Florida Senate - 2009 SB 78
By Senator Wilson
33-00089-09 200978__
1 A bill to be entitled
2 An act relating to the school grading system; amending
3 s. 1008.34, F.S.; removing letter grades from the
4 performance grade categories by which schools must be
5 identified in the Commissioner of Education's annual
6 report of the results of the statewide assessment
7 program; amending ss. 1001.42, 1002.33, 1002.38,
8 1002.415, 1003.62, 1008.33, 1008.345, 1008.36, and
9 1011.62, F.S.; conforming provisions to changes made
10 by the act; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Subsections (2) and (3) of section 1008.34,
15 Florida Statutes, are amended to read:
16 1008.34 School grading system; school report cards;
17 district grade.—
18 (2) SCHOOL GRADES.—The annual report must shall identify
19 schools as having one of the following performance grades,
20 defined according to rules of the State Board of Education:
21 (a) “A,” Schools making excellent progress.
22 (b) “B,” Schools making above average progress.
23 (c) “C,” Schools making satisfactory progress.
24 (d) “D,” Schools making less than satisfactory progress.
25 (e) “F,” Schools failing to make adequate progress.
26 Each school designated with a grade of “A,” making excellent
27 progress, or having improved at least two grade levels, shall
28 have greater authority over the allocation of the school's total
29 budget generated from the FEFP, state categoricals, lottery
30 funds, grants, and local funds, as specified in state board
31 rule. The rule must provide that the increased budget authority
32 shall remain in effect until the school's grade declines.
33 (3) DESIGNATION OF SCHOOL GRADES.—
34 (a) Each school that has students who are tested and
35 included in the school grading system shall receive a school
36 grade, except as follows:
37 1. A school shall not receive a school grade if the number
38 of its students tested and included in the school grading system
39 is less than the minimum sample size necessary, based on
40 accepted professional practice, for statistical reliability and
41 prevention of the unlawful release of personally identifiable
42 student data under s. 1002.22 or 20 U.S.C. s. 1232g.
43 2. An alternative school may choose to receive a school
44 grade under this section or a school improvement rating under s.
45 1008.341.
46 3. A school that serves any combination of students in
47 kindergarten through grade 3 which does not receive a school
48 grade because its students are not tested and included in the
49 school grading system shall receive the school grade designation
50 of a K-3 feeder pattern school identified by the Department of
51 Education and verified by the school district. A school feeder
52 pattern exists if at least 60 percent of the students in the
53 school serving a combination of students in kindergarten through
54 grade 3 are scheduled to be assigned to the graded school.
55 (b)1. A school's grade shall be based on a combination of:
56 a. Student achievement scores, including achievement scores
57 for students seeking a special diploma.
58 b. Student learning gains as measured by annual FCAT
59 assessments in grades 3 through 10; learning gains for students
60 seeking a special diploma, as measured by an alternate
61 assessment tool, shall be included not later than the 2009-2010
62 school year.
63 c. Improvement of the lowest 25th percentile of students in
64 the school in reading, mathematics, or writing on the FCAT,
65 unless these students are exhibiting satisfactory performance.
66 2. Beginning with the 2009-2010 school year for schools
67 comprised of high school grades 9, 10, 11, and 12, or grades 10,
68 11, and 12, 50 percent of the school grade shall be based on a
69 combination of the factors listed in sub-subparagraphs 1.a.-c.
70 and the remaining 50 percent on the following factors:
71 a. The high school graduation rate of the school;
72 b. As valid data becomes available, the performance and
73 participation of the school's students in College Board Advanced
74 Placement courses, International Baccalaureate courses, dual
75 enrollment courses, and Advanced International Certificate of
76 Education courses; and the students' achievement of industry
77 certification, as determined by the Agency for Workforce
78 Innovation under s. 1003.492(2) in a career and professional
79 academy, as described in s. 1003.493;
80 c. Postsecondary readiness of the school's students as
81 measured by the SAT, ACT, or the common placement test;
82 d. The high school graduation rate of at-risk students who
83 scored at Level 2 or lower on the grade 8 FCAT Reading and
84 Mathematics examinations;
85 e. As valid data becomes available, the performance of the
86 school's students on statewide standardized end-of-course
87 assessments administered under s. 1008.22; and
88 f. The growth or decline in the components listed in sub
89 subparagraphs a.-e. from year to year.
