HB 1203

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	of Education intervention in the operation of a district
16	school system; requiring state board rulemaking relating
17	to 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, 1002.45, 1003.62, 1003.621, 1008.31,
33	1008.345, 1011.62, 1011.64, and 1012.2315, F.S.;
34	conforming 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
46	to 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
55	(7), and subsection (8) of section 1003.428, Florida Statutes,
56	are 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(10).
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
71	by 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
82	a 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
92	forgiveness policy must allow the replacement of the grade with
93	a grade of "C" or higher, or the equivalent of a grade of "C" or
94	higher, earned subsequently in the same or comparable course. In
95	all cases of grade forgiveness, only the new grade shall be used
96	in the calculation of the student's grade point average. Any
97	course 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
106	Board of Education. However, any student who is otherwise
107	entitled to a certificate of completion may elect to remain in
108	the secondary school either as a full-time student or a part-
109	time student for up to 1 additional year and receive special
110	instruction designed to remedy his or her identified
111	deficiencies.
112	(8)(a)  Each district school board must provide instruction
113	to prepare students with disabilities to demonstrate proficiency
114	in the core content knowledge and skills necessary for
115	successful grade-to-grade progression and high school
116	graduation.
117	(b)  A student with a disability, as defined in s.
118	1007.02(2), for whom the individual education plan (IEP)
119	committee determines that the FCAT cannot accurately measure the
120	student's abilities taking into consideration all allowable
121	accommodations, shall have the FCAT requirement of paragraph
122	(4)(b) waived for the purpose of receiving a standard high
123	school diploma, if the student:
124	1.  Completes the minimum number of credits and other
125	requirements prescribed by subsections (1), (2), and (3).
126	2.  Does not meet the requirements of paragraph (4)(b)
127	after one opportunity in 10th grade and one opportunity in 11th
128	grade.
129	Section 3.  Subsection (6) of section 1003.429, Florida
130	Statutes, is amended to read:
131	1003.429  Accelerated high school graduation options.--
132	(6)  Students pursuing accelerated 3-year high school
133	graduation options pursuant to paragraph (1)(b) or paragraph
134	(1)(c) are required to:
135	(a)  Earn passing scores on the FCAT as defined in s.
136	1008.22(3)(c) or scores on a standardized test that are
137	concordant with passing scores on the FCAT as defined in s.
138	1008.22(10).
139	(a)(b)1.  Achieve a cumulative weighted grade point average
140	of 3.5 on a 4.0 scale, or its equivalent, in the courses
141	required for the college preparatory accelerated 3-year high
142	school graduation option pursuant to paragraph (1)(b); or
143	2.  Achieve a cumulative weighted grade point average of
144	3.0 on a 4.0 scale, or its equivalent, in the courses required
145	for the career preparatory accelerated 3-year high school
146	graduation option pursuant to paragraph (1)(c).
147	(b)(c)  Receive a weighted or unweighted grade that earns
148	at least 3.0 points, or its equivalent, to earn course credit
149	toward the 18 credits required for the college preparatory
150	accelerated 3-year high school graduation option pursuant to
151	paragraph (1)(b).
152	(c)(d)  Receive a weighted or unweighted grade that earns
153	at least 2.0 points, or its equivalent, to earn course credit
154	toward the 18 credits required for the career preparatory
155	accelerated 3-year high school graduation option pursuant to
156	paragraph (1)(c).
157
158	Weighted grades referred to in paragraphs (a), (b), and (c), and
159	(d) shall be applied to those courses specifically listed or
160	identified by the department as rigorous pursuant to s.
161	1009.531(3) or weighted by the district school board for class
162	ranking purposes.
163	Section 4.  Subsection (5), paragraph (b) of subsection
164	(10), and subsection (11) of section 1003.43, Florida Statutes,
165	are amended to read:
166	1003.43  General requirements for high school graduation.--
167	(5)  Each district school board shall establish standards
168	for graduation from its schools, and these standards must
169	include:
170	(a)  Earning passing scores on the FCAT, as defined in s.
171	1008.22(3)(c), or scores on a standardized test that are
172	concordant with passing scores on the FCAT as defined in s.
173	1008.22(10).
174	(a)(b)  Completion of all other applicable requirements
175	prescribed by the district school board pursuant to s. 1008.25.
176	(b)(c)  Achievement of a cumulative grade point average of
177	1.5 on a 4.0 scale, or its equivalent, for students entering 9th
178	grade before the 1997-1998 school year; however, these students
179	must earn a cumulative grade point average of 2.0 on a 4.0
180	scale, or its equivalent, in the courses required by subsection
181	(1) that are taken after July 1, 1997, or have an overall
182	cumulative grade point average of 2.0 or above.
183	(c)(d)  Achievement of a cumulative grade point average of
184	2.0 on a 4.0 scale, or its equivalent, in the courses required
185	by subsection (1), for students entering 9th grade in the 1997-
186	1998 school year and thereafter.
187	(d)(e)  For purposes of paragraphs (b) and (c) and (d):
188	1.  Each district school board shall adopt policies
189	designed to assist students in meeting these requirements. These
190	policies may include, but are not limited to: forgiveness
191	policies, summer school or before or after school attendance,
192	special counseling, volunteer and/or peer tutors, school-
193	sponsored help sessions, homework hotlines, and study skills
194	classes. Beginning in the 2000-2001 school year and each year
195	thereafter, forgiveness policies for required 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	the same or comparable course. Forgiveness policies for elective
200	courses shall be limited to replacing a grade of "D" or "F," or
201	the equivalent of a grade of "D" or "F," with a grade of "C" or
202	higher, or the equivalent of a grade of "C" or higher, earned
203	subsequently in another course. Any course grade not replaced
204	according to a district school board forgiveness policy shall be
205	included in the calculation of the cumulative grade point
206	average required for graduation.
207	2.  At the end of each semester, the parent of each student
208	in grades 9, 10, 11, and 12 who has a cumulative grade point
209	average of less than 0.5 above the cumulative grade point
210	average required for graduation shall be notified that the
211	student is at risk of not meeting the requirements for
212	graduation. The notice shall contain an explanation of the
213	policies the district school board has in place to assist the
214	student in meeting the grade point average requirement.
215	3.  Special assistance to obtain a high school equivalency
216	diploma pursuant to s. 1003.435 may be given only when the
217	student has completed all requirements for graduation except the
218	attainment of the required cumulative grade point average.
219
220	The standards required in this subsection, and any subsequent
221	modifications, shall be reprinted in the Florida Administrative
222	Code even though not defined as "rules."
223	(10)
224	(b)  A student who completes the minimum number of credits
225	and other requirements prescribed by subsections (1) and (4),
226	but who is unable to meet the standards of paragraph (5)(a) or,
227	paragraph (5)(b), or paragraph (5)(c), shall be awarded a
228	certificate of completion in a form prescribed by the State
229	Board of Education. However, any student who is otherwise
230	entitled to a certificate of completion may elect to remain in
231	the secondary school either as a full-time student or a part-
232	time student for up to 1 additional year and receive special
233	instruction designed to remedy his or her identified
234	deficiencies.
235	(11)(a)  Each district school board must provide
236	instruction to prepare students with disabilities to demonstrate
237	proficiency in the core content knowledge and skills necessary
238	for successful grade-to-grade progression and high school
239	graduation.
240	(b)  A student with a disability, as defined in s.
241	1007.02(2), for whom the individual educational plan (IEP)
242	committee determines that the FCAT cannot accurately measure the
243	student's abilities taking into consideration all allowable
244	accommodations, shall have the FCAT requirement of paragraph
245	(5)(a) waived for the purpose of receiving a standard high
246	school diploma, if the student:
247	1.  Completes the minimum number of credits and other
248	requirements prescribed by subsections (1) and (4).
249	2.  Does not meet the requirements of paragraph (5)(a)
250	after one opportunity in 10th grade and one opportunity in 11th
251	grade.
252	Section 5.  Subsection (1) of section 1003.433, Florida
253	Statutes, is amended to read:
254	1003.433  Learning opportunities for out-of-state and out-
255	of-country transfer students and students needing additional
256	instruction to meet high school graduation requirements.--
257	(1)  Students who enter a Florida public school at the
258	eleventh or twelfth grade from out of state or from a foreign
259	country shall not be required to spend additional time in a
260	Florida public school in order to meet the high school course
261	requirements if the student has met all requirements of the
262	school district, state, or country from which he or she is
263	transferring. Such students who are not proficient in English
264	should receive immediate and intensive instruction in English
265	language acquisition. However, to receive a standard high school
266	diploma, a transfer student must earn a 2.0 grade point average
267	and pass the grade 10 FCAT required in s. 1008.22(3) or an
268	alternate assessment as described in s. 1008.22(10).
269	Section 6.  Paragraph (c) of subsection (3) and subsections
270	(6) and (10) of section 1008.22, Florida Statutes, are amended
271	to read:
272	1008.22  Student assessment program for public schools.--
273	(3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
274	design and implement a statewide program of educational
275	assessment that provides information for the improvement of the
276	operation and management of the public schools, including
277	schools operating for the purpose of providing educational
278	services to youth in Department of Juvenile Justice programs.
279	The commissioner may enter into contracts for the continued
280	administration of the assessment, testing, and evaluation
281	programs authorized and funded by the Legislature. Contracts may
282	be initiated in 1 fiscal year and continue into the next and may
283	be paid from the appropriations of either or both fiscal years.
