Florida Senate - 2009                                    SB 2476
       
       
       
       By Senator Deutch
       
       
       
       
       30-01477-09                                           20092476__
    1                        A bill to be entitled                      
    2         An act relating to public school education; amending
    3         s. 1002.31, F.S.; requiring reimbursement to school
    4         districts for reasonable costs for student
    5         transportation to certain schools and choice programs;
    6         amending ss. 1003.428, 1003.429, 1003.43, 1003.433,
    7         and 1008.22, F.S.; deleting the requirement that a
    8         student earn a passing score on the Florida
    9         Comprehensive Assessment Test (FCAT) for purposes of
   10         high school graduation; revising components of the
   11         FCAT; revising provisions relating to the use of
   12         concordant scores; amending s. 1008.25, F.S.; deleting
   13         mandatory retention for certain grade 3 students;
   14         authorizing certain promotion for good cause; amending
   15         s. 1008.33, F.S.; revising provisions relating to
   16         State Board of Education intervention in the operation
   17         of a district school system; requiring state board
   18         rulemaking relating to school performance; amending s.
   19         1008.34, F.S.; changing the school grading system to a
   20         school performance system; specifying school
   21         performance categories and the basis for designating
   22         such categories; providing for determination of school
   23         district performance; authorizing school districts to
   24         give certain schools increased budget authority;
   25         amending s. 1008.341, F.S.; revising provisions
   26         relating to the school improvement rating for
   27         alternative schools, to conform; amending s. 1008.36,
   28         F.S.; changing the Florida School Recognition Program
   29         to the Every Child Matters Program; providing intent
   30         and purpose of the program; providing for financial
   31         assistance to schools providing remediation and
   32         intervention services to certain students; specifying
   33         the uses of program funds; providing Department of
   34         Education duties; amending ss. 1001.42, 1002.33,
   35         1002.415, 1002.45, 1003.62, 1003.621, 1008.31,
   36         1008.345, 1011.62, 1011.64, and 1012.2315, F.S.;
   37         conforming provisions; providing an effective date.
   38  
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Subsection (3) and paragraph (c) of subsection
   42  (5) of section 1002.31, Florida Statutes, are amended to read:
   43         1002.31 Public school parental choice.—
   44         (3) Each district school board shall develop a controlled
   45  open enrollment plan which describes the implementation of
   46  subsection (2). Each school district shall be reimbursed for
   47  reasonable costs of providing transportation for students who
   48  attend a public school or choice program other than the school
   49  to which the student is assigned through the allocation of Every
   50  Child Matters Program funds by the Department of Education
   51  pursuant to s. 1008.36.
   52         (5) Each school district shall develop a system of
   53  priorities for its plan that includes consideration of the
   54  following:
   55         (c) A process that allows encourages placement of siblings
   56  within the same school.
   57         Section 2. Subsection (4), paragraph (b) of subsection (7),
   58  and subsection (8) of section 1003.428, Florida Statutes, are
   59  amended to read:
   60         1003.428 General requirements for high school graduation;
   61  revised.—
   62         (4) Each district school board shall establish standards
   63  for graduation from its schools, which must include:
   64         (a) Successful completion of the academic credit or
   65  curriculum requirements of subsections (1) and (2).
   66         (b) Earning passing scores on the FCAT, as defined in s.
   67  1008.22(3)(c), or scores on a standardized test that are
   68  concordant with passing scores on the FCAT as defined in s.
   69  1008.22(10).
   70         (b)(c) Completion of all other applicable requirements
   71  prescribed by the district school board pursuant to s. 1008.25.
   72         (c)(d) Achievement of a cumulative grade point average of
   73  2.0 on a 4.0 scale, or its equivalent, in the courses required
   74  by this section.
   75  
   76  Each district school board shall adopt policies designed to
   77  assist students in meeting the requirements of this subsection.
   78  These policies may include, but are not limited to: forgiveness
   79  policies, summer school or before or after school attendance,
   80  special counseling, volunteers or peer tutors, school-sponsored
   81  help sessions, homework hotlines, and study skills classes.
   82  Forgiveness policies for required courses shall be limited to
   83  replacing a grade of “D” or “F,” or the equivalent of a grade of
   84  “D” or “F,” with a grade of “C” or higher, or the equivalent of
   85  a grade of “C” or higher, earned subsequently in the same or
   86  comparable course. Forgiveness policies for elective courses
   87  shall be limited to replacing a grade of “D” or “F,” or the
   88  equivalent of a grade of “D” or “F,” with a grade of “C” or
   89  higher, or the equivalent of a grade of “C” or higher, earned
   90  subsequently in another course. The only exception to these
   91  forgiveness policies shall be made for a student in the middle
   92  grades who takes any high school course for high school credit
   93  and earns a grade of “C,” “D,” or “F” or the equivalent of a
   94  grade of “C,” “D,” or “F.” In such case, the district
   95  forgiveness policy must allow the replacement of the grade with
   96  a grade of “C” or higher, or the equivalent of a grade of “C” or
   97  higher, earned subsequently in the same or comparable course. In
   98  all cases of grade forgiveness, only the new grade shall be used
   99  in the calculation of the student’s grade point average. Any
  100  course grade not replaced according to a district school board
  101  forgiveness policy shall be included in the calculation of the
  102  cumulative grade point average required for graduation.
  103         (7)
  104         (b) A student who completes the minimum number of credits
  105  and other requirements prescribed by subsections (1), (2), and
  106  (3), but who is unable to meet the standards of paragraph (4)(b)
  107  or, paragraph (4)(c), or paragraph (4)(d), shall be awarded a
  108  certificate of completion in a form prescribed by the State
  109  Board of Education. However, any student who is otherwise
  110  entitled to a certificate of completion may elect to remain in
  111  the secondary school either as a full-time student or a part
  112  time student for up to 1 additional year and receive special
  113  instruction designed to remedy his or her identified
  114  deficiencies.
  115         (8)(a) Each district school board must provide instruction
  116  to prepare students with disabilities to demonstrate proficiency
  117  in the core content knowledge and skills necessary for
  118  successful grade-to-grade progression and high school
  119  graduation.
  120         (b) A student with a disability, as defined in s.
  121  1007.02(2), for whom the individual education plan (IEP)
  122  committee determines that the FCAT cannot accurately measure the
  123  student’s abilities taking into consideration all allowable
  124  accommodations, shall have the FCAT requirement of paragraph
  125  (4)(b) waived for the purpose of receiving a standard high
  126  school diploma, if the student:
  127         1. Completes the minimum number of credits and other
  128  requirements prescribed by subsections (1), (2), and (3).
  129         2. Does not meet the requirements of paragraph (4)(b) after
  130  one opportunity in 10th grade and one opportunity in 11th grade.
  131         Section 3. Subsection (6) of section 1003.429, Florida
  132  Statutes, is amended to read:
  133         1003.429 Accelerated high school graduation options.—
  134         (6) Students pursuing accelerated 3-year high school
  135  graduation options pursuant to paragraph (1)(b) or paragraph
  136  (1)(c) are required to:
  137         (a) Earn passing scores on the FCAT as defined in s.
  138  1008.22(3)(c) or scores on a standardized test that are
  139  concordant with passing scores on the FCAT as defined in s.
  140  1008.22(10).
  141         (a)(b)1. Achieve a cumulative weighted grade point average
  142  of 3.5 on a 4.0 scale, or its equivalent, in the courses
  143  required for the college preparatory accelerated 3-year high
  144  school graduation option pursuant to paragraph (1)(b); or
  145         2. Achieve a cumulative weighted grade point average of 3.0
  146  on a 4.0 scale, or its equivalent, in the courses required for
  147  the career preparatory accelerated 3-year high school graduation
  148  option pursuant to paragraph (1)(c).
  149         (b)(c) Receive a weighted or unweighted grade that earns at
  150  least 3.0 points, or its equivalent, to earn course credit
  151  toward the 18 credits required for the college preparatory
  152  accelerated 3-year high school graduation option pursuant to
  153  paragraph (1)(b).
  154         (c)(d) Receive a weighted or unweighted grade that earns at
  155  least 2.0 points, or its equivalent, to earn course credit
  156  toward the 18 credits required for the career preparatory
  157  accelerated 3-year high school graduation option pursuant to
  158  paragraph (1)(c).
  159  
  160  Weighted grades referred to in paragraphs (a), (b), and (c), and
  161  (d) shall be applied to those courses specifically listed or
  162  identified by the department as rigorous pursuant to s.
  163  1009.531(3) or weighted by the district school board for class
  164  ranking purposes.
  165         Section 4. Subsection (5), paragraph (b) of subsection
  166  (10), and subsection (11) of section 1003.43, Florida Statutes,
  167  are amended to read:
  168         1003.43 General requirements for high school graduation.—
  169         (5) Each district school board shall establish standards
  170  for graduation from its schools, and these standards must
  171  include:
  172         (a) Earning passing scores on the FCAT, as defined in s.
  173  1008.22(3)(c), or scores on a standardized test that are
  174  concordant with passing scores on the FCAT as defined in s.
  175  1008.22(10).
  176         (a)(b) Completion of all other applicable requirements
  177  prescribed by the district school board pursuant to s. 1008.25.
  178         (b)(c) Achievement of a cumulative grade point average of
  179  1.5 on a 4.0 scale, or its equivalent, for students entering 9th
  180  grade before the 1997-1998 school year; however, these students
  181  must earn a cumulative grade point average of 2.0 on a 4.0
  182  scale, or its equivalent, in the courses required by subsection
  183  (1) that are taken after July 1, 1997, or have an overall
  184  cumulative grade point average of 2.0 or above.