90 (c) Student assessment data used in determining school
91 grades shall include:
92 1. The aggregate scores of all eligible students enrolled
93 in the school who have been assessed on the FCAT.
94 2. The aggregate scores of all eligible students enrolled
95 in the school who have been assessed on the FCAT and who have
96 scored at or in the lowest 25th percentile of students in the
97 school in reading, mathematics, or writing, unless these
98 students are exhibiting satisfactory performance.
99 3. Effective with the 2005-2006 school year, the
100 achievement scores and learning gains of eligible students
101 attending alternative schools that provide dropout prevention
102 and academic intervention services pursuant to s. 1003.53. The
103 term “eligible students” in this subparagraph does not include
104 students attending an alternative school who are subject to
105 district school board policies for expulsion for repeated or
106 serious offenses, who are in dropout retrieval programs serving
107 students who have officially been designated as dropouts, or who
108 are in programs operated or contracted by the Department of
109 Juvenile Justice. The student performance data for eligible
110 students identified in this subparagraph shall be included in
111 the calculation of the home school's grade. As used in this
112 section and s. 1008.341, the term “home school” means the school
113 to which the student would be assigned if the student were not
114 assigned to an alternative school. If an alternative school
115 chooses to be graded under this section, student performance
116 data for eligible students identified in this subparagraph shall
117 not be included in the home school's grade but shall be included
118 only in the calculation of the alternative school's grade. A
119 school district that fails to assign the FCAT scores of each of
120 its students to his or her home school or to the alternative
121 school that receives a grade shall forfeit Florida School
122 Recognition Program funds for 1 fiscal year. School districts
123 must require collaboration between the home school and the
124 alternative school in order to promote student success. This
125 collaboration must include an annual discussion between the
126 principal of the alternative school and the principal of each
127 student's home school concerning the most appropriate school
128 assignment of the student.
129 4. Beginning with the 2009-2010 school year for schools
130 comprised of high school grades 9, 10, 11, and 12, or grades 10,
131 11, and 12, the data listed in subparagraphs 1.-3. and the
132 following data as the Department of Education determines such
133 data are valid and available:
134 a. The high school graduation rate of the school as
135 calculated by the Department of Education;
136 b. The participation rate of all eligible students enrolled
137 in the school and enrolled in College Board Advanced Placement
138 courses; International Baccalaureate courses; dual enrollment
139 courses; Advanced International Certificate of Education
140 courses; and courses or sequence of courses leading to industry
141 certification, as determined by the Agency for Workforce
142 Innovation under s. 1003.492(2) in a career and professional
143 academy, as described in s. 1003.493;
144 c. The aggregate scores of all eligible students enrolled
145 in the school in College Board Advanced Placement courses,
146 International Baccalaureate courses, and Advanced International
147 Certificate of Education courses;
148 d. Earning of college credit by all eligible students
149 enrolled in the school in dual enrollment programs under s.
150 1007.271;
151 e. Earning of an industry certification, as determined by
152 the Agency for Workforce Innovation under s. 1003.492(2) in a
153 career and professional academy, as described in s. 1003.493;
154 f. The aggregate scores of all eligible students enrolled
155 in the school in reading, mathematics, and other subjects as
156 measured by the SAT, the ACT, and the common placement test for
157 postsecondary readiness;
158 g. The high school graduation rate of all eligible at-risk
159 students enrolled in the school who scored at Level 2 or lower
160 on the grade 8 FCAT Reading and Mathematics examinations;
161 h. The performance of the school's students on statewide
162 standardized end-of-course assessments administered under s.
163 1008.22; and
164 i. The growth or decline in the data components listed in
165 sub-subparagraphs a.-h. from year to year.
166 The State Board of Education shall adopt appropriate criteria
167 for each school grade. The criteria must also give added weight
168 to student achievement in reading. Schools designated as with a
169 grade of “C,” making satisfactory progress, shall be required to
170 demonstrate that adequate progress has been made by students in
171 the school who are in the lowest 25th percentile in reading,
172 mathematics, or writing on the FCAT, unless these students are
173 exhibiting satisfactory performance. Beginning with the 2009
174 2010 school year for schools comprised of high school grades 9,
175 10, 11, and 12, or grades 10, 11, and 12, the criteria for
176 school grades must also give added weight to the graduation rate
177 of all eligible at-risk students, as defined in this paragraph.
178 Beginning in the 2009-2010 school year, in order for a high
179 school to be designated as having a grade of “A,” making
180 excellent progress, the school must demonstrate that at-risk
181 students, as defined in this paragraph, in the school are making
182 adequate progress.