284	The commissioner is authorized to negotiate for the sale or
285	lease of tests, scoring protocols, test scoring services, and
286	related materials developed pursuant to law. Pursuant to the
287	statewide assessment program, the commissioner shall:
288	(c)  Develop and implement a student achievement testing
289	program known as the Florida Comprehensive Assessment Test
290	(FCAT) as part of the statewide assessment program to measure
291	all aspects of every student's public education experience as
292	determined by the Department of Education a student's content
293	knowledge and skills in reading, writing, science, and
294	mathematics. Other Content areas may be included as directed by
295	the commissioner. Comprehensive assessments of reading and
296	mathematics shall be administered annually in grades 3 through
297	10. Comprehensive assessments of writing and science shall be
298	administered at least once at the elementary, middle, and high
299	school levels. End-of-course assessments for a subject may be
300	administered in addition to the comprehensive assessments
301	required for that subject under this paragraph. An end-of-course
302	assessment must be rigorous, statewide, standardized, and
303	developed or approved by the department. The content knowledge
304	and skills assessed by comprehensive and end-of-course
305	assessments must be aligned to the core curricular content
306	established in the Sunshine State Standards. The commissioner
307	may select one or more nationally developed comprehensive
308	examinations, which may include, but need not be limited to,
309	examinations for a College Board Advanced Placement course,
310	International Baccalaureate course, or Advanced International
311	Certificate of Education course or industry-approved
312	examinations to earn national industry certifications as defined
313	in s. 1003.492, for use as end-of-course assessments under this
314	paragraph, if the commissioner determines that the content
315	knowledge and skills assessed by the examinations meet or exceed
316	the grade level expectations for the core curricular content
317	established for the course in the Next Generation Sunshine State
318	Standards. The commissioner may collaborate with the American
319	Diploma Project in the adoption or development of rigorous end-
320	of-course assessments that are aligned to the Next Generation
321	Sunshine State Standards. The testing program must be designed
322	as follows:
323	1.  The tests shall measure student skills and competencies
324	adopted by the State Board of Education as specified in
325	paragraph (a). The tests must measure and report student
326	proficiency levels of all students assessed in reading, writing,
327	mathematics, and science. The commissioner shall provide for the
328	tests to be developed or obtained, as appropriate, through
329	contracts and project agreements with private vendors, public
330	vendors, public agencies, postsecondary educational
331	institutions, or school districts. The commissioner shall obtain
332	input with respect to the design and implementation of the
333	testing program from state educators, assistive technology
334	experts, and the public.
335	2.  The testing program shall be composed of criterion-
336	referenced tests that shall, to the extent determined by the
337	commissioner, include test items that require the student to
338	produce information or perform tasks in such a way that the core
339	content knowledge and skills he or she uses can be measured.
340	3.  Beginning with the 2008-2009 school year, the
341	commissioner shall discontinue administration of the selected-
342	response test items on the comprehensive assessments of writing.
343	Beginning with the 2012-2013 school year, the comprehensive
344	assessments of writing shall be composed of a combination of
345	selected-response test items, short-response performance tasks,
346	and extended-response performance tasks, which shall measure a
347	student's content knowledge of writing, including, but not
348	limited to, paragraph and sentence structure, sentence
349	construction, grammar and usage, punctuation, capitalization,
350	spelling, parts of speech, verb tense, irregular verbs, subject-
351	verb agreement, and noun-pronoun agreement.
352	4.  A score shall be designated for each subject area
353	tested, below which score a student's performance is deemed
354	inadequate. The school districts shall provide appropriate
355	remedial instruction to students who score below these levels.
356	5.  Except as provided in s. 1003.428(8)(b) or s.
357	1003.43(11)(b), students must earn a passing score on the grade
358	10 assessment test described in this paragraph or attain
359	concordant scores as described in subsection (10) in reading,
360	writing, and mathematics to qualify for a standard high school
361	diploma. The State Board of Education shall designate a passing
362	score for each part of the grade 10 assessment test. In
363	establishing passing scores, the state board shall consider any
364	possible negative impact of the test on minority students. The
365	State Board of Education shall adopt rules which specify the
366	passing scores for the grade 10 FCAT. Any such rules, which have
367	the effect of raising the required passing scores, shall apply
368	only to students taking the grade 10 FCAT for the first time
369	after such rules are adopted by the State Board of Education.
370	5.6.  Participation in the testing program is mandatory for
371	all students attending public school, including students served
372	in Department of Juvenile Justice programs, except as otherwise
373	prescribed by the commissioner. If a student does not
374	participate in the statewide assessment, the district must
375	notify the student's parent and provide the parent with
376	information regarding the implications of such nonparticipation.
377	A parent must provide signed consent for a student to receive
378	classroom instructional accommodations that would not be
379	available or permitted on the statewide assessments and must
380	acknowledge in writing that he or she understands the
381	implications of such instructional accommodations. The State
382	Board of Education shall adopt rules, based upon recommendations
383	of the commissioner, for the provision of test accommodations
384	for students in exceptional education programs and for students
385	who have limited English proficiency. Accommodations that negate
386	the validity of a statewide assessment are not allowable in the
387	administration of the FCAT. However, instructional
388	accommodations are allowable in the classroom if included in a
389	student's individual education plan. Students using
390	instructional accommodations in the classroom that are not
391	allowable as accommodations on the FCAT may have the FCAT
392	requirement waived pursuant to the requirements of s.
393	1003.428(8)(b) or s. 1003.43(11)(b).
394	6.7.  A student seeking an adult high school diploma must
395	meet the same testing requirements that a regular high school
396	student must meet.
397	7.8.  District school boards must provide instruction to
398	prepare students to demonstrate proficiency in the core
399	curricular content established in the Next Generation Sunshine
400	State Standards adopted under s. 1003.41, including the core
401	content knowledge and skills necessary for successful grade-to-
402	grade progression and high school graduation. If a student is
403	provided with instructional accommodations in the classroom that
404	are not allowable as accommodations in the statewide assessment
405	program, as described in the test manuals, the district must
406	inform the parent in writing and must provide the parent with
407	information regarding the impact on the student's ability to
408	meet expected proficiency levels in reading, writing, and
409	mathematics. The commissioner shall conduct studies as necessary
410	to verify that the required core curricular content is part of
411	the district instructional programs.
412	8.9.  District school boards must provide opportunities for
413	students to demonstrate an acceptable level of performance on an
414	alternative standardized assessment approved by the State Board
415	of Education following enrollment in summer academies.
416	9.10.  The Department of Education must develop, or select,
417	and implement a common battery of assessment tools that will be
418	used in all juvenile justice programs in the state. These tools
419	must accurately measure the core curricular content established
420	in the Sunshine State Standards.
421	10.11.  For students seeking a special diploma pursuant to
422	s. 1003.438, the Department of Education must develop or select
423	and implement an alternate assessment tool that accurately
424	measures the core curricular content established in the Sunshine
425	State Standards for students with disabilities under s.
426	1003.438.
427	11.12.  The Commissioner of Education shall establish
428	schedules for the administration of statewide assessments and
429	the reporting of student test results. The commissioner shall,
430	by August 1 of each year, notify each school district in writing
431	and publish on the department's Internet website the testing and
432	reporting schedules for, at a minimum, the school year following
433	the upcoming school year. The testing and reporting schedules
434	shall require that:
435	a.  There is the latest possible administration of
436	statewide assessments and the earliest possible reporting to the
437	school districts of student test results which is feasible
438	within available technology and specific appropriations;
439	however, test results must be made available no later than the
440	final day of the regular school year for students.
441	b.  Beginning with the 2010-2011 school year, a
442	comprehensive statewide assessment of writing is not
443	administered earlier than the week of March 1 and a
444	comprehensive statewide assessment of any other subject is not
445	administered earlier than the week of April 15.
446	c.  A statewide standardized end-of-course assessment is
447	administered within the last 2 weeks of the course.
448
449	The commissioner may, based on collaboration and input from
450	school districts, design and implement student testing programs,
451	for any grade level and subject area, necessary to effectively
452	monitor educational achievement in the state, including the
453	measurement of educational achievement of the Sunshine State
454	Standards for students with disabilities. Development and
455	refinement of assessments shall include universal design
456	principles and accessibility standards that will prevent any
457	unintended obstacles for students with disabilities while
458	ensuring the validity and reliability of the test. These
459	principles should be applicable to all technology platforms and
460	assistive devices available for the assessments. The field
461	testing process and psychometric analyses for the statewide
462	assessment program must include an appropriate percentage of
463	students with disabilities and an evaluation or determination of
464	the effect of test items on such students.
465	(6)  SCHOOL TESTING PROGRAMS.--Each public school shall
466	participate in the statewide assessment program in accordance
467	with the testing and reporting schedules published by the
468	Commissioner of Education under subparagraph (3)(c)11. (3)(c)12.
469	unless specifically exempted by state board rule based on
470	serving a specialized population for which standardized testing
471	is not appropriate. Student performance data shall be analyzed
472	and reported to parents, the community, and the state. Student
473	performance data shall be used in developing objectives of the
474	school improvement plan, evaluation of instructional personnel,
475	evaluation of administrative personnel, assignment of staff,
476	allocation of resources, acquisition of instructional materials
477	and technology, performance-based budgeting, and promotion and
478	assignment of students into educational programs. The analysis
479	of student performance data also must identify strengths and
480	needs in the educational program and trends over time. The
481	analysis must be used in conjunction with the budgetary planning
482	processes developed pursuant to s. 1008.385 and the development
483	of the programs of remediation.
484	(10)  CONCORDANT SCORES FOR THE FCAT.--
485	(a)  The State Board of Education shall analyze the content
486	and concordant data sets for widely used high school achievement
487	tests, including, but not limited to, the PSAT, PLAN, SAT, ACT,
488	and College Placement Test, to assess if concordant scores for
489	FCAT scores can be determined for high school graduation,
490	college placement, and scholarship awards. In cases where
491	content alignment and concordant scores can be determined, the
492	Commissioner of Education shall adopt those scores as meeting
493	the graduation requirement in lieu of achieving the FCAT passing
494	score and may adopt those scores as being sufficient to achieve
495	additional purposes as determined by rule. Each time that test
496	content or scoring procedures change for the FCAT or for a high
497	school achievement test for which a concordant score is
498	determined, new concordant scores must be determined.
499	(b)  In order to use a concordant subject area score
500	pursuant to this subsection to satisfy the assessment
501	requirement for a standard high school diploma as provided in s.
502	1003.429(6)(a), s. 1003.43(5)(a), or s. 1003.428, a student must
503	take each subject area of the grade 10 FCAT a total of three
504	times without earning a passing score. The requirements of this
505	paragraph shall not apply to a new student who enters the
506	Florida public school system in grade 12, who may either achieve
507	a passing score on the FCAT or use an approved subject area
508	concordant score to fulfill the graduation requirement.
509	(b)(c)  The State Board of Education may define by rule the
510	allowable uses, other than to satisfy the high school graduation
511	requirement, for concordant scores as described in this
512	subsection. Such uses may include, but need not be limited to,
513	achieving appropriate standardized test scores required for the
514	awarding of Florida Bright Futures Scholarships and college
515	placement.