  185         (c)(d) Achievement of a cumulative grade point average of
  186  2.0 on a 4.0 scale, or its equivalent, in the courses required
  187  by subsection (1), for students entering 9th grade in the 1997
  188  1998 school year and thereafter.
  189         (d)(e) For purposes of paragraphs (b) and (c) and (d):
  190         1. Each district school board shall adopt policies designed
  191  to assist students in meeting these requirements. These policies
  192  may include, but are not limited to: forgiveness policies,
  193  summer school or before or after school attendance, special
  194  counseling, volunteer and/or peer tutors, school-sponsored help
  195  sessions, homework hotlines, and study skills classes. Beginning
  196  in the 2000-2001 school year and each year thereafter,
  197  forgiveness policies for required courses shall be limited to
  198  replacing a grade of “D” or “F,” or the equivalent of a grade of
  199  “D” or “F,” with a grade of “C” or higher, or the equivalent of
  200  a grade of “C” or higher, earned subsequently in the same or
  201  comparable course. Forgiveness policies for elective courses
  202  shall be limited to replacing a grade of “D” or “F,” or the
  203  equivalent of a grade of “D” or “F,” with a grade of “C” or
  204  higher, or the equivalent of a grade of “C” or higher, earned
  205  subsequently in another course. Any course grade not replaced
  206  according to a district school board forgiveness policy shall be
  207  included in the calculation of the cumulative grade point
  208  average required for graduation.
  209         2. At the end of each semester, the parent of each student
  210  in grades 9, 10, 11, and 12 who has a cumulative grade point
  211  average of less than 0.5 above the cumulative grade point
  212  average required for graduation shall be notified that the
  213  student is at risk of not meeting the requirements for
  214  graduation. The notice shall contain an explanation of the
  215  policies the district school board has in place to assist the
  216  student in meeting the grade point average requirement.
  217         3. Special assistance to obtain a high school equivalency
  218  diploma pursuant to s. 1003.435 may be given only when the
  219  student has completed all requirements for graduation except the
  220  attainment of the required cumulative grade point average.
  221  
  222  The standards required in this subsection, and any subsequent
  223  modifications, shall be reprinted in the Florida Administrative
  224  Code even though not defined as “rules.”
  225         (10)
  226         (b) A student who completes the minimum number of credits
  227  and other requirements prescribed by subsections (1) and (4),
  228  but who is unable to meet the standards of paragraph (5)(a) or,
  229  paragraph (5)(b), or paragraph (5)(c), shall be awarded a
  230  certificate of completion in a form prescribed by the State
  231  Board of Education. However, any student who is otherwise
  232  entitled to a certificate of completion may elect to remain in
  233  the secondary school either as a full-time student or a part
  234  time student for up to 1 additional year and receive special
  235  instruction designed to remedy his or her identified
  236  deficiencies.
  237         (11)(a) Each district school board must provide instruction
  238  to prepare students with disabilities to demonstrate proficiency
  239  in the core content knowledge and skills necessary for
  240  successful grade-to-grade progression and high school
  241  graduation.
  242         (b) A student with a disability, as defined in s.
  243  1007.02(2), for whom the individual educational plan (IEP)
  244  committee determines that the FCAT cannot accurately measure the
  245  student’s abilities taking into consideration all allowable
  246  accommodations, shall have the FCAT requirement of paragraph
  247  (5)(a) waived for the purpose of receiving a standard high
  248  school diploma, if the student:
  249         1. Completes the minimum number of credits and other
  250  requirements prescribed by subsections (1) and (4).
  251         2. Does not meet the requirements of paragraph (5)(a) after
  252  one opportunity in 10th grade and one opportunity in 11th grade.
  253         Section 5. Subsection (1) of section 1003.433, Florida
  254  Statutes, is amended to read:
  255         1003.433 Learning opportunities for out-of-state and out
  256  of-country transfer students and students needing additional
  257  instruction to meet high school graduation requirements.—
  258         (1) Students who enter a Florida public school at the
  259  eleventh or twelfth grade from out of state or from a foreign
  260  country shall not be required to spend additional time in a
  261  Florida public school in order to meet the high school course
  262  requirements if the student has met all requirements of the
  263  school district, state, or country from which he or she is
  264  transferring. Such students who are not proficient in English
  265  should receive immediate and intensive instruction in English
  266  language acquisition. However, to receive a standard high school
  267  diploma, a transfer student must earn a 2.0 grade point average
  268  and pass the grade 10 FCAT required in s. 1008.22(3) or an
  269  alternate assessment as described in s. 1008.22(10).
  270         Section 6. Paragraph (c) of subsection (3) and subsections
  271  (6) and (10) of section 1008.22, Florida Statutes, are amended
  272  to read:
  273         1008.22 Student assessment program for public schools.—
  274         (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
  275  design and implement a statewide program of educational
  276  assessment that provides information for the improvement of the
  277  operation and management of the public schools, including
  278  schools operating for the purpose of providing educational
  279  services to youth in Department of Juvenile Justice programs.
  280  The commissioner may enter into contracts for the continued
  281  administration of the assessment, testing, and evaluation
  282  programs authorized and funded by the Legislature. Contracts may
  283  be initiated in 1 fiscal year and continue into the next and may
  284  be paid from the appropriations of either or both fiscal years.
  285  The commissioner is authorized to negotiate for the sale or
  286  lease of tests, scoring protocols, test scoring services, and
  287  related materials developed pursuant to law. Pursuant to the
  288  statewide assessment program, the commissioner shall:
  289         (c) Develop and implement a student achievement testing
  290  program known as the Florida Comprehensive Assessment Test
  291  (FCAT) as part of the statewide assessment program to measure
  292  all aspects of every student’s public education experience as
  293  determined by the Department of Education a student’s content
  294  knowledge and skills in reading, writing, science, and
  295  mathematics. Other Content areas may be included as directed by
  296  the commissioner. Comprehensive assessments of reading and
  297  mathematics shall be administered annually in grades 3 through
  298  10. Comprehensive assessments of writing and science shall be
  299  administered at least once at the elementary, middle, and high
  300  school levels. End-of-course assessments for a subject may be
  301  administered in addition to the comprehensive assessments
  302  required for that subject under this paragraph. An end-of-course
  303  assessment must be rigorous, statewide, standardized, and
  304  developed or approved by the department. The content knowledge
  305  and skills assessed by comprehensive and end-of-course
  306  assessments must be aligned to the core curricular content
  307  established in the Sunshine State Standards. The commissioner
  308  may select one or more nationally developed comprehensive
  309  examinations, which may include, but need not be limited to,
  310  examinations for a College Board Advanced Placement course,
  311  International Baccalaureate course, or Advanced International
  312  Certificate of Education course or industry-approved
  313  examinations to earn national industry certifications as defined
  314  in s. 1003.492, for use as end-of-course assessments under this
  315  paragraph, if the commissioner determines that the content
  316  knowledge and skills assessed by the examinations meet or exceed
  317  the grade level expectations for the core curricular content
  318  established for the course in the Next Generation Sunshine State
  319  Standards. The commissioner may collaborate with the American
  320  Diploma Project in the adoption or development of rigorous end
  321  of-course assessments that are aligned to the Next Generation
  322  Sunshine State Standards. The testing program must be designed
  323  as follows:
  324         1. The tests shall measure student skills and competencies
  325  adopted by the State Board of Education as specified in
  326  paragraph (a). The tests must measure and report student
  327  proficiency levels of all students assessed in reading, writing,
  328  mathematics, and science. The commissioner shall provide for the
  329  tests to be developed or obtained, as appropriate, through
  330  contracts and project agreements with private vendors, public
  331  vendors, public agencies, postsecondary educational
  332  institutions, or school districts. The commissioner shall obtain
  333  input with respect to the design and implementation of the
  334  testing program from state educators, assistive technology
  335  experts, and the public.
  336         2. The testing program shall be composed of criterion
  337  referenced tests that shall, to the extent determined by the
  338  commissioner, include test items that require the student to
  339  produce information or perform tasks in such a way that the core
  340  content knowledge and skills he or she uses can be measured.
  341         3. Beginning with the 2008-2009 school year, the
  342  commissioner shall discontinue administration of the selected
  343  response test items on the comprehensive assessments of writing.
  344  Beginning with the 2012-2013 school year, the comprehensive
  345  assessments of writing shall be composed of a combination of
  346  selected-response test items, short-response performance tasks,
  347  and extended-response performance tasks, which shall measure a
  348  student’s content knowledge of writing, including, but not
  349  limited to, paragraph and sentence structure, sentence
  350  construction, grammar and usage, punctuation, capitalization,
  351  spelling, parts of speech, verb tense, irregular verbs, subject
  352  verb agreement, and noun-pronoun agreement.
  353         4. A score shall be designated for each subject area
  354  tested, below which score a student’s performance is deemed
  355  inadequate. The school districts shall provide appropriate
  356  remedial instruction to students who score below these levels.
  357         5. Except as provided in s. 1003.428(8)(b) or s.
  358  1003.43(11)(b), students must earn a passing score on the grade
  359  10 assessment test described in this paragraph or attain
  360  concordant scores as described in subsection (10) in reading,
  361  writing, and mathematics to qualify for a standard high school
  362  diploma. The State Board of Education shall designate a passing
  363  score for each part of the grade 10 assessment test. In
  364  establishing passing scores, the state board shall consider any
  365  possible negative impact of the test on minority students. The
  366  State Board of Education shall adopt rules which specify the
  367  passing scores for the grade 10 FCAT. Any such rules, which have
  368  the effect of raising the required passing scores, shall apply
  369  only to students taking the grade 10 FCAT for the first time
  370  after such rules are adopted by the State Board of Education.