183 Section 2. Paragraphs (c) and (d) of subsection (18),
184 paragraph (d) of subsection (19), and subsection (20) of section
185 1001.42, Florida Statutes, are amended to read:
186 1001.42 Powers and duties of district school board.—The
187 district school board, acting as a board, shall exercise all
188 powers and perform all duties listed below:
189 (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.
190 Maintain a system of school improvement and education
191 accountability as provided by statute and State Board of
192 Education rule. This system of school improvement and education
193 accountability shall be consistent with, and implemented
194 through, the district's continuing system of planning and
195 budgeting required by this section and ss. 1008.385, 1010.01,
196 and 1011.01. This system of school improvement and education
197 accountability shall include, but is not limited to, the
198 following:
199 (c) Assistance and intervention.—
200 1. Develop a 2-year plan of increasing individualized
201 assistance and intervention for each school in danger of not
202 meeting state standards or making adequate progress, as defined
203 pursuant to statute and State Board of Education rule, toward
204 meeting the goals and standards of its approved school
205 improvement plan.
206 2. Provide assistance and intervention to a school that is
207 designated as making less than satisfactory progress with a
208 grade of “D” pursuant to s. 1008.34 and is in danger of failing.
209 3. Develop a plan to encourage teachers with demonstrated
210 mastery in improving student performance to remain at or
211 transfer to a school designated as making less than satisfactory
212 progress or failing to make adequate progress with a grade of
213 “D” or “F” or to an alternative school that serves disruptive or
214 violent youths. If a classroom teacher, as defined by s.
215 1012.01(2)(a), who meets the definition of teaching mastery
216 developed according to the provisions of this paragraph,
217 requests assignment to a school designated as making less than
218 satisfactory progress or failing to make adequate progress with
219 a grade of “D” or “F” or to an alternative school that serves
220 disruptive or violent youths, the district school board shall
221 make every practical effort to grant the request.
222 4. Prioritize, to the extent possible, the expenditures of
223 funds received from the supplemental academic instruction
224 categorical fund under s. 1011.62(1)(f) to improve student
225 performance in schools designated as making less than
226 satisfactory progress or failing to make adequate progress. that
227 receive a grade of “D” or “F.”
228 (d) After 2 years.—Notify the Commissioner of Education and
229 the State Board of Education in the event any school does not
230 make adequate progress toward meeting the goals and standards of
231 a school improvement plan by the end of 2 years of failing to
232 make adequate progress and proceed according to guidelines
233 developed pursuant to statute and State Board of Education rule.
234 School districts shall provide intervention and assistance to
235 schools in danger of being designated as with a grade of “F,”
236 failing to make adequate progress.
237 (19) LOCAL-LEVEL DECISIONMAKING.—
238 (d) Adopt policies that assist in giving greater autonomy,
239 including authority over the allocation of the school's budget,
240 to schools designated as with a grade of “A,” making excellent
241 progress, and schools rated as having improved at least two
242 grades.
243 (20) OPPORTUNITY SCHOLARSHIPS.—Adopt policies allowing
244 students attending schools that have been designated as with a
245 grade of “F,” failing to make adequate progress, for 2 school
246 years in a 4-year period to attend a higher performing school in
247 the district or an adjoining district or be granted a state
248 opportunity scholarship to a private school, in conformance with
249 s. 1002.38 and State Board of Education rule.
250 Section 3. Paragraph (b) of subsection (7) and paragraphs
251 (o) and (p) of subsection (9) of section 1002.33, Florida
252 Statutes, are amended to read:
253 1002.33 Charter schools.—
254 (7) CHARTER.—The major issues involving the operation of a
255 charter school shall be considered in advance and written into
256 the charter. The charter shall be signed by the governing body
257 of the charter school and the sponsor, following a public
258 hearing to ensure community input.
259 (b)1. A charter may be renewed if provided that a program
260 review demonstrates that the criteria in paragraph (a) have been
261 successfully accomplished and that none of the grounds for
262 nonrenewal established by paragraph (8)(a) has been documented.
263 In order to facilitate long-term financing for charter school
264 construction, charter schools operating for a minimum of 3 years
265 and demonstrating exemplary academic programming and fiscal
266 management are eligible for a 15-year charter renewal. Such
267 long-term charter is subject to annual review and may be
268 terminated during the term of the charter.
