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.