  371         5.6. Participation in the testing program is mandatory for
  372  all students attending public school, including students served
  373  in Department of Juvenile Justice programs, except as otherwise
  374  prescribed by the commissioner. If a student does not
  375  participate in the statewide assessment, the district must
  376  notify the student’s parent and provide the parent with
  377  information regarding the implications of such nonparticipation.
  378  A parent must provide signed consent for a student to receive
  379  classroom instructional accommodations that would not be
  380  available or permitted on the statewide assessments and must
  381  acknowledge in writing that he or she understands the
  382  implications of such instructional accommodations. The State
  383  Board of Education shall adopt rules, based upon recommendations
  384  of the commissioner, for the provision of test accommodations
  385  for students in exceptional education programs and for students
  386  who have limited English proficiency. Accommodations that negate
  387  the validity of a statewide assessment are not allowable in the
  388  administration of the FCAT. However, instructional
  389  accommodations are allowable in the classroom if included in a
  390  student’s individual education plan. Students using
  391  instructional accommodations in the classroom that are not
  392  allowable as accommodations on the FCAT may have the FCAT
  393  requirement waived pursuant to the requirements of s.
  394  1003.428(8)(b) or s. 1003.43(11)(b).
  395         6.7. A student seeking an adult high school diploma must
  396  meet the same testing requirements that a regular high school
  397  student must meet.
  398         7.8. District school boards must provide instruction to
  399  prepare students to demonstrate proficiency in the core
  400  curricular content established in the Next Generation Sunshine
  401  State Standards adopted under s. 1003.41, including the core
  402  content knowledge and skills necessary for successful grade-to
  403  grade progression and high school graduation. If a student is
  404  provided with instructional accommodations in the classroom that
  405  are not allowable as accommodations in the statewide assessment
  406  program, as described in the test manuals, the district must
  407  inform the parent in writing and must provide the parent with
  408  information regarding the impact on the student’s ability to
  409  meet expected proficiency levels in reading, writing, and
  410  mathematics. The commissioner shall conduct studies as necessary
  411  to verify that the required core curricular content is part of
  412  the district instructional programs.
  413         8.9. District school boards must provide opportunities for
  414  students to demonstrate an acceptable level of performance on an
  415  alternative standardized assessment approved by the State Board
  416  of Education following enrollment in summer academies.
  417         9.10. The Department of Education must develop, or select,
  418  and implement a common battery of assessment tools that will be
  419  used in all juvenile justice programs in the state. These tools
  420  must accurately measure the core curricular content established
  421  in the Sunshine State Standards.
  422         10.11. For students seeking a special diploma pursuant to
  423  s. 1003.438, the Department of Education must develop or select
  424  and implement an alternate assessment tool that accurately
  425  measures the core curricular content established in the Sunshine
  426  State Standards for students with disabilities under s.
  427  1003.438.
  428         11.12. The Commissioner of Education shall establish
  429  schedules for the administration of statewide assessments and
  430  the reporting of student test results. The commissioner shall,
  431  by August 1 of each year, notify each school district in writing
  432  and publish on the department’s Internet website the testing and
  433  reporting schedules for, at a minimum, the school year following
  434  the upcoming school year. The testing and reporting schedules
  435  shall require that:
  436         a. There is the latest possible administration of statewide
  437  assessments and the earliest possible reporting to the school
  438  districts of student test results which is feasible within
  439  available technology and specific appropriations; however, test
  440  results must be made available no later than the final day of
  441  the regular school year for students.
  442         b. Beginning with the 2010-2011 school year, a
  443  comprehensive statewide assessment of writing is not
  444  administered earlier than the week of March 1 and a
  445  comprehensive statewide assessment of any other subject is not
  446  administered earlier than the week of April 15.
  447         c. A statewide standardized end-of-course assessment is
  448  administered within the last 2 weeks of the course.
  449  
  450  The commissioner may, based on collaboration and input from
  451  school districts, design and implement student testing programs,
  452  for any grade level and subject area, necessary to effectively
  453  monitor educational achievement in the state, including the
  454  measurement of educational achievement of the Sunshine State
  455  Standards for students with disabilities. Development and
  456  refinement of assessments shall include universal design
  457  principles and accessibility standards that will prevent any
  458  unintended obstacles for students with disabilities while
  459  ensuring the validity and reliability of the test. These
  460  principles should be applicable to all technology platforms and
  461  assistive devices available for the assessments. The field
  462  testing process and psychometric analyses for the statewide
  463  assessment program must include an appropriate percentage of
  464  students with disabilities and an evaluation or determination of
  465  the effect of test items on such students.
  466         (6) SCHOOL TESTING PROGRAMS.—Each public school shall
  467  participate in the statewide assessment program in accordance
  468  with the testing and reporting schedules published by the
  469  Commissioner of Education under subparagraph (3)(c)11. (3)(c)12.
  470  unless specifically exempted by state board rule based on
  471  serving a specialized population for which standardized testing
  472  is not appropriate. Student performance data shall be analyzed
  473  and reported to parents, the community, and the state. Student
  474  performance data shall be used in developing objectives of the
  475  school improvement plan, evaluation of instructional personnel,
  476  evaluation of administrative personnel, assignment of staff,
  477  allocation of resources, acquisition of instructional materials
  478  and technology, performance-based budgeting, and promotion and
  479  assignment of students into educational programs. The analysis
  480  of student performance data also must identify strengths and
  481  needs in the educational program and trends over time. The
  482  analysis must be used in conjunction with the budgetary planning
  483  processes developed pursuant to s. 1008.385 and the development
  484  of the programs of remediation.
  485         (10) CONCORDANT SCORES FOR THE FCAT.—
  486         (a) The State Board of Education shall analyze the content
  487  and concordant data sets for widely used high school achievement
  488  tests, including, but not limited to, the PSAT, PLAN, SAT, ACT,
  489  and College Placement Test, to assess if concordant scores for
  490  FCAT scores can be determined for high school graduation,
  491  college placement, and scholarship awards. In cases where
  492  content alignment and concordant scores can be determined, the
  493  Commissioner of Education shall adopt those scores as meeting
  494  the graduation requirement in lieu of achieving the FCAT passing
  495  score and may adopt those scores as being sufficient to achieve
  496  additional purposes as determined by rule. Each time that test
  497  content or scoring procedures change for the FCAT or for a high
  498  school achievement test for which a concordant score is
  499  determined, new concordant scores must be determined.
  500         (b) In order to use a concordant subject area score
  501  pursuant to this subsection to satisfy the assessment
  502  requirement for a standard high school diploma as provided in s.
  503  1003.429(6)(a), s. 1003.43(5)(a), or s. 1003.428, a student must
  504  take each subject area of the grade 10 FCAT a total of three
  505  times without earning a passing score. The requirements of this
  506  paragraph shall not apply to a new student who enters the
  507  Florida public school system in grade 12, who may either achieve
  508  a passing score on the FCAT or use an approved subject area
  509  concordant score to fulfill the graduation requirement.
  510         (b)(c) The State Board of Education may define by rule the
  511  allowable uses, other than to satisfy the high school graduation
  512  requirement, for concordant scores as described in this
  513  subsection. Such uses may include, but need not be limited to,
  514  achieving appropriate standardized test scores required for the
  515  awarding of Florida Bright Futures Scholarships and college
  516  placement.
  517         Section 7. Paragraphs (b) and (c) of subsection (5),
  518  paragraphs (b) and (c) of subsection (6), and paragraph (b) of
  519  subsection (7) of section 1008.25, Florida Statutes, are amended
  520  to read:
  521         1008.25 Public school student progression; remedial
  522  instruction; reporting requirements.—
  523         (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
  524         (b) Beginning with the 2002-2003 school year, if the
  525  student’s reading deficiency, as identified in paragraph (a), is
  526  not remedied by the end of grade 3, as demonstrated by scoring
  527  at Level 2 or higher on the statewide assessment test in reading
  528  for grade 3, the student may must be retained at the discretion
  529  of the teacher and principal after consultation with the
  530  student’s parent.
  531         (c) The parent of any student who exhibits a substantial
  532  deficiency in reading, as described in paragraph (a), must be
  533  notified in writing of the following:
  534         1. That his or her child has been identified as having a
  535  substantial deficiency in reading.
  536         2. A description of the current services that are provided
  537  to the child.
  538         3. A description of the proposed supplemental instructional
  539  services and supports that will be provided to the child that
  540  are designed to remediate the identified area of reading
  541  deficiency.
  542         4. That if the child’s reading deficiency is not remediated
  543  by the end of grade 3, the child may must be retained unless he
  544  or she is exempt from mandatory retention for good 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) is
  548  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 Intensive
  707  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, on
  733  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 improvement.—It
  747  is the intent of the Legislature that all public schools be held
  748  accountable for students performing at acceptable levels. A
  749  system of school improvement and accountability that assesses
  750  student performance by school, identifies schools in which
  751  students are not making adequate progress toward state
  752  standards, institutes appropriate measures for enforcing
  753  improvement, and provides rewards and sanctions based on
  754  performance shall be the responsibility of the State Board of
  755  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 practices,
  808  and provide additional assistance if the state board determines
  809  the causes of inadequate progress to be related to school
  810  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, or
  815  reorganize the school at the end of the school year under a new
  816  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 to
  835  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 report
  852  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, student
  878  performance shall be based on all students’ annual learning
  879  gains and increased student performance compared to the previous
  880  year. Each school that has students who are tested and included
  881  in the school performance grading system shall receive a school
  882  performance category designation grade, except as follows:
  883         1. A school shall not receive a school performance category
  884  designation grade if the number of its students tested and
  885  included in the school performance grading system is less than
  886  the minimum sample size necessary, based on accepted
  887  professional practice, for statistical reliability and
  888  prevention of the unlawful release of personally identifiable
  889  student data under s. 1002.22 or 20 U.S.C. s. 1232g.
