HB 1231

1	A bill to be entitled
2	An act relating to public school student progression;
3	amending s. 1008.25, F.S.; requiring student proficiency
4	in additional subjects; providing a process by which the
5	retention of a student for a reading deficiency may be
6	appealed; providing for exemption from mandatory retention
7	through successful appeal; specifying circumstances
8	recognized as justification for granting an appeal;
9	providing for reporting; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Section 1008.25, Florida Statutes, is amended
14	to read:
15	1008.25  Public school student progression; remedial
16	instruction; reporting requirements.--
17	(1)  INTENT.--It is the intent of the Legislature that each
18	student's progression from one grade to another be determined,
19	in part, upon proficiency in reading, writing, science, and
20	mathematics and, where appropriate, history, civics, geography,
21	arts, music, and physical education; that district school board
22	policies facilitate such proficiency; and that each student and
23	his or her parent be informed of that student's academic
24	progress.
25	(2)  COMPREHENSIVE PROGRAM.--Each district school board
26	shall establish a comprehensive program for student progression
27	which must include:
28	(a)  Standards for evaluating each student's performance,
29	including how well he or she masters the performance standards
30	approved by the State Board of Education.
31	(b)  Specific levels of performance in reading, writing,
32	science, and mathematics and, where appropriate, history,
33	civics, geography, arts, music, and physical education for each
34	grade level, including the levels of performance on statewide
35	assessments as defined by the commissioner, below which a
36	student must receive remediation, or be retained within an
37	intensive program that is different from the previous year's
38	program and that takes into account the student's learning
39	style.
40	(c)  Appropriate alternative placement for a student who
41	has been retained 2 or more years.
42	(3)  ALLOCATION OF RESOURCES.--District school boards shall
43	allocate remedial and supplemental instruction resources to
44	students in the following priority:
45	(a)  Students who are deficient in reading by the end of
46	grade 3.
47	(b)  Students who fail to meet performance levels required
48	for promotion consistent with the district school board's plan
49	for student progression required in paragraph (2)(b).
50	(4)  ASSESSMENT AND REMEDIATION.--
51	(a)  Each student must participate in the statewide
52	assessment tests required by s. 1008.22. Each student who does
53	not meet specific levels of performance as determined by the
54	district school board in reading, writing, science, and
55	mathematics and, where appropriate, history, civics, geography,
56	arts, music, and physical education for each grade level, or who
57	scores below Level 3 in reading or math, must be provided with
58	additional diagnostic assessments to determine the nature of the
59	student's difficulty, the areas of academic need, and strategies
60	for appropriate intervention and instruction as described in
61	paragraph (b).
62	(b)  The school in which the student is enrolled must
63	develop, in consultation with the student's parent, and must
64	implement a progress monitoring plan. A progress monitoring plan
65	is intended to provide the school district and the school
66	flexibility in meeting the academic needs of the student and to
67	reduce paperwork. A student who is not meeting the school
68	district or state requirements for proficiency in reading and
69	math shall be covered by one of the following plans to target
70	instruction and identify ways to improve his or her academic
71	achievement:
72	1.  A federally required student plan such as an individual
73	education plan;
74	2.  A schoolwide system of progress monitoring for all
75	students; or
76	3.  An individualized progress monitoring plan.
77
78	The plan chosen must be designed to assist the student or the
79	school in meeting state and district expectations for
80	proficiency. If the student has been identified as having a
81	deficiency in reading, the K-12 comprehensive reading plan
82	required by s. 1011.62(9) shall include instructional and
83	support services to be provided to meet the desired levels of
84	performance. District school boards may require low-performing
85	students to attend remediation programs held before or after
86	regular school hours or during the summer if transportation is
87	provided.
88	(c)  Upon subsequent evaluation, if the documented
89	deficiency has not been remediated, the student may be retained.
90	Each student who does not meet the minimum performance
91	expectations defined by the Commissioner of Education for the
92	statewide assessment tests in reading, writing, science, and
93	mathematics must continue to be provided with remedial or
94	supplemental instruction until the expectations are met or the
95	student graduates from high school or is not subject to
96	compulsory school attendance.
