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A bill to be entitled

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An act relating to public school student progression;

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amending s. 1008.25, F.S.; revising the components of

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school district student progression programs; eliminating

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guidelines for allocating school district remedial and

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supplemental instruction resources; providing for the

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retention of students under specified circumstances;

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eliminating mandatory retention requirements for certain

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students in grade 3; eliminating midyear promotion;

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providing procedures for parental requests for retention;

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providing for appeals; eliminating standards for exemption

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from mandatory retention, to conform; revising the

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parental notification requirements; revising guidelines

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for remedial reading instruction and intervention

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strategies; revising the purpose of the Reading

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Enhancement and Acceleration Development Initiative;

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revising the eligibility criteria for the Intensive

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Acceleration Class; revising the requirements for reports

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by district school boards; specifying required rules;

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amending s. 1002.20, F.S.; conforming a cross-reference;

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amending s. 1002.23, F.S., to conform; requiring the State

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Board of Education to initiate the adoption of rules by a

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time certain; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 1008.25, Florida Statutes, is amended to

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read:

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     1008.25  Public school student progression; remedial

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instruction; reporting requirements.--

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     (1)  INTENT.--It is the intent of the Legislature that each

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student's progression from one grade to another be determined, in

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part, upon proficiency in reading, writing, science, and

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mathematics; that district school board policies facilitate such

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proficiency; and that each student and his or her parent be

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informed of that student's academic progress.

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     (2)  COMPREHENSIVE PROGRAM.--Each district school board

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shall establish a comprehensive program for student progression

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which must include:

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     (a)  Standards for evaluating each student's performance,

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including how well he or she masters the performance standards

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approved by the State Board of Education.

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     (b)  Specific levels of performance in reading, writing,

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science, and mathematics for each grade level, including the

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levels of performance on statewide assessments as defined by the

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commissioner, below which a student must receive remediation, or

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be retained within an intensive program that is different from

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the previous year's program and that takes into account the

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student's learning style.

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     (c) Appropriate alternative placement for a student who has

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been retained 2 or more years.

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     (3) ALLOCATION OF RESOURCES.--District school boards shall

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allocate remedial and supplemental instruction resources to

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students in the following priority:

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     (a) Students who are deficient in reading by the end of

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grade 3.

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     (b) Students who fail to meet performance levels required

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for promotion consistent with the district school board's plan

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for student progression required in paragraph (2)(b).

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     (3)(4) ASSESSMENT AND REMEDIATION.--

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     (a)  Each student must participate in the statewide

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assessment tests required by s. 1008.22. Each student who does

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not meet specific levels of performance as determined by the

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district school board in reading, writing, science, and

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mathematics for each grade level, or who scores below Level 3 in

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reading or math, must be provided with additional diagnostic

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assessments to determine the nature of the student's difficulty,

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the areas of academic need, and strategies for appropriate

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intervention and instruction as described in paragraph (b).

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     (b)  The school in which the student is enrolled must

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develop, in consultation with the student's parent, and must

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implement a progress monitoring plan. A progress monitoring plan

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is intended to provide the school district and the school

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flexibility in meeting the academic needs of the student and to

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reduce paperwork. A student who is not meeting the school

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district or state requirements for proficiency in reading and

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math shall be covered by one of the following plans to target

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instruction and identify ways to improve his or her academic

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achievement:

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     1.  A federally required student plan such as an individual

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education plan;

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     2.  A schoolwide system of progress monitoring for all

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students; or

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     3.  An individualized progress monitoring plan.

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The plan chosen must be designed to assist the student or the

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school in meeting state and district expectations for

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proficiency. If the student has been identified as having a

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deficiency in reading, the K-12 comprehensive reading plan

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required by s. 1011.62(8) shall include instructional and support

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services to be provided to meet the desired levels of

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performance. District school boards may require low-performing

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students to attend remediation programs held before or after

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regular school hours or during the summer if transportation is

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provided.

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     (c)  Upon subsequent evaluation, if the documented

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deficiency has not been remediated, the student may be retained

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as provided in subsection (5). Each student who does not meet the

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minimum performance expectations defined by the Commissioner of

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Education for the statewide assessment tests in reading, writing,

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science, and mathematics must continue to be provided with

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remedial or supplemental instruction until the expectations are

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met or the student graduates from high school or is not subject

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to compulsory school attendance.

