1

A bill to be entitled

2

An act relating to public school education; amending s.

3

1002.31, F.S.; requiring reimbursement to school districts

4

for reasonable costs for student transportation to certain

5

schools and choice programs; amending ss. 1003.428,

6

1003.429, 1003.43, 1003.433, and 1008.22, F.S.; deleting

7

the requirement that a student earn a passing score on the

8

Florida Comprehensive Assessment Test (FCAT) for purposes

9

of high school graduation; revising components of the

10

FCAT; revising provisions relating to the use of

11

concordant scores; amending s. 1008.25, F.S.; deleting

12

mandatory retention for certain grade 3 students;

13

authorizing certain promotion for good cause; amending s.

14

1008.33, F.S.; revising provisions relating to state board

15

intervention in the operation of a district school system;

16

requiring State Board of Education rulemaking relating to

17

school performance; amending s. 1008.34, F.S.; changing

18

the school grading system to a school performance system;

19

specifying school performance categories and the basis for

20

designating such categories; providing for determination

21

of school district performance; authorizing school

22

districts to give certain schools increased budget

23

authority; amending s. 1008.341, F.S.; revising provisions

24

relating to the school improvement rating for alternative

25

schools, to conform; amending s. 1008.36, F.S.; changing

26

the Florida School Recognition Program to the Every Child

27

Matters Program; providing intent and purpose of the

28

program; providing for financial assistance to schools

29

providing remediation and intervention services to certain

30

students; specifying the uses of program funds; providing

31

Department of Education duties; amending ss. 1001.42,

32

1002.33, 1002.415, 1003.62, 1003.621, 1008.31, 1008.345,

33

1011.62, 1011.64, and 1012.2315, F.S.; conforming

34

provisions; providing an effective date.

35

36

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

37

38

     Section 1.  Subsection (3) and paragraph (c) of subsection

39

(5) of section 1002.31, Florida Statutes, are amended to read:

40

     1002.31  Public school parental choice.--

41

     (3)  Each district school board shall develop a controlled

42

open enrollment plan which describes the implementation of

43

subsection (2). Each school district shall be reimbursed for

44

reasonable costs of providing transportation for students who

45

attend a public school or choice program other than the school to

46

which the student is assigned through the allocation of Every

47

Child Matters Program funds by the Department of Education

48

pursuant to s. 1008.36.

49

     (5)  Each school district shall develop a system of

50

priorities for its plan that includes consideration of the

51

following:

52

     (c) A process that allows encourages placement of siblings

53

within the same school.

54

     Section 2.  Subsection (4), paragraph (b) of subsection (7),

55

and subsection (8) of section 1003.428, Florida Statutes, are

56

amended to read:

57

     1003.428  General requirements for high school graduation;

58

revised.--

59

     (4)  Each district school board shall establish standards

60

for graduation from its schools, which must include:

61

     (a)  Successful completion of the academic credit or

62

curriculum requirements of subsections (1) and (2).

63

     (b) Earning passing scores on the FCAT, as defined in s.

64

1008.22(3)(c), or scores on a standardized test that are

65

concordant with passing scores on the FCAT as defined in s.

66

1008.22(9).

67

     (b)(c) Completion of all other applicable requirements

68

prescribed by the district school board pursuant to s. 1008.25.

69

     (c)(d) Achievement of a cumulative grade point average of

70

2.0 on a 4.0 scale, or its equivalent, in the courses required by

71

this section.

72

73

Each district school board shall adopt policies designed to

74

assist students in meeting the requirements of this subsection.

75

These policies may include, but are not limited to: forgiveness

76

policies, summer school or before or after school attendance,

77

special counseling, volunteers or peer tutors, school-sponsored

78

help sessions, homework hotlines, and study skills classes.

79

Forgiveness policies for required courses shall be limited to

80

replacing a grade of "D" or "F," or the equivalent of a grade of

81

"D" or "F," with a grade of "C" or higher, or the equivalent of a

82

grade of "C" or higher, earned subsequently in the same or

83

comparable course. Forgiveness policies for elective courses

84

shall be limited to replacing a grade of "D" or "F," or the

85

equivalent of a grade of "D" or "F," with a grade of "C" or

86

higher, or the equivalent of a grade of "C" or higher, earned

87

subsequently in another course. The only exception to these

88

forgiveness policies shall be made for a student in the middle

89

grades who takes any high school course for high school credit

90

and earns a grade of "C," "D," or "F" or the equivalent of a

91

grade of "C," "D," or "F." In such case, the district forgiveness

92

policy must allow the replacement of the grade with a grade of

93

"C" or higher, or the equivalent of a grade of "C" or higher,

94

earned subsequently in the same or comparable course. In all

95

cases of grade forgiveness, only the new grade shall be used in

96

the calculation of the student's grade point average. Any course

97

grade not replaced according to a district school board

98

forgiveness policy shall be included in the calculation of the

99

cumulative grade point average required for graduation.

100

     (7)

101

     (b)  A student who completes the minimum number of credits

102

and other requirements prescribed by subsections (1), (2), and

103

(3), but who is unable to meet the standards of paragraph (4)(b)

104

or, paragraph (4)(c), or paragraph (4)(d), shall be awarded a

105

certificate of completion in a form prescribed by the State Board

106

of Education. However, any student who is otherwise entitled to a

107

certificate of completion may elect to remain in the secondary

108

school either as a full-time student or a part-time student for

109

up to 1 additional year and receive special instruction designed

110

to remedy his or her identified deficiencies.

111

     (8)(a) Each district school board must provide instruction

112

to prepare students with disabilities to demonstrate proficiency

113

in the skills and competencies necessary for successful grade-to-

114

grade progression and high school graduation.

115

     (b) A student with a disability, as defined in s.

116

1007.02(2), for whom the individual education plan (IEP)

117

committee determines that the FCAT cannot accurately measure the

118

student's abilities taking into consideration all allowable

119

accommodations, shall have the FCAT requirement of paragraph

120

(4)(b) waived for the purpose of receiving a standard high school

121

diploma, if the student:

122

     1. Completes the minimum number of credits and other

123

requirements prescribed by subsections (1), (2), and (3).

124

     2. Does not meet the requirements of paragraph (4)(b) after

125

one opportunity in 10th grade and one opportunity in 11th grade.

126

     Section 3.  Subsection (6) of section 1003.429, Florida

127

Statutes, is amended to read:

128

     1003.429  Accelerated high school graduation options.--

129

     (6)  Students pursuing accelerated 3-year high school

130

graduation options pursuant to paragraph (1)(b) or paragraph

131

(1)(c) are required to:

132

     (a) Earn passing scores on the FCAT as defined in s.

133

1008.22(3)(c) or scores on a standardized test that are

134

concordant with passing scores on the FCAT as defined in s.

135

1008.22(9).

136

     (a)(b)1. Achieve a cumulative weighted grade point average

137

of 3.5 on a 4.0 scale, or its equivalent, in the courses required

138

for the college preparatory accelerated 3-year high school

139

graduation option pursuant to paragraph (1)(b); or

140

     2.  Achieve a cumulative weighted grade point average of 3.0

141

on a 4.0 scale, or its equivalent, in the courses required for

142

the career preparatory accelerated 3-year high school graduation

143

option pursuant to paragraph (1)(c).

144

     (b)(c) Receive a weighted or unweighted grade that earns at

145

least 3.0 points, or its equivalent, to earn course credit toward

146

the 18 credits required for the college preparatory accelerated

147

3-year high school graduation option pursuant to paragraph

148

(1)(b).

149

     (c)(d) Receive a weighted or unweighted grade that earns at

150

least 2.0 points, or its equivalent, to earn course credit toward

151

the 18 credits required for the career preparatory accelerated 3-

152

year high school graduation option pursuant to paragraph (1)(c).

153

154

Weighted grades referred to in paragraphs (a), (b), and (c), and

155

(d) shall be applied to those courses specifically listed or

156

identified by the department as rigorous pursuant to s.

157

1009.531(3) or weighted by the district school board for class

158

ranking purposes.

159

     Section 4.  Subsection (5), paragraph (b) of subsection

160

(10), and subsection (11) of section 1003.43, Florida Statutes,

161

are amended to read:

162

     1003.43  General requirements for high school graduation.--

163

     (5)  Each district school board shall establish standards

164

for graduation from its schools, and these standards must

165

include:

166

     (a) Earning passing scores on the FCAT, as defined in s.

167

1008.22(3)(c), or scores on a standardized test that are

168

concordant with passing scores on the FCAT as defined in s.

169

1008.22(9).

170

     (a)(b) Completion of all other applicable requirements

171

prescribed by the district school board pursuant to s. 1008.25.

172

     (b)(c) Achievement of a cumulative grade point average of

173

1.5 on a 4.0 scale, or its equivalent, for students entering 9th

174

grade before the 1997-1998 school year; however, these students

175

must earn a cumulative grade point average of 2.0 on a 4.0 scale,

176

or its equivalent, in the courses required by subsection (1) that

177

are taken after July 1, 1997, or have an overall cumulative grade

178

point average of 2.0 or above.

179

     (c)(d) Achievement of a cumulative grade point average of

180

2.0 on a 4.0 scale, or its equivalent, in the courses required by

181

subsection (1), for students entering 9th grade in the 1997-1998

182

school year and thereafter.

