn a performance category "Improving" grade of
760	"A" or "B" and in which no school earns a performance category
761	"Declining" grade of "D" or "F" for 2 consecutive years pursuant
762	to s. 1008.34. Schools that receive a grade of "I" or "N" shall
763	not be included in this calculation. The performance contract
764	for a school district that earns a charter based on school
765	performance grades shall be predicated on maintenance of at
766	least 50 percent of the schools in the school district earning a
767	performance category "Improving" grade of "A" or "B" with no
768	school in the school district earning a performance category
769	"Declining" grade of "D" or "F" for 2 consecutive years. A
770	school district in which the number of schools that earn a
771	performance category "Improving" grade of "A" or "B" is less
772	than 50 percent may have its charter renewed for 1 year;
773	however, if the percentage of performance category "Improving"
774	"A" or "B" schools is less than 50 percent for 2 consecutive
775	years, the charter shall not be renewed.
776	Section 12.  Paragraph (b) of subsection (1) of section
777	1008.31, Florida Statutes, is amended to read:
778	1008.31  Florida's K-20 education performance
779	accountability system; legislative intent; mission, goals, and
780	systemwide measures; data quality improvements.--
781	(1)  LEGISLATIVE INTENT.--It is the intent of the
782	Legislature that:
783	(b)  The K-20 education performance accountability system
784	be established as a single, unified accountability system with
785	multiple components, including, but not limited to, measures of
786	adequate yearly progress, individual student learning gains in
787	public schools, school performance categories grades, and return
788	on investment.
789	Section 13.  Paragraphs (b) and (d) of subsection (6) and
790	subsection (7) of section 1008.345, Florida Statutes, are
791	amended to read:
792	1008.345  Implementation of state system of school
793	improvement and education accountability.--
794	(6)
795	(b)  Upon request, the department shall provide technical
796	assistance and training to any school, including any school
797	operating for the purpose of providing educational services to
798	youth in Department of Juvenile Justice programs, school
799	advisory council, district, or district school board for
800	conducting needs assessments, developing and implementing school
801	improvement plans, developing and implementing assistance and
802	intervention plans, or implementing other components of school
803	improvement and accountability. Priority for these services
804	shall be given to schools designated with a performance category
805	"Declining" grade of "D" or "F" and school districts in rural
806	and sparsely populated areas of the state.
807	(d)  The commissioner shall assign a community assessment
808	team to each school district or governing board with a school
809	receiving a performance category "Declining" graded "F" to
810	review the school performance data and determine causes for the
811	low performance, including the role of school, area, and
812	district administrative personnel. The community assessment team
813	shall review a high school's graduation rate calculated without
814	GED tests for the past 3 years, disaggregated by student
815	ethnicity. The team shall make recommendations to the school
816	board or the governing board, to the department, and to the
817	State Board of Education for implementing an assistance and
818	intervention plan that will address the causes of the school's
819	low performance. The assessment team shall include, but not be
820	limited to, a department representative, parents, business
821	representatives, educators, representatives of local
822	governments, and community activists, and shall represent the
823	demographics of the community from which they are appointed.
824	(7)(a)  Schools designated with a performance category
825	"Improving" a grade of "A," making excellent progress, shall, if
826	requested by the school, be given deregulated status as
827	specified in s. 1003.63(5), (7), (8), (9), and (10).
828	(b)  Schools that have improved at least two grades and
829	that meet the criteria of the Florida School Recognition Program
830	pursuant to s. 1008.36 may be given deregulated status as
831	specified in s. 1003.63(5), (7), (8), (9), and (10).
832	Section 14.  Paragraphs (h), (m), and (n) of subsection (1)
833	and paragraph (c) of subsection (7) of section 1011.62, Florida
834	Statutes, are amended to read:
835	1011.62  Funds for operation of schools.--If the annual
836	allocation from the Florida Education Finance Program to each
837	district for operation of schools is not determined in the
838	annual appropriations act or the substantive bill implementing
839	the annual appropriations act, it shall be determined as
840	follows:
841	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
842	OPERATION.--The following procedure shall be followed in
843	determining the annual allocation to each district for
844	operation:
845	(h)  Small, isolated high schools.--Districts which levy
846	the maximum nonvoted discretionary millage, exclusive of millage
847	for capital outlay purposes levied pursuant to s. 1011.71(2),
848	may calculate full-time equivalent students for small, isolated
849	high schools by multiplying the number of unweighted full-time
850	equivalent students times 2.75; provided the school has attained
851	a performance category "Maintaining" grade of "C" or better,
852	pursuant to s. 1008.34, for the previous school year. For the
853	purpose of this section, the term "small, isolated high school"
854	means any high school which is located no less than 28 miles by
855	the shortest route from another high school; which has been
856	serving students primarily in basic studies provided by sub-
857	subparagraphs (c)1.b. and c. and may include subparagraph (c)4.;
858	and which has a membership of no more than 100 students, but no
859	fewer than 28 students, in grades 9 through 12.