269 2. The 15-year charter renewal that may be granted pursuant
270 to subparagraph 1. shall be granted to a charter school that is
271 designated as making excellent progress or making above average
272 progress has received a school grade of “A” or “B” pursuant to
273 s. 1008.34 in 3 of the past 4 years and is not in a state of
274 financial emergency or deficit position as defined by this
275 section. Such long-term charter is subject to annual review and
276 may be terminated during the term of the charter pursuant to
277 subsection (8).
278 (9) CHARTER SCHOOL REQUIREMENTS.—
279 (o) The director and a representative of the governing body
280 of a charter school that is designated as making less than
281 satisfactory progress has received a school grade of “D” under
282 s. 1008.34(2) shall appear before the sponsor or the sponsor's
283 staff at least once a year to present information concerning
284 each contract component having noted deficiencies. The sponsor
285 shall communicate at the meeting, and in writing to the
286 director, the services provided to the school to help the school
287 address its deficiencies.
288 (p) Upon notification that a charter school has been
289 designated as making less than satisfactory progress receives a
290 school grade of “D” for 2 consecutive years or is designated as
291 failing to make adequate progress a school grade of “F” under s.
292 1008.34(2), the charter school sponsor or the sponsor's staff
293 shall require the director and a representative of the governing
294 body to submit to the sponsor for approval a school improvement
295 plan to raise student achievement and to implement the plan. The
296 sponsor has the authority to approve a school improvement plan
297 that the charter school will implement in the following school
298 year. The sponsor may also consider the State Board of
299 Education's recommended action pursuant to s. 1008.33(1) as part
300 of the school improvement plan. The Department of Education
301 shall offer technical assistance and training to the charter
302 school and its governing body and establish guidelines for
303 developing, submitting, and approving such plans.
304 1. If the charter school fails to improve its student
305 performance from the year immediately prior to the
306 implementation of the school improvement plan, the sponsor shall
307 place the charter school on probation and shall require the
308 charter school governing body to take one of the following
309 corrective actions:
310 a. Contract for the educational services of the charter
311 school;
312 b. Reorganize the school at the end of the school year
313 under a new director or principal who is authorized to hire new
314 staff and implement a plan that addresses the causes of
315 inadequate progress; or
316 c. Reconstitute the charter school.
317 2. A charter school that is placed on probation shall
318 continue the corrective actions required under subparagraph 1.
319 until the charter school improves its student performance from
320 the year prior to the implementation of the school improvement
321 plan.
322 3. Notwithstanding any provision in of this paragraph, the
323 sponsor may terminate the charter at any time pursuant to the
324 provisions of subsection (8).
325 Section 4. Subsection (2) and paragraphs (a) and (b) of
326 subsection (3) of section 1002.38, Florida Statutes, are amended
327 to read:
328 1002.38 Opportunity Scholarship Program.—
329 (2) OPPORTUNITY SCHOLARSHIP ELIGIBILITY.—A public school
330 student's parent may request and receive from the state an
331 opportunity scholarship for the student to enroll in and attend
332 a private school in accordance with the provisions of this
333 section if:
334 (a)1. By assigned school attendance area or by special
335 assignment, the student has spent the prior school year in
336 attendance at a public school that has been designated pursuant
337 to s. 1008.34 as performance grade category “F,” failing to make
338 adequate progress, and that has had 2 school years in a 4-year
339 period of such low performance, and the student's attendance
340 occurred during a school year in which such designation was in
341 effect;
342 2. The student has been in attendance elsewhere in the
343 public school system and has been assigned to such school for
344 the next school year; or
345 3. The student is entering kindergarten or first grade and
346 has been notified that the student has been assigned to such
347 school for the next school year.
348 (b) The parent has obtained acceptance for admission of the
349 student to a private school eligible for the program pursuant to
350 subsection (4), and has notified the Department of Education and
351 the school district of the request for an opportunity
352 scholarship no later than July 1 of the first year in which the
353 student intends to use the scholarship.
354 This section does The provisions of this section shall not apply
355 to a student who is enrolled in a school operating for the
356 purpose of providing educational services to youth in Department
357 of Juvenile Justice commitment programs. For purposes of
358 continuity of educational choice, the opportunity scholarship
359 shall remain in force until the student returns to a public
360 school or, if the student chooses to attend a private school the
361 highest grade of which is grade 8, until the student
362 matriculates to high school and the public high school to which
363 the student is assigned is an accredited school with a
364 performance grade category designation as making satisfactory
365 progress of “C” or better. However, at any time upon reasonable
366 notice to the Department of Education and the school district,
367 the student's parent may remove the student from the private
368 school and place the student in a public school, as provided in
369 subparagraph (3)(a)2.