183

     (d)(e) For purposes of paragraphs (b) and (c) and (d):

184

     1.  Each district school board shall adopt policies designed

185

to assist students in meeting these requirements. These policies

186

may include, but are not limited to: forgiveness policies, summer

187

school or before or after school attendance, special counseling,

188

volunteer and/or peer tutors, school-sponsored help sessions,

189

homework hotlines, and study skills classes. Beginning in the

190

2000-2001 school year and each year thereafter, forgiveness

191

policies for required courses shall be limited to replacing a

192

grade of "D" or "F," or the equivalent of a grade of "D" or "F,"

193

with a grade of "C" or higher, or the equivalent of a grade of

194

"C" or higher, earned subsequently in the same or comparable

195

course. Forgiveness policies for elective courses shall be

196

limited to replacing a grade of "D" or "F," or the equivalent of

197

a grade of "D" or "F," with a grade of "C" or higher, or the

198

equivalent of a grade of "C" or higher, earned subsequently in

199

another course. Any course grade not replaced according to a

200

district school board forgiveness policy shall be included in the

201

calculation of the cumulative grade point average required for

202

graduation.

203

     2.  At the end of each semester, the parent of each student

204

in grades 9, 10, 11, and 12 who has a cumulative grade point

205

average of less than 0.5 above the cumulative grade point average

206

required for graduation shall be notified that the student is at

207

risk of not meeting the requirements for graduation. The notice

208

shall contain an explanation of the policies the district school

209

board has in place to assist the student in meeting the grade

210

point average requirement.

211

     3.  Special assistance to obtain a high school equivalency

212

diploma pursuant to s. 1003.435 may be given only when the

213

student has completed all requirements for graduation except the

214

attainment of the required cumulative grade point average.

215

216

The standards required in this subsection, and any subsequent

217

modifications, shall be reprinted in the Florida Administrative

218

Code even though not defined as "rules."

219

     (10)

220

     (b)  A student who completes the minimum number of credits

221

and other requirements prescribed by subsections (1) and (4), but

222

who is unable to meet the standards of paragraph (5)(a) or,

223

paragraph (5)(b), or paragraph (5)(c), shall be awarded a

224

certificate of completion in a form prescribed by the State Board

225

of Education. However, any student who is otherwise entitled to a

226

certificate of completion may elect to remain in the secondary

227

school either as a full-time student or a part-time student for

228

up to 1 additional year and receive special instruction designed

229

to remedy his or her identified deficiencies.

230

     (11)(a) Each district school board must provide instruction

231

to prepare students with disabilities to demonstrate proficiency

232

in the skills and competencies necessary for successful grade-to-

233

grade progression and high school graduation.

234

     (b) A student with a disability, as defined in s.

235

1007.02(2), for whom the individual educational plan (IEP)

236

committee determines that the FCAT cannot accurately measure the

237

student's abilities taking into consideration all allowable

238

accommodations, shall have the FCAT requirement of paragraph

239

(5)(a) waived for the purpose of receiving a standard high school

240

diploma, if the student:

241

     1. Completes the minimum number of credits and other

242

requirements prescribed by subsections (1) and (4).

243

     2. Does not meet the requirements of paragraph (5)(a) after

244

one opportunity in 10th grade and one opportunity in 11th grade.

245

     Section 5.  Subsection (1) of section 1003.433, Florida

246

Statutes, is amended to read:

247

     1003.433  Learning opportunities for out-of-state and out-

248

of-country transfer students and students needing additional

249

instruction to meet high school graduation requirements.--

250

     (1)  Students who enter a Florida public school at the

251

eleventh or twelfth grade from out of state or from a foreign

252

country shall not be required to spend additional time in a

253

Florida public school in order to meet the high school course

254

requirements if the student has met all requirements of the

255

school district, state, or country from which he or she is

256

transferring. Such students who are not proficient in English

257

should receive immediate and intensive instruction in English

258

language acquisition. However, to receive a standard high school

259

diploma, a transfer student must earn a 2.0 grade point average

260

and pass the grade 10 FCAT required in s. 1008.22(3) or an

261

alternate assessment as described in s. 1008.22(9).

262

     Section 6.  Paragraph (c) of subsection (3) and subsection

263

(9) of section 1008.22, Florida Statutes, are amended to read:

264

     1008.22  Student assessment program for public schools.--

265

     (3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall

266

design and implement a statewide program of educational

267

assessment that provides information for the improvement of the

268

operation and management of the public schools, including schools

269

operating for the purpose of providing educational services to

270

youth in Department of Juvenile Justice programs. The

271

commissioner may enter into contracts for the continued

272

administration of the assessment, testing, and evaluation

273

programs authorized and funded by the Legislature. Contracts may

274

be initiated in 1 fiscal year and continue into the next and may

275

be paid from the appropriations of either or both fiscal years.

276

The commissioner is authorized to negotiate for the sale or lease

277

of tests, scoring protocols, test scoring services, and related

278

materials developed pursuant to law. Pursuant to the statewide

279

assessment program, the commissioner shall:

280

     (c)  Develop and implement a student achievement testing

281

program known as the Florida Comprehensive Assessment Test (FCAT)

282

as part of the statewide assessment program to measure all

283

aspects of every student's public education experience as

284

determined by the Department of Education reading, writing,

285

science, and mathematics. Other Content areas may be included as

286

directed by the commissioner. The assessment of reading and

287

mathematics shall be administered annually in grades 3 through

288

10. The assessment of writing and science shall be administered

289

at least once at the elementary, middle, and high school levels.

290

The commissioner must document the procedures used to ensure that

291

the versions of the FCAT which are taken by students retaking the

292

grade 10 FCAT are equally as challenging and difficult as the

293

tests taken by students in grade 10 which contain performance

294

tasks. The testing program must be designed so that:

295

     1.  The tests measure student skills and competencies

296

adopted by the State Board of Education as specified in paragraph

297

(a). The tests must measure and report student proficiency levels

298

of all students assessed in reading, writing, mathematics, and

299

science. The commissioner shall provide for the tests to be

300

developed or obtained, as appropriate, through contracts and

301

project agreements with private vendors, public vendors, public

302

agencies, postsecondary educational institutions, or school

303

districts. The commissioner shall obtain input with respect to

304

the design and implementation of the testing program from state

305

educators, assistive technology experts, and the public.

306

     2.  The testing program will include a combination of norm-

307

referenced and criterion-referenced tests and include, to the

308

extent determined by the commissioner, questions that require the

309

student to produce information or perform tasks in such a way

310

that the skills and competencies he or she uses can be measured.

311

     3.  Each testing program, whether at the elementary, middle,

312

or high school level, includes a test of writing in which

313

students are required to produce writings that are then scored by

314

appropriate and timely methods.

315

     4.  A score is designated for each subject area tested,

316

below which score a student's performance is deemed inadequate.

317

The school districts shall provide appropriate remedial

318

instruction to students who score below these levels.

319

     5. Except as provided in s. 1003.428(8)(b) or s.

320

1003.43(11)(b), students must earn a passing score on the grade

321

10 assessment test described in this paragraph or attain

322

concordant scores as described in subsection (9) in reading,

323

writing, and mathematics to qualify for a standard high school

324

diploma. The State Board of Education shall designate a passing

325

score for each part of the grade 10 assessment test. In

326

establishing passing scores, the state board shall consider any

327

possible negative impact of the test on minority students. The

328

State Board of Education shall adopt rules which specify the

329

passing scores for the grade 10 FCAT. Any such rules, which have

330

the effect of raising the required passing scores, shall only

331

apply to students taking the grade 10 FCAT for the first time

332

after such rules are adopted by the State Board of Education.

333

     5.6. Participation in the testing program is mandatory for

334

all students attending public school, including students served

335

in Department of Juvenile Justice programs, except as otherwise

336

prescribed by the commissioner. If a student does not participate

337

in the statewide assessment, the district must notify the

338

student's parent and provide the parent with information

339

regarding the implications of such nonparticipation. A parent

340

must provide signed consent for a student to receive classroom

341

instructional accommodations that would not be available or

342

permitted on the statewide assessments and must acknowledge in

343

writing that he or she understands the implications of such

344

instructional accommodations. The State Board of Education shall

345

adopt rules, based upon recommendations of the commissioner, for

346

the provision of test accommodations for students in exceptional

347

education programs and for students who have limited English

348

proficiency. Accommodations that negate the validity of a

349

statewide assessment are not allowable in the administration of

350

the FCAT. However, instructional accommodations are allowable in

351

the classroom if included in a student's individual education

352

plan. Students using instructional accommodations in the

353

classroom that are not allowable as accommodations on the FCAT

354

may have the FCAT requirement waived pursuant to the requirements

355

of s. 1003.428(8)(b) or s. 1003.43(11)(b).

356

     6.7. A student seeking an adult high school diploma must

357

meet the same testing requirements that a regular high school

358

student must meet.

359

     7.8. District school boards must provide instruction to

360

prepare students to demonstrate proficiency in the skills and

361

competencies necessary for successful grade-to-grade progression

362

and high school graduation. If a student is provided with

363

instructional accommodations in the classroom that are not

364

allowable as accommodations in the statewide assessment program,

365

as described in the test manuals, the district must inform the

366

parent in writing and must provide the parent with information

367

regarding the impact on the student's ability to meet expected

368

proficiency levels in reading, writing, and math. The

369

commissioner shall conduct studies as necessary to verify that

370

the required skills and competencies are part of the district

371

instructional programs.