97	(5)  READING DEFICIENCY AND PARENTAL NOTIFICATION.--
98	(a)  It is the ultimate goal of the Legislature that every
99	student read at or above grade level. Any student who exhibits a
100	substantial deficiency in reading, based upon locally determined
101	or statewide assessments conducted in kindergarten or grade 1,
102	grade 2, or grade 3, or through teacher observations, must be
103	given intensive reading instruction immediately following the
104	identification of the reading deficiency. The student's reading
105	proficiency must be reassessed by locally determined assessments
106	or through teacher observations at the beginning of the grade
107	following the intensive reading instruction. The student must
108	continue to be provided with intensive reading instruction until
109	the reading deficiency is remedied.
110	(b)  Beginning with the 2002-2003 school year, if the
111	student's reading deficiency, as identified in paragraph (a), is
112	not remedied by the end of grade 3, as demonstrated by scoring
113	at Level 2 or higher on the statewide assessment test in reading
114	for grade 3, the student must be retained.
115	(c)  The parent of any student who exhibits a substantial
116	deficiency in reading, as described in paragraph (a), must be
117	notified in writing of the following:
118	1.  That his or her child has been identified as having a
119	substantial deficiency in reading.
120	2.  A description of the current services that are provided
121	to the child.
122	3.  A description of the proposed supplemental
123	instructional services and supports that will be provided to the
124	child that are designed to remediate the identified area of
125	reading deficiency.
126	4.  That if the child's reading deficiency is not
127	remediated by the end of grade 3, the child must be retained
128	unless he or she is exempt from mandatory retention for good
129	cause.
130	5.  Strategies for parents to use in helping their child
131	succeed in reading proficiency.
132	6.  That the Florida Comprehensive Assessment Test (FCAT)
133	is not the sole determiner of promotion and that additional
134	evaluations, portfolio reviews, and assessments are available to
135	the child to assist parents and the school district in knowing
136	when a child is reading at or above grade level and ready for
137	grade promotion.
138	7.  The district's specific criteria and policies for
139	midyear promotion. Midyear promotion means promotion of a
140	retained student at any time during the year of retention once
141	the student has demonstrated ability to read at grade level.
142	8.  The availability of an appeal process for a student who
143	otherwise would be retained under paragraph (b).
144	(6)  ELIMINATION OF SOCIAL PROMOTION.--
145	(a)  No student may be assigned to a grade level based
146	solely on age or other factors that constitute social promotion.
147	(b)  The district school board may only exempt students
148	from mandatory retention, as provided in paragraph (5)(b), for
149	good cause or for successful appeal of their retention under
150	subsection (7). Good cause exemptions shall be limited to the
151	following:
152	1.  Limited English proficient students who have had less
153	than 2 years of instruction in an English for Speakers of Other
154	Languages program.
155	2.  Students with disabilities whose individual education
156	plan indicates that participation in the statewide assessment
157	program is not appropriate, consistent with the requirements of
158	State Board of Education rule.
159	3.  Students who demonstrate an acceptable level of
160	performance on an alternative standardized reading assessment
161	approved by the State Board of Education.
162	4.  Students who demonstrate, through a student portfolio,
163	that the student is reading on grade level as evidenced by
164	demonstration of mastery of the Sunshine State Standards in
165	reading equal to at least a Level 2 performance on the FCAT.
166	5.  Students with disabilities who participate in the FCAT
167	and who have an individual education plan or a Section 504 plan
168	that reflects that the student has received intensive
169	remediation in reading for more than 2 years but still
170	demonstrates a deficiency in reading and was previously retained
171	in kindergarten, grade 1, grade 2, or grade 3.
172	6.  Students who have received intensive remediation in
173	reading for 2 or more years but still demonstrate a deficiency
174	in reading and who were previously retained in kindergarten,
175	grade 1, grade 2, or grade 3 for a total of 2 years. Intensive
176	reading instruction for students so promoted must include an
177	altered instructional day that includes specialized diagnostic
178	information and specific reading strategies for each student.