516	Section 7.  Paragraphs (b) and (c) of subsection (5),
517	paragraphs (b) and (c) of subsection (6), and paragraph (b) of
518	subsection (7) of section 1008.25, Florida Statutes, are amended
519	to read:
520	1008.25  Public school student progression; remedial
521	instruction; reporting requirements.--
522	(5)  READING DEFICIENCY AND PARENTAL NOTIFICATION.--
523	(b)  Beginning with the 2002-2003 school year, if the
524	student's reading deficiency, as identified in paragraph (a), is
525	not remedied by the end of grade 3, as demonstrated by scoring
526	at Level 2 or higher on the statewide assessment test in reading
527	for grade 3, the student may must be retained at the discretion
528	of the teacher and principal after consultation with the
529	student's parent.
530	(c)  The parent of any student who exhibits a substantial
531	deficiency in reading, as described in paragraph (a), must be
532	notified in writing of the following:
533	1.  That his or her child has been identified as having a
534	substantial deficiency in reading.
535	2.  A description of the current services that are provided
536	to the child.
537	3.  A description of the proposed supplemental
538	instructional services and supports that will be provided to the
539	child that are designed to remediate the identified area of
540	reading deficiency.
541	4.  That if the child's reading deficiency is not
542	remediated by the end of grade 3, the child may must be retained
543	unless he or she is exempt from mandatory retention for good
544	cause.
545	5.  Strategies for parents to use in helping their child
546	succeed in reading proficiency.
547	6.  That the Florida Comprehensive Assessment Test (FCAT)
548	is not the sole determiner of promotion and that additional
549	evaluations, portfolio reviews, and assessments are available to
550	the child to assist parents and the school district in knowing
551	when a child is reading at or above grade level and ready for
552	grade promotion.
553	7.  The district's specific criteria and policies for
554	midyear promotion. Midyear promotion means promotion of a
555	retained student at any time during the year of retention once
556	the student has demonstrated ability to read at grade level.
557	(6)  ELIMINATION OF SOCIAL PROMOTION.--
558	(b)  The district school board may promote students only
559	exempt students from mandatory retention, as provided in
560	paragraph (5)(b), for good cause. Students promoted for good
561	cause may include, but are not limited to, exemptions shall be
562	limited to the following:
563	1.  Limited English proficient students who have had less
564	than 2 years of instruction in an English for Speakers of Other
565	Languages program.
566	2.  Students with disabilities whose individual education
567	plan indicates that participation in the statewide assessment
568	program is not appropriate, consistent with the requirements of
569	State Board of Education rule.
570	3.  Students who demonstrate an acceptable level of
571	performance on an alternative standardized reading assessment
572	approved by the State Board of Education.
573	4.  Students who demonstrate, through a student portfolio,
574	that the student is reading on grade level as evidenced by
575	demonstration of mastery of the Sunshine State Standards in
576	reading equal to at least a Level 2 performance on the FCAT.
577	5.  Students with disabilities who participate in the FCAT
578	and who have an individual education plan or a Section 504 plan
579	that reflects that the student has received intensive
580	remediation in reading for more than 2 years but still
581	demonstrates a deficiency in reading and was previously retained
582	in kindergarten, grade 1, grade 2, or grade 3.
583	6.  Students who have received intensive remediation in
584	reading for 2 or more years but still demonstrate a deficiency
585	in reading and who were previously retained in kindergarten,
586	grade 1, grade 2, or grade 3 for a total of 2 years. Intensive
587	reading instruction for students so promoted must include an
588	altered instructional day that includes specialized diagnostic
589	information and specific reading strategies for each student.
590	The district school board shall assist schools and teachers to
591	implement reading strategies that research has shown to be
592	successful in improving reading among low-performing readers.
593	(c)  Promotion for good cause Requests for good cause
594	exemptions for students from the mandatory retention requirement
595	as described in subparagraphs (b)3. and 4. shall be made
596	consistent with the following:
597	1.  Documentation shall be submitted from the student's
598	teacher to the school principal that indicates that the
599	promotion of the student is appropriate and is based upon the
600	student's academic record. In order to minimize paperwork
601	requirements, such documentation shall consist only of the
602	existing progress monitoring plan, individual educational plan,
603	if applicable, report card, or student portfolio.
604	2.  The school principal shall review and discuss such
605	recommendation with the teacher and make the determination as to
606	whether the student should be promoted or retained. If the
607	school principal determines that the student should be promoted,
608	the school principal shall make such recommendation in writing
609	to the district school superintendent. The district school
610	superintendent shall accept or reject the school principal's
611	recommendation in writing.
612	(7)  SUCCESSFUL PROGRESSION FOR RETAINED READERS.--
613	(b)  Beginning with the 2004-2005 school year, each school
614	district shall:
615	1.  Conduct a review of student progress monitoring plans
616	for all students who did not score above Level 1 on the reading
617	portion of the FCAT and did not meet the criteria for one of the
618	good cause exemptions in paragraph (6)(b). The review shall
619	address additional supports and services, as described in this
620	subsection, needed to remediate the identified areas of reading
621	deficiency. The school district shall require a student
622	portfolio to be completed for each such student.
623	2.  Provide students who are retained under the provisions
624	of paragraph (5)(b) with intensive instructional services and
625	supports to remediate the identified areas of reading
626	deficiency, including a minimum of 90 minutes of daily,
627	uninterrupted, scientifically research-based reading instruction
628	and other strategies prescribed by the school district, which
629	may include, but are not limited to:
630	a.  Small group instruction.
631	b.  Reduced teacher-student ratios.
632	c.  More frequent progress monitoring.
633	d.  Tutoring or mentoring.
634	e.  Transition classes containing 3rd and 4th grade
635	students.
636	f.  Extended school day, week, or year.
637	g.  Summer reading camps.
638	3.  Provide written notification to the parent of any
639	student who is retained under the provisions of paragraph (5)(b)
640	that his or her child has not met the proficiency level required
641	for promotion and the reasons the child is not eligible for
642	promotion a good cause exemption as provided in paragraph
643	(6)(b). The notification must comply with the provisions of s.
644	1002.20(15) and must include a description of proposed
645	interventions and supports that will be provided to the child to
646	remediate the identified areas of reading deficiency.
647	4.  Implement a policy for the midyear promotion of any
648	student retained under the provisions of paragraph (5)(b) who
649	can demonstrate that he or she is a successful and independent
650	reader, reading at or above grade level, and ready to be
651	promoted to grade 4. Tools that school districts may use in
652	reevaluating any student retained may include subsequent
653	assessments, alternative assessments, and portfolio reviews, in
654	accordance with rules of the State Board of Education. Students
655	promoted during the school year after November 1 must
656	demonstrate proficiency above that required to score at Level 2
657	on the grade 3 FCAT, as determined by the State Board of
658	Education. The State Board of Education shall adopt standards
659	that provide a reasonable expectation that the student's
660	progress is sufficient to master appropriate 4th grade level
661	reading skills.
662	5.  Provide students who are retained under the provisions
663	of paragraph (5)(b) with a high-performing teacher as determined
664	by student performance data and above-satisfactory performance
665	appraisals.
666	6.  In addition to required reading enhancement and
667	acceleration strategies, provide parents of students to be
668	retained with at least one of the following instructional
669	options:
670	a.  Supplemental tutoring in scientifically research-based
671	reading services in addition to the regular reading block,
672	including tutoring before and/or after school.
673	b.  A "Read at Home" plan outlined in a parental contract,
674	including participation in "Families Building Better Readers
675	Workshops" and regular parent-guided home reading.
676	c.  A mentor or tutor with specialized reading training.
677	7.  Establish a Reading Enhancement and Acceleration
678	Development (READ) Initiative. The focus of the READ Initiative
679	shall be to prevent the retention of grade 3 students and to
680	offer intensive accelerated reading instruction to grade 3
681	students who failed to meet standards for promotion to grade 4
682	and to each K-3 student who is assessed as exhibiting a reading
683	deficiency. The READ Initiative shall:
684	a.  Be provided to all K-3 students at risk of retention as
685	identified by the statewide assessment system used in Reading
686	First schools. The assessment must measure phonemic awareness,
687	phonics, fluency, vocabulary, and comprehension.
688	b.  Be provided during regular school hours in addition to
689	the regular reading instruction.
690	c.  Provide a state-identified reading curriculum that has
691	been reviewed by the Florida Center for Reading Research at
692	Florida State University and meets, at a minimum, the following
693	specifications:
694	(I)  Assists students assessed as exhibiting a reading
695	deficiency in developing the ability to read at grade level.
696	(II)  Provides skill development in phonemic awareness,
697	phonics, fluency, vocabulary, and comprehension.
698	(III)  Provides scientifically based and reliable
699	assessment.
700	(IV)  Provides initial and ongoing analysis of each
701	student's reading progress.
702	(V)  Is implemented during regular school hours.
703	(VI)  Provides a curriculum in core academic subjects to
704	assist the student in maintaining or meeting proficiency levels
705	for the appropriate grade in all academic subjects.
706	8.  Establish at each school, where applicable, an
707	Intensive Acceleration Class for retained grade 3 students who
708	subsequently score at Level 1 on the reading portion of the
709	FCAT. The focus of the Intensive Acceleration Class shall be to
710	increase a child's reading level at least two grade levels in 1
711	school year. The Intensive Acceleration Class shall:
712	a.  Be provided to any student in grade 3 who scores at
713	Level 1 on the reading portion of the FCAT and who was retained
714	in grade 3 the prior year because of scoring at Level 1 on the
715	reading portion of the FCAT.
716	b.  Have a reduced teacher-student ratio.
717	c.  Provide uninterrupted reading instruction for the
718	majority of student contact time each day and incorporate
719	opportunities to master the grade 4 Sunshine State Standards in
720	other core subject areas.
721	d.  Use a reading program that is scientifically research-
722	based and has proven results in accelerating student reading
723	achievement within the same school year.
724	e.  Provide intensive language and vocabulary instruction
725	using a scientifically research-based program, including use of
726	a speech-language therapist.
727	f.  Include weekly progress monitoring measures to ensure
728	progress is being made.
729	g.  Report to the Department of Education, in the manner
730	described by the department, the progress of students in the
731	class at the end of the first semester.
732	9.  Report to the State Board of Education, as requested,
733	on the specific intensive reading interventions and supports
734	implemented at the school district level. The Commissioner of
735	Education shall annually prescribe the required components of
736	requested reports.
737	10.  Provide a student who has been retained in grade 3 and
738	has received intensive instructional services but is still not
739	ready for grade promotion, as determined by the school district,
740	the option of being placed in a transitional instructional
741	setting. Such setting shall specifically be designed to produce
742	learning gains sufficient to meet grade 4 performance standards
743	while continuing to remediate the areas of reading deficiency.