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     (4)(5) READING DEFICIENCY AND PARENTAL NOTIFICATION.--

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     (a)  It is the ultimate goal of the Legislature that every

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student read at or above grade level. Any student who exhibits a

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substantial deficiency in reading, based upon locally determined

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or statewide assessments conducted in kindergarten or grade 1,

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grade 2, or grade 3, or through teacher observations, must be

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given intensive reading instruction immediately following the

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identification of the reading deficiency. The student's reading

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proficiency must be reassessed by locally determined assessments

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or through teacher observations at the beginning of the grade

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following the intensive reading instruction. The student must

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continue to be provided with intensive reading instruction until

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the reading deficiency is remedied.

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     (b) Beginning with the 2007-2008 2002-2003 school year, if

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the student's reading deficiency, as identified in paragraph (a),

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is not remedied by the end of grade 3, as demonstrated by scoring

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at Level 2 or higher on the statewide assessment test in reading

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for grade 3, the student may must be retained as provided in

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subsection (5).

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     (c)  The parent of any student who exhibits a substantial

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deficiency in reading, as described in paragraph (a), must be

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notified in writing of the following:

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     1.  That his or her child has been identified as having a

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substantial deficiency in reading.

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     2.  A description of the current services that are provided

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to the child.

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     3.  A description of the proposed supplemental instructional

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services and supports that will be provided to the child that are

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designed to remediate the identified area of reading deficiency.

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     4.  That if the child's reading deficiency is not remediated

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by the end of the child's grade level grade 3, the child may must

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be retained as provided in subsection (5) unless he or she is

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exempt from mandatory retention for good cause.

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     5.  Strategies for parents to use in helping their child

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succeed in reading proficiency.

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     6. That the Florida Comprehensive Assessment Test (FCAT) is

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not the sole determiner of promotion and that additional

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evaluations, portfolio reviews, and assessments are available to

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the child to assist parents and the school district in knowing

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when a child is reading at or above grade level and ready for

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grade promotion.

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     7. The district's specific criteria and policies for

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midyear promotion. Midyear promotion means promotion of a

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retained student at any time during the year of retention once

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the student has demonstrated ability to read at grade level.

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     (5)(6) ELIMINATION OF SOCIAL PROMOTION; RETENTION;

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APPEALS.--

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     (a) A No student may not be assigned to a grade level based

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solely on age or other factors that constitute social promotion.

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     (b) The district school board may retain students only

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exempt students from mandatory retention, as provided in this

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subsection paragraph (5)(b), for good cause. Good cause

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exemptions shall be limited to the following:

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     1. Limited English proficient students who have had less

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than 2 years of instruction in an English for Speakers of Other

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Languages program.

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     2. Students with disabilities whose individual education

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plan indicates that participation in the statewide assessment

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program is not appropriate, consistent with the requirements of

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State Board of Education rule.

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     3. Students who demonstrate an acceptable level of

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performance on an alternative standardized reading assessment

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approved by the State Board of Education.

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     4. Students who demonstrate, through a student portfolio,

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that the student is reading on grade level as evidenced by

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demonstration of mastery of the Sunshine State Standards in

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reading equal to at least a Level 2 performance on the FCAT.

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     5. Students with disabilities who participate in the FCAT

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and who have an individual education plan or a Section 504 plan

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that reflects that the student has received intensive remediation

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in reading for more than 2 years but still demonstrates a

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deficiency in reading and was previously retained in

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kindergarten, grade 1, grade 2, or grade 3.

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     6. Students who have received intensive remediation in

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reading for 2 or more years but still demonstrate a deficiency in

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reading and who were previously retained in kindergarten, grade

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1, grade 2, or grade 3 for a total of 2 years. Intensive reading

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instruction for students so promoted must include an altered

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instructional day that includes specialized diagnostic

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information and specific reading strategies for each student. The

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district school board shall assist schools and teachers to

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implement reading strategies that research has shown to be

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successful in improving reading among low-performing readers.

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     (c) Written requests for the retention of a student must

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good cause exemptions for students from the mandatory retention

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requirement as described in subparagraphs (b)3. and 4. shall be

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made consistent with the following:

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     1. Documentation must shall be submitted from the student's

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teacher to the school principal which that indicates that the

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retention promotion of the student is appropriate and is based

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upon the student's academic record. In order to minimize

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paperwork requirements, such documentation must shall consist

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only of the existing progress monitoring plan, individual

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educational plan, if applicable, report card, or student

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portfolio.