  890         2. An alternative school may choose to receive a school
  891  performance category designation grade under this section or a
  892  school improvement rating under s. 1008.341.
  893         3. A school that serves any combination of students in
  894  kindergarten through grade 3 which does not receive a school
  895  performance category designation grade because its students are
  896  not tested and included in the school performance grading system
  897  shall receive the school performance category grade designation
  898  of a K-3 feeder pattern school identified by the Department of
  899  Education and verified by the school district. A school feeder
  900  pattern exists if at least 60 percent of the students in the
  901  school serving a combination of students in kindergarten through
  902  grade 3 are scheduled to be assigned to the categorized graded
  903  school.
  904         (b)1. A school’s performance grade shall be based on a
  905  combination of:
  906         a. Student achievement scores, including achievement scores
  907  for students seeking a special diploma.
  908         b. Student learning gains as measured annually by annual
  909  FCAT assessments in grades 3 through 10; learning gains for
  910  students seeking a special diploma, as measured by an alternate
  911  assessment tool, shall be included not later than the 2009-2010
  912  school year.
  913         c. Improvement of the lowest 25th percentile of students in
  914  the school in reading, mathematics, or writing on the FCAT and
  915  on non-FCAT measures, unless these students are exhibiting
  916  satisfactory performance.
  917         2. Beginning with the 2009-2010 school year for schools
  918  comprised of high school grades 9, 10, 11, and 12, or grades 10,
  919  11, and 12, 50 percent of the school performance grade shall be
  920  based on a combination of the factors listed in sub
  921  subparagraphs 1.a.-c. and the remaining 50 percent on the
  922  following factors:
  923         a. The high school graduation rate of the school;
  924         b. As valid data becomes available, the performance and
  925  participation of the school’s students in College Board Advanced
  926  Placement courses, International Baccalaureate courses, dual
  927  enrollment courses, and Advanced International Certificate of
  928  Education courses; and the students’ achievement of industry
  929  certification, as determined by the Agency for Workforce
  930  Innovation under s. 1003.492(2) in a career and professional
  931  academy, as described in s. 1003.493;
  932         c. Postsecondary readiness of the school’s students as
  933  measured by the SAT, ACT, or the common placement test;
  934         d. The high school graduation rate of at-risk students who
  935  scored at Level 2 or lower on the grade 8 FCAT Reading and
  936  Mathematics examinations;
  937         e. As valid data becomes available, the performance of the
  938  school’s students on statewide standardized end-of-course
  939  assessments administered under s. 1008.22; and
  940         f. The growth or decline in the components listed in sub
  941  subparagraphs a.-e. from year to year.
  942         (c) Student assessment data used in determining school
  943  performance grades shall include:
  944         1. The aggregate scores of all eligible students enrolled
  945  in the school who have been assessed on the FCAT and on non-FCAT
  946  measures.
  947         2. The aggregate scores of all eligible students enrolled
  948  in the school who have been assessed on the FCAT and on non-FCAT
  949  measures and who have scored at or in the lowest 25th percentile
  950  of students in the school in reading, mathematics, or writing,
  951  unless these students are exhibiting satisfactory performance.
  952         3. Effective with the 2005-2006 school year, the
  953  achievement scores and learning gains of eligible students
  954  attending alternative schools that provide dropout prevention
  955  and academic intervention services pursuant to s. 1003.53. The
  956  term “eligible students” in this subparagraph does not include
  957  students attending an alternative school who are subject to
  958  district school board policies for expulsion for repeated or
  959  serious offenses, who are in dropout retrieval programs serving
  960  students who have officially been designated as dropouts, or who
  961  are in programs operated or contracted by the Department of
  962  Juvenile Justice. The student performance data for eligible
  963  students identified in this subparagraph shall be included in
  964  the calculation of the home school’s performance grade. As used
  965  in this section and s. 1008.341, the term “home school” means
  966  the school to which the student would be assigned if the student
  967  were not assigned to an alternative school. If an alternative
  968  school chooses to be designated graded under this section,
  969  student performance data for eligible students identified in
  970  this subparagraph shall not be included in the home school’s
  971  performance grade but shall be included only in the calculation
  972  of the alternative school’s performance grade. A school district
  973  that fails to assign the FCAT scores of each of its students to
  974  his or her home school or to the alternative school that
  975  receives a performance category designation grade shall forfeit
  976  Every Child Matters Program Florida School Recognition Program
  977  funds for 1 fiscal year. School districts must require
  978  collaboration between the home school and the alternative school
  979  in order to promote student success. This collaboration must
  980  include an annual discussion between the principal of the
  981  alternative school and the principal of each student’s home
  982  school concerning the most appropriate school assignment of the
  983  student.
  984         4. Beginning with the 2009-2010 school year for schools
  985  comprised of high school grades 9, 10, 11, and 12, or grades 10,
  986  11, and 12, the data listed in subparagraphs 1.-3. and the
  987  following data as the Department of Education determines such
  988  data are valid and available:
  989         a. The high school graduation rate of the school as
  990  calculated by the Department of Education;
  991         b. The participation rate of all eligible students enrolled
  992  in the school and enrolled in College Board Advanced Placement
  993  courses; International Baccalaureate courses; dual enrollment
  994  courses; Advanced International Certificate of Education
  995  courses; and courses or sequence of courses leading to industry
  996  certification, as determined by the Agency for Workforce
  997  Innovation under s. 1003.492(2) in a career and professional
  998  academy, as described in s. 1003.493;
  999         c. The aggregate scores of all eligible students enrolled
 1000  in the school in College Board Advanced Placement courses,
 1001  International Baccalaureate courses, and Advanced International
 1002  Certificate of Education courses;
 1003         d. Earning of college credit by all eligible students
 1004  enrolled in the school in dual enrollment programs under s.
 1005  1007.271;
 1006         e. Earning of an industry certification, as determined by
 1007  the Agency for Workforce Innovation under s. 1003.492(2) in a
 1008  career and professional academy, as described in s. 1003.493;
 1009         f. The aggregate scores of all eligible students enrolled
 1010  in the school in reading, mathematics, and other subjects as
 1011  measured by the SAT, the ACT, and the common placement test for
 1012  postsecondary readiness;
 1013         g. The high school graduation rate of all eligible at-risk
 1014  students enrolled in the school who scored at Level 2 or lower
 1015  on the grade 8 FCAT Reading and Mathematics examinations;
 1016         h. The performance of the school’s students on statewide
 1017  standardized end-of-course assessments administered under s.
 1018  1008.22; and
 1019         i. The growth or decline in the data components listed in
 1020  sub-subparagraphs a.-h. from year to year.
 1021  
 1022  The State Board of Education shall adopt appropriate criteria
 1023  for each school performance category grade. The criteria must
 1024  also give added weight to student achievement in reading.
 1025  Schools designated with a performance category “Maintaining”
 1026  grade of “C,” making satisfactory progress, shall be required to
 1027  demonstrate that adequate progress has been made by students in
 1028  the school who are in the lowest 25th percentile in reading,
 1029  mathematics, or writing on the FCAT and on non-FCAT measures,
 1030  unless these students are exhibiting satisfactory performance.
 1031  Beginning with the 2009-2010 school year for schools comprised
 1032  of high school grades 9, 10, 11, and 12, or grades 10, 11, and
 1033  12, the criteria for school performance grades must also give
 1034  added weight to the graduation rate of all eligible at-risk
 1035  students, as defined in this paragraph. Beginning in the 2009
 1036  2010 school year, in order for a high school to be designated as
 1037  having a performance category of “Improving,” grade of “A,”
 1038  making excellent progress, the school must demonstrate that at
 1039  risk students, as defined in this paragraph, in the school are
 1040  making adequate progress.
 1041         (4) SCHOOL IMPROVEMENT RATINGS.—The annual report shall
 1042  identify each school’s performance as having improved, remained
 1043  the same, or declined. This school improvement rating shall be
 1044  based on a comparison of the current year’s and previous year’s
 1045  student and school performance data. Schools that improve at
 1046  least one grade level are eligible for school recognition awards
 1047  pursuant to s. 1008.36.
 1048         (5) SCHOOL REPORT CARD.—The Department of Education shall
 1049  annually develop, in collaboration with the school districts, a
 1050  school report card to be delivered to parents throughout each
 1051  school district. The report card shall include the school’s
 1052  performance category grade, information regarding school
 1053  improvement, an explanation of school performance as evaluated
 1054  by the federal No Child Left Behind Act of 2001, and indicators
 1055  of return on investment. Each school’s report card shall be
 1056  published annually by the department on its website, and the
 1057  school district shall provide the school report card to each
 1058  parent.
 1059         (6) PERFORMANCE-BASED FUNDING.—The Legislature may factor
 1060  in the performance of schools in calculating any performance
 1061  based funding policy that is provided for annually in the
 1062  General Appropriations Act.
 1063         (7) DISTRICT PERFORMANCE GRADE.—
 1064         (a) The annual report required by subsection (1) shall
 1065  include district performance grades, which shall consist of
 1066  weighted district average performance grades, by level, for all
 1067  elementary schools, middle schools, and high schools in the
 1068  district. A district’s weighted average performance grade shall
 1069  be calculated by weighting individual school performance grades
 1070  determined pursuant to subsection (2) by school enrollment.