372

     8.9. District school boards must provide opportunities for

373

students to demonstrate an acceptable level of performance on an

374

alternative standardized assessment approved by the State Board

375

of Education following enrollment in summer academies.

376

     9.10. The Department of Education must develop, or select,

377

and implement a common battery of assessment tools that will be

378

used in all juvenile justice programs in the state. These tools

379

must accurately measure the skills and competencies established

380

in the Sunshine State Standards.

381

     10.11. For students seeking a special diploma pursuant to

382

s. 1003.438, the Department of Education must develop or select

383

and implement an alternate assessment tool that accurately

384

measures the skills and competencies established in the Sunshine

385

State Standards for students with disabilities under s. 1003.438.

386

387

The commissioner may, based on collaboration and input from

388

school districts, design and implement student testing programs,

389

for any grade level and subject area, necessary to effectively

390

monitor educational achievement in the state, including the

391

measurement of educational achievement of the Sunshine State

392

Standards for students with disabilities. Development and

393

refinement of assessments shall include universal design

394

principles and accessibility standards that will prevent any

395

unintended obstacles for students with disabilities while

396

ensuring the validity and reliability of the test. These

397

principles should be applicable to all technology platforms and

398

assistive devices available for the assessments. The field

399

testing process and psychometric analyses for the statewide

400

assessment program must include an appropriate percentage of

401

students with disabilities and an evaluation or determination of

402

the effect of test items on such students.

403

     (9)  CONCORDANT SCORES FOR THE FCAT.--

404

     (a)  The State Board of Education shall analyze the content

405

and concordant data sets for widely used high school achievement

406

tests, including, but not limited to, the PSAT, PLAN, SAT, ACT,

407

and College Placement Test, to assess if concordant scores for

408

FCAT scores can be determined for high school graduation, college

409

placement, and scholarship awards. In cases where content

410

alignment and concordant scores can be determined, the

411

Commissioner of Education shall adopt those scores as meeting the

412

graduation requirement in lieu of achieving the FCAT passing

413

score and may adopt those scores as being sufficient to achieve

414

additional purposes as determined by rule. Each time that test

415

content or scoring procedures are changed for the FCAT or one of

416

the identified tests, new concordant scores must be determined.

417

     (b) In order to use a concordant subject area score

418

pursuant to this subsection to satisfy the assessment requirement

419

for a standard high school diploma as provided in s.

420

1003.429(6)(a), s. 1003.43(5)(a), or s. 1003.428, a student must

421

take each subject area of the grade 10 FCAT a total of three

422

times without earning a passing score. The requirements of this

423

paragraph shall not apply to a new student who enters the Florida

424

public school system in grade 12, who may either achieve a

425

passing score on the FCAT or use an approved subject area

426

concordant score to fulfill the graduation requirement.

427

     (b)(c) The State Board of Education may define by rule the

428

allowable uses, other than to satisfy the high school graduation

429

requirement, for concordant scores as described in this

430

subsection. Such uses may include, but need not be limited to,

431

achieving appropriate standardized test scores required for the

432

awarding of Florida Bright Futures Scholarships and college

433

placement.

434

     Section 7.  Paragraphs (b) and (c) of subsection (5),

435

paragraphs (b) and (c) of subsection (6), and paragraph (b) of

436

subsection (7) of section 1008.25, Florida Statutes, are amended

437

to read:

438

     1008.25  Public school student progression; remedial

439

instruction; reporting requirements.--

440

     (5)  READING DEFICIENCY AND PARENTAL NOTIFICATION.--

441

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

442

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

443

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

444

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

445

grade 3, the student may must be retained at the discretion of

446

the teacher and principal after consultation with the student's

447

parent.

448

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

449

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

450

notified in writing of the following:

451

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

452

substantial deficiency in reading.

453

     2.  A description of the current services that are provided

454

to the child.

455

     3.  A description of the proposed supplemental instructional

456

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

457

designed to remediate the identified area of reading deficiency.

458

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

459

by the end of grade 3, the child may must be retained unless he

460

or she is exempt from mandatory retention for good cause.

461

     5.  Strategies for parents to use in helping their child

462

succeed in reading proficiency.

463

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

464

not the sole determiner of promotion and that additional

465

evaluations, portfolio reviews, and assessments are available to

466

the child to assist parents and the school district in knowing

467

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

468

grade promotion.

469

     7.  The district's specific criteria and policies for

470

midyear promotion. Midyear promotion means promotion of a

471

retained student at any time during the year of retention once

472

the student has demonstrated ability to read at grade level.

473

     (6)  ELIMINATION OF SOCIAL PROMOTION.--

474

     (b) The district school board may promote students only

475

exempt students from mandatory retention, as provided in

476

paragraph (5)(b), for good cause. Students promoted for good

477

cause may include, but are not limited to, exemptions shall be

478

limited to the following:

479

     1.  Limited English proficient students who have had less

480

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

481

Languages program.

482

     2.  Students with disabilities whose individual education

483

plan indicates that participation in the statewide assessment

484

program is not appropriate, consistent with the requirements of

485

State Board of Education rule.

486

     3.  Students who demonstrate an acceptable level of

487

performance on an alternative standardized reading assessment

488

approved by the State Board of Education.

489

     4.  Students who demonstrate, through a student portfolio,

490

that the student is reading on grade level as evidenced by

491

demonstration of mastery of the Sunshine State Standards in

492

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

493

     5.  Students with disabilities who participate in the FCAT

494

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

495

that reflects that the student has received intensive remediation

496

in reading for more than 2 years but still demonstrates a

497

deficiency in reading and was previously retained in

498

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

499

     6.  Students who have received intensive remediation in

500

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

501

reading and who were previously retained in kindergarten, grade

502

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

503

instruction for students so promoted must include an altered

504

instructional day that includes specialized diagnostic

505

information and specific reading strategies for each student. The

506

district school board shall assist schools and teachers to

507

implement reading strategies that research has shown to be

508

successful in improving reading among low-performing readers.

509

     (c) Promotion for good cause Requests for good cause

510

exemptions for students from the mandatory retention requirement

511

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

512

consistent with the following:

513

     1.  Documentation shall be submitted from the student's

514

teacher to the school principal that indicates that the promotion

515

of the student is appropriate and is based upon the student's

516

academic record. In order to minimize paperwork requirements,

517

such documentation shall consist only of the existing progress

518

monitoring plan, individual educational plan, if applicable,

519

report card, or student portfolio.

520

     2.  The school principal shall review and discuss such

521

recommendation with the teacher and make the determination as to

522

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

523

principal determines that the student should be promoted, the

524

school principal shall make such recommendation in writing to the

525

district school superintendent. The district school

526

superintendent shall accept or reject the school principal's

527

recommendation in writing.

528

     (7)  SUCCESSFUL PROGRESSION FOR RETAINED READERS.--

529

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

530

district shall:

531

     1.  Conduct a review of student progress monitoring plans

532

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

533

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

534

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

535

address additional supports and services, as described in this

536

subsection, needed to remediate the identified areas of reading

537

deficiency. The school district shall require a student portfolio

538

to be completed for each such student.

539

     2.  Provide students who are retained under the provisions

540

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

541

supports to remediate the identified areas of reading deficiency,

542

including a minimum of 90 minutes of daily, uninterrupted,

543

scientifically research-based reading instruction and other

544

strategies prescribed by the school district, which may include,

545

but are not limited to:

546

     a.  Small group instruction.

547

     b.  Reduced teacher-student ratios.

548

     c.  More frequent progress monitoring.

549

     d.  Tutoring or mentoring.

550

     e.  Transition classes containing 3rd and 4th grade

551

students.

552

     f.  Extended school day, week, or year.

553

     g.  Summer reading camps.

554

     3.  Provide written notification to the parent of any

555

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

556

that his or her child has not met the proficiency level required

557

for promotion and the reasons the child is not eligible for

558

promotion a good cause exemption as provided in paragraph (6)(b).

559

The notification must comply with the provisions of s.

560

1002.20(15) and must include a description of proposed

561

interventions and supports that will be provided to the child to

562

remediate the identified areas of reading deficiency.

563

     4.  Implement a policy for the midyear promotion of any

564

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

565

demonstrate that he or she is a successful and independent

566

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

567

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

568

any student retained may include subsequent assessments,

569

alternative assessments, and portfolio reviews, in accordance

570

with rules of the State Board of Education. Students promoted

571

during the school year after November 1 must demonstrate

572

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

573

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

574

Board of Education shall adopt standards that provide a

575

reasonable expectation that the student's progress is sufficient

576

to master appropriate 4th grade level reading skills.

577

     5.  Provide students who are retained under the provisions

578

of paragraph (5)(b) with a high-performing teacher as determined

579

by student performance data and above-satisfactory performance

580

appraisals.

581

     6.  In addition to required reading enhancement and

582

acceleration strategies, provide parents of students to be

583

retained with at least one of the following instructional

584

options:

585

     a.  Supplemental tutoring in scientifically research-based

586

reading services in addition to the regular reading block,

587

including tutoring before and/or after school.

588

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

589

including participation in "Families Building Better Readers

590

Workshops" and regular parent-guided home reading.

591

     c.  A mentor or tutor with specialized reading training.