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     2. The school principal shall review the parent's request

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and the teacher's recommendation and discuss the such

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recommendation with:

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     a. The teacher;

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     b. The parent;

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     c. A representative of the school district who is qualified

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to provide or supervise the provision of specially designed

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instruction to meet the unique needs of the student, is

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knowledgeable about the general curriculum, and is knowledgeable

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about the availability of resources of the school district; and

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     d. Other individuals, at the discretion of the parent or

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the school district, who have knowledge or special expertise

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regarding the student. The determination of the knowledge or

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special expertise of any such individual shall be made by the

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party who invited the individual to be a part of the discussion.

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The school principal shall and make the determination as to

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whether the student should be promoted or retained. If the school

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principal determines that the student should be promoted, the

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school principal shall make such recommendation in writing to the

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district school superintendent. The district school

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superintendent shall accept or reject the school principal's

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recommendation in writing.

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     3. The parent may appeal the decision of the district

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school superintendent to the district school board.

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     (6)(7) SUCCESSFUL PROGRESSION FOR RETAINED READERS.--

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     (a) Students who have a substantial reading deficiency as

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determined under paragraph (4)(a) retained under the provisions

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of paragraph (5)(b) must be provided intensive interventions in

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reading to ameliorate the student's specific reading deficiency,

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as identified by a valid and reliable diagnostic assessment. This

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intensive intervention must include effective instructional

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strategies, participation in the school district's summer reading

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camp, and appropriate teaching methodologies necessary to assist

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those students in becoming successful readers who are, able to

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read at or above grade level, and ready for promotion to the next

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grade.

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     (b)  Beginning with the 2004-2005 school year, each school

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district shall:

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     1.  Conduct a review of student progress monitoring plans

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for all students who did not score above Level 1 on the reading

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portion of the FCAT and did not meet the criteria for one of the

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good cause exemptions in paragraph (6)(b). The review shall

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address additional supports and services, as described in this

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subsection, needed to remediate the identified areas of reading

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deficiency. The school district shall require a student portfolio

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to be completed for each such student.

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     2. Provide students who are retained under the provisions

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of paragraph (5)(b) with intensive instructional services and

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supports to remediate the identified areas of reading deficiency,

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including a minimum of 90 minutes of daily, uninterrupted,

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scientifically research-based reading instruction and other

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strategies prescribed by the school district, which may include,

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but are not limited to:

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     a.  Small group instruction.

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     b.  Reduced teacher-student ratios.

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     c.  More frequent progress monitoring.

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     d.  Tutoring or mentoring.

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     e.  Transition classes containing 3rd and 4th grade

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students.

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     f.  Extended school day, week, or year.

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     g.  Summer reading camps.

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     3.  Provide written notification to the parent of any

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student who is identified as having a substantial reading

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deficiency under paragraph (4)(a) retained under the provisions

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of paragraph (5)(b) that his or her child has not met the

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proficiency level required for promotion and the reasons the

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child is not eligible for a good cause exemption as provided in

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paragraph (6)(b). The notification must comply with the

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provisions of s. 1002.20(15) and must include a description of

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proposed interventions and supports that will be provided to the

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child to remediate the identified areas of reading deficiency.

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     4. Implement a policy for the midyear promotion of any

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student retained under the provisions of paragraph (5)(b) who can

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demonstrate that he or she is a successful and independent

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reader, reading at or above grade level, and ready to be promoted

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to grade 4. Tools that school districts may use in reevaluating

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any student retained may include subsequent assessments,

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alternative assessments, and portfolio reviews, in accordance

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with rules of the State Board of Education. Students promoted

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during the school year after November 1 must demonstrate

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proficiency above that required to score at Level 2 on the grade

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3 FCAT, as determined by the State Board of Education. The State

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Board of Education shall adopt standards that provide a

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reasonable expectation that the student's progress is sufficient

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to master appropriate 4th grade level reading skills.

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     4.5. Provide students who are identified as having a

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substantial reading deficiency under paragraph (4)(a) retained

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under the provisions of paragraph (5)(b) with a high-performing

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teacher as determined by student performance data and above-

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satisfactory performance appraisals.

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     5.6. In addition to required reading enhancement and

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acceleration strategies, provide parents of students identified

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as having a substantial reading deficiency to be retained with at

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least one of the following instructional options:

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     a.  Supplemental tutoring in scientifically research-based

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reading services in addition to the regular reading block,

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including tutoring before and/or after school.

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     b.  A "Read at Home" plan outlined in a parental contract,

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including participation in "Families Building Better Readers

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Workshops" and regular parent-guided home reading.