 1071         (b) School districts shall have a variety of tools at their
 1072  disposal to maintain high performance standards. These tools
 1073  shall include, but are not limited to, giving to schools that
 1074  receive a performance category “Improving” greater authority
 1075  over the allocation of the school’s total budget generated from
 1076  the FEFP, state categoricals, lottery funds, grants, and local
 1077  funds, as specified in State Board of Education rule. The rule
 1078  must provide that the increased budget authority shall remain in
 1079  effect unless the school’s performance category declines.
 1080         (8) RULES.—The State Board of Education shall adopt rules
 1081  under ss. 120.536(1) and 120.54 to administer this section.
 1082         Section 10. Subsections (2) and (3) of section 1008.341,
 1083  Florida Statutes, are amended to read:
 1084         1008.341 School improvement rating for alternative
 1085  schools.—
 1086         (2) SCHOOL IMPROVEMENT RATING.—An alternative school that
 1087  provides dropout prevention and academic intervention services
 1088  pursuant to s. 1003.53 shall receive a school improvement rating
 1089  pursuant to this section. However, an alternative school shall
 1090  not receive a school improvement rating if the number of its
 1091  students for whom student performance data is available for the
 1092  current year and previous year is less than the minimum sample
 1093  size necessary, based on accepted professional practice, for
 1094  statistical reliability and prevention of the unlawful release
 1095  of personally identifiable student data under s. 1002.22 or 20
 1096  U.S.C. s. 1232g. The school improvement rating shall identify an
 1097  alternative school as having one of the following ratings
 1098  defined according to rules of the State Board of Education:
 1099         (a) “Improving” means the students attending the school are
 1100  making more academic progress than when the students were served
 1101  in their home schools.
 1102         (b) “Maintaining” means the students attending the school
 1103  are making progress equivalent to the progress made when the
 1104  students were served in their home schools.
 1105         (c) “Declining” means the students attending the school are
 1106  making less academic progress than when the students were served
 1107  in their home schools.
 1108  
 1109  The school improvement rating shall be based on a comparison of
 1110  student performance data for the current year and previous year.
 1111  Schools that improve at least one level or maintain an
 1112  “improving” rating pursuant to this section are eligible for
 1113  school recognition awards pursuant to s. 1008.36.
 1114         (3) DESIGNATION OF SCHOOL IMPROVEMENT RATING.—Student data
 1115  used in determining an alternative school’s school improvement
 1116  rating shall include:
 1117         (a) The aggregate scores of all eligible students who were
 1118  assigned to and enrolled in the school during the October or
 1119  February FTE count, who have been assessed on the FCAT and on
 1120  non-FCAT measures, and who have FCAT or comparable scores for
 1121  the preceding school year.
 1122         (b) The aggregate scores of all eligible students who were
 1123  assigned to and enrolled in the school during the October or
 1124  February FTE count, who have been assessed on the FCAT and on
 1125  non-FCAT measures, and who have scored in the lowest 25th
 1126  percentile of students in the state on the FCAT and on non-FCAT
 1127  measures Reading.
 1128  
 1129  The assessment scores of students who are subject to district
 1130  school board policies for expulsion for repeated or serious
 1131  offenses, who are in dropout retrieval programs serving students
 1132  who have officially been designated as dropouts, or who are in
 1133  programs operated or contracted by the Department of Juvenile
 1134  Justice may not be included in an alternative school’s school
 1135  improvement rating.
 1136         Section 11. Section 1008.36, Florida Statutes, is amended
 1137  to read:
 1138         1008.36 Every Child Matters Program Florida School
 1139  Recognition Program.—
 1140         (1) The Legislature finds that in order to provide every
 1141  student enrolled in K-12 public schools with the opportunity to
 1142  achieve a successful public education, academic problems must be
 1143  identified early, with remediation and intervention services to
 1144  follow. It is the intent of this section that no child shall be
 1145  left behind there is a need for a performance incentive program
 1146  for outstanding faculty and staff in highly productive schools.
 1147  The Legislature further finds that performance-based incentives
 1148  are commonplace in the private sector and should be infused into
 1149  the public sector as a reward for productivity.
 1150         (2) The Every Child Matters Program Florida School
 1151  Recognition Program is created to provide financial awards to
 1152  public schools that:
 1153         (a) A curriculum-based, year-round measurement of learning
 1154  gains for all public school students enrolled in kindergarten
 1155  through grade 12. Sustain high performance by receiving a school
 1156  grade of “A,” making excellent progress; or
 1157         (b) Remediation and intervention services to all public
 1158  school students enrolled in kindergarten through grade 12 who
 1159  are not meeting grade-appropriate performance expectations,
 1160  including FCAT scores and non-FCAT measures Demonstrate
 1161  exemplary improvement due to innovation and effort by improving
 1162  at least one letter grade or by improving more than one letter
 1163  grade and sustaining the improvement the following school year.
 1164         (3) All public schools, including charter schools, that
 1165  receive a school grade pursuant to s. 1008.34 are eligible to
 1166  participate in the program.
 1167         (4) All selected schools shall receive financial assistance
 1168  awards depending on the availability of funds appropriated and
 1169  the number and size of schools selected to receive an award.
 1170  Funds must be distributed to the school’s fiscal agent and
 1171  placed in the school’s account and must be used for purposes
 1172  listed in subsection (5) as determined jointly by the school’s
 1173  staff and school advisory council. If school staff and the
 1174  school advisory council cannot reach agreement by November 1,
 1175  the awards must be equally distributed to all classroom teachers
 1176  currently teaching in the school.
 1177         (5) Every Child Matters Program funds School recognition
 1178  awards must be used for the following:
 1179         (a) Administration of a regular formative assessment
 1180  approved by the State Board of Education. Nonrecurring bonuses
 1181  to the faculty and staff;
 1182         (b) Nonrecurring expenditures for remediation of low
 1183  performing students, including remediation programs and
 1184  intervention services adopted and administered by the Department
 1185  of Education.
 1186         (c)(b) Nonrecurring expenditures for educational equipment
 1187  or materials to assist in the remediation of low-performing
 1188  students. maintaining and improving student performance; or
 1189         (d)(c) Temporary personnel for the school to assist in the
 1190  remediation of low-performing students maintaining and improving
 1191  student performance.
 1192         (e) Contracts with private sector participants to provide
 1193  remediation services provided that 90 percent of the personnel
 1194  providing services reside in the state and that the contracts
 1195  include requirements to ensure that the private sector
 1196  participants are accountable for performance.
 1197         (f) Transportation of students pursuant to s. 1002.31.
 1198         (6) The Department of Education shall provide training and
 1199  informational resources for educators to administer the
 1200  formative assessment pursuant to paragraph (5)(a) and shall be
 1201  responsible for developing and implementing provisions for the
 1202  collection and analysis of the assessment data.
 1203         (7) The Department of Education shall establish policies
 1204  and procedures for the development of individual education plans
 1205  for low-performing students who receive remediation and
 1206  intervention services pursuant to this section.
 1207  
 1208  Notwithstanding statutory provisions to the contrary, incentive
 1209  awards are not subject to collective bargaining.
 1210         Section 12. Paragraphs (a), (c), and (d) of subsection (18)
 1211  and paragraph (d) of subsection (19) of section 1001.42, Florida
 1212  Statutes, are amended to read:
 1213         1001.42 Powers and duties of district school board.—The
 1214  district school board, acting as a board, shall exercise all
 1215  powers and perform all duties listed below:
 1216         (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.
 1217  Maintain a system of school improvement and education
 1218  accountability as provided by statute and State Board of
 1219  Education rule. This system of school improvement and education
 1220  accountability shall be consistent with, and implemented
 1221  through, the district’s continuing system of planning and
 1222  budgeting required by this section and ss. 1008.385, 1010.01,
 1223  and 1011.01. This system of school improvement and education
 1224  accountability shall include, but is not limited to, the
 1225  following:
 1226         (a) School improvement plans.—Annually approve and require
 1227  implementation of a new, amended, or continuation school
 1228  improvement plan for each school in the district. A district
 1229  school board may establish a district school improvement plan
 1230  that includes all schools in the district operating for the
 1231  purpose of providing educational services to youth in Department
 1232  of Juvenile Justice programs. The school improvement plan shall
 1233  be designed to achieve the state education priorities pursuant
 1234  to s. 1000.03(5) and student proficiency on the Sunshine State
 1235  Standards pursuant to s. 1003.41. Each plan shall address
 1236  student achievement goals and strategies based on state and
 1237  school district proficiency standards. The plan may also address
 1238  issues relative to other academic-related matters, as determined
 1239  by district school board policy, and shall include an accurate,
 1240  data-based analysis of student achievement and other school
 1241  performance data. Beginning with plans approved for
 1242  implementation in the 2007-2008 school year, each secondary
 1243  school plan must include a redesign component based on the
 1244  principles established in s. 1003.413. For each school in the
 1245  district that earns a performance category “Declining” school
 1246  grade of “C” or below, or is required to have a school
 1247  improvement plan under federal law, the school improvement plan
 1248  shall, at a minimum, also include:
 1249         1. Professional development that supports enhanced and
 1250  differentiated instructional strategies to improve teaching and
 1251  learning.
 1252         2. Continuous use of disaggregated student achievement data
 1253  to determine effectiveness of instructional strategies.