179	The district school board shall assist schools and teachers to
180	implement reading strategies that research has shown to be
181	successful in improving reading among low-performing readers.
182	(c)  Requests for good cause exemptions for students from
183	the mandatory retention requirement as described in
184	subparagraphs (b)3. and 4. shall be made consistent with the
185	following:
186	1.  Documentation shall be submitted from the student's
187	teacher to the school principal that indicates that the
188	promotion of the student is appropriate and is based upon the
189	student's academic record. In order to minimize paperwork
190	requirements, such documentation shall consist only of the
191	existing progress monitoring plan, individual educational plan,
192	if applicable, report card, or student portfolio.
193	2.  The school principal shall review and discuss such
194	recommendation with the teacher and make the determination as to
195	whether the student should be promoted or retained. If the
196	school principal determines that the student should be promoted,
197	the school principal shall make such recommendation in writing
198	to the district school superintendent. The district school
199	superintendent shall accept or reject the school principal's
200	recommendation in writing.
201	(7)  APPEALS FOR EXEMPTION FROM MANDATORY RETENTION.--
202	(a)  The Legislature recognizes that there are unusual and
203	unique circumstances that may warrant that a student be exempt
204	from mandatory retention. The Department of Education shall
205	establish an appeal process for such circumstances in which the
206	parent of a student who is to be retained pursuant to paragraph
207	(5)(b) may seek an exemption from the district school board. The
208	department may consider having each school district establish a
209	board or authority to serve as the appeal panel to make
210	recommendations to the district school board.
211	(b)  Circumstances that shall be recognized as
212	justification for granting an appeal include:
213	1.  If a student suffers physical or emotional trauma
214	resulting in test anxiety, including, but not limited to, death
215	of a family member, removal from the home, or serious illness or
216	injury to the student or a family member.
217	2.  If a student develops unusual test anxiety, especially
218	when it arises from being threatened with retention.
219	(c)  A parent shall have input as to the types of
220	additional support the student will receive to overcome his or
221	her deficiency.
222	(d)  When an appeal is filed, the school shall provide an
223	independent assessment of the student's academic needs by a
224	qualified school psychologist.
225	(e)  If a parent wishes to appeal his or her child's
226	retention but does not have the means or resources to do so, the
227	school district shall appoint a qualified advocate to intervene
228	on the child's behalf during the appeal process.
229	(f)  School personnel, including guidance counselors and
230	teachers, may initiate the appeal process on behalf of a student
231	but must receive the parent's permission to do so before
232	proceeding with an appeal.
233	(8)(7)  SUCCESSFUL PROGRESSION FOR RETAINED READERS.--
234	(a)  Students retained under the provisions of paragraph
235	(5)(b) must be provided intensive interventions in reading to
236	ameliorate the student's specific reading deficiency, as
237	identified by a valid and reliable diagnostic assessment. This
238	intensive intervention must include effective instructional
239	strategies, participation in the school district's summer
240	reading camp, and appropriate teaching methodologies necessary
241	to assist those students in becoming successful readers, able to
242	read at or above grade level, and ready for promotion to the
243	next grade.
244	(b)  Beginning with the 2004-2005 school year, each school
245	district shall:
246	1.  Conduct a review of student progress monitoring plans
247	for all students who did not score above Level 1 on the reading
248	portion of the FCAT and did not meet the criteria for one of the
249	good cause exemptions in paragraph (6)(b). The review shall
250	address additional supports and services, as described in this
251	subsection, needed to remediate the identified areas of reading
252	deficiency. The school district shall require a student
253	portfolio to be completed for each such student.
254	2.  Provide students who are retained under the provisions
255	of paragraph (5)(b) with intensive instructional services and
256	supports to remediate the identified areas of reading
257	deficiency, including a minimum of 90 minutes of daily,
258	uninterrupted, scientifically research-based reading instruction
259	and other strategies prescribed by the school district, which
260	may include, but are not limited to:
261	a.  Small group instruction.