744	Section 8.  Subsections (1) and (2) of section 1008.33,
745	Florida Statutes, are amended to read:
746	1008.33  Authority to enforce public school
747	improvement.--It is the intent of the Legislature that all
748	public schools be held accountable for students performing at
749	acceptable levels. A system of school improvement and
750	accountability that assesses student performance by school,
751	identifies schools in which students are not making adequate
752	progress toward state standards, institutes appropriate measures
753	for enforcing improvement, and provides rewards and sanctions
754	based on performance shall be the responsibility of the State
755	Board of Education.
756	(1)(a)  Pursuant to Art. IX of the State Constitution
757	prescribing the duty of the State Board of Education to
758	supervise Florida's public school system and notwithstanding any
759	other statutory provisions to the contrary, the State Board of
760	Education shall intervene in the operation of a district school
761	system when one or more schools in the school district have
762	failed to make adequate progress for 2 school years in a 3-year
763	4-year period. For purposes of determining when a school is
764	eligible for state board action and opportunity scholarships for
765	its students, the term terms "2 years in any 4-year period" and
766	"2 school years in a 3-year 4-year period" means mean that in
767	any year that a school has a performance category "Declining,"
768	grade of "F," the school is eligible for state board action and
769	opportunity scholarships for its students if it also has had a
770	performance category "Declining" grade of "F" in any of the
771	previous 2 3 school years. The State Board of Education may
772	determine that the school district or school has not taken steps
773	sufficient for students in the school to be academically well
774	served. Considering recommendations of the Commissioner of
775	Education, the State Board of Education shall recommend action
776	to a district school board intended to improve educational
777	services to students in each school that is designated with a
778	performance category "Declining." grade of "F." Recommendations
779	for actions to be taken in the school district shall be made
780	only after thorough consideration of the unique characteristics
781	of a school, which shall include student mobility rates, the
782	number and type of exceptional students enrolled in the school,
783	and the availability of options for improved educational
784	services. The state board shall adopt by rule steps to follow in
785	this process. Such steps shall provide school districts
786	sufficient time to improve student performance in schools and
787	the opportunity to present evidence of assistance and
788	interventions that the district school board has implemented.
789	(b)  A school shall not receive a performance category
790	"Declining" if it has an overall increase in student
791	achievement. This safe-harbor threshold for such a school shall
792	be based on annualized, multiyear improvements documented for
793	the top 25 percent of Florida schools for that grade level.
794	(c)  A school shall not receive a performance category
795	"Declining" if it falls below its previous year's grade or
796	performance category but maintains adequate performance
797	standards compared to other public schools in the state.
798	(d)  The State Board of Education shall determine by rule
799	the criteria for designating "Improving," "Maintaining," and
800	"Declining" performance categories for the purposes of the state
801	performance accountability system pursuant to s. 1008.34.
802	(2)  The State Board of Education may recommend one or more
803	of the following actions to district school boards to enable
804	students in schools designated as performance category
805	"Declining" with a grade of "F" to be academically well served
806	by the public school system:
807	(a)  Provide additional resources, change certain
808	practices, and provide additional assistance if the state board
809	determines the causes of inadequate progress to be related to
810	school district policy or practice;
811	(b)  Implement a plan that satisfactorily resolves the
812	education equity problems in the school related to factors that
813	hamper increased student performance;
814	(c)  Contract for the educational services of the school,
815	or reorganize the school at the end of the school year under a
816	new school principal who is authorized to hire new staff and
817	implement a plan that addresses the causes of inadequate
818	progress. A contract to administer an alternative school may not
819	be entered into with a private entity which contract changes the
820	character of the alternative school population as it existed
821	when the alternative school was administered by the public
822	school system. The term "character of the alternative school
823	population" means the percentage of students having learning
824	disabilities, physical disabilities, emotional disabilities, or
825	developmental disabilities, as well as the percentage of
826	students having discipline problems;
827	(d)  Allow parents of students in the school to send their
828	children to another district school of their choice; or
829	(e)  Other action appropriate to improve the school's
830	performance, including, if the school is a high school,
831	requiring annual publication of the school's graduation rate
832	calculated without GED tests for the past 3 years, disaggregated
833	by student ethnicity.
834	Section 9.  Section 1008.34, Florida Statutes, is amended
835	to read:
836	1008.34  School performance grading system; school report
837	cards; district performance grade.--
838	(1)  ANNUAL REPORTS.--The Commissioner of Education shall
839	prepare annual reports of the results of the statewide
840	assessment program which describe student achievement in the
841	state, each district, and each school. The commissioner shall
842	prescribe the design and content of these reports, which must
843	include, without limitation, descriptions of the performance of
844	all schools participating in the assessment program and all of
845	their major student populations as determined by the
846	Commissioner of Education, and must also include the median
847	scores of all eligible students who scored at or in the lowest
848	25th percentile of the state in the previous school year;
849	provided, however, that the provisions of s. 1002.22 pertaining
850	to student records apply to this section.
851	(2)  SCHOOL PERFORMANCE CATEGORIES GRADES.--The annual
852	report shall identify schools as having one of the following
853	performance categories grades, defined according to rules of the
854	State Board of Education:
855	(a)  "Improving," "A," schools making excellent or above-
856	average progress.
857	(b)  "Maintaining," "B," schools making satisfactory or
858	average above average progress.
859	(c)  "Declining," "C," schools making unsatisfactory or
860	below-average satisfactory progress.
861	(d)  "D," schools making less than satisfactory progress.
862	(e)  "F," schools failing to make adequate progress.
863
864	Beginning in the 2009-2010 school year, a school that has been
865	designated with a school grade of "F" in a prior school year
866	shall not be designated as performance category "Declining"
867	using the current year's data if that school has met the safe-
868	harbor threshold established in s. 1008.33(1)(b) Each school
869	designated with a grade of "A," making excellent progress, or
870	having improved at least two grade levels, shall have greater
871	authority over the allocation of the school's total budget
872	generated from the FEFP, state categoricals, lottery funds,
873	grants, and local funds, as specified in state board rule. The
874	rule must provide that the increased budget authority shall
875	remain in effect until the school's grade declines.
876	(3)  DESIGNATION OF SCHOOL PERFORMANCE CATEGORIES GRADES.--
877	(a)  For purposes of determining school performance,
878	student performance shall be based on all students' annual
879	learning gains and increased student performance compared to the
880	previous year. Each school that has students who are tested and
881	included in the school performance grading system shall receive
882	a school performance category designation grade, except as
883	follows:
884	1.  A school shall not receive a school performance
885	category designation grade if the number of its students tested
886	and included in the school performance grading system is less
887	than the minimum sample size necessary, based on accepted
888	professional practice, for statistical reliability and
889	prevention of the unlawful release of personally identifiable
890	student data under s. 1002.22 or 20 U.S.C. s. 1232g.
891	2.  An alternative school may choose to receive a school
892	performance category designation grade under this section or a
893	school improvement rating under s. 1008.341.
894	3.  A school that serves any combination of students in
895	kindergarten through grade 3 which does not receive a school
896	performance category designation grade because its students are
897	not tested and included in the school performance grading system
898	shall receive the school performance category grade designation
899	of a K-3 feeder pattern school identified by the Department of
900	Education and verified by the school district. A school feeder
901	pattern exists if at least 60 percent of the students in the
902	school serving a combination of students in kindergarten through
903	grade 3 are scheduled to be assigned to the categorized graded
904	school.
905	(b)1.  A school's performance grade shall be based on a
906	combination of:
907	a.  Student achievement scores, including achievement
908	scores for students seeking a special diploma.
909	b.  Student learning gains as measured annually by annual
910	FCAT assessments in grades 3 through 10; learning gains for
911	students seeking a special diploma, as measured by an alternate
912	assessment tool, shall be included not later than the 2009-2010
913	school year.
914	c.  Improvement of the lowest 25th percentile of students
915	in the school in reading, mathematics, or writing on the FCAT
916	and on non-FCAT measures, unless these students are exhibiting
917	satisfactory performance.
918	2.  Beginning with the 2009-2010 school year for schools
919	comprised of high school grades 9, 10, 11, and 12, or grades 10,
920	11, and 12, 50 percent of the school performance grade shall be
921	based on a combination of the factors listed in sub-
922	subparagraphs 1.a.-c. and the remaining 50 percent on the
923	following factors:
924	a.  The high school graduation rate of the school;
925	b.  As valid data becomes available, the performance and
926	participation of the school's students in College Board Advanced
927	Placement courses, International Baccalaureate courses, dual
928	enrollment courses, and Advanced International Certificate of
929	Education courses; and the students' achievement of industry
930	certification, as determined by the Agency for Workforce
931	Innovation under s. 1003.492(2) in a career and professional
932	academy, as described in s. 1003.493;
933	c.  Postsecondary readiness of the school's students as
934	measured by the SAT, ACT, or the common placement test;
935	d.  The high school graduation rate of at-risk students who
936	scored at Level 2 or lower on the grade 8 FCAT Reading and
937	Mathematics examinations;
938	e.  As valid data becomes available, the performance of the
939	school's students on statewide standardized end-of-course
940	assessments administered under s. 1008.22; and
941	f.  The growth or decline in the components listed in sub-
942	subparagraphs a.-e. from year to year.
943	(c)  Student assessment data used in determining school
944	performance grades shall include:
945	1.  The aggregate scores of all eligible students enrolled
946	in the school who have been assessed on the FCAT and on non-FCAT
947	measures.
948	2.  The aggregate scores of all eligible students enrolled
949	in the school who have been assessed on the FCAT and on non-FCAT
950	measures and who have scored at or in the lowest 25th percentile
951	of students in the school in reading, mathematics, or writing,
952	unless these students are exhibiting satisfactory performance.