592

     7.  Establish a Reading Enhancement and Acceleration

593

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

594

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

595

offer intensive accelerated reading instruction to grade 3

596

students who failed to meet standards for promotion to grade 4

597

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

598

deficiency. The READ Initiative shall:

599

     a.  Be provided to all K-3 students at risk of retention as

600

identified by the statewide assessment system used in Reading

601

First schools. The assessment must measure phonemic awareness,

602

phonics, fluency, vocabulary, and comprehension.

603

     b.  Be provided during regular school hours in addition to

604

the regular reading instruction.

605

     c.  Provide a state-identified reading curriculum that has

606

been reviewed by the Florida Center for Reading Research at

607

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

608

specifications:

609

     (I)  Assists students assessed as exhibiting a reading

610

deficiency in developing the ability to read at grade level.

611

     (II)  Provides skill development in phonemic awareness,

612

phonics, fluency, vocabulary, and comprehension.

613

     (III)  Provides scientifically based and reliable

614

assessment.

615

     (IV)  Provides initial and ongoing analysis of each

616

student's reading progress.

617

     (V)  Is implemented during regular school hours.

618

     (VI)  Provides a curriculum in core academic subjects to

619

assist the student in maintaining or meeting proficiency levels

620

for the appropriate grade in all academic subjects.

621

     8.  Establish at each school, where applicable, an Intensive

622

Acceleration Class for retained grade 3 students who subsequently

623

score at Level 1 on the reading portion of the FCAT. The focus of

624

the Intensive Acceleration Class shall be to increase a child's

625

reading level at least two grade levels in 1 school year. The

626

Intensive Acceleration Class shall:

627

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

628

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

629

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

630

reading portion of the FCAT.

631

     b.  Have a reduced teacher-student ratio.

632

     c.  Provide uninterrupted reading instruction for the

633

majority of student contact time each day and incorporate

634

opportunities to master the grade 4 Sunshine State Standards in

635

other core subject areas.

636

     d.  Use a reading program that is scientifically research-

637

based and has proven results in accelerating student reading

638

achievement within the same school year.

639

     e.  Provide intensive language and vocabulary instruction

640

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

641

speech-language therapist.

642

     f.  Include weekly progress monitoring measures to ensure

643

progress is being made.

644

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

645

described by the department, the progress of students in the

646

class at the end of the first semester.

647

     9.  Report to the State Board of Education, as requested, on

648

the specific intensive reading interventions and supports

649

implemented at the school district level. The Commissioner of

650

Education shall annually prescribe the required components of

651

requested reports.

652

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

653

has received intensive instructional services but is still not

654

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

655

the option of being placed in a transitional instructional

656

setting. Such setting shall specifically be designed to produce

657

learning gains sufficient to meet grade 4 performance standards

658

while continuing to remediate the areas of reading deficiency.

659

     Section 8.  Subsections (1) and (2) of section 1008.33,

660

Florida Statutes, are amended to read:

661

     1008.33  Authority to enforce public school improvement.--It

662

is the intent of the Legislature that all public schools be held

663

accountable for students performing at acceptable levels. A

664

system of school improvement and accountability that assesses

665

student performance by school, identifies schools in which

666

students are not making adequate progress toward state standards,

667

institutes appropriate measures for enforcing improvement, and

668

provides rewards and sanctions based on performance shall be the

669

responsibility of the State Board of Education.

670

     (1)(a) Pursuant to Art. IX of the State Constitution

671

prescribing the duty of the State Board of Education to supervise

672

Florida's public school system and notwithstanding any other

673

statutory provisions to the contrary, the State Board of

674

Education shall intervene in the operation of a district school

675

system when one or more schools in the school district have

676

failed to make adequate progress for 2 school years in a 3-year

677

4-year period. For purposes of determining when a school is

678

eligible for state board action and opportunity scholarships for

679

its students, the term terms "2 years in any 4-year period" and

680

"2 school years in a 3-year 4-year period" means mean that in any

681

year that a school has a performance category "Declining," grade

682

of "F," the school is eligible for state board action and

683

opportunity scholarships for its students if it also has had a

684

performance category "Declining" grade of "F" in any of the

685

previous 2 3 school years. The State Board of Education may

686

determine that the school district or school has not taken steps

687

sufficient for students in the school to be academically well

688

served. Considering recommendations of the Commissioner of

689

Education, the State Board of Education shall recommend action to

690

a district school board intended to improve educational services

691

to students in each school that is designated with a performance

692

category "Declining." grade of "F." Recommendations for actions

693

to be taken in the school district shall be made only after

694

thorough consideration of the unique characteristics of a school,

695

which shall include student mobility rates, the number and type

696

of exceptional students enrolled in the school, and the

697

availability of options for improved educational services. The

698

state board shall adopt by rule steps to follow in this process.

699

Such steps shall provide school districts sufficient time to

700

improve student performance in schools and the opportunity to

701

present evidence of assistance and interventions that the

702

district school board has implemented.

703

     (b) A school shall not receive a performance category

704

"Declining" if it has an overall increase in student achievement.

705

This safe-harbor threshold for such a school shall be based on

706

annualized, multiyear improvements documented for the top 25

707

percent of Florida schools for that grade level.

708

     (c) A school shall not receive a performance category

709

"Declining" if it falls below its previous year's grade or

710

performance category but maintains adequate performance standards

711

compared to other public schools in the state.

712

     (d) The State Board of Education shall determine by rule

713

the criteria for designating "Improving," "Maintaining," and

714

"Declining" performance categories for the purposes of the state

715

performance accountability system pursuant to s. 1008.34.

716

     (2)  The State Board of Education may recommend one or more

717

of the following actions to district school boards to enable

718

students in schools designated as performance category

719

"Declining" with a grade of "F" to be academically well served by

720

the public school system:

721

     (a)  Provide additional resources, change certain practices,

722

and provide additional assistance if the state board determines

723

the causes of inadequate progress to be related to school

724

district policy or practice;

725

     (b)  Implement a plan that satisfactorily resolves the

726

education equity problems in the school related to factors that

727

hamper increased student performance;

728

     (c)  Contract for the educational services of the school, or

729

reorganize the school at the end of the school year under a new

730

school principal who is authorized to hire new staff and

731

implement a plan that addresses the causes of inadequate

732

progress. A contract to administer an alternative school may not

733

be entered into with a private entity which contract changes the

734

character of the alternative school population as it existed when

735

the alternative school was administered by the public school

736

system. The term "character of the alternative school population"

737

means the percentage of students having learning disabilities,

738

physical disabilities, emotional disabilities, or developmental

739

disabilities, as well as the percentage of students having

740

discipline problems;

741

     (d)  Allow parents of students in the school to send their

742

children to another district school of their choice; or

743

     (e)  Other action appropriate to improve the school's

744

performance, including, if the school is a high school, requiring

745

annual publication of the school's graduation rate calculated

746

without GED tests for the past 3 years, disaggregated by student

747

ethnicity.

748

     Section 9.  Section 1008.34, Florida Statutes, is amended to

749

read:

750

     1008.34 School performance grading system; school report

751

cards; district performance grade.--

752

     (1)  ANNUAL REPORTS.--The Commissioner of Education shall

753

prepare annual reports of the results of the statewide assessment

754

program which describe student achievement in the state, each

755

district, and each school. The commissioner shall prescribe the

756

design and content of these reports, which must include, without

757

limitation, descriptions of the performance of all schools

758

participating in the assessment program and all of their major

759

student populations as determined by the Commissioner of

760

Education, and must also include the median scores of all

761

eligible students who scored at or in the lowest 25th percentile

762

of the state in the previous school year; provided, however, that

763

the provisions of s. 1002.22 pertaining to student records apply

764

to this section.

765

     (2) SCHOOL PERFORMANCE CATEGORIES GRADES.--The annual

766

report shall identify schools as having one of the following

767

performance categories grades, defined according to rules of the

768

State Board of Education:

769

     (a) "Improving," "A," schools making excellent or above

770

average progress.

771

     (b) "Maintaining," "B," schools making satisfactory or

772

average above average progress.

773

     (c) "Declining," "C," schools making unsatisfactory or

774

below average satisfactory progress.

775

     (d) "D," schools making less than satisfactory progress.

776

     (e) "F," schools failing to make adequate progress.

777

778

Beginning in the 2008-2009 school year, a school that has been

779

designated with a school grade of "F" in a prior school year

780

shall not be designated as performance category "Declining" using

781

the current year's data if that school has met the safe-harbor

782

threshold established in s. 1008.33(1)(b) Each school designated

783

with a grade of "A," making excellent progress, or having

784

improved at least two grade levels, shall have greater authority

785

over the allocation of the school's total budget generated from

786

the FEFP, state categoricals, lottery funds, grants, and local

787

funds, as specified in state board rule. The rule must provide

788

that the increased budget authority shall remain in effect until

789

the school's grade declines.

790

     (3) DESIGNATION OF SCHOOL PERFORMANCE CATEGORIES

791

GRADES.--For purposes of determining school performance, student

792

performance shall be based on all students' annual learning gains

793

and increased student performance compared to the previous year.

794

Each school that has students who are tested and included in the

795

school performance grading system, except an alternative school

796

that receives a school improvement rating pursuant to s.