 1254         3. Ongoing informal and formal assessments to monitor
 1255  individual student progress, including progress toward mastery
 1256  of the Sunshine State Standards, and to redesign instruction if
 1257  needed.
 1258         4. Alternative instructional delivery methods to support
 1259  remediation, acceleration, and enrichment strategies.
 1260         (c) Assistance and intervention.—
 1261         1. Develop a 2-year plan of increasing individualized
 1262  assistance and intervention for each school in danger of not
 1263  meeting state standards or making adequate progress, as defined
 1264  pursuant to statute and State Board of Education rule, toward
 1265  meeting the goals and standards of its approved school
 1266  improvement plan.
 1267         2. Provide assistance and intervention to a school that is
 1268  designated with a performance category “Declining” grade of “D”
 1269  pursuant to s. 1008.34 and is in danger of failing.
 1270         3. Develop a plan to encourage teachers with demonstrated
 1271  mastery in improving student performance to remain at or
 1272  transfer to a school with a performance category “Declining”
 1273  grade of “D” or “F” or to an alternative school that serves
 1274  disruptive or violent youths. If a classroom teacher, as defined
 1275  by s. 1012.01(2)(a), who meets the definition of teaching
 1276  mastery developed according to the provisions of this paragraph,
 1277  requests assignment to a school designated with a performance
 1278  category “Declining” grade of “D” or “F” or to an alternative
 1279  school that serves disruptive or violent youths, the district
 1280  school board shall make every practical effort to grant the
 1281  request.
 1282         4. Prioritize, to the extent possible, the expenditures of
 1283  funds received from the supplemental academic instruction
 1284  categorical fund under s. 1011.62(1)(f) to improve student
 1285  performance in schools that receive a performance category
 1286  “Declining.” grade of “D” or “F.”
 1287         (d) After 2 years.—Notify the Commissioner of Education and
 1288  the State Board of Education in the event any school does not
 1289  make adequate progress toward meeting the goals and standards of
 1290  a school improvement plan by the end of 2 years of failing to
 1291  make adequate progress and proceed according to guidelines
 1292  developed pursuant to statute and State Board of Education rule.
 1293  School districts shall provide intervention and assistance to
 1294  schools in danger of being designated with a performance
 1295  category “Declining.” grade of “F,” failing to make adequate
 1296  progress.
 1297         (19) LOCAL-LEVEL DECISIONMAKING.—
 1298         (d) Adopt policies that assist in giving greater autonomy,
 1299  including authority over the allocation of the school’s budget,
 1300  to schools designated with a performance category “Improving.”
 1301  grade of “A,” making excellent progress, and schools rated as
 1302  having improved at least two grades.
 1303         Section 13. Paragraph (b) of subsection (7) and paragraphs
 1304  (o) and (p) of subsection (9) of section 1002.33, Florida
 1305  Statutes, are amended to read:
 1306         1002.33 Charter schools.—
 1307         (7) CHARTER.—The major issues involving the operation of a
 1308  charter school shall be considered in advance and written into
 1309  the charter. The charter shall be signed by the governing body
 1310  of the charter school and the sponsor, following a public
 1311  hearing to ensure community input.
 1312         (b)1. A charter may be renewed provided that a program
 1313  review demonstrates that the criteria in paragraph (a) have been
 1314  successfully accomplished and that none of the grounds for
 1315  nonrenewal established by paragraph (8)(a) has been documented.
 1316  In order to facilitate long-term financing for charter school
 1317  construction, charter schools operating for a minimum of 3 years
 1318  and demonstrating exemplary academic programming and fiscal
 1319  management are eligible for a 15-year charter renewal. Such
 1320  long-term charter is subject to annual review and may be
 1321  terminated during the term of the charter.
 1322         2. The 15-year charter renewal that may be granted pursuant
 1323  to subparagraph 1. shall be granted to a charter school that has
 1324  received a performance category “Improving” or “Maintaining”
 1325  school grade of “A” or “B” pursuant to s. 1008.34 in 3 of the
 1326  past 4 years and is not in a state of financial emergency or
 1327  deficit position as defined by this section. Such long-term
 1328  charter is subject to annual review and may be terminated during
 1329  the term of the charter pursuant to subsection (8).
 1330         (9) CHARTER SCHOOL REQUIREMENTS.—
 1331         (o) The director and a representative of the governing body
 1332  of a charter school that has received a performance category
 1333  “Declining” school grade of “D” under s. 1008.34(2) shall appear
 1334  before the sponsor or the sponsor’s staff at least once a year
 1335  to present information concerning each contract component having
 1336  noted deficiencies. The sponsor shall communicate at the
 1337  meeting, and in writing to the director, the services provided
 1338  to the school to help the school address its deficiencies.
 1339         (p) Upon notification that a charter school receives a
 1340  performance category “Declining” school grade of “D” for 2
 1341  consecutive years or a school grade of “F” under s. 1008.34(2),
 1342  the charter school sponsor or the sponsor’s staff shall require
 1343  the director and a representative of the governing body to
 1344  submit to the sponsor for approval a school improvement plan to
 1345  raise student achievement and to implement the plan. The sponsor
 1346  has the authority to approve a school improvement plan that the
 1347  charter school will implement in the following school year. The
 1348  sponsor may also consider the State Board of Education’s
 1349  recommended action pursuant to s. 1008.33(1) as part of the
 1350  school improvement plan. The Department of Education shall offer
 1351  technical assistance and training to the charter school and its
 1352  governing body and establish guidelines for developing,
 1353  submitting, and approving such plans.
 1354         1. If the charter school fails to improve its student
 1355  performance from the year immediately prior to the
 1356  implementation of the school improvement plan, the sponsor shall
 1357  place the charter school on probation and shall require the
 1358  charter school governing body to take one of the following
 1359  corrective actions:
 1360         a. Contract for the educational services of the charter
 1361  school;
 1362         b. Reorganize the school at the end of the school year
 1363  under a new director or principal who is authorized to hire new
 1364  staff and implement a plan that addresses the causes of
 1365  inadequate progress; or
 1366         c. Reconstitute the charter school.
 1367         2. A charter school that is placed on probation shall
 1368  continue the corrective actions required under subparagraph 1.
 1369  until the charter school improves its student performance from
 1370  the year prior to the implementation of the school improvement
 1371  plan.
 1372         3. Notwithstanding any provision of this paragraph, the
 1373  sponsor may terminate the charter at any time pursuant to the
 1374  provisions of subsection (8).
 1375         Section 14. Subsection (7) and paragraph (a) of subsection
 1376  (8) of section 1002.415, Florida Statutes, are amended to read:
 1377         1002.415 K-8 Virtual School Program.—Subject to annual
 1378  legislative appropriation, a kindergarten through grade 8
 1379  virtual school program is established within the Department of
 1380  Education for the purpose of making academic instruction
 1381  available to full-time students in kindergarten through grade 8
 1382  using online and distance learning technology. The department
 1383  shall use an application process to select schools to deliver
 1384  program instruction.
 1385         (7) ASSESSMENT AND ACCOUNTABILITY.—
 1386         (a) Each K-8 virtual school must participate in the
 1387  statewide assessment program created under s. 1008.22 and shall
 1388  be subject to the school performance grading system created by
 1389  s. 1008.34.
 1390         (b) A K-8 virtual school that has a performance grade
 1391  category “Declining” of “D” or “F” must file a school
 1392  improvement plan with the department for consultation to
 1393  determine the causes for low performance and to develop a plan
 1394  for correction and improvement.
 1395         (c) The department shall terminate the contract of any K-8
 1396  virtual school that receives a performance grade category
 1397  “Declining” of “D” or “F” for 2 years in a 3-year during any
 1398  consecutive 4-year period.
 1399         (8) CAUSES FOR NONRENEWAL OR TERMINATION OF A CONTRACT.—
 1400         (a) At the end of a contract with a K-8 virtual school, the
 1401  department may choose not to renew the contract for any of the
 1402  following grounds:
 1403         1. Failure to participate in the state’s education
 1404  accountability system created in s. 1008.31, as required in this
 1405  section;
 1406         2. Failure to receive a school performance category
 1407  “Maintaining” grade of “C” or better under the school
 1408  performance grading system created by s. 1008.34 for any 2 years
 1409  in a 3-year consecutive 4-year period;
 1410         3. Failure to meet generally accepted standards of fiscal
 1411  management;
 1412         4. Violation of law;
 1413         5. Failure of the Legislature to fund the program; or
 1414         6. Other good cause shown.
 1415         Section 15. Subsections (4) and (8) of section 1002.45,
 1416  Florida Statutes, are amended to read:
 1417         1002.45 School district virtual instruction programs.—
 1418         (4) PROGRAM CAPACITY; ENROLLMENT.—Beginning with the 2010
 1419  2011 school year, except for courses offered by the Florida
 1420  Virtual School under s. 1002.37, a school district may not
 1421  increase the enrollment for its full-time virtual instruction
 1422  program in excess of its prior school year enrollment unless the
 1423  program for the previous school year is designated with a
 1424  performance category “Maintaining” grade of “C,” making
 1425  satisfactory progress, or better under the school performance
 1426  grading system provided in s. 1008.34.
 1427         (8) ASSESSMENT AND ACCOUNTABILITY.—
 1428         (a) With the exception of the programs offered by the
 1429  Florida Virtual School under s. 1002.37, each school district
 1430  virtual instruction program must:
 1431         1. Participate in the statewide assessment program under s.
 1432  1008.22 and in the state’s education performance accountability
 1433  system under s. 1008.31.