953	3.  Effective with the 2005-2006 school year, the
954	achievement scores and learning gains of eligible students
955	attending alternative schools that provide dropout prevention
956	and academic intervention services pursuant to s. 1003.53. The
957	term "eligible students" in this subparagraph does not include
958	students attending an alternative school who are subject to
959	district school board policies for expulsion for repeated or
960	serious offenses, who are in dropout retrieval programs serving
961	students who have officially been designated as dropouts, or who
962	are in programs operated or contracted by the Department of
963	Juvenile Justice. The student performance data for eligible
964	students identified in this subparagraph shall be included in
965	the calculation of the home school's performance grade. As used
966	in this section and s. 1008.341, the term "home school" means
967	the school to which the student would be assigned if the student
968	were not assigned to an alternative school. If an alternative
969	school chooses to be designated graded under this section,
970	student performance data for eligible students identified in
971	this subparagraph shall not be included in the home school's
972	performance grade but shall be included only in the calculation
973	of the alternative school's performance grade. A school district
974	that fails to assign the FCAT scores of each of its students to
975	his or her home school or to the alternative school that
976	receives a performance category designation grade shall forfeit
977	Every Child Matters Program Florida School Recognition Program
978	funds for 1 fiscal year. School districts must require
979	collaboration between the home school and the alternative school
980	in order to promote student success. This collaboration must
981	include an annual discussion between the principal of the
982	alternative school and the principal of each student's home
983	school concerning the most appropriate school assignment of the
984	student.
985	4.  Beginning with the 2009-2010 school year for schools
986	comprised of high school grades 9, 10, 11, and 12, or grades 10,
987	11, and 12, the data listed in subparagraphs 1.-3. and the
988	following data as the Department of Education determines such
989	data are valid and available:
990	a.  The high school graduation rate of the school as
991	calculated by the Department of Education;
992	b.  The participation rate of all eligible students
993	enrolled in the school and enrolled in College Board Advanced
994	Placement courses; International Baccalaureate courses; dual
995	enrollment courses; Advanced International Certificate of
996	Education courses; and courses or sequence of courses leading to
997	industry certification, as determined by the Agency for
998	Workforce Innovation under s. 1003.492(2) in a career and
999	professional academy, as described in s. 1003.493;
1000	c.  The aggregate scores of all eligible students enrolled
1001	in the school in College Board Advanced Placement courses,
1002	International Baccalaureate courses, and Advanced International
1003	Certificate of Education courses;
1004	d.  Earning of college credit by all eligible students
1005	enrolled in the school in dual enrollment programs under s.
1006	1007.271;
1007	e.  Earning of an industry certification, as determined by
1008	the Agency for Workforce Innovation under s. 1003.492(2) in a
1009	career and professional academy, as described in s. 1003.493;
1010	f.  The aggregate scores of all eligible students enrolled
1011	in the school in reading, mathematics, and other subjects as
1012	measured by the SAT, the ACT, and the common placement test for
1013	postsecondary readiness;
1014	g.  The high school graduation rate of all eligible at-risk
1015	students enrolled in the school who scored at Level 2 or lower
1016	on the grade 8 FCAT Reading and Mathematics examinations;
1017	h.  The performance of the school's students on statewide
1018	standardized end-of-course assessments administered under s.
1019	1008.22; and
1020	i.  The growth or decline in the data components listed in
1021	sub-subparagraphs a.-h. from year to year.
1022
1023	The State Board of Education shall adopt appropriate criteria
1024	for each school performance category grade. The criteria must
1025	also give added weight to student achievement in reading.
1026	Schools designated with a performance category "Maintaining"
1027	grade of "C," making satisfactory progress, shall be required to
1028	demonstrate that adequate progress has been made by students in
1029	the school who are in the lowest 25th percentile in reading,
1030	mathematics, or writing on the FCAT and on non-FCAT measures,
1031	unless these students are exhibiting satisfactory performance.
1032	Beginning with the 2009-2010 school year for schools comprised
1033	of high school grades 9, 10, 11, and 12, or grades 10, 11, and
1034	12, the criteria for school performance grades must also give
1035	added weight to the graduation rate of all eligible at-risk
1036	students, as defined in this paragraph. Beginning in the 2009-
1037	2010 school year, in order for a high school to be designated as
1038	having a performance category of "Improving," grade of "A,"
1039	making excellent progress, the school must demonstrate that at-
1040	risk students, as defined in this paragraph, in the school are
1041	making adequate progress.
1042	(4)  SCHOOL IMPROVEMENT RATINGS.--The annual report shall
1043	identify each school's performance as having improved, remained
1044	the same, or declined. This school improvement rating shall be
1045	based on a comparison of the current year's and previous year's
1046	student and school performance data. Schools that improve at
1047	least one grade level are eligible for school recognition awards
1048	pursuant to s. 1008.36.
1049	(5)  SCHOOL REPORT CARD.--The Department of Education shall
1050	annually develop, in collaboration with the school districts, a
1051	school report card to be delivered to parents throughout each
1052	school district. The report card shall include the school's
1053	performance category grade, information regarding school
1054	improvement, an explanation of school performance as evaluated
1055	by the federal No Child Left Behind Act of 2001, and indicators
1056	of return on investment. Each school's report card shall be
1057	published annually by the department on its website, and the
1058	school district shall provide the school report card to each
1059	parent.
1060	(6)  PERFORMANCE-BASED FUNDING.--The Legislature may factor
1061	in the performance of schools in calculating any performance-
1062	based funding policy that is provided for annually in the
1063	General Appropriations Act.
1064	(7)  DISTRICT PERFORMANCE GRADE.--
1065	(a)  The annual report required by subsection (1) shall
1066	include district performance grades, which shall consist of
1067	weighted district average performance grades, by level, for all
1068	elementary schools, middle schools, and high schools in the
1069	district. A district's weighted average performance grade shall
1070	be calculated by weighting individual school performance grades
1071	determined pursuant to subsection (2) by school enrollment.
1072	(b)  School districts shall have a variety of tools at
1073	their disposal to maintain high performance standards. These
1074	tools shall include, but are not limited to, giving to schools
1075	that receive a performance category "Improving" greater
1076	authority over the allocation of the school's total budget
1077	generated from the FEFP, state categoricals, lottery funds,
1078	grants, and local funds, as specified in State Board of
1079	Education rule. The rule must provide that the increased budget
1080	authority shall remain in effect unless the school's performance
1081	category declines.
1082	(8)  RULES.--The State Board of Education shall adopt rules
1083	under ss. 120.536(1) and 120.54 to administer this section.
1084	Section 10.  Subsections (2) and (3) of section 1008.341,
1085	Florida Statutes, are amended to read:
1086	1008.341  School improvement rating for alternative
1087	schools.--
1088	(2)  SCHOOL IMPROVEMENT RATING.--An alternative school that
1089	provides dropout prevention and academic intervention services
1090	pursuant to s. 1003.53 shall receive a school improvement rating
1091	pursuant to this section. However, an alternative school shall
1092	not receive a school improvement rating if the number of its
1093	students for whom student performance data is available for the
1094	current year and previous year is less than the minimum sample
1095	size necessary, based on accepted professional practice, for
1096	statistical reliability and prevention of the unlawful release
1097	of personally identifiable student data under s. 1002.22 or 20
1098	U.S.C. s. 1232g. The school improvement rating shall identify an
1099	alternative school as having one of the following ratings
1100	defined according to rules of the State Board of Education:
1101	(a)  "Improving" means the students attending the school
1102	are making more academic progress than when the students were
1103	served in their home schools.
1104	(b)  "Maintaining" means the students attending the school
1105	are making progress equivalent to the progress made when the
1106	students were served in their home schools.
1107	(c)  "Declining" means the students attending the school
1108	are making less academic progress than when the students were
1109	served in their home schools.
1110
1111	The school improvement rating shall be based on a comparison of
1112	student performance data for the current year and previous year.
1113	Schools that improve at least one level or maintain an
1114	"improving" rating pursuant to this section are eligible for
1115	school recognition awards pursuant to s. 1008.36.
1116	(3)  DESIGNATION OF SCHOOL IMPROVEMENT RATING.--Student
1117	data used in determining an alternative school's school
1118	improvement rating shall include:
1119	(a)  The aggregate scores of all eligible students who were
1120	assigned to and enrolled in the school during the October or
1121	February FTE count, who have been assessed on the FCAT and on
1122	non-FCAT measures, and who have FCAT or comparable scores for
1123	the preceding school year.
1124	(b)  The aggregate scores of all eligible students who were
1125	assigned to and enrolled in the school during the October or
1126	February FTE count, who have been assessed on the FCAT and on
1127	non-FCAT measures, and who have scored in the lowest 25th
1128	percentile of students in the state on the FCAT and on non-FCAT
1129	measures Reading.
1130
1131	The assessment scores of students who are subject to district
1132	school board policies for expulsion for repeated or serious
1133	offenses, who are in dropout retrieval programs serving students
1134	who have officially been designated as dropouts, or who are in
1135	programs operated or contracted by the Department of Juvenile
1136	Justice may not be included in an alternative school's school
1137	improvement rating.
1138	Section 11.  Section 1008.36, Florida Statutes, is amended
1139	to read:
1140	1008.36  Every Child Matters Program Florida School
1141	Recognition Program.--
1142	(1)  The Legislature finds that in order to provide every
1143	student enrolled in K-12 public schools with the opportunity to
1144	achieve a successful public education, academic problems must be
1145	identified early, with remediation and intervention services to
1146	follow. It is the intent of this section that no child shall be
1147	left behind there is a need for a performance incentive program
1148	for outstanding faculty and staff in highly productive schools.
1149	The Legislature further finds that performance-based incentives
1150	are commonplace in the private sector and should be infused into
1151	the public sector as a reward for productivity.
1152	(2)  The Every Child Matters Program Florida School
1153	Recognition Program is created to provide financial awards to
1154	public schools that:
1155	(a)  A curriculum-based, year-round measurement of learning
1156	gains for all public school students enrolled in kindergarten
1157	through grade 12. Sustain high performance by receiving a school
1158	grade of "A," making excellent progress; or
1159	(b)  Remediation and intervention services to all public
1160	school students enrolled in kindergarten through grade 12 who
1161	are not meeting grade-appropriate performance expectations,
1162	including FCAT scores and non-FCAT measures Demonstrate
1163	exemplary improvement due to innovation and effort by improving
1164	at least one letter grade or by improving more than one letter
1165	grade and sustaining the improvement the following school year.
1166	(3)  All public schools, including charter schools, that
1167	receive a school grade pursuant to s. 1008.34 are eligible to
1168	participate in the program.
1169	(4)  All selected schools shall receive financial
1170	assistance awards depending on the availability of funds
1171	appropriated and the number and size of schools selected to
1172	receive an award. Funds must be distributed to the school's
1173	fiscal agent and placed in the school's account and must be used
1174	for purposes listed in subsection (5) as determined jointly by
1175	the school's staff and school advisory council. If school staff
1176	and the school advisory council cannot reach agreement by
1177	November 1, the awards must be equally distributed to all
1178	classroom teachers currently teaching in the school.