797

1008.341, shall receive a school performance category designation

798

grade; however, an alternative school may choose to receive a

799

school performance category designation grade under this section

800

in lieu of a school improvement rating. Additionally, a school

801

that serves any combination of students in kindergarten through

802

grade 3 which does not receive a school performance category

803

designation grade because its students are not tested and

804

included in the school performance grading system shall receive

805

the school performance category grade designation of a K-3 feeder

806

pattern school identified by the Department of Education and

807

verified by the school district. A school feeder pattern exists

808

if at least 60 percent of the students in the school serving a

809

combination of students in kindergarten through grade 3 are

810

scheduled to be assigned to the graded school participating in

811

the school performance system. School performance categories

812

grades itemized in subsection (2) shall be based on the

813

following:

814

     (a) Criteria.--A school's performance grade shall be based

815

on a combination of:

816

     1.  Student achievement scores, including achievement scores

817

for students seeking a special diploma.

818

     2. Student learning gains as measured annually by annual

819

FCAT assessments in grades 3 through 10; learning gains for

820

students seeking a special diploma, as measured by an alternate

821

assessment tool, shall be included not later than the 2009-2010

822

school year.

823

     3.  Improvement of the lowest 25th percentile of students in

824

the school in reading, math, or writing on the FCAT and on non-

825

FCAT measures, unless these students are exhibiting satisfactory

826

performance.

827

     4. Beginning in the 2008-2009 school year, the following

828

weighted factors according to rules adopted by the State Board of

829

Education:

830

     a. Fifty percent based on student FCAT scores.

831

     b. Fifty percent based on non-FCAT measures as determined

832

by the Department of Education.

833

     (b)  Student assessment data.--Student assessment data used

834

in determining school performance grades shall include:

835

     1.  The aggregate scores of all eligible students enrolled

836

in the school who have been assessed on the FCAT and on non-FCAT

837

measures.

838

     2.  The aggregate scores of all eligible students enrolled

839

in the school who have been assessed on the FCAT, including

840

Florida Writes, and on non-FCAT measures and who have scored at

841

or in the lowest 25th percentile of students in the school in

842

reading, math, or writing, unless these students are exhibiting

843

satisfactory performance.

844

     3.  Effective with the 2005-2006 school year, the

845

achievement scores and learning gains of eligible students

846

attending alternative schools that provide dropout prevention and

847

academic intervention services pursuant to s. 1003.53. The term

848

"eligible students" in this subparagraph does not include

849

students attending an alternative school who are subject to

850

district school board policies for expulsion for repeated or

851

serious offenses, who are in dropout retrieval programs serving

852

students who have officially been designated as dropouts, or who

853

are in programs operated or contracted by the Department of

854

Juvenile Justice. The student performance data for eligible

855

students identified in this subparagraph shall be included in the

856

calculation of the home school's performance grade. For purposes

857

of this section and s. 1008.341, "home school" means the school

858

the student was attending when assigned to an alternative school.

859

If an alternative school chooses to be designated graded pursuant

860

to this section, student performance data for eligible students

861

identified in this subparagraph shall not be included in the home

862

school's performance grade but shall be included only in the

863

calculation of the alternative school's performance grade. School

864

districts must require collaboration between the home school and

865

the alternative school in order to promote student success.

866

867

The State Board of Education shall adopt appropriate criteria for

868

each school performance category grade. The criteria must also

869

give added weight to student achievement in reading. Schools

870

designated with a performance category "Maintaining" grade of

871

"C," making satisfactory progress, shall be required to

872

demonstrate that adequate progress has been made by students in

873

the school who are in the lowest 25th percentile in reading,

874

math, or writing on the FCAT, including Florida Writes, and on

875

non-FCAT measures, unless these students are exhibiting

876

satisfactory performance.

877

     (4)  SCHOOL IMPROVEMENT RATINGS.--The annual report shall

878

identify each school's performance as having improved, remained

879

the same, or declined. This school improvement rating shall be

880

based on a comparison of the current year's and previous year's

881

student and school performance data. Schools that improve at

882

least one grade level are eligible for school recognition awards

883

pursuant to s. 1008.36.

884

     (5)  SCHOOL REPORT CARD.--The Department of Education shall

885

annually develop, in collaboration with the school districts, a

886

school report card to be delivered to parents throughout each

887

school district. The report card shall include the school's

888

performance category grade, information regarding school

889

improvement, an explanation of school performance as evaluated by

890

the federal No Child Left Behind Act of 2001, and indicators of

891

return on investment. Each school's report card shall be

892

published annually by the department on its website, and the

893

school district shall provide the school report card to each

894

parent.

895

     (6)  PERFORMANCE-BASED FUNDING.--The Legislature may factor

896

in the performance of schools in calculating any performance-

897

based funding policy that is provided for annually in the General

898

Appropriations Act.

899

     (7) DISTRICT PERFORMANCE GRADE.--

900

     (a) The annual report required by subsection (1) shall

901

include district performance grades, which shall consist of

902

weighted district average performance grades, by level, for all

903

elementary schools, middle schools, and high schools in the

904

district. A district's weighted average performance grade shall

905

be calculated by weighting individual school performance grades

906

determined pursuant to subsection (2) by school enrollment.

907

     (b) School districts shall have a variety of tools at their

908

disposal to maintain high performance standards. These tools

909

shall include, but are not limited to, giving to schools that

910

receive a performance category "Improving" greater authority over

911

the allocation of the school's total budget generated from the

912

FEFP, state categoricals, lottery funds, grants, and local funds,

913

as specified in State Board of Education rule. The rule must

914

provide that the increased budget authority shall remain in

915

effect unless the school's performance category declines.

916

     Section 10.  Subsections (2) and (3) of section 1008.341,

917

Florida Statutes, are amended to read:

918

     1008.341  School improvement rating for alternative

919

schools.--

920

     (2)  SCHOOL IMPROVEMENT RATING.--Alternative schools that

921

provide dropout prevention and academic intervention services

922

pursuant to s. 1003.53 shall receive a school improvement rating

923

pursuant to this section. The school improvement rating shall

924

identify schools as having one of the following ratings defined

925

according to rules of the State Board of Education:

926

     (a)  "Improving" means schools with students making more

927

academic progress than when the students were served in their

928

home schools.

929

     (b)  "Maintaining" means schools with students making

930

progress equivalent to the progress made when the students were

931

served in their home schools.

932

     (c)  "Declining" means schools with students making less

933

academic progress than when the students were served in their

934

home schools.

935

936

The school improvement rating shall be based on a comparison of

937

student performance data for the current year and previous year.

938

Schools that improve at least one level or maintain an

939

"improving" rating pursuant to this section are eligible for

940

school recognition awards pursuant to s. 1008.36.

941

     (3)  DESIGNATION OF SCHOOL IMPROVEMENT RATING.--Student data

942

used in determining an alternative school's school improvement

943

rating shall include:

944

     (a)  The aggregate scores of all eligible students who were

945

assigned to and enrolled in the school during the October or

946

February FTE count, who have been assessed on the FCAT and on

947

non-FCAT measures, and who have FCAT or comparable scores for the

948

preceding school year.

949

     (b)  The aggregate scores of all eligible students who were

950

assigned to and enrolled in the school during the October or

951

February FTE count, who have been assessed on the FCAT, including

952

Florida Writes, and on non-FCAT measures, and who have scored in

953

the lowest 25th percentile of students in the state on the FCAT

954

and on non-FCAT measures Reading.

955

956

The assessment scores of students who are subject to district

957

school board policies for expulsion for repeated or serious

958

offenses, who are in dropout retrieval programs serving students

959

who have officially been designated as dropouts, or who are in

960

programs operated or contracted by the Department of Juvenile

961

Justice may not be included in an alternative school's school

962

improvement rating.

963

     Section 11.  Section 1008.36, Florida Statutes, is amended

964

to read:

965

     1008.36 Every Child Matters Florida School Recognition

966

Program.--

967

     (1) The Legislature finds that in order to provide every

968

student enrolled in K-12 public schools with the opportunity to

969

achieve a successful public education, academic problems must be

970

identified early, with remediation and intervention services to

971

follow. It is the intent of this section that no child shall be

972

left behind there is a need for a performance incentive program

973

for outstanding faculty and staff in highly productive schools.

974

The Legislature further finds that performance-based incentives

975

are commonplace in the private sector and should be infused into

976

the public sector as a reward for productivity.

977

     (2) The Every Child Matters Florida School Recognition

978

Program is created to provide financial awards to public schools

979

that:

980

     (a) A curriculum-based, year-round measurement of learning

981

gains for all public school students enrolled in kindergarten

982

through grade 12. Sustain high performance by receiving a school

983

grade of "A," making excellent progress; or

984

     (b) Remediation and intervention services to all public

985

school students enrolled in kindergarten through grade 12 who are

986

not meeting grade-appropriate performance expectations, including

987

FCAT scores and non-FCAT measures Demonstrate exemplary

988

improvement due to innovation and effort by improving a letter

989

grade.

990

     (3) All public schools, including charter schools, that

991

receive a school grade pursuant to s. 1008.34 are eligible to

992

participate in the program.

993

     (4) All selected schools shall receive financial assistance

994

awards depending on the availability of funds appropriated and

995

the number and size of schools selected to receive an award.

996

Funds must be distributed to the school's fiscal agent and placed

997

in the school's account and must be used for purposes listed in

998

subsection (5) as determined jointly by the school's staff and

999

school advisory council. If school staff and the school advisory

1000

council cannot reach agreement by November 1, the awards must be

1001

equally distributed to all classroom teachers currently teaching

1002

in the school.