 1434         2. Receive a performance category designation school grade
 1435  as provided in s. 1008.34. A school district virtual instruction
 1436  program shall be considered a school under s. 1008.34 for
 1437  purposes of this section, regardless of the number of individual
 1438  providers participating in the district’s program.
 1439         (b) The performance of part-time students under paragraph
 1440  (7)(c) shall not be included for purposes of school performance
 1441  category designation grading under subparagraph (a)2.; however,
 1442  their performance shall be included for school performance
 1443  category designation grading purposes by the nonvirtual school
 1444  providing the student’s primary instruction.
 1445         (c) A program that is designated with a performance
 1446  category “Declining” grade of “D,” making less than satisfactory
 1447  progress, or “F,” failing to make adequate progress, must file a
 1448  school improvement plan with the department for consultation to
 1449  determine the causes for low performance and to develop a plan
 1450  for correction and improvement.
 1451         (d) The school district shall terminate its program,
 1452  including all contracts with providers for such program, if the
 1453  program receives a performance category “Declining” grade of
 1454  “D,” making less than satisfactory progress, or “F,” failing to
 1455  make adequate progress, for 2 years during any consecutive 4
 1456  year period. If a contract is not renewed or is terminated, the
 1457  contracted provider is responsible for all debts of the program
 1458  or school operated by the provider.
 1459         (e) A school district that terminates its program under
 1460  paragraph (d) shall contract with a provider selected and
 1461  approved by the department for the provision of virtual
 1462  instruction until the school district receives approval from the
 1463  department to operate a new school district virtual instruction
 1464  program.
 1465         Section 16. Paragraph (a) of subsection (1) of section
 1466  1003.62, Florida Statutes, is amended to read:
 1467         1003.62 Academic performance-based charter school
 1468  districts.—The State Board of Education may enter into a
 1469  performance contract with district school boards as authorized
 1470  in this section for the purpose of establishing them as academic
 1471  performance-based charter school districts. The purpose of this
 1472  section is to examine a new relationship between the State Board
 1473  of Education and district school boards that will produce
 1474  significant improvements in student achievement, while complying
 1475  with constitutional and statutory requirements assigned to each
 1476  entity.
 1477         (1) ACADEMIC PERFORMANCE-BASED CHARTER SCHOOL DISTRICT.—
 1478         (a) A school district shall be eligible for designation as
 1479  an academic performance-based charter school district if it is a
 1480  high-performing school district in which a minimum of 50 percent
 1481  of the schools earn a performance category “Improving” grade of
 1482  “A” or “B” and in which no school earns a performance category
 1483  “Declining” grade of “D” or “F” for 2 consecutive years pursuant
 1484  to s. 1008.34. Schools that receive a grade of “I” or “N” shall
 1485  not be included in this calculation. The performance contract
 1486  for a school district that earns a charter based on school
 1487  performance grades shall be predicated on maintenance of at
 1488  least 50 percent of the schools in the school district earning a
 1489  performance category “Improving” grade of “A” or “B” with no
 1490  school in the school district earning a performance category
 1491  “Declining” grade of “D” or “F” for 2 consecutive years. A
 1492  school district in which the number of schools that earn a
 1493  performance category “Improving” grade of “A” or “B” is less
 1494  than 50 percent may have its charter renewed for 1 year;
 1495  however, if the percentage of performance category “Improving”
 1496  “A” or “B” schools is less than 50 percent for 2 consecutive
 1497  years, the charter shall not be renewed.
 1498         Section 17. Subsection (1) of section 1003.621, Florida
 1499  Statutes, are amended to read:
 1500         1003.621 Academically high-performing school districts.—It
 1501  is the intent of the Legislature to recognize and reward school
 1502  districts that demonstrate the ability to consistently maintain
 1503  or improve their high-performing status. The purpose of this
 1504  section is to provide high-performing school districts with
 1505  flexibility in meeting the specific requirements in statute and
 1506  rules of the State Board of Education.
 1507         (1) ACADEMICALLY HIGH-PERFORMING SCHOOL DISTRICT.—
 1508         (a) A school district is an academically high-performing
 1509  school district if it meets the following criteria:
 1510         1.a. Beginning with the 2004-2005 school year, earns a
 1511  performance category “Improving” grade of “A” under s.
 1512  1008.34(7) for 2 consecutive years; and
 1513         b. Has no district-operated school that earns a performance
 1514  category “Declining” grade of “F” under s. 1008.34;
 1515         2. Complies with all class size requirements in s. 1, Art.
 1516  IX of the State Constitution and s. 1003.03; and
 1517         3. Has no material weaknesses or instances of material
 1518  noncompliance noted in the annual financial audit conducted
 1519  pursuant to s. 218.39.
 1520         (b) Each school district that satisfies the eligibility
 1521  criteria in this subsection shall be designated by the State
 1522  Board of Education as an academically high-performing school
 1523  district. With the exception of the statutes listed in
 1524  subsection (2), upon designation as an academically high
 1525  performing school district, each such district is exempt from
 1526  the provisions in chapters 1000-1013 which pertain to school
 1527  districts and rules of the State Board of Education which
 1528  implement these exempt provisions. This exemption remains in
 1529  effect during the time of the designation if the district
 1530  continues to meet all eligibility criteria.
 1531         (c) The academically high-performing school district shall
 1532  retain the designation as a high-performing school district for
 1533  3 years, at the end of which time the district may renew the
 1534  designation if the district meets the requirements in this
 1535  section. A school district that fails to meet the requirements
 1536  in this section shall provide written notification to the State
 1537  Board of Education that the district is no longer eligible to be
 1538  designated as an academically high-performing school district.
 1539         (d) In order to maintain the designation as an academically
 1540  high-performing school district pursuant to this section, a
 1541  school district must meet the following requirements:
 1542         1. Comply with the provisions of subparagraphs(a)2. and 3.;
 1543  and
 1544         2. Earn a performance category “Improving” grade of “A”
 1545  under s. 1008.34(7) for 2 years within a 3-year period.
 1546  
 1547  However, a district in which a district-operated school earns a
 1548  performance category “Declining” grade of “F” under s. 1008.34
 1549  during the 3-year period may not continue to be designated as an
 1550  academically high-performing school district during the
 1551  remainder of that 3-year period. The district must meet the
 1552  criteria in paragraph (a) in order to be redesignated as an
 1553  academically high-performing school district.
 1554         Section 18. Paragraph (b) of subsection (1) of section
 1555  1008.31, Florida Statutes, is amended to read:
 1556         1008.31 Florida’s K-20 education performance accountability
 1557  system; legislative intent; mission, goals, and systemwide
 1558  measures; data quality improvements.—
 1559         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
 1560  that:
 1561         (b) The K-20 education performance accountability system be
 1562  established as a single, unified accountability system with
 1563  multiple components, including, but not limited to, measures of
 1564  adequate yearly progress, individual student learning gains in
 1565  public schools, school performance categories grades, and return
 1566  on investment.
 1567         Section 19. Paragraphs (b) and (d) of subsection (6) and
 1568  subsection (7) of section 1008.345, Florida Statutes, are
 1569  amended to read:
 1570         1008.345 Implementation of state system of school
 1571  improvement and education accountability.—
 1572         (6)
 1573         (b) Upon request, the department shall provide technical
 1574  assistance and training to any school, including any school
 1575  operating for the purpose of providing educational services to
 1576  youth in Department of Juvenile Justice programs, school
 1577  advisory council, district, or district school board for
 1578  conducting needs assessments, developing and implementing school
 1579  improvement plans, developing and implementing assistance and
 1580  intervention plans, or implementing other components of school
 1581  improvement and accountability. Priority for these services
 1582  shall be given to schools designated with a performance category
 1583  “Declining” grade of “D” or “F” and school districts in rural
 1584  and sparsely populated areas of the state.
 1585         (d) The commissioner shall assign a community assessment
 1586  team to each school district or governing board with a school
 1587  receiving a performance category “Declining” graded “F” to
 1588  review the school performance data and determine causes for the
 1589  low performance, including the role of school, area, and
 1590  district administrative personnel. The community assessment team
 1591  shall review a high school’s graduation rate calculated without
 1592  GED tests for the past 3 years, disaggregated by student
 1593  ethnicity. The team shall make recommendations to the school
 1594  board or the governing board, to the department, and to the
 1595  State Board of Education for implementing an assistance and
 1596  intervention plan that will address the causes of the school’s
 1597  low performance. The assessment team shall include, but not be
 1598  limited to, a department representative, parents, business
 1599  representatives, educators, representatives of local
 1600  governments, and community activists, and shall represent the
 1601  demographics of the community from which they are appointed.
 1602         (7)(a) Schools designated with a performance category
 1603  “Improving” a grade of “A,” making excellent progress, shall, if
 1604  requested by the school, be given deregulated status as
 1605  specified in s. 1003.63(5), (7), (8), (9), and (10).
 1606         (b) Schools that have improved at least two grades and that
 1607  meet the criteria of the Florida School Recognition Program
 1608  pursuant to s. 1008.36 may be given deregulated status as
 1609  specified in s. 1003.63(5), (7), (8), (9), and (10).