262	b.  Reduced teacher-student ratios.
263	c.  More frequent progress monitoring.
264	d.  Tutoring or mentoring.
265	e.  Transition classes containing 3rd and 4th grade
266	students.
267	f.  Extended school day, week, or year.
268	g.  Summer reading camps.
269	3.  Provide written notification to the parent of any
270	student who is retained under the provisions of paragraph (5)(b)
271	that his or her child has not met the proficiency level required
272	for promotion and the reasons the child is not eligible for a
273	good cause exemption as provided in paragraph (6)(b). The
274	notification must comply with the provisions of s. 1002.20(15)
275	and must include a description of proposed interventions and
276	supports that will be provided to the child to remediate the
277	identified areas of reading deficiency.
278	4.  Implement a policy for the midyear promotion of any
279	student retained under the provisions of paragraph (5)(b) who
280	can demonstrate that he or she is a successful and independent
281	reader, reading at or above grade level, and ready to be
282	promoted to grade 4. Tools that school districts may use in
283	reevaluating any student retained may include subsequent
284	assessments, alternative assessments, and portfolio reviews, in
285	accordance with rules of the State Board of Education. Students
286	promoted during the school year after November 1 must
287	demonstrate proficiency above that required to score at Level 2
288	on the grade 3 FCAT, as determined by the State Board of
289	Education. The State Board of Education shall adopt standards
290	that provide a reasonable expectation that the student's
291	progress is sufficient to master appropriate 4th grade level
292	reading skills.
293	5.  Provide students who are retained under the provisions
294	of paragraph (5)(b) with a high-performing teacher as determined
295	by student performance data and above-satisfactory performance
296	appraisals.
297	6.  In addition to required reading enhancement and
298	acceleration strategies, provide parents of students to be
299	retained with at least one of the following instructional
300	options:
301	a.  Supplemental tutoring in scientifically research-based
302	reading services in addition to the regular reading block,
303	including tutoring before and/or after school.
304	b.  A "Read at Home" plan outlined in a parental contract,
305	including participation in "Families Building Better Readers
306	Workshops" and regular parent-guided home reading.
307	c.  A mentor or tutor with specialized reading training.
308	7.  Establish a Reading Enhancement and Acceleration
309	Development (READ) Initiative. The focus of the READ Initiative
310	shall be to prevent the retention of grade 3 students and to
311	offer intensive accelerated reading instruction to grade 3
312	students who failed to meet standards for promotion to grade 4
313	and to each K-3 student who is assessed as exhibiting a reading
314	deficiency. The READ Initiative shall:
315	a.  Be provided to all K-3 students at risk of retention as
316	identified by the statewide assessment system used in Reading
317	First schools. The assessment must measure phonemic awareness,
318	phonics, fluency, vocabulary, and comprehension.
319	b.  Be provided during regular school hours in addition to
320	the regular reading instruction.
321	c.  Provide a state-identified reading curriculum that has
322	been reviewed by the Florida Center for Reading Research at
323	Florida State University and meets, at a minimum, the following
324	specifications:
325	(I)  Assists students assessed as exhibiting a reading
326	deficiency in developing the ability to read at grade level.
327	(II)  Provides skill development in phonemic awareness,
328	phonics, fluency, vocabulary, and comprehension.
329	(III)  Provides scientifically based and reliable
330	assessment.
331	(IV)  Provides initial and ongoing analysis of each
332	student's reading progress.
333	(V)  Is implemented during regular school hours.
334	(VI)  Provides a curriculum in core academic subjects to
335	assist the student in maintaining or meeting proficiency levels
336	for the appropriate grade in all academic subjects.