1003

     (5) Every Child Matters Program funds School recognition

1004

awards must be used for the following:

1005

     (a) Administration of a regular formative assessment

1006

approved by the State Board of Education. Nonrecurring bonuses to

1007

the faculty and staff;

1008

     (b) Nonrecurring expenditures for remediation of low-

1009

performing students, including remediation programs and

1010

intervention services adopted and administered by the Department

1011

of Education.

1012

     (c)(b) Nonrecurring expenditures for educational equipment

1013

or materials to assist in the remediation of low-performing

1014

students. maintaining and improving student performance; or

1015

     (d)(c) Temporary personnel for the school to assist in the

1016

remediation of low-performing students maintaining and improving

1017

student performance.

1018

     (e) Contracts with private sector participants to provide

1019

remediation services provided that 90 percent of the personnel

1020

providing services reside in the state and that the contracts

1021

include requirements to ensure that the private sector

1022

participants are accountable for performance.

1023

     (f) Transportation of students pursuant to s. 1002.31.

1024

     (6) The Department of Education shall provide training and

1025

informational resources for educators to administer the formative

1026

assessment pursuant to paragraph (5)(a) and shall be responsible

1027

for developing and implementing provisions for the collection and

1028

analysis of the assessment data.

1029

     (7) The Department of Education shall establish policies

1030

and procedures for the development of individual education plans

1031

for low-performing students who receive remediation and

1032

intervention services pursuant to this section.

1033

1034

Notwithstanding statutory provisions to the contrary, incentive

1035

awards are not subject to collective bargaining.

1036

     Section 12.  Paragraphs (a), (c), and (d) of subsection (16)

1037

and paragraph (d) of subsection (17) of section 1001.42, Florida

1038

Statutes, are amended to read:

1039

     1001.42  Powers and duties of district school board.--The

1040

district school board, acting as a board, shall exercise all

1041

powers and perform all duties listed below:

1042

     (16)  IMPLEMENT SCHOOL IMPROVEMENT AND

1043

ACCOUNTABILITY.--Maintain a system of school improvement and

1044

education accountability as provided by statute and State Board

1045

of Education rule. This system of school improvement and

1046

education accountability shall be consistent with, and

1047

implemented through, the district's continuing system of planning

1048

and budgeting required by this section and ss. 1008.385, 1010.01,

1049

and 1011.01. This system of school improvement and education

1050

accountability shall include, but is not limited to, the

1051

following:

1052

     (a)  School improvement plans.--Annually approve and require

1053

implementation of a new, amended, or continuation school

1054

improvement plan for each school in the district. A district

1055

school board may establish a district school improvement plan

1056

that includes all schools in the district operating for the

1057

purpose of providing educational services to youth in Department

1058

of Juvenile Justice programs. The school improvement plan shall

1059

be designed to achieve the state education priorities pursuant to

1060

s. 1000.03(5) and student proficiency on the Sunshine State

1061

Standards pursuant to s. 1003.41. Each plan shall address student

1062

achievement goals and strategies based on state and school

1063

district proficiency standards. The plan may also address issues

1064

relative to other academic-related matters, as determined by

1065

district school board policy, and shall include an accurate,

1066

data-based analysis of student achievement and other school

1067

performance data. Beginning with plans approved for

1068

implementation in the 2007-2008 school year, each secondary

1069

school plan must include a redesign component based on the

1070

principles established in s. 1003.413. For each school in the

1071

district that earns a performance category "Declining," school

1072

grade of "C" or below, or is required to have a school

1073

improvement plan under federal law, the school improvement plan

1074

shall, at a minimum, also include:

1075

     1.  Professional development that supports enhanced and

1076

differentiated instructional strategies to improve teaching and

1077

learning.

1078

     2.  Continuous use of disaggregated student achievement data

1079

to determine effectiveness of instructional strategies.

1080

     3.  Ongoing informal and formal assessments to monitor

1081

individual student progress, including progress toward mastery of

1082

the Sunshine State Standards, and to redesign instruction if

1083

needed.

1084

     4.  Alternative instructional delivery methods to support

1085

remediation, acceleration, and enrichment strategies.

1086

     (c)  Assistance and intervention.--

1087

     1.  Develop a 2-year plan of increasing individualized

1088

assistance and intervention for each school in danger of not

1089

meeting state standards or making adequate progress, as defined

1090

pursuant to statute and State Board of Education rule, toward

1091

meeting the goals and standards of its approved school

1092

improvement plan.

1093

     2.  Provide assistance and intervention to a school that is

1094

designated with a performance category "Declining" grade of "D"

1095

pursuant to s. 1008.34 and is in danger of failing.

1096

     3.  Develop a plan to encourage teachers with demonstrated

1097

mastery in improving student performance to remain at or transfer

1098

to a school with a performance category "Declining" grade of "D"

1099

or "F" or to an alternative school that serves disruptive or

1100

violent youths. If a classroom teacher, as defined by s.

1101

1012.01(2)(a), who meets the definition of teaching mastery

1102

developed according to the provisions of this paragraph, requests

1103

assignment to a school designated with a performance category

1104

"Declining" grade of "D" or "F" or to an alternative school that

1105

serves disruptive or violent youths, the district school board

1106

shall make every practical effort to grant the request.

1107

     4.  Prioritize, to the extent possible, the expenditures of

1108

funds received from the supplemental academic instruction

1109

categorical fund under s. 1011.62(1)(f) to improve student

1110

performance in schools that receive a performance category

1111

"Declining." grade of "D" or "F."

1112

     (d)  After 2 years.--Notify the Commissioner of Education

1113

and the State Board of Education in the event any school does not

1114

make adequate progress toward meeting the goals and standards of

1115

a school improvement plan by the end of 2 years of failing to

1116

make adequate progress and proceed according to guidelines

1117

developed pursuant to statute and State Board of Education rule.

1118

School districts shall provide intervention and assistance to

1119

schools in danger of being designated with a performance category

1120

"Declining." grade of "F," failing to make adequate progress.

1121

     (17)  LOCAL-LEVEL DECISIONMAKING.--

1122

     (d)  Adopt policies that assist in giving greater autonomy,

1123

including authority over the allocation of the school's budget,

1124

to schools designated with a performance category "Improving."

1125

grade of "A," making excellent progress, and schools rated as

1126

having improved at least two grades.

1127

     Section 13.  Paragraph (b) of subsection (7) and paragraphs

1128

(o) and (p) of subsection (9) of section 1002.33, Florida

1129

Statutes, are amended to read:

1130

     1002.33  Charter schools.--

1131

     (7)  CHARTER.--The major issues involving the operation of a

1132

charter school shall be considered in advance and written into

1133

the charter. The charter shall be signed by the governing body of

1134

the charter school and the sponsor, following a public hearing to

1135

ensure community input.

1136

     (b)1.  A charter may be renewed provided that a program

1137

review demonstrates that the criteria in paragraph (a) have been

1138

successfully accomplished and that none of the grounds for

1139

nonrenewal established by paragraph (8)(a) has been documented.

1140

In order to facilitate long-term financing for charter school

1141

construction, charter schools operating for a minimum of 3 years

1142

and demonstrating exemplary academic programming and fiscal

1143

management are eligible for a 15-year charter renewal. Such long-

1144

term charter is subject to annual review and may be terminated

1145

during the term of the charter.

1146

     2.  The 15-year charter renewal that may be granted pursuant

1147

to subparagraph 1. shall be granted to a charter school that has

1148

received a performance category "Improving" or "Maintaining"

1149

school grade of "A" or "B" pursuant to s. 1008.34 in 3 of the

1150

past 4 years and is not in a state of financial emergency or

1151

deficit position as defined by this section. Such long-term

1152

charter is subject to annual review and may be terminated during

1153

the term of the charter pursuant to subsection (8).

1154

     (9)  CHARTER SCHOOL REQUIREMENTS.--

1155

     (o)  The director and a representative of the governing body

1156

of a charter school that has received a performance category

1157

"Declining" school grade of "D" under s. 1008.34(2) shall appear

1158

before the sponsor or the sponsor's staff at least once a year to

1159

present information concerning each contract component having

1160

noted deficiencies. The sponsor shall communicate at the meeting,

1161

and in writing to the director, the services provided to the

1162

school to help the school address its deficiencies.

1163

     (p)  Upon notification that a charter school receives a

1164

performance category "Declining" school grade of "D" for 2

1165

consecutive years or a school grade of "F" under s. 1008.34(2),

1166

the charter school sponsor or the sponsor's staff shall require

1167

the director and a representative of the governing body to submit

1168

to the sponsor for approval a school improvement plan to raise

1169

student achievement and to implement the plan. The sponsor has

1170

the authority to approve a school improvement plan that the

1171

charter school will implement in the following school year. The

1172

sponsor may also consider the State Board of Education's

1173

recommended action pursuant to s. 1008.33(1) as part of the

1174

school improvement plan. The Department of Education shall offer

1175

technical assistance and training to the charter school and its

1176

governing body and establish guidelines for developing,

1177

submitting, and approving such plans.

1178

     1.  If the charter school fails to improve its student

1179

performance from the year immediately prior to the implementation

1180

of the school improvement plan, the sponsor shall place the

1181

charter school on probation and shall require the charter school

1182

governing body to take one of the following corrective actions:

1183

     a.  Contract for the educational services of the charter

1184

school;

1185

     b.  Reorganize the school at the end of the school year

1186

under a new director or principal who is authorized to hire new

1187

staff and implement a plan that addresses the causes of

1188

inadequate progress; or

1189

     c.  Reconstitute the charter school.