1179	(5)  Every Child Matters Program funds School recognition
1180	awards must be used for the following:
1181	(a)  Administration of a regular formative assessment
1182	approved by the State Board of Education. Nonrecurring bonuses
1183	to the faculty and staff;
1184	(b)  Nonrecurring expenditures for remediation of low-
1185	performing students, including remediation programs and
1186	intervention services adopted and administered by the Department
1187	of Education.
1188	(c)(b)  Nonrecurring expenditures for educational equipment
1189	or materials to assist in the remediation of low-performing
1190	students. maintaining and improving student performance; or
1191	(d)(c)  Temporary personnel for the school to assist in the
1192	remediation of low-performing students maintaining and improving
1193	student performance.
1194	(e)  Contracts with private sector participants to provide
1195	remediation services provided that 90 percent of the personnel
1196	providing services reside in the state and that the contracts
1197	include requirements to ensure that the private sector
1198	participants are accountable for performance.
1199	(f)  Transportation of students pursuant to s. 1002.31.
1200	(6)  The Department of Education shall provide training and
1201	informational resources for educators to administer the
1202	formative assessment pursuant to paragraph (5)(a) and shall be
1203	responsible for developing and implementing provisions for the
1204	collection and analysis of the assessment data.
1205	(7)  The Department of Education shall establish policies
1206	and procedures for the development of individual education plans
1207	for low-performing students who receive remediation and
1208	intervention services pursuant to this section.
1209
1210	Notwithstanding statutory provisions to the contrary, incentive
1211	awards are not subject to collective bargaining.
1212	Section 12.  Paragraphs (a), (c), and (d) of subsection
1213	(18) and paragraph (d) of subsection (19) of section 1001.42,
1214	Florida Statutes, are amended to read:
1215	1001.42  Powers and duties of district school board.--The
1216	district school board, acting as a board, shall exercise all
1217	powers and perform all duties listed below:
1218	(18)  IMPLEMENT SCHOOL IMPROVEMENT AND
1219	ACCOUNTABILITY.--Maintain a system of school improvement and
1220	education accountability as provided by statute and State Board
1221	of Education rule. This system of school improvement and
1222	education accountability shall be consistent with, and
1223	implemented through, the district's continuing system of
1224	planning and budgeting required by this section and ss.
1225	1008.385, 1010.01, and 1011.01. This system of school
1226	improvement and education accountability shall include, but is
1227	not limited to, the following:
1228	(a)  School improvement plans.--Annually approve and
1229	require implementation of a new, amended, or continuation school
1230	improvement plan for each school in the district. A district
1231	school board may establish a district school improvement plan
1232	that includes all schools in the district operating for the
1233	purpose of providing educational services to youth in Department
1234	of Juvenile Justice programs. The school improvement plan shall
1235	be designed to achieve the state education priorities pursuant
1236	to s. 1000.03(5) and student proficiency on the Sunshine State
1237	Standards pursuant to s. 1003.41. Each plan shall address
1238	student achievement goals and strategies based on state and
1239	school district proficiency standards. The plan may also address
1240	issues relative to other academic-related matters, as determined
1241	by district school board policy, and shall include an accurate,
1242	data-based analysis of student achievement and other school
1243	performance data. Beginning with plans approved for
1244	implementation in the 2007-2008 school year, each secondary
1245	school plan must include a redesign component based on the
1246	principles established in s. 1003.413. For each school in the
1247	district that earns a performance category "Declining" school
1248	grade of "C" or below, or is required to have a school
1249	improvement plan under federal law, the school improvement plan
1250	shall, at a minimum, also include:
1251	1.  Professional development that supports enhanced and
1252	differentiated instructional strategies to improve teaching and
1253	learning.
1254	2.  Continuous use of disaggregated student achievement
1255	data to determine effectiveness of instructional strategies.
1256	3.  Ongoing informal and formal assessments to monitor
1257	individual student progress, including progress toward mastery
1258	of the Sunshine State Standards, and to redesign instruction if
1259	needed.
1260	4.  Alternative instructional delivery methods to support
1261	remediation, acceleration, and enrichment strategies.
1262	(c)  Assistance and intervention.--
1263	1.  Develop a 2-year plan of increasing individualized
1264	assistance and intervention for each school in danger of not
1265	meeting state standards or making adequate progress, as defined
1266	pursuant to statute and State Board of Education rule, toward
1267	meeting the goals and standards of its approved school
1268	improvement plan.
1269	2.  Provide assistance and intervention to a school that is
1270	designated with a performance category "Declining" grade of "D"
1271	pursuant to s. 1008.34 and is in danger of failing.
1272	3.  Develop a plan to encourage teachers with demonstrated
1273	mastery in improving student performance to remain at or
1274	transfer to a school with a performance category "Declining"
1275	grade of "D" or "F" or to an alternative school that serves
1276	disruptive or violent youths. If a classroom teacher, as defined
1277	by s. 1012.01(2)(a), who meets the definition of teaching
1278	mastery developed according to the provisions of this paragraph,
1279	requests assignment to a school designated with a performance
1280	category "Declining" grade of "D" or "F" or to an alternative
1281	school that serves disruptive or violent youths, the district
1282	school board shall make every practical effort to grant the
1283	request.
1284	4.  Prioritize, to the extent possible, the expenditures of
1285	funds received from the supplemental academic instruction
1286	categorical fund under s. 1011.62(1)(f) to improve student
1287	performance in schools that receive a performance category
1288	"Declining." grade of "D" or "F."
1289	(d)  After 2 years.--Notify the Commissioner of Education
1290	and the State Board of Education in the event any school does
1291	not make adequate progress toward meeting the goals and
1292	standards of a school improvement plan by the end of 2 years of
1293	failing to make adequate progress and proceed according to
1294	guidelines developed pursuant to statute and State Board of
1295	Education rule. School districts shall provide intervention and
1296	assistance to schools in danger of being designated with a
1297	performance category "Declining." grade of "F," failing to make
1298	adequate progress.
1299	(19)  LOCAL-LEVEL DECISIONMAKING.--
1300	(d)  Adopt policies that assist in giving greater autonomy,
1301	including authority over the allocation of the school's budget,
1302	to schools designated with a performance category "Improving."
1303	grade of "A," making excellent progress, and schools rated as
1304	having improved at least two grades.
1305	Section 13.  Paragraph (b) of subsection (7) and paragraphs
1306	(o) and (p) of subsection (9) of section 1002.33, Florida
1307	Statutes, are amended to read:
1308	1002.33  Charter schools.--
1309	(7)  CHARTER.--The major issues involving the operation of
1310	a charter school shall be considered in advance and written into
1311	the charter. The charter shall be signed by the governing body
1312	of the charter school and the sponsor, following a public
1313	hearing to ensure community input.
1314	(b)1.  A charter may be renewed provided that a program
1315	review demonstrates that the criteria in paragraph (a) have been
1316	successfully accomplished and that none of the grounds for
1317	nonrenewal established by paragraph (8)(a) has been documented.
1318	In order to facilitate long-term financing for charter school
1319	construction, charter schools operating for a minimum of 3 years
1320	and demonstrating exemplary academic programming and fiscal
1321	management are eligible for a 15-year charter renewal. Such
1322	long-term charter is subject to annual review and may be
1323	terminated during the term of the charter.
1324	2.  The 15-year charter renewal that may be granted
1325	pursuant to subparagraph 1. shall be granted to a charter school
1326	that has received a performance category "Improving" or
1327	"Maintaining" school grade of "A" or "B" pursuant to s. 1008.34
1328	in 3 of the past 4 years and is not in a state of financial
1329	emergency or deficit position as defined by this section. Such
1330	long-term charter is subject to annual review and may be
1331	terminated during the term of the charter pursuant to subsection
1332	(8).
1333	(9)  CHARTER SCHOOL REQUIREMENTS.--
1334	(o)  The director and a representative of the governing
1335	body of a charter school that has received a performance
1336	category "Declining" school grade of "D" under s. 1008.34(2)
1337	shall appear before the sponsor or the sponsor's staff at least
1338	once a year to present information concerning each contract
1339	component having noted deficiencies. The sponsor shall
1340	communicate at the meeting, and in writing to the director, the
1341	services provided to the school to help the school address its
1342	deficiencies.
1343	(p)  Upon notification that a charter school receives a
1344	performance category "Declining" school grade of "D" for 2
1345	consecutive years or a school grade of "F" under s. 1008.34(2),
1346	the charter school sponsor or the sponsor's staff shall require
1347	the director and a representative of the governing body to
1348	submit to the sponsor for approval a school improvement plan to
1349	raise student achievement and to implement the plan. The sponsor
1350	has the authority to approve a school improvement plan that the
1351	charter school will implement in the following school year. The
1352	sponsor may also consider the State Board of Education's
1353	recommended action pursuant to s. 1008.33(1) as part of the
1354	school improvement plan. The Department of Education shall offer
1355	technical assistance and training to the charter school and its
1356	governing body and establish guidelines for developing,
1357	submitting, and approving such plans.
1358	1.  If the charter school fails to improve its student
1359	performance from the year immediately prior to the
1360	implementation of the school improvement plan, the sponsor shall
1361	place the charter school on probation and shall require the
1362	charter school governing body to take one of the following
1363	corrective actions:
1364	a.  Contract for the educational services of the charter
1365	school;
1366	b.  Reorganize the school at the end of the school year
1367	under a new director or principal who is authorized to hire new
1368	staff and implement a plan that addresses the causes of
1369	inadequate progress; or
1370	c.  Reconstitute the charter school.
1371	2.  A charter school that is placed on probation shall
1372	continue the corrective actions required under subparagraph 1.
1373	until the charter school improves its student performance from
1374	the year prior to the implementation of the school improvement
1375	plan.
1376	3.  Notwithstanding any provision of this paragraph, the
1377	sponsor may terminate the charter at any time pursuant to the
1378	provisions of subsection (8).
1379	Section 14.  Subsection (7) and paragraph (a) of subsection
1380	(8) of section 1002.415, Florida Statutes, are amended to read:
1381	1002.415  K-8 Virtual School Program.--Subject to annual
1382	legislative appropriation, a kindergarten through grade 8
1383	virtual school program is established within the Department of
1384	Education for the purpose of making academic instruction
1385	available to full-time students in kindergarten through grade 8
1386	using online and distance learning technology. The department
1387	shall use an application process to select schools to deliver
1388	program instruction.