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     c.  A mentor or tutor with specialized reading training.

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     6.7. Establish a Reading Enhancement and Acceleration

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Development (READ) Initiative. The focus of the READ Initiative

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shall be to prevent the retention of grade 3 students and to

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offer intensive accelerated reading instruction to grade 3

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students who failed to meet standards for promotion to grade 4

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and to each K-3 student who is assessed as exhibiting a reading

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deficiency. The READ Initiative shall:

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     a. Be provided to all K-3 students at risk of not meeting

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grade level expectations retention as identified by the statewide

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assessment system used in Reading First schools. The assessment

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must measure phonemic awareness, phonics, fluency, vocabulary,

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and comprehension.

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     b.  Be provided during regular school hours in addition to

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the regular reading instruction.

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     c.  Provide a state-identified reading curriculum that has

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been reviewed by the Florida Center for Reading Research at

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Florida State University and meets, at a minimum, the following

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specifications:

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     (I)  Assists students assessed as exhibiting a reading

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deficiency in developing the ability to read at grade level.

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     (II)  Provides skill development in phonemic awareness,

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phonics, fluency, vocabulary, and comprehension.

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     (III)  Provides scientifically based and reliable

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assessment.

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     (IV)  Provides initial and ongoing analysis of each

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student's reading progress.

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     (V)  Is implemented during regular school hours.

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     (VI)  Provides a curriculum in core academic subjects to

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assist the student in maintaining or meeting proficiency levels

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for the appropriate grade in all academic subjects.

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     7.8. Establish at each school, where applicable, an

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Intensive Acceleration Class for retained grade 3 students who

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subsequently score at Level 1 on the reading portion of the FCAT.

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The focus of the Intensive Acceleration Class shall be to

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increase a child's reading level at least two grade levels in 1

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school year. The Intensive Acceleration Class shall:

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     a.  Be provided to any student in grade 3 who scores at

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Level 1 on the reading portion of the FCAT and who was retained

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in grade 3 the prior year because of scoring at Level 1 on the

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reading portion of the FCAT.

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     b.  Have a reduced teacher-student ratio.

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     c.  Provide uninterrupted reading instruction for the

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majority of student contact time each day and incorporate

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opportunities to master the grade 4 Sunshine State Standards in

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other core subject areas.

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     d.  Use a reading program that is scientifically research-

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based and has proven results in accelerating student reading

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achievement within the same school year.

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     e.  Provide intensive language and vocabulary instruction

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using a scientifically research-based program, including use of a

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speech-language therapist.

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     f.  Include weekly progress monitoring measures to ensure

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progress is being made.

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     g.  Report to the Department of Education, in the manner

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described by the department, the progress of students in the

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class at the end of the first semester.

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     8.9. Report to the State Board of Education, as requested,

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on the specific intensive reading interventions and supports

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implemented at the school district level. The Commissioner of

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Education shall annually prescribe the required components of

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requested reports.

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     10. Provide a student who has been retained in grade 3 and

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has received intensive instructional services but is still not

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ready for grade promotion, as determined by the school district,

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the option of being placed in a transitional instructional

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setting. Such setting shall specifically be designed to produce

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learning gains sufficient to meet grade 4 performance standards

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while continuing to remediate the areas of reading deficiency.

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     (7)(8) ANNUAL REPORT.--

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     (a) In addition to the requirements in paragraph (5)(b),

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Each district school board must annually report to the parent of

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each student the progress of the student toward achieving state

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and district expectations for proficiency in reading, writing,

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science, and mathematics. The district school board must report

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to the parent the student's results on each statewide assessment

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test. The evaluation of each student's progress must be based

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upon the student's classroom work, observations, tests, district

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and state assessments, and other relevant information. Progress

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reporting must be provided to the parent in writing in a format

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adopted by the district school board.

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     (b)  Each district school board must annually publish in the

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local newspaper, and report in writing to the State Board of

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Education by September 1 of each year, the following information

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on the prior school year:

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     1.  The provisions of this section relating to public school

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student progression and the district school board's policies and

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procedures on student retention and promotion.

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     2.  By grade, the number and percentage of all students in

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grades 3 through 10 performing at Levels 1 and 2 on the reading

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portion of the FCAT.

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     3.  By grade, the number and percentage of all students

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retained as provided in subsection (5) in grades 3 through 10.

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     4.  Information on the total number of students who were

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promoted for good cause, by each category of good cause as

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specified in paragraph (6)(b).