1190

     2.  A charter school that is placed on probation shall

1191

continue the corrective actions required under subparagraph 1.

1192

until the charter school improves its student performance from

1193

the year prior to the implementation of the school improvement

1194

plan.

1195

     3.  Notwithstanding any provision of this paragraph, the

1196

sponsor may terminate the charter at any time pursuant to the

1197

provisions of subsection (8).

1198

     Section 14.  Subsection (7) and paragraph (a) of subsection

1199

(8) of section 1002.415, Florida Statutes, are amended to read:

1200

     1002.415  K-8 Virtual School Program.--Subject to annual

1201

legislative appropriation, a kindergarten through grade 8 virtual

1202

school program is established within the Department of Education

1203

for the purpose of making academic instruction available to full-

1204

time students in kindergarten through grade 8 using online and

1205

distance learning technology. The department shall use an

1206

application process to select schools to deliver program

1207

instruction.

1208

     (7)  ASSESSMENT AND ACCOUNTABILITY.--

1209

     (a)  Each K-8 virtual school must participate in the

1210

statewide assessment program created under s. 1008.22 and shall

1211

be subject to the school performance grading system created by s.

1212

1008.34.

1213

     (b) A K-8 virtual school that has a performance grade

1214

category "Declining" of "D" or "F" must file a school improvement

1215

plan with the department for consultation to determine the causes

1216

for low performance and to develop a plan for correction and

1217

improvement.

1218

     (c)  The department shall terminate the contract of any K-8

1219

virtual school that receives a performance grade category

1220

"Declining" of "D" or "F" for 2 years in a 3-year during any

1221

consecutive 4-year period.

1222

     (8)  CAUSES FOR NONRENEWAL OR TERMINATION OF A CONTRACT.--

1223

     (a)  At the end of a contract with a K-8 virtual school, the

1224

department may choose not to renew the contract for any of the

1225

following grounds:

1226

     1.  Failure to participate in the state's education

1227

accountability system created in s. 1008.31, as required in this

1228

section;

1229

     2. Failure to receive a school performance category

1230

"Maintaining" grade of "C" or better under the school performance

1231

grading system created by s. 1008.34 for any 2 years in a 3-year

1232

consecutive 4-year period;

1233

     3.  Failure to meet generally accepted standards of fiscal

1234

management;

1235

     4.  Violation of law;

1236

     5.  Failure of the Legislature to fund the program; or

1237

     6.  Other good cause shown.

1238

     Section 15.  Paragraph (a) of subsection (1) of section

1239

1003.62, Florida Statutes, is amended to read:

1240

     1003.62  Academic performance-based charter school

1241

districts.--The State Board of Education may enter into a

1242

performance contract with district school boards as authorized in

1243

this section for the purpose of establishing them as academic

1244

performance-based charter school districts. The purpose of this

1245

section is to examine a new relationship between the State Board

1246

of Education and district school boards that will produce

1247

significant improvements in student achievement, while complying

1248

with constitutional and statutory requirements assigned to each

1249

entity.

1250

     (1)  ACADEMIC PERFORMANCE-BASED CHARTER SCHOOL DISTRICT.--

1251

     (a)  A school district shall be eligible for designation as

1252

an academic performance-based charter school district if it is a

1253

high-performing school district in which a minimum of 50 percent

1254

of the schools earn a performance category "Improving" grade of

1255

"A" or "B" and in which no school earns a performance category

1256

"Declining" grade of "D" or "F" for 2 consecutive years pursuant

1257

to s. 1008.34. Schools that receive a grade of "I" or "N" shall

1258

not be included in this calculation. The performance contract for

1259

a school district that earns a charter based on school

1260

performance grades shall be predicated on maintenance of at least

1261

50 percent of the schools in the school district earning a

1262

performance category "Improving" grade of "A" or "B" with no

1263

school in the school district earning a performance category

1264

"Declining" grade of "D" or "F" for 2 consecutive years. A school

1265

district in which the number of schools that earn a performance

1266

category "Improving" grade of "A" or "B" is less than 50 percent

1267

may have its charter renewed for 1 year; however, if the

1268

percentage of performance category "Improving" "A" or "B" schools

1269

is less than 50 percent for 2 consecutive years, the charter

1270

shall not be renewed.

1271

     Section 16.  Paragraphs (a) and (d) of subsection (1) of

1272

section 1003.621, Florida Statutes, are amended to read:

1273

     1003.621  Academically high-performing school districts.--It

1274

is the intent of the Legislature to recognize and reward school

1275

districts that demonstrate the ability to consistently maintain

1276

or improve their high-performing status. The purpose of this

1277

section is to provide high-performing school districts with

1278

flexibility in meeting the specific requirements in statute and

1279

rules of the State Board of Education.

1280

     (1)  ACADEMICALLY HIGH-PERFORMING SCHOOL DISTRICT.--

1281

     (a)  A school district is an academically high-performing

1282

school district if it meets the following criteria:

1283

     1.a.  Beginning with the 2004-2005 school year, earns a

1284

performance category "Improving" grade of "A" under s. 1008.34(7)

1285

for 2 consecutive years; and

1286

     b. Has no district-operated school that earns a performance

1287

category "Declining" grade of "F" under s. 1008.34;

1288

     2.  Complies with all class size requirements in s. 1, Art.

1289

IX of the State Constitution and s. 1003.03; and

1290

     3.  Has no material weaknesses or instances of material

1291

noncompliance noted in the annual financial audit conducted

1292

pursuant to s. 218.39.

1293

     (d)  In order to maintain the designation as an academically

1294

high-performing school district pursuant to this section, a

1295

school district must meet the following requirements:

1296

     1.  Comply with the provisions of subparagraphs(a)2. and 3.;

1297

and

1298

     2. Earn a performance category "Improving" grade of "A"

1299

under s. 1008.34(7) for 2 years within a 3-year period.

1300

1301

However, a district in which a district-operated school earns a

1302

performance category "Declining" grade of "F" under s. 1008.34

1303

during the 3-year period may not continue to be designated as an

1304

academically high-performing school district during the remainder

1305

of that 3-year period. The district must meet the criteria in

1306

paragraph (a) in order to be redesignated as an academically

1307

high-performing school district.

1308

     Section 17.  Paragraph (b) of subsection (1) of section

1309

1008.31, Florida Statutes, is amended to read:

1310

     1008.31  Florida's K-20 education performance accountability

1311

system; legislative intent; mission, goals, and systemwide

1312

measures; data quality improvements.--

1313

     (1)  LEGISLATIVE INTENT.--It is the intent of the

1314

Legislature that:

1315

     (b)  The K-20 education performance accountability system be

1316

established as a single, unified accountability system with

1317

multiple components, including, but not limited to, measures of

1318

adequate yearly progress, individual student learning gains in

1319

public schools, school performance categories grades, and return

1320

on investment.

1321

     Section 18.  Paragraphs (b) and (d) of subsection (6) and

1322

subsection (7) of section 1008.345, Florida Statutes, are amended

1323

to read:

1324

     1008.345  Implementation of state system of school

1325

improvement and education accountability.--

1326

     (6)

1327

     (b)  Upon request, the department shall provide technical

1328

assistance and training to any school, including any school

1329

operating for the purpose of providing educational services to

1330

youth in Department of Juvenile Justice programs, school advisory

1331

council, district, or district school board for conducting needs

1332

assessments, developing and implementing school improvement

1333

plans, developing and implementing assistance and intervention

1334

plans, or implementing other components of school improvement and

1335

accountability. Priority for these services shall be given to

1336

schools designated with a performance category "Declining" grade

1337

of "D" or "F" and school districts in rural and sparsely

1338

populated areas of the state.

1339

     (d)  The commissioner shall assign a community assessment

1340

team to each school district or governing board with a school

1341

receiving a performance category "Declining" graded "F" to review

1342

the school performance data and determine causes for the low

1343

performance, including the role of school, area, and district

1344

administrative personnel. The community assessment team shall

1345

review a high school's graduation rate calculated without GED

1346

tests for the past 3 years, disaggregated by student ethnicity.

1347

The team shall make recommendations to the school board or the

1348

governing board, to the department, and to the State Board of

1349

Education for implementing an assistance and intervention plan

1350

that will address the causes of the school's low performance. The

1351

assessment team shall include, but not be limited to, a

1352

department representative, parents, business representatives,

1353

educators, representatives of local governments, and community

1354

activists, and shall represent the demographics of the community

1355

from which they are appointed.

1356

     (7)(a) Schools designated with a performance category

1357

"Improving" a grade of "A," making excellent progress, shall, if

1358

requested by the school, be given deregulated status as specified

1359

in s. 1003.63(5), (7), (8), (9), and (10).

1360

     (b) Schools that have improved at least two grades and that

1361

meet the criteria of the Florida School Recognition Program

1362

pursuant to s. 1008.36 may be given deregulated status as

1363

specified in s. 1003.63(5), (7), (8), (9), and (10).

