HB 941

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

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