370 (3) SCHOOL DISTRICT OBLIGATIONS.—
371 (a) A school district shall, for each student enrolled in
372 or assigned to a school that has been designated as failing to
373 make adequate progress performance grade category “F” for 2
374 school years in a 4-year period:
375 1. Timely notify the parent of the student as soon as such
376 designation is made of all options available pursuant to this
377 section.
378 2. Offer that student's parent an opportunity to enroll the
379 student in the public school within the district that has been
380 designated by the state pursuant to s. 1008.34 as a school
381 performing higher than that in which the student is currently
382 enrolled or to which the student has been assigned, but not less
383 than the performance grade category of “schools making
384 satisfactory progress.” “C.” The parent is not required to
385 accept this offer in lieu of requesting a state opportunity
386 scholarship to a private school. The opportunity to continue
387 attending the higher performing public school shall remain in
388 force until the student graduates from high school.
389 (b) The parent of a student enrolled in or assigned to a
390 school that has been designated as failing to make adequate
391 progress performance grade category “F” for 2 school years in a
392 4-year period may choose as an alternative to enroll the student
393 in and transport the student to a higher-performing public
394 school that has available space in an adjacent school district,
395 and that school district shall accept the student and report the
396 student for purposes of the district's funding pursuant to the
397 Florida Education Finance Program.
398 Section 5. Paragraph (a) of subsection (8) of section
399 1002.415, Florida Statutes, is amended to read:
400 1002.415 K-8 Virtual School Program.—Subject to annual
401 legislative appropriation, a kindergarten through grade 8
402 virtual school program is established within the Department of
403 Education for the purpose of making academic instruction
404 available to full-time students in kindergarten through grade 8
405 using online and distance learning technology. The department
406 shall use an application process to select schools to deliver
407 program instruction.
408 (8) CAUSES FOR NONRENEWAL OR TERMINATION OF A CONTRACT.—
409 (a) At the end of a contract with a K-8 virtual school, the
410 department may choose not to renew the contract for any of the
411 following grounds:
412 1. Failure to participate in the state's education
413 accountability system created in s. 1008.31, as required in this
414 section;
415 2. Failure to receive a designation as making satisfactory
416 progress school performance grade of “C” or better under the
417 school grading system created by s. 1008.34 for any 2 years in a
418 consecutive 4-year period;
419 3. Failure to meet generally accepted standards of fiscal
420 management;
421 4. Violation of law;
422 5. Failure of the Legislature to fund the program; or
423 6. Other good cause shown.
424 Section 6. Paragraph (a) of subsection (1) of section
425 1003.62, Florida Statutes, is amended to read:
426 1003.62 Academic performance-based charter school
427 districts.—The State Board of Education may enter into a
428 performance contract with district school boards as authorized
429 in this section for the purpose of establishing them as academic
430 performance-based charter school districts. The purpose of this
431 section is to examine a new relationship between the State Board
432 of Education and district school boards that will produce
433 significant improvements in student achievement, while complying
434 with constitutional and statutory requirements assigned to each
435 entity.
436 (1) ACADEMIC PERFORMANCE-BASED CHARTER SCHOOL DISTRICT.—
437 (a) A school district is shall be eligible for designation
438 as an academic performance-based charter school district if it
439 is a high-performing school district in which a minimum of 50
440 percent of the schools are designated as making excellent
441 progress or making above average progress earn a grade of “A” or
442 “B” and in which no school is designated as making less than
443 satisfactory progress or failing to make adequate progress earns
444 a grade of “D” or “F” for 2 consecutive years pursuant to s.
445 1008.34. Schools that receive a grade of “I” or “N” shall not be
446 included in this calculation. The performance contract for a
447 school district that earns a charter based on school grades
448 shall be predicated on maintenance of at least 50 percent of the
449 schools in the school district being designated as making
450 excellent progress or making above average progress earning a
451 grade of “A” or “B” with no school in the school district being
452 designated as making less than satisfactory progress or failing
453 to make adequate progress earning a grade of “D” or “F” for 2
454 consecutive years. A school district in which the percentage
455 number of schools designated as making excellent progress or
456 making above average progress that earn a grade of “A” or “B” is
457 less than 50 percent may have its charter renewed for 1 year;
458 however, if the percentage of “A” or “B” schools designated as
459 making excellent progress or making above average progress is
460 less than 50 percent for 2 consecutive years, the charter may
461 shall not be renewed.