337	8.  Establish at each school, where applicable, an
338	Intensive Acceleration Class for retained grade 3 students who
339	subsequently score at Level 1 on the reading portion of the
340	FCAT. The focus of the Intensive Acceleration Class shall be to
341	increase a child's reading level at least two grade levels in 1
342	school year. The Intensive Acceleration Class shall:
343	a.  Be provided to any student in grade 3 who scores at
344	Level 1 on the reading portion of the FCAT and who was retained
345	in grade 3 the prior year because of scoring at Level 1 on the
346	reading portion of the FCAT.
347	b.  Have a reduced teacher-student ratio.
348	c.  Provide uninterrupted reading instruction for the
349	majority of student contact time each day and incorporate
350	opportunities to master the grade 4 Sunshine State Standards in
351	other core subject areas.
352	d.  Use a reading program that is scientifically research-
353	based and has proven results in accelerating student reading
354	achievement within the same school year.
355	e.  Provide intensive language and vocabulary instruction
356	using a scientifically research-based program, including use of
357	a speech-language therapist.
358	f.  Include weekly progress monitoring measures to ensure
359	progress is being made.
360	g.  Report to the Department of Education, in the manner
361	described by the department, the progress of students in the
362	class at the end of the first semester.
363	9.  Report to the State Board of Education, as requested,
364	on the specific intensive reading interventions and supports
365	implemented at the school district level. The Commissioner of
366	Education shall annually prescribe the required components of
367	requested reports.
368	10.  Provide a student who has been retained in grade 3 and
369	has received intensive instructional services but is still not
370	ready for grade promotion, as determined by the school district,
371	the option of being placed in a transitional instructional
372	setting. Such setting shall specifically be designed to produce
373	learning gains sufficient to meet grade 4 performance standards
374	while continuing to remediate the areas of reading deficiency.
375	(9)(8)  ANNUAL REPORT.--
376	(a)  In addition to the requirements in paragraph (5)(b),
377	each district school board must annually report to the parent of
378	each student the progress of the student toward achieving state
379	and district expectations for proficiency in reading, writing,
380	science, and mathematics. The district school board must report
381	to the parent the student's results on each statewide assessment
382	test. The evaluation of each student's progress must be based
383	upon the student's classroom work, observations, tests, district
384	and state assessments, and other relevant information. Progress
385	reporting must be provided to the parent in writing in a format
386	adopted by the district school board.
387	(b)  Each district school board must annually publish in
388	the local newspaper, and report in writing to the State Board of
389	Education by September 1 of each year, the following information
390	on the prior school year:
391	1.  The provisions of this section relating to public
392	school student progression and the district school board's
393	policies and procedures on student retention and promotion.
394	2.  By grade, the number and percentage of all students in
395	grades 3 through 10 performing at Levels 1 and 2 on the reading
396	portion of the FCAT.
397	3.  By grade, the number and percentage of all students
398	retained in grades 3 through 10.
399	4.  Information on the total number of students who were
400	promoted for good cause, by each category of good cause as
401	specified in paragraph (6)(b).
402	5.  Information on the total number of students who were
403	promoted as a result of appealing their retention under
404	subsection (7).
405	6.5.  Any revisions to the district school board's policy
406	on student retention and promotion from the prior year.
407	(c)  The Department of Education shall establish a uniform
408	format for school districts to report the information required
409	in paragraph (b). The format shall be developed with input from
410	district school boards and shall be provided not later than 90
411	days prior to the annual due date. The department shall annually
412	compile the information required in subparagraphs (b)2., 3., and
413	4., and 5., along with state-level summary information, and
414	report such information to the Governor, the President of the
415	Senate, and the Speaker of the House of Representatives.
416	(10)(9)  STATE BOARD AUTHORITY AND RESPONSIBILITIES.--
417	(a)  The State Board of Education shall have authority as
418	provided in s. 1008.32 to enforce this section.
419	(b)  The State Board of Education shall adopt rules
420	pursuant to ss. 120.536(1) and 120.54 for the administration of
421	this section.
422	(11)(10)  TECHNICAL ASSISTANCE.--The department shall
423	provide technical assistance as needed to aid district school
424	boards in administering this section.
425	Section 2.  This act shall take effect July 1, 2009.

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