860	(m)  Calculation of additional full-time equivalent
861	membership based on Advanced International Certificate of
862	Education examination scores of students.--A value of 0.24 full-
863	full-time equivalent student membership shall be calculated for
864	each student enrolled in a full-credit Advanced International
865	Certificate of Education course who receives a score of E or
866	higher on a subject examination. A value of 0.12 full-time
867	equivalent student membership shall be calculated for each
868	student enrolled in a half-credit Advanced International
869	Certificate of Education course who receives a score of E or
870	higher on a subject examination. A value of 0.3 full-time
871	equivalent student membership shall be calculated for each
872	student who receives an Advanced International Certificate of
873	Education diploma. Such value shall be added to the total full-
874	time equivalent student membership in basic programs for grades
875	9 through 12 in the subsequent fiscal year. The school district
876	shall distribute to each classroom teacher who provided Advanced
877	International Certificate of Education instruction:
878	1.  A bonus in the amount of $50 for each student taught by
879	the Advanced International Certificate of Education teacher in
880	each full-credit Advanced International Certificate of Education
881	course who receives a score of E or higher on the Advanced
882	International Certificate of Education examination. A bonus in
883	the amount of $25 for each student taught by the Advanced
884	International Certificate of Education teacher in each half-
885	credit Advanced International Certificate of Education course
886	who receives a score of E or higher on the Advanced
887	International Certificate of Education examination.
888	2.  An additional bonus of $500 to each Advanced
889	International Certificate of Education teacher in a school
890	designated with a performance category "Declining" grade of "D"
891	or "F" who has at least one student scoring E or higher on the
892	full-credit Advanced International Certificate of Education
893	examination, regardless of the number of classes taught or of
894	the number of students scoring an E or higher on the full-credit
895	Advanced International Certificate of Education examination.
896	3.  Additional bonuses of $250 each to teachers of half-
897	credit Advanced International Certificate of Education classes
898	in a school designated with a performance category "Declining"
899	grade of "D" or "F" which has at least one student scoring an E
900	or higher on the half-credit Advanced International Certificate
901	of Education examination in that class. The maximum additional
902	bonus for a teacher awarded in accordance with this subparagraph
903	shall not exceed $500 in any given school year. Teachers
904	receiving an award under subparagraph 2. are not eligible for a
905	bonus under this subparagraph.
906
907	Bonuses awarded to a teacher according to this paragraph shall
908	not exceed $2,000 in any given school year and shall be in
909	addition to any regular wage or other bonus the teacher received
910	or is scheduled to receive.
911	(n)  Calculation of additional full-time equivalent
912	membership based on college board advanced placement scores of
913	students.--A value of 0.24 full-time equivalent student
914	membership shall be calculated for each student in each advanced
915	placement course who receives a score of 3 or higher on the
916	College Board Advanced Placement Examination for the prior year
917	and added to the total full-time equivalent student membership
918	in basic programs for grades 9 through 12 in the subsequent
919	fiscal year. Each district must allocate at least 80 percent of
920	the funds provided to the district for advanced placement
921	instruction, in accordance with this paragraph, to the high
922	school that generates the funds. The school district shall
923	distribute to each classroom teacher who provided advanced
924	placement instruction:
925	1.  A bonus in the amount of $50 for each student taught by
926	the Advanced Placement teacher in each advanced placement course
927	who receives a score of 3 or higher on the College Board
928	Advanced Placement Examination.
929	2.  An additional bonus of $500 to each Advanced Placement
930	teacher in a school designated with a performance category
931	"Declining" grade of "D" or "F" who has at least one student
932	scoring 3 or higher on the College Board Advanced Placement
933	Examination, regardless of the number of classes taught or of
934	the number of students scoring a 3 or higher on the College
935	Board Advanced Placement Examination.
936
937	Bonuses awarded to a teacher according to this paragraph shall
938	not exceed $2,000 in any given school year and shall be in
939	addition to any regular wage or other bonus the teacher received
940	or is scheduled to receive.