462 Section 7. Subsections (1) and (2) of section 1008.33,
463 Florida Statutes, are amended to read:
464 1008.33 Authority to enforce public school improvement.—It
465 is the intent of the Legislature that all public schools be held
466 accountable for students performing at acceptable levels. A
467 system of school improvement and accountability that assesses
468 student performance by school, identifies schools in which
469 students are not making adequate progress toward state
470 standards, institutes appropriate measures for enforcing
471 improvement, and provides rewards and sanctions based on
472 performance shall be the responsibility of the State Board of
473 Education.
474 (1) Pursuant to Art. IX of the State Constitution
475 prescribing the duty of the State Board of Education to
476 supervise Florida's public school system and notwithstanding any
477 other statutory provisions to the contrary, the State Board of
478 Education shall intervene in the operation of a district school
479 system when one or more schools in the school district have
480 failed to make adequate progress for 2 school years in a 4-year
481 period. For purposes of determining when a school is eligible
482 for state board action and opportunity scholarships for its
483 students, the terms “2 years in any 4-year period” and “2 years
484 in a 4-year period” mean that in any year that a school is
485 designated as failing to make adequate progress, has a grade of
486 “F,” the school is eligible for state board action and
487 opportunity scholarships for its students if it also has been
488 designated as failing to make adequate progress had a grade of
489 “F” in any of the previous 3 school years. The State Board of
490 Education may determine that the school district or school has
491 not taken steps sufficient for students in the school to be
492 academically well served. Considering recommendations of the
493 Commissioner of Education, the State Board of Education shall
494 recommend action to a district school board intended to improve
495 educational services to students in each school that is
496 designated as failing to make adequate progress. with a grade of
497 “F.” Recommendations for actions to be taken in the school
498 district shall be made only after thorough consideration of the
499 unique characteristics of a school, which shall include student
500 mobility rates, the number and type of exceptional students
501 enrolled in the school, and the availability of options for
502 improved educational services. The state board shall adopt by
503 rule steps to follow in this process. Such steps shall provide
504 school districts sufficient time to improve student performance
505 in schools and the opportunity to present evidence of assistance
506 and interventions that the district school board has
507 implemented.
508 (2) The State Board of Education may recommend one or more
509 of the following actions to district school boards to enable
510 students in schools designated as failing to make adequate
511 progress with a grade of “F” to be academically well served by
512 the public school system:
513 (a) Provide additional resources, change certain practices,
514 and provide additional assistance if the state board determines
515 the causes of inadequate progress to be related to school
516 district policy or practice;
517 (b) Implement a plan that satisfactorily resolves the
518 education equity problems in the school;
519 (c) Contract for the educational services of the school, or
520 reorganize the school at the end of the school year under a new
521 school principal who is authorized to hire new staff and
522 implement a plan that addresses the causes of inadequate
523 progress. A contract to administer an alternative school may not
524 be entered into with a private entity which contract changes the
525 character of the alternative school population as it existed
526 when the alternative school was administered by the public
527 school system. The term “character of the alternative school
528 population” means the percentage of students having learning
529 disabilities, physical disabilities, emotional disabilities, or
530 developmental disabilities, as well as the percentage of
531 students having discipline problems;
532 (d) Allow parents of students in the school to send their
533 children to another district school of their choice; or
534 (e) Other action appropriate to improve the school's
535 performance, including, if the school is a high school,
536 requiring annual publication of the school's graduation rate
537 calculated without GED tests for the past 3 years, disaggregated
538 by student ethnicity.
539 Section 8. Paragraphs (b) and (d) of subsection (6) and
540 paragraph (a) of subsection (7) of section 1008.345, Florida
541 Statutes, are amended to read:
542 1008.345 Implementation of state system of school
543 improvement and education accountability.—
544 (6)
545 (b) Upon request, the department shall provide technical
546 assistance and training to any school, including any school
547 operating for the purpose of providing educational services to
548 youth in Department of Juvenile Justice programs, school
549 advisory council, district, or district school board for
550 conducting needs assessments, developing and implementing school
551 improvement plans, developing and implementing assistance and
552 intervention plans, or implementing other components of school
553 improvement and accountability. Priority for these services
554 shall be given to schools designated as making less than
555 satisfactory progress or failing to make adequate progress with
556 a grade of “D” or “F” and school districts in rural and sparsely
557 populated areas of the state.