1364

     Section 19.  Paragraphs (h), (m), and (n) of subsection (1)

1365

and paragraph (d) of subsection (7) of section 1011.62, Florida

1366

Statutes, are amended to read:

1367

     1011.62  Funds for operation of schools.--If the annual

1368

allocation from the Florida Education Finance Program to each

1369

district for operation of schools is not determined in the annual

1370

appropriations act or the substantive bill implementing the

1371

annual appropriations act, it shall be determined as follows:

1372

     (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR

1373

OPERATION.--The following procedure shall be followed in

1374

determining the annual allocation to each district for operation:

1375

     (h)  Small, isolated high schools.--Districts which levy the

1376

maximum nonvoted discretionary millage, exclusive of millage for

1377

capital outlay purposes levied pursuant to s. 1011.71(2), may

1378

calculate full-time equivalent students for small, isolated high

1379

schools by multiplying the number of unweighted full-time

1380

equivalent students times 2.75; provided the school has attained

1381

a performance category "Maintaining" grade of "C" or better,

1382

pursuant to s. 1008.34, for the previous school year. For the

1383

purpose of this section, the term "small, isolated high school"

1384

means any high school which is located no less than 28 miles by

1385

the shortest route from another high school; which has been

1386

serving students primarily in basic studies provided by sub-

1387

subparagraphs (c)1.b. and c. and may include subparagraph (c)4.;

1388

and which has a membership of no more than 100 students, but no

1389

fewer than 28 students, in grades 9 through 12.

1390

     (m)  Calculation of additional full-time equivalent

1391

membership based on Advanced International Certificate of

1392

Education examination scores of students.--A value of 0.24 full-

1393

time equivalent student membership shall be calculated for each

1394

student enrolled in a full-credit Advanced International

1395

Certificate of Education course who receives a score of E or

1396

higher on a subject examination. A value of 0.12 full-time

1397

equivalent student membership shall be calculated for each

1398

student enrolled in a half-credit Advanced International

1399

Certificate of Education course who receives a score of E or

1400

higher on a subject examination. A value of 0.3 full-time

1401

equivalent student membership shall be calculated for each

1402

student who receives an Advanced International Certificate of

1403

Education diploma. Such value shall be added to the total full-

1404

time equivalent student membership in basic programs for grades 9

1405

through 12 in the subsequent fiscal year. The school district

1406

shall distribute to each classroom teacher who provided Advanced

1407

International Certificate of Education instruction:

1408

     1.  A bonus in the amount of $50 for each student taught by

1409

the Advanced International Certificate of Education teacher in

1410

each full-credit Advanced International Certificate of Education

1411

course who receives a score of E or higher on the Advanced

1412

International Certificate of Education examination. A bonus in

1413

the amount of $25 for each student taught by the Advanced

1414

International Certificate of Education teacher in each half-

1415

credit Advanced International Certificate of Education course who

1416

receives a score of E or higher on the Advanced International

1417

Certificate of Education examination.

1418

     2.  An additional bonus of $500 to each Advanced

1419

International Certificate of Education teacher in a school

1420

designated with a performance category "Declining" grade of "D"

1421

or "F" who has at least one student scoring E or higher on the

1422

full-credit Advanced International Certificate of Education

1423

examination, regardless of the number of classes taught or of the

1424

number of students scoring an E or higher on the full-credit

1425

Advanced International Certificate of Education examination.

1426

     3.  Additional bonuses of $250 each to teachers of half-

1427

credit Advanced International Certificate of Education classes in

1428

a school designated with a performance category "Declining" grade

1429

of "D" or "F" which has at least one student scoring an E or

1430

higher on the half-credit Advanced International Certificate of

1431

Education examination in that class. The maximum additional bonus

1432

for a teacher awarded in accordance with this subparagraph shall

1433

not exceed $500 in any given school year. Teachers receiving an

1434

award under subparagraph 2. are not eligible for a bonus under

1435

this subparagraph.

1436

1437

Bonuses awarded to a teacher according to this paragraph shall

1438

not exceed $2,000 in any given school year and shall be in

1439

addition to any regular wage or other bonus the teacher received

1440

or is scheduled to receive.

1441

     (n)  Calculation of additional full-time equivalent

1442

membership based on college board advanced placement scores of

1443

students.--A value of 0.24 full-time equivalent student

1444

membership shall be calculated for each student in each advanced

1445

placement course who receives a score of 3 or higher on the

1446

College Board Advanced Placement Examination for the prior year

1447

and added to the total full-time equivalent student membership in

1448

basic programs for grades 9 through 12 in the subsequent fiscal

1449

year. Each district must allocate at least 80 percent of the

1450

funds provided to the district for advanced placement

1451

instruction, in accordance with this paragraph, to the high

1452

school that generates the funds. The school district shall

1453

distribute to each classroom teacher who provided advanced

1454

placement instruction:

1455

     1.  A bonus in the amount of $50 for each student taught by

1456

the Advanced Placement teacher in each advanced placement course

1457

who receives a score of 3 or higher on the College Board Advanced

1458

Placement Examination.

1459

     2.  An additional bonus of $500 to each Advanced Placement

1460

teacher in a school designated with a performance category

1461

"Declining" grade of "D" or "F" who has at least one student

1462

scoring 3 or higher on the College Board Advanced Placement

1463

Examination, regardless of the number of classes taught or of the

1464

number of students scoring a 3 or higher on the College Board

1465

Advanced Placement Examination.

1466

1467

Bonuses awarded to a teacher according to this paragraph shall

1468

not exceed $2,000 in any given school year and shall be in

1469

addition to any regular wage or other bonus the teacher received

1470

or is scheduled to receive.

1471

     (7)  DETERMINATION OF SPARSITY SUPPLEMENT.--

1472

     (d)  Each district's allocation of sparsity supplement funds

1473

shall be adjusted in the following manner:

1474

     1.  A maximum discretionary levy per FTE value for each

1475

district shall be calculated by dividing the value of each

1476

district's maximum discretionary levy by its FTE student count.

1477

     2.  A state average discretionary levy value per FTE shall

1478

be calculated by dividing the total maximum discretionary levy

1479

value for all districts by the state total FTE student count.

1480

     3.  A total potential funds per FTE for each district shall

1481

be calculated by dividing the total potential funds, not

1482

including Every Child Matters Program Florida School Recognition

1483

Program funds and the minimum guarantee, for each district by its

1484

FTE student count.

1485

     4.  A state average total potential funds per FTE shall be

1486

calculated by dividing the total potential funds, not including

1487

Every Child Matters Program Florida School Recognition Program

1488

funds and the minimum guarantee, for all districts by the state

1489

total FTE student count.

1490

     5.  For districts that have a levy value per FTE as

1491

calculated in subparagraph 1. higher than the state average

1492

calculated in subparagraph 2., a sparsity wealth adjustment shall

1493

be calculated as the product of the difference between the state

1494

average levy value per FTE calculated in subparagraph 2. and the

1495

district's levy value per FTE calculated in subparagraph 1. and

1496

the district's FTE student count and -1. However, no district

1497

shall have a sparsity wealth adjustment that, when applied to the

1498

total potential funds calculated in subparagraph 3., would cause

1499

the district's total potential funds per FTE to be less than the

1500

state average calculated in subparagraph 4.

1501

     6.  Each district's sparsity supplement allocation shall be

1502

calculated by adding the amount calculated as specified in

1503

paragraphs (a) and (b) and the wealth adjustment amount

1504

calculated in this paragraph.

1505

     Section 20.  Paragraph (a) of subsection (2) of section

1506

1011.64, Florida Statutes, is amended to read:

1507

     1011.64  School district minimum classroom expenditure

1508

requirements.--

1509

     (2)  For the purpose of implementing the provisions of this

1510

section, the Legislature shall prescribe minimum academic

1511

performance standards and minimum classroom expenditure

1512

requirements for districts not meeting such minimum academic

1513

performance standards in the General Appropriations Act.

1514

     (a)  Minimum academic performance standards may be based on,

1515

but are not limited to, district performance grades determined

1516

pursuant to s. 1008.34(7).

1517

     Section 21.  Subsections (1), (2), and (5) of section

1518

1012.2315, Florida Statutes, are amended to read:

1519

     1012.2315  Assignment of teachers.--

1520

     (1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature finds

1521

disparities between teachers assigned to teach in a majority of

1522

"A" graded schools receiving a performance category "Improving"

1523

and teachers assigned to teach in a majority of "F" graded

1524

schools receiving a performance category "Declining." The

1525

disparities can be found in the average years of experience, the

1526

median salary, and the performance of the teachers on teacher

1527

certification examinations. It is the intent of the Legislature

1528

that district school boards have flexibility through the

1529

collective bargaining process to assign teachers more equitably

1530

across the schools in the district.

1531

     (2) ASSIGNMENT TO SCHOOLS. GRADED "D" OR "F."--School

1532

districts may not assign a higher percentage than the school

1533

district average of first-time teachers, temporarily certified

1534

teachers, teachers in need of improvement, or out-of-field

1535

teachers to schools with above the school district average of

1536

minority and economically disadvantaged students or schools that

1537

are designated performance category "Declining." graded "D" or

1538

"F." Each school district shall annually certify to the

1539

Commissioner of Education that this requirement has been met. If

1540

the commissioner determines that a school district is not in

1541

compliance with this subsection, the State Board of Education

1542

shall be notified and shall take action pursuant to s. 1008.32 in

1543

the next regularly scheduled meeting to require compliance.

1544

     (5) REPORT.--Schools receiving a performance category

1545

"Declining" graded "D" or "F" shall annually report their

1546

teacher-retention rate. Included in this report shall be reasons

1547

listed for leaving by each teacher who left the school for any

1548

reason.

1549

     Section 22.  This act shall take effect July 1, 2008.