 1610         Section 20. Paragraphs (h), (m), and (n) of subsection (1)
 1611  and paragraph (d) of subsection (7) of section 1011.62, Florida
 1612  Statutes, are amended to read:
 1613         1011.62 Funds for operation of schools.—If the annual
 1614  allocation from the Florida Education Finance Program to each
 1615  district for operation of schools is not determined in the
 1616  annual appropriations act or the substantive bill implementing
 1617  the annual appropriations act, it shall be determined as
 1618  follows:
 1619         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
 1620  OPERATION.—The following procedure shall be followed in
 1621  determining the annual allocation to each district for
 1622  operation:
 1623         (h) Small, isolated high schools.—Districts which levy the
 1624  maximum nonvoted discretionary millage, exclusive of millage for
 1625  capital outlay purposes levied pursuant to s. 1011.71(2), may
 1626  calculate full-time equivalent students for small, isolated high
 1627  schools by multiplying the number of unweighted full-time
 1628  equivalent students times 2.75; provided the school has attained
 1629  a performance category “Maintaining” grade of “C” or better,
 1630  pursuant to s. 1008.34, for the previous school year. For the
 1631  purpose of this section, the term “small, isolated high school”
 1632  means any high school which is located no less than 28 miles by
 1633  the shortest route from another high school; which has been
 1634  serving students primarily in basic studies provided by sub
 1635  subparagraphs (c)1.b. and c. and may include subparagraph (c)4.;
 1636  and which has a membership of no more than 100 students, but no
 1637  fewer than 28 students, in grades 9 through 12.
 1638         (m) Calculation of additional full-time equivalent
 1639  membership based on Advanced International Certificate of
 1640  Education examination scores of students.—A value of 0.16 full
 1641  time equivalent student membership shall be calculated for each
 1642  student enrolled in a full-credit Advanced International
 1643  Certificate of Education course who receives a score of E or
 1644  higher on a subject examination. A value of 0.08 full-time
 1645  equivalent student membership shall be calculated for each
 1646  student enrolled in a half-credit Advanced International
 1647  Certificate of Education course who receives a score of E or
 1648  higher on a subject examination. A value of 0.3 full-time
 1649  equivalent student membership shall be calculated for each
 1650  student who receives an Advanced International Certificate of
 1651  Education diploma. Such value shall be added to the total full
 1652  time equivalent student membership in basic programs for grades
 1653  9 through 12 in the subsequent fiscal year. The school district
 1654  shall distribute to each classroom teacher who provided Advanced
 1655  International Certificate of Education instruction:
 1656         1. A bonus in the amount of $50 for each student taught by
 1657  the Advanced International Certificate of Education teacher in
 1658  each full-credit Advanced International Certificate of Education
 1659  course who receives a score of E or higher on the Advanced
 1660  International Certificate of Education examination. A bonus in
 1661  the amount of $25 for each student taught by the Advanced
 1662  International Certificate of Education teacher in each half
 1663  credit Advanced International Certificate of Education course
 1664  who receives a score of E or higher on the Advanced
 1665  International Certificate of Education examination.
 1666         2. An additional bonus of $500 to each Advanced
 1667  International Certificate of Education teacher in a school
 1668  designated with a performance category “Declining” grade of “D”
 1669  or “F” who has at least one student scoring E or higher on the
 1670  full-credit Advanced International Certificate of Education
 1671  examination, regardless of the number of classes taught or of
 1672  the number of students scoring an E or higher on the full-credit
 1673  Advanced International Certificate of Education examination.
 1674         3. Additional bonuses of $250 each to teachers of half
 1675  credit Advanced International Certificate of Education classes
 1676  in a school designated with a performance category “Declining”
 1677  grade of “D” or “F” which has at least one student scoring an E
 1678  or higher on the half-credit Advanced International Certificate
 1679  of Education examination in that class. The maximum additional
 1680  bonus for a teacher awarded in accordance with this subparagraph
 1681  shall not exceed $500 in any given school year. Teachers
 1682  receiving an award under subparagraph 2. are not eligible for a
 1683  bonus under this subparagraph.
 1684  
 1685  Bonuses awarded to a teacher according to this paragraph shall
 1686  not exceed $2,000 in any given school year and shall be in
 1687  addition to any regular wage or other bonus the teacher received
 1688  or is scheduled to receive.
 1689         (n) Calculation of additional full-time equivalent
 1690  membership based on college board advanced placement scores of
 1691  students.—A value of 0.16 full-time equivalent student
 1692  membership shall be calculated for each student in each advanced
 1693  placement course who receives a score of 3 or higher on the
 1694  College Board Advanced Placement Examination for the prior year
 1695  and added to the total full-time equivalent student membership
 1696  in basic programs for grades 9 through 12 in the subsequent
 1697  fiscal year. Each district must allocate at least 80 percent of
 1698  the funds provided to the district for advanced placement
 1699  instruction, in accordance with this paragraph, to the high
 1700  school that generates the funds. The school district shall
 1701  distribute to each classroom teacher who provided advanced
 1702  placement instruction:
 1703         1. A bonus in the amount of $50 for each student taught by
 1704  the Advanced Placement teacher in each advanced placement course
 1705  who receives a score of 3 or higher on the College Board
 1706  Advanced Placement Examination.
 1707         2. An additional bonus of $500 to each Advanced Placement
 1708  teacher in a school designated with a performance category
 1709  “Declining” grade of “D” or “F” who has at least one student
 1710  scoring 3 or higher on the College Board Advanced Placement
 1711  Examination, regardless of the number of classes taught or of
 1712  the number of students scoring a 3 or higher on the College
 1713  Board Advanced Placement Examination.
 1714  
 1715  Bonuses awarded to a teacher according to this paragraph shall
 1716  not exceed $2,000 in any given school year and shall be in
 1717  addition to any regular wage or other bonus the teacher received
 1718  or is scheduled to receive.
 1719         (7) DETERMINATION OF SPARSITY SUPPLEMENT.—
 1720         (d) Each district’s allocation of sparsity supplement funds
 1721  shall be adjusted in the following manner:
 1722         1. A maximum discretionary levy per FTE value for each
 1723  district shall be calculated by dividing the value of each
 1724  district’s maximum discretionary levy by its FTE student count.
 1725         2. A state average discretionary levy value per FTE shall
 1726  be calculated by dividing the total maximum discretionary levy
 1727  value for all districts by the state total FTE student count.
 1728         3. A total potential funds per FTE for each district shall
 1729  be calculated by dividing the total potential funds, not
 1730  including Every Child Matters Program Florida School Recognition
 1731  Program funds and the minimum guarantee, for each district by
 1732  its FTE student count.
 1733         4. A state average total potential funds per FTE shall be
 1734  calculated by dividing the total potential funds, not including
 1735  Every Child Matters Program Florida School Recognition Program
 1736  funds and the minimum guarantee, for all districts by the state
 1737  total FTE student count.
 1738         5. For districts that have a levy value per FTE as
 1739  calculated in subparagraph 1. higher than the state average
 1740  calculated in subparagraph 2., a sparsity wealth adjustment
 1741  shall be calculated as the product of the difference between the
 1742  state average levy value per FTE calculated in subparagraph 2.
 1743  and the district’s levy value per FTE calculated in subparagraph
 1744  1. and the district’s FTE student count and -1. However, no
 1745  district shall have a sparsity wealth adjustment that, when
 1746  applied to the total potential funds calculated in subparagraph
 1747  3., would cause the district’s total potential funds per FTE to
 1748  be less than the state average calculated in subparagraph 4.
 1749         6. Each district’s sparsity supplement allocation shall be
 1750  calculated by adding the amount calculated as specified in
 1751  paragraphs (a) and (b) and the wealth adjustment amount
 1752  calculated in this paragraph.
 1753         Section 21. Paragraph (a) of subsection (2) of section
 1754  1011.64, Florida Statutes, is amended to read:
 1755         1011.64 School district minimum classroom expenditure
 1756  requirements.—
 1757         (2) For the purpose of implementing the provisions of this
 1758  section, the Legislature shall prescribe minimum academic
 1759  performance standards and minimum classroom expenditure
 1760  requirements for districts not meeting such minimum academic
 1761  performance standards in the General Appropriations Act.
 1762         (a) Minimum academic performance standards may be based on,
 1763  but are not limited to, district performance grades determined
 1764  pursuant to s. 1008.34(7).
 1765         Section 22. Subsections (1), (2), and (5) of section
 1766  1012.2315, Florida Statutes, are amended to read:
 1767         1012.2315 Assignment of teachers.—
 1768         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
 1769  disparities between teachers assigned to teach in a majority of
 1770  “A” graded schools receiving a performance category “Improving”
 1771  and teachers assigned to teach in a majority of “F” graded
 1772  schools receiving a performance category “Declining. The
 1773  disparities can be found in the average years of experience, the
 1774  median salary, and the performance of the teachers on teacher
 1775  certification examinations. It is the intent of the Legislature
 1776  that district school boards have flexibility through the
 1777  collective bargaining process to assign teachers more equitably
 1778  across the schools in the district.
 1779         (2) ASSIGNMENT TO SCHOOLS. GRADED “D” OR “F.”—School
 1780  districts may not assign a higher percentage than the school
 1781  district average of first-time teachers, temporarily certified
 1782  teachers, teachers in need of improvement, or out-of-field
 1783  teachers to schools with above the school district average of
 1784  minority and economically disadvantaged students or schools that
 1785  are designated performance category “Declining.” graded “D” or
 1786  “F.” Each school district shall annually certify to the
 1787  Commissioner of Education that this requirement has been met. If
 1788  the commissioner determines that a school district is not in
 1789  compliance with this subsection, the State Board of Education
 1790  shall be notified and shall take action pursuant to s. 1008.32
 1791  in the next regularly scheduled meeting to require compliance.
 1792         (5) REPORT.—Schools receiving a performance category
 1793  “Declining” graded “D” or “F” shall annually report their
 1794  teacher-retention rate. Included in this report shall be reasons
 1795  listed for leaving by each teacher who left the school for any
 1796  reason.
 1797         Section 23. This act shall take effect July 1, 2009.