941	(7)  DETERMINATION OF SPARSITY SUPPLEMENT.--
942	(c)  Each district's allocation of sparsity supplement
943	funds shall be adjusted in the following manner:
944	1.  A maximum discretionary levy per FTE value for each
945	district shall be calculated by dividing the value of each
946	district's maximum discretionary levy by its FTE student count.
947	2.  A state average discretionary levy value per FTE shall
948	be calculated by dividing the total maximum discretionary levy
949	value for all districts by the state total FTE student count.
950	3.  A total potential funds per FTE for each district shall
951	be calculated by dividing the total potential funds, not
952	including Every Child Matters Program Florida School Recognition
953	Program funds and the minimum guarantee, for each district by
954	its FTE student count.
955	4.  A state average total potential funds per FTE shall be
956	calculated by dividing the total potential funds, not including
957	Every Child Matters Program Florida School Recognition Program
958	funds and the minimum guarantee, for all districts by the state
959	total FTE student count.
960	5.  For districts that have a levy value per FTE as
961	calculated in subparagraph 1. higher than the state average
962	calculated in subparagraph 2., a sparsity wealth adjustment
963	shall be calculated as the product of the difference between the
964	state average levy value per FTE calculated in subparagraph 2.
965	and the district's levy value per FTE calculated in subparagraph
966	1. and the district's FTE student count and -1. However, no
967	district shall have a sparsity wealth adjustment that, when
968	applied to the total potential funds calculated in subparagraph
969	3., would cause the district's total potential funds per FTE to
970	be less than the state average calculated in subparagraph 4.
971	6.  Each district's sparsity supplement allocation shall be
972	calculated by adding the amount calculated as specified in
973	paragraphs (a) and (b) and the wealth adjustment amount
974	calculated in this paragraph.
975	Section 15.  Paragraph (a) of subsection (2) of section
976	1011.64, Florida Statutes, is amended to read:
977	1011.64  School district minimum classroom expenditure
978	requirements.--
979	(2)  For the purpose of implementing the provisions of this
980	section, the Legislature shall prescribe minimum academic
981	performance standards and minimum classroom expenditure
982	requirements for districts not meeting such minimum academic
983	performance standards in the General Appropriations Act.
984	(a)  Minimum academic performance standards may be based
985	on, but are not limited to, district performance grades
986	determined pursuant to s. 1008.34(7).
987	Section 16.  Subsections (1), (2), and (5) of section
988	1012.2315, Florida Statutes, are amended to read:
989	1012.2315  Assignment of teachers.--
990	(1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature
991	finds disparities between teachers assigned to teach in a
992	majority of "A" graded schools receiving a performance category
993	"Improving" and teachers assigned to teach in a majority of "F"
994	graded schools receiving a performance category "Declining". The
995	disparities can be found in the average years of experience, the
996	median salary, and the performance of the teachers on teacher
997	certification examinations. It is the intent of the Legislature
998	that district school boards have flexibility through the
999	collective bargaining process to assign teachers more equitably
1000	across the schools in the district.
1001	(2)  ASSIGNMENT TO SCHOOLS. GRADED "D" OR "F."--School
1002	districts may not assign a higher percentage than the school
1003	district average of first-time teachers, temporarily certified
1004	teachers, teachers in need of improvement, or out-of-field
1005	teachers to schools with above the school district average of
1006	minority and economically disadvantaged students or schools that
1007	are designated performance category "Declining." graded "D" or
1008	"F." Each school district shall annually certify to the
1009	Commissioner of Education that this requirement has been met. If
1010	the commissioner determines that a school district is not in
1011	compliance with this subsection, the State Board of Education
1012	shall be notified and shall take action pursuant to s. 1008.32
1013	in the next regularly scheduled meeting to require compliance.
1014	(5)  REPORT.--Schools receiving a performance category
1015	"Declining" graded "D" or "F" shall annually report their
1016	teacher-retention rate. Included in this report shall be reasons
1017	listed for leaving by each teacher who left the school for any
1018	reason.
1019	Section 17.  This act shall take effect July 1, 2007.

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