1389	(7)  ASSESSMENT AND ACCOUNTABILITY.--
1390	(a)  Each K-8 virtual school must participate in the
1391	statewide assessment program created under s. 1008.22 and shall
1392	be subject to the school performance grading system created by
1393	s. 1008.34.
1394	(b)  A K-8 virtual school that has a performance grade
1395	category "Declining" of "D" or "F" must file a school
1396	improvement plan with the department for consultation to
1397	determine the causes for low performance and to develop a plan
1398	for correction and improvement.
1399	(c)  The department shall terminate the contract of any K-8
1400	virtual school that receives a performance grade category
1401	"Declining" of "D" or "F" for 2 years in a 3-year during any
1402	consecutive 4-year period.
1403	(8)  CAUSES FOR NONRENEWAL OR TERMINATION OF A CONTRACT.--
1404	(a)  At the end of a contract with a K-8 virtual school,
1405	the department may choose not to renew the contract for any of
1406	the following grounds:
1407	1.  Failure to participate in the state's education
1408	accountability system created in s. 1008.31, as required in this
1409	section;
1410	2.  Failure to receive a school performance category
1411	"Maintaining" grade of "C" or better under the school
1412	performance grading system created by s. 1008.34 for any 2 years
1413	in a 3-year consecutive 4-year period;
1414	3.  Failure to meet generally accepted standards of fiscal
1415	management;
1416	4.  Violation of law;
1417	5.  Failure of the Legislature to fund the program; or
1418	6.  Other good cause shown.
1419	Section 15.  Subsections (4) and (8) of section 1002.45,
1420	Florida Statutes, are amended to read:
1421	1002.45  School district virtual instruction programs.--
1422	(4)  PROGRAM CAPACITY; ENROLLMENT.--Beginning with the
1423	2010-2011 school year, except for courses offered by the Florida
1424	Virtual School under s. 1002.37, a school district may not
1425	increase the enrollment for its full-time virtual instruction
1426	program in excess of its prior school year enrollment unless the
1427	program for the previous school year is designated with a
1428	performance category "Maintaining" grade of "C," making
1429	satisfactory progress, or better under the school performance
1430	grading system provided in s. 1008.34.
1431	(8)  ASSESSMENT AND ACCOUNTABILITY.--
1432	(a)  With the exception of the programs offered by the
1433	Florida Virtual School under s. 1002.37, each school district
1434	virtual instruction program must:
1435	1.  Participate in the statewide assessment program under
1436	s. 1008.22 and in the state's education performance
1437	accountability system under s. 1008.31.
1438	2.  Receive a performance category designation school grade
1439	as provided in s. 1008.34. A school district virtual instruction
1440	program shall be considered a school under s. 1008.34 for
1441	purposes of this section, regardless of the number of individual
1442	providers participating in the district's program.
1443	(b)  The performance of part-time students under paragraph
1444	(7)(c) shall not be included for purposes of school performance
1445	category designation grading under subparagraph (a)2.; however,
1446	their performance shall be included for school performance
1447	category designation grading purposes by the nonvirtual school
1448	providing the student's primary instruction.
1449	(c)  A program that is designated with a performance
1450	category "Declining" grade of "D," making less than satisfactory
1451	progress, or "F," failing to make adequate progress, must file a
1452	school improvement plan with the department for consultation to
1453	determine the causes for low performance and to develop a plan
1454	for correction and improvement.
1455	(d)  The school district shall terminate its program,
1456	including all contracts with providers for such program, if the
1457	program receives a performance category "Declining" grade of
1458	"D," making less than satisfactory progress, or "F," failing to
1459	make adequate progress, for 2 years during any consecutive 4-
1460	year period. If a contract is not renewed or is terminated, the
1461	contracted provider is responsible for all debts of the program
1462	or school operated by the provider.
1463	(e)  A school district that terminates its program under
1464	paragraph (d) shall contract with a provider selected and
1465	approved by the department for the provision of virtual
1466	instruction until the school district receives approval from the
1467	department to operate a new school district virtual instruction
1468	program.
1469	Section 16.  Paragraph (a) of subsection (1) of section
1470	1003.62, Florida Statutes, is amended to read:
1471	1003.62  Academic performance-based charter school
1472	districts.--The State Board of Education may enter into a
1473	performance contract with district school boards as authorized
1474	in this section for the purpose of establishing them as academic
1475	performance-based charter school districts. The purpose of this
1476	section is to examine a new relationship between the State Board
1477	of Education and district school boards that will produce
1478	significant improvements in student achievement, while complying
1479	with constitutional and statutory requirements assigned to each
1480	entity.
1481	(1)  ACADEMIC PERFORMANCE-BASED CHARTER SCHOOL DISTRICT.--
1482	(a)  A school district shall be eligible for designation as
1483	an academic performance-based charter school district if it is a
1484	high-performing school district in which a minimum of 50 percent
1485	of the schools earn a performance category "Improving" grade of
1486	"A" or "B" and in which no school earns a performance category
1487	"Declining" grade of "D" or "F" for 2 consecutive years pursuant
1488	to s. 1008.34. Schools that receive a grade of "I" or "N" shall
1489	not be included in this calculation. The performance contract
1490	for a school district that earns a charter based on school
1491	performance grades shall be predicated on maintenance of at
1492	least 50 percent of the schools in the school district earning a
1493	performance category "Improving" grade of "A" or "B" with no
1494	school in the school district earning a performance category
1495	"Declining" grade of "D" or "F" for 2 consecutive years. A
1496	school district in which the number of schools that earn a
1497	performance category "Improving" grade of "A" or "B" is less
1498	than 50 percent may have its charter renewed for 1 year;
1499	however, if the percentage of performance category "Improving"
1500	"A" or "B" schools is less than 50 percent for 2 consecutive
1501	years, the charter shall not be renewed.
1502	Section 17.  Subsection (1) of section 1003.621, Florida
1503	Statutes, are amended to read:
1504	1003.621  Academically high-performing school
1505	districts.--It is the intent of the Legislature to recognize and
1506	reward school districts that demonstrate the ability to
1507	consistently maintain or improve their high-performing status.
1508	The purpose of this section is to provide high-performing school
1509	districts with flexibility in meeting the specific requirements
1510	in statute and rules of the State Board of Education.
1511	(1)  ACADEMICALLY HIGH-PERFORMING SCHOOL DISTRICT.--
1512	(a)  A school district is an academically high-performing
1513	school district if it meets the following criteria:
1514	1.a.  Beginning with the 2004-2005 school year, earns a
1515	performance category "Improving" grade of "A" under s.
1516	1008.34(7) for 2 consecutive years; and
1517	b.  Has no district-operated school that earns a
1518	performance category "Declining" grade of "F" under s. 1008.34;
1519	2.  Complies with all class size requirements in s. 1, Art.
1520	IX of the State Constitution and s. 1003.03; and
1521	3.  Has no material weaknesses or instances of material
1522	noncompliance noted in the annual financial audit conducted
1523	pursuant to s. 218.39.
1524	(b)  Each school district that satisfies the eligibility
1525	criteria in this subsection shall be designated by the State
1526	Board of Education as an academically high-performing school
1527	district. With the exception of the statutes listed in
1528	subsection (2), upon designation as an academically high-
1529	performing school district, each such district is exempt from
1530	the provisions in chapters 1000-1013 which pertain to school
1531	districts and rules of the State Board of Education which
1532	implement these exempt provisions. This exemption remains in
1533	effect during the time of the designation if the district
1534	continues to meet all eligibility criteria.
1535	(c)  The academically high-performing school district shall
1536	retain the designation as a high-performing school district for
1537	3 years, at the end of which time the district may renew the
1538	designation if the district meets the requirements in this
1539	section. A school district that fails to meet the requirements
1540	in this section shall provide written notification to the State
1541	Board of Education that the district is no longer eligible to be
1542	designated as an academically high-performing school district.
1543	(d)  In order to maintain the designation as an
1544	academically high-performing school district pursuant to this
1545	section, a school district must meet the following requirements:
1546	1.  Comply with the provisions of subparagraphs(a)2. and
1547	3.; and
1548	2.  Earn a performance category "Improving" grade of "A"
1549	under s. 1008.34(7) for 2 years within a 3-year period.
1550
1551	However, a district in which a district-operated school earns a
1552	performance category "Declining" grade of "F" under s. 1008.34
1553	during the 3-year period may not continue to be designated as an
1554	academically high-performing school district during the
1555	remainder of that 3-year period. The district must meet the
1556	criteria in paragraph (a) in order to be redesignated as an
1557	academically high-performing school district.
1558	Section 18.  Paragraph (b) of subsection (1) of section
1559	1008.31, Florida Statutes, is amended to read:
1560	1008.31  Florida's K-20 education performance
1561	accountability system; legislative intent; mission, goals, and
1562	systemwide measures; data quality improvements.--
1563	(1)  LEGISLATIVE INTENT.--It is the intent of the
1564	Legislature that:
1565	(b)  The K-20 education performance accountability system
1566	be established as a single, unified accountability system with
1567	multiple components, including, but not limited to, measures of
1568	adequate yearly progress, individual student learning gains in
1569	public schools, school performance categories grades, and return
1570	on investment.
1571	Section 19.  Paragraphs (b) and (d) of subsection (6) and
1572	subsection (7) of section 1008.345, Florida Statutes, are
1573	amended to read:
1574	1008.345  Implementation of state system of school
1575	improvement and education accountability.--
1576	(6)
1577	(b)  Upon request, the department shall provide technical
1578	assistance and training to any school, including any school
1579	operating for the purpose of providing educational services to
1580	youth in Department of Juvenile Justice programs, school
1581	advisory council, district, or district school board for
1582	conducting needs assessments, developing and implementing school
1583	improvement plans, developing and implementing assistance and
1584	intervention plans, or implementing other components of school
1585	improvement and accountability. Priority for these services
1586	shall be given to schools designated with a performance category
1587	"Declining" grade of "D" or "F" and school districts in rural
1588	and sparsely populated areas of the state.
1589	(d)  The commissioner shall assign a community assessment
1590	team to each school district or governing board with a school
1591	receiving a performance category "Declining" graded "F" to
1592	review the school performance data and determine causes for the
1593	low performance, including the role of school, area, and
1594	district administrative personnel. The community assessment team
1595	shall review a high school's graduation rate calculated without
1596	GED tests for the past 3 years, disaggregated by student
1597	ethnicity. The team shall make recommendations to the school
1598	board or the governing board, to the department, and to the
1599	State Board of Education for implementing an assistance and
1600	intervention plan that will address the causes of the school's
1601	low performance. The assessment team shall include, but not be
1602	limited to, a department representative, parents, business
1603	representatives, educators, representatives of local
1604	governments, and community activists, and shall represent the
1605	demographics of the community from which they are appointed.