558 (d) The commissioner shall assign a community assessment
559 team to each school district or governing board with a school
560 designated as failing to make adequate progress graded “F” to
561 review the school performance data and determine causes for the
562 low performance, including the role of school, area, and
563 district administrative personnel. The community assessment team
564 shall review a high school's graduation rate calculated without
565 GED tests for the past 3 years, disaggregated by student
566 ethnicity. The team shall make recommendations to the school
567 board or the governing board, to the department, and to the
568 State Board of Education for implementing an assistance and
569 intervention plan that will address the causes of the school's
570 low performance. The assessment team shall include, but not be
571 limited to, a department representative, parents, business
572 representatives, educators, representatives of local
573 governments, and community activists, and shall represent the
574 demographics of the community from which they are appointed.
575 (7)(a) Schools designated as with a grade of “A,” making
576 excellent progress, shall, if requested by the school, be given
577 deregulated status as specified in s. 1003.63(5), (7), (8), (9),
578 and (10).
579 Section 9. Subsection (2) of section 1008.36, Florida
580 Statutes, is amended to read:
581 1008.36 Florida School Recognition Program.—
582 (2) The Florida School Recognition Program is created to
583 provide financial awards to public schools that:
584 (a) Sustain high performance by being designated as
585 receiving a school grade of “A,” making excellent progress; or
586 (b) Demonstrate exemplary improvement due to innovation and
587 effort by improving at least one letter grade or by improving
588 more than one letter grade and sustaining the improvement the
589 following school year.
590 Notwithstanding statutory provisions to the contrary, incentive
591 awards are not subject to collective bargaining.
592 Section 10. Paragraphs (h), (l), (m), and (n) of subsection
593 (1) of section 1011.62, Florida Statutes, are amended to read:
594 1011.62 Funds for operation of schools.—If the annual
595 allocation from the Florida Education Finance Program to each
596 district for operation of schools is not determined in the
597 annual appropriations act or the substantive bill implementing
598 the annual appropriations act, it shall be determined as
599 follows:
600 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
601 OPERATION.—The following procedure shall be followed in
602 determining the annual allocation to each district for
603 operation:
604 (h) Small, isolated high schools.—Districts that which levy
605 the maximum nonvoted discretionary millage, exclusive of millage
606 for capital outlay purposes levied pursuant to s. 1011.71(2),
607 may calculate full-time equivalent students for small, isolated
608 high schools by multiplying the number of unweighted full-time
609 equivalent students times 2.75; provided the school has been
610 designated as making satisfactory progress attained a grade of
611 “C” or better, pursuant to s. 1008.34, for the previous school
612 year. For the purpose of this section, the term “small, isolated
613 high school” means any high school that which is located no less
614 than 28 miles by the shortest route from another high school;
615 that which has been serving students primarily in basic studies
616 provided by sub-subparagraphs (c)1.b. and c. and may include
617 subparagraph (c)4.; and that which has a membership of no more
618 than 100 students, but no fewer than 28 students, in grades 9
619 through 12.
620 (l) Calculation of additional full-time equivalent
621 membership based on international baccalaureate examination
622 scores of students.—A value of 0.16 full-time equivalent student
623 membership shall be calculated for each student enrolled in an
624 international baccalaureate course who receives a score of 4 or
625 higher on a subject examination. A value of 0.3 full-time
626 equivalent student membership shall be calculated for each
627 student who receives an international baccalaureate diploma.
628 Such value shall be added to the total full-time equivalent
629 student membership in basic programs for grades 9 through 12 in
630 the subsequent fiscal year. The school district shall distribute
631 to each classroom teacher who provided international
632 baccalaureate instruction:
633 1. A bonus in the amount of $50 for each student taught by
634 the International Baccalaureate teacher in each international
635 baccalaureate course who receives a score of 4 or higher on the
636 international baccalaureate examination.
637 2. An additional bonus of $500 to each International
638 Baccalaureate teacher in a school designated as making less than
639 satisfactory progress or failing to make adequate progress with
640 a grade of “D” or “F” who has at least one student scoring 4 or
641 higher on the international baccalaureate examination,
642 regardless of the number of classes taught or of the number of
643 students scoring a 4 or higher on the international
644 baccalaureate examination.