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     5.  Any revisions to the district school board's policy on

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student retention and promotion from the prior year.

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     (c)  The Department of Education shall establish a uniform

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format for school districts to report the information required in

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paragraph (b). The format shall be developed with input from

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district school boards and shall be provided not later than 90

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days prior to the annual due date. The department shall annually

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compile the information required in subparagraphs (b)2., 3., and

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4., along with state-level summary information, and report such

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information to the Governor, the President of the Senate, and the

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Speaker of the House of Representatives.

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     (8)(9) STATE BOARD AUTHORITY AND RESPONSIBILITIES.--

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     (a)  The State Board of Education shall have authority as

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provided in s. 1008.32 to enforce this section.

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     (b)  The State Board of Education shall adopt rules pursuant

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to ss. 120.536(1) and 120.54 for the administration of this

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section, including, but not limited to, rules establishing

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procedures by which parents may appeal a decision by the district

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school superintendent as provided in subsection (5).

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     (9)(10) TECHNICAL ASSISTANCE.--The department shall provide

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technical assistance as needed to aid district school boards in

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administering this section.

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     Section 2.  Subsection (11) of section 1002.20, Florida

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Statutes, is amended to read:

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     1002.20  K-12 student and parent rights.--Parents of public

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school students must receive accurate and timely information

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regarding their child's academic progress and must be informed of

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ways they can help their child to succeed in school. K-12

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students and their parents are afforded numerous statutory rights

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including, but not limited to, the following:

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     (11)  STUDENTS WITH READING DEFICIENCIES.--Each elementary

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school shall regularly assess the reading ability of each K-3

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student. The parent of any K-3 student who exhibits a reading

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deficiency shall be immediately notified of the student's

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deficiency with a description and explanation, in terms

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understandable to the parent, of the exact nature of the

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student's difficulty in learning and lack of achievement in

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reading; shall be consulted in the development of a progress

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monitoring plan, as described in s. 1008.25(3)(b) s.

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1008.25(4)(b); and shall be informed that the student will be

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given intensive reading instruction until the deficiency is

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corrected. This subsection operates in addition to the

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remediation and notification provisions contained in s. 1008.25

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and in no way reduces the rights of a parent or the

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responsibilities of a school district under that section.

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     Section 3.  Subsection (2) of section 1002.23, Florida

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Statutes, is amended to read:

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     1002.23  Family and School Partnership for Student

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Achievement Act.--

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     (2)  To facilitate meaningful parent and family involvement,

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the Department of Education shall develop guidelines for a parent

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guide to successful student achievement which describes what

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parents need to know about their child's educational progress and

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how they can help their child to succeed in school. The

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guidelines shall include, but need not be limited to:

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     (a)  Parental information regarding:

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     1. Options Requirements for their child to be retained

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promoted to the next grade, as provided for in s. 1008.25;

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     2.  Progress of their child toward achieving state and

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district expectations for academic proficiency;

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     3.  Assessment results, including report cards and progress

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reports;

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     4.  Qualifications of their child's teachers; and

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     5.  School entry requirements, including required

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immunizations and the recommended immunization schedule;

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     (b)  Services available for parents and their children, such

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as family literacy services; mentoring, tutorial, and other

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academic reinforcement programs; college planning, academic

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advisement, and student counseling services; and after-school

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programs;

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     (c)  Opportunities for parental participation, such as

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parenting classes, adult education, school advisory councils, and

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school volunteer programs;

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     (d)  Opportunities for parents to learn about rigorous

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academic programs that may be available for their child, such as

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honors programs, dual enrollment, advanced placement,

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International Baccalaureate, International General Certificate of

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Secondary Education (pre-AICE), Advanced International

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Certificate of Education, Florida Virtual High School courses,

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and accelerated access to postsecondary education;

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     (e)  Educational choices, as provided for in s. 1002.20(6),

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and corporate income tax credit scholarships, as provided for in

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s. 220.187;

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     (f)  Classroom and test accommodations available for

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students with disabilities;

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     (g)  School board rules, policies, and procedures for

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student promotion and retention, academic standards, student

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assessment, courses of study, instructional materials, and

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contact information for school and district offices; and

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     (h)  Resources for information on student health and other

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available resources for parents.

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     Section 4. The State Board of Education shall initiate the

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adoption of rules required by this act no more than 10 days after

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the effective date of this act.

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     Section 5.  This act shall take effect upon becoming a law.