1606	(7)(a)  Schools designated with a performance category
1607	"Improving" a grade of "A," making excellent progress, shall, if
1608	requested by the school, be given deregulated status as
1609	specified in s. 1003.63(5), (7), (8), (9), and (10).
1610	(b)  Schools that have improved at least two grades and
1611	that meet the criteria of the Florida School Recognition Program
1612	pursuant to s. 1008.36 may be given deregulated status as
1613	specified in s. 1003.63(5), (7), (8), (9), and (10).
1614	Section 20.  Paragraphs (h), (m), and (n) of subsection (1)
1615	and paragraph (d) of subsection (7) of section 1011.62, Florida
1616	Statutes, are amended to read:
1617	1011.62  Funds for operation of schools.--If the annual
1618	allocation from the Florida Education Finance Program to each
1619	district for operation of schools is not determined in the
1620	annual appropriations act or the substantive bill implementing
1621	the annual appropriations act, it shall be determined as
1622	follows:
1623	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
1624	OPERATION.--The following procedure shall be followed in
1625	determining the annual allocation to each district for
1626	operation:
1627	(h)  Small, isolated high schools.--Districts which levy
1628	the maximum nonvoted discretionary millage, exclusive of millage
1629	for capital outlay purposes levied pursuant to s. 1011.71(2),
1630	may calculate full-time equivalent students for small, isolated
1631	high schools by multiplying the number of unweighted full-time
1632	equivalent students times 2.75; provided the school has attained
1633	a performance category "Maintaining" grade of "C" or better,
1634	pursuant to s. 1008.34, for the previous school year. For the
1635	purpose of this section, the term "small, isolated high school"
1636	means any high school which is located no less than 28 miles by
1637	the shortest route from another high school; which has been
1638	serving students primarily in basic studies provided by sub-
1639	subparagraphs (c)1.b. and c. and may include subparagraph (c)4.;
1640	and which has a membership of no more than 100 students, but no
1641	fewer than 28 students, in grades 9 through 12.
1642	(m)  Calculation of additional full-time equivalent
1643	membership based on Advanced International Certificate of
1644	Education examination scores of students.--A value of 0.16 full-
1645	time equivalent student membership shall be calculated for each
1646	student enrolled in a full-credit Advanced International
1647	Certificate of Education course who receives a score of E or
1648	higher on a subject examination. A value of 0.08 full-time
1649	equivalent student membership shall be calculated for each
1650	student enrolled in a half-credit Advanced International
1651	Certificate of Education course who receives a score of E or
1652	higher on a subject examination. A value of 0.3 full-time
1653	equivalent student membership shall be calculated for each
1654	student who receives an Advanced International Certificate of
1655	Education diploma. Such value shall be added to the total full-
1656	time equivalent student membership in basic programs for grades
1657	9 through 12 in the subsequent fiscal year. The school district
1658	shall distribute to each classroom teacher who provided Advanced
1659	International Certificate of Education instruction:
1660	1.  A bonus in the amount of $50 for each student taught by
1661	the Advanced International Certificate of Education teacher in
1662	each full-credit Advanced International Certificate of Education
1663	course who receives a score of E or higher on the Advanced
1664	International Certificate of Education examination. A bonus in
1665	the amount of $25 for each student taught by the Advanced
1666	International Certificate of Education teacher in each half-
1667	credit Advanced International Certificate of Education course
1668	who receives a score of E or higher on the Advanced
1669	International Certificate of Education examination.
1670	2.  An additional bonus of $500 to each Advanced
1671	International Certificate of Education teacher in a school
1672	designated with a performance category "Declining" grade of "D"
1673	or "F" who has at least one student scoring E or higher on the
1674	full-credit Advanced International Certificate of Education
1675	examination, regardless of the number of classes taught or of
1676	the number of students scoring an E or higher on the full-credit
1677	Advanced International Certificate of Education examination.
1678	3.  Additional bonuses of $250 each to teachers of half-
1679	credit Advanced International Certificate of Education classes
1680	in a school designated with a performance category "Declining"
1681	grade of "D" or "F" which has at least one student scoring an E
1682	or higher on the half-credit Advanced International Certificate
1683	of Education examination in that class. The maximum additional
1684	bonus for a teacher awarded in accordance with this subparagraph
1685	shall not exceed $500 in any given school year. Teachers
1686	receiving an award under subparagraph 2. are not eligible for a
1687	bonus under this subparagraph.
1688
1689	Bonuses awarded to a teacher according to this paragraph shall
1690	not exceed $2,000 in any given school year and shall be in
1691	addition to any regular wage or other bonus the teacher received
1692	or is scheduled to receive.
1693	(n)  Calculation of additional full-time equivalent
1694	membership based on college board advanced placement scores of
1695	students.--A value of 0.16 full-time equivalent student
1696	membership shall be calculated for each student in each advanced
1697	placement course who receives a score of 3 or higher on the
1698	College Board Advanced Placement Examination for the prior year
1699	and added to the total full-time equivalent student membership
1700	in basic programs for grades 9 through 12 in the subsequent
1701	fiscal year. Each district must allocate at least 80 percent of
1702	the funds provided to the district for advanced placement
1703	instruction, in accordance with this paragraph, to the high
1704	school that generates the funds. The school district shall
1705	distribute to each classroom teacher who provided advanced
1706	placement instruction:
1707	1.  A bonus in the amount of $50 for each student taught by
1708	the Advanced Placement teacher in each advanced placement course
1709	who receives a score of 3 or higher on the College Board
1710	Advanced Placement Examination.
1711	2.  An additional bonus of $500 to each Advanced Placement
1712	teacher in a school designated with a performance category
1713	"Declining" grade of "D" or "F" who has at least one student
1714	scoring 3 or higher on the College Board Advanced Placement
1715	Examination, regardless of the number of classes taught or of
1716	the number of students scoring a 3 or higher on the College
1717	Board Advanced Placement Examination.
1718
1719	Bonuses awarded to a teacher according to this paragraph shall
1720	not exceed $2,000 in any given school year and shall be in
1721	addition to any regular wage or other bonus the teacher received
1722	or is scheduled to receive.
1723	(7)  DETERMINATION OF SPARSITY SUPPLEMENT.--
1724	(d)  Each district's allocation of sparsity supplement
1725	funds shall be adjusted in the following manner:
1726	1.  A maximum discretionary levy per FTE value for each
1727	district shall be calculated by dividing the value of each
1728	district's maximum discretionary levy by its FTE student count.
1729	2.  A state average discretionary levy value per FTE shall
1730	be calculated by dividing the total maximum discretionary levy
1731	value for all districts by the state total FTE student count.
1732	3.  A total potential funds per FTE for each district shall
1733	be calculated by dividing the total potential funds, not
1734	including Every Child Matters Program Florida School Recognition
1735	Program funds and the minimum guarantee, for each district by
1736	its FTE student count.
1737	4.  A state average total potential funds per FTE shall be
1738	calculated by dividing the total potential funds, not including
1739	Every Child Matters Program Florida School Recognition Program
1740	funds and the minimum guarantee, for all districts by the state
1741	total FTE student count.
1742	5.  For districts that have a levy value per FTE as
1743	calculated in subparagraph 1. higher than the state average
1744	calculated in subparagraph 2., a sparsity wealth adjustment
1745	shall be calculated as the product of the difference between the
1746	state average levy value per FTE calculated in subparagraph 2.
1747	and the district's levy value per FTE calculated in subparagraph
1748	1. and the district's FTE student count and -1. However, no
1749	district shall have a sparsity wealth adjustment that, when
1750	applied to the total potential funds calculated in subparagraph
1751	3., would cause the district's total potential funds per FTE to
1752	be less than the state average calculated in subparagraph 4.
1753	6.  Each district's sparsity supplement allocation shall be
1754	calculated by adding the amount calculated as specified in
1755	paragraphs (a) and (b) and the wealth adjustment amount
1756	calculated in this paragraph.
1757	Section 21.  Paragraph (a) of subsection (2) of section
1758	1011.64, Florida Statutes, is amended to read:
1759	1011.64  School district minimum classroom expenditure
1760	requirements.--
1761	(2)  For the purpose of implementing the provisions of this
1762	section, the Legislature shall prescribe minimum academic
1763	performance standards and minimum classroom expenditure
1764	requirements for districts not meeting such minimum academic
1765	performance standards in the General Appropriations Act.
1766	(a)  Minimum academic performance standards may be based
1767	on, but are not limited to, district performance grades
1768	determined pursuant to s. 1008.34(7).
1769	Section 22.  Subsections (1), (2), and (5) of section
1770	1012.2315, Florida Statutes, are amended to read:
1771	1012.2315  Assignment of teachers.--
1772	(1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature
1773	finds disparities between teachers assigned to teach in a
1774	majority of "A" graded schools receiving a performance category
1775	"Improving" and teachers assigned to teach in a majority of "F"
1776	graded schools receiving a performance category "Declining." The
1777	disparities can be found in the average years of experience, the
1778	median salary, and the performance of the teachers on teacher
1779	certification examinations. It is the intent of the Legislature
1780	that district school boards have flexibility through the
1781	collective bargaining process to assign teachers more equitably
1782	across the schools in the district.
1783	(2)  ASSIGNMENT TO SCHOOLS. GRADED "D" OR "F."--School
1784	districts may not assign a higher percentage than the school
1785	district average of first-time teachers, temporarily certified
1786	teachers, teachers in need of improvement, or out-of-field
1787	teachers to schools with above the school district average of
1788	minority and economically disadvantaged students or schools that
1789	are designated performance category "Declining." graded "D" or
1790	"F." Each school district shall annually certify to the
1791	Commissioner of Education that this requirement has been met. If
1792	the commissioner determines that a school district is not in
1793	compliance with this subsection, the State Board of Education
1794	shall be notified and shall take action pursuant to s. 1008.32
1795	in the next regularly scheduled meeting to require compliance.
1796	(5)  REPORT.--Schools receiving a performance category
1797	"Declining" graded "D" or "F" shall annually report their
1798	teacher-retention rate. Included in this report shall be reasons
1799	listed for leaving by each teacher who left the school for any
1800	reason.
1801	Section 23.  This act shall take effect July 1, 2009.

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