645 Bonuses awarded to a teacher according to this paragraph may
646 shall not exceed $2,000 in any given school year and shall be in
647 addition to any regular wage or other bonus the teacher received
648 or is scheduled to receive.
649 (m) Calculation of additional full-time equivalent
650 membership based on Advanced International Certificate of
651 Education examination scores of students.—A value of 0.16 full
652 time equivalent student membership shall be calculated for each
653 student enrolled in a full-credit Advanced International
654 Certificate of Education course who receives a score of E or
655 higher on a subject examination. A value of 0.08 full-time
656 equivalent student membership shall be calculated for each
657 student enrolled in a half-credit Advanced International
658 Certificate of Education course who receives a score of E or
659 higher on a subject examination. A value of 0.3 full-time
660 equivalent student membership shall be calculated for each
661 student who receives an Advanced International Certificate of
662 Education diploma. Such value shall be added to the total full
663 time equivalent student membership in basic programs for grades
664 9 through 12 in the subsequent fiscal year. The school district
665 shall distribute to each classroom teacher who provided Advanced
666 International Certificate of Education instruction:
667 1. A bonus in the amount of $50 for each student taught by
668 the Advanced International Certificate of Education teacher in
669 each full-credit Advanced International Certificate of Education
670 course who receives a score of E or higher on the Advanced
671 International Certificate of Education examination. A bonus in
672 the amount of $25 for each student taught by the Advanced
673 International Certificate of Education teacher in each half
674 credit Advanced International Certificate of Education course
675 who receives a score of E or higher on the Advanced
676 International Certificate of Education examination.
677 2. An additional bonus of $500 to each Advanced
678 International Certificate of Education teacher in a school
679 designated as making less than satisfactory progress or failing
680 to make adequate progress with a grade of “D” or “F” who has at
681 least one student scoring E or higher on the full-credit
682 Advanced International Certificate of Education examination,
683 regardless of the number of classes taught or of the number of
684 students scoring an E or higher on the full-credit Advanced
685 International Certificate of Education examination.
686 3. Additional bonuses of $250 each to teachers of half
687 credit Advanced International Certificate of Education classes
688 in a school designated as making less than satisfactory progress
689 or failing to make adequate progress with a grade of “D” or “F”
690 which has at least one student scoring an E or higher on the
691 half-credit Advanced International Certificate of Education
692 examination in that class. The maximum additional bonus for a
693 teacher awarded in accordance with this subparagraph shall not
694 exceed $500 in any given school year. Teachers receiving an
695 award under subparagraph 2. are not eligible for a bonus under
696 this subparagraph.
697 Bonuses awarded to a teacher according to this paragraph may
698 shall not exceed $2,000 in any given school year and shall be in
699 addition to any regular wage or other bonus the teacher received
700 or is scheduled to receive.
701 (n) Calculation of additional full-time equivalent
702 membership based on college board advanced placement scores of
703 students.—A value of 0.16 full-time equivalent student
704 membership shall be calculated for each student in each advanced
705 placement course who receives a score of 3 or higher on the
706 College Board Advanced Placement Examination for the prior year
707 and added to the total full-time equivalent student membership
708 in basic programs for grades 9 through 12 in the subsequent
709 fiscal year. Each district must allocate at least 80 percent of
710 the funds provided to the district for advanced placement
711 instruction, in accordance with this paragraph, to the high
712 school that generates the funds. The school district shall
713 distribute to each classroom teacher who provided advanced
714 placement instruction:
715 1. A bonus in the amount of $50 for each student taught by
716 the Advanced Placement teacher in each advanced placement course
717 who receives a score of 3 or higher on the College Board
718 Advanced Placement Examination.
719 2. An additional bonus of $500 to each Advanced Placement
720 teacher in a school designated as making less than satisfactory
721 progress or failing to make adequate progress with a grade of
722 “D” or “F” who has at least one student scoring 3 or higher on
723 the College Board Advanced Placement Examination, regardless of
724 the number of classes taught or of the number of students
725 scoring a 3 or higher on the College Board Advanced Placement
726 Examination.
727 Bonuses awarded to a teacher according to this paragraph may
728 shall not exceed $2,000 in any given school year and shall be in
729 addition to any regular wage or other bonus the teacher received
730 or is scheduled to receive.
731 Section 11. This act shall take effect July 1, 2009.