Florida Senate - 2009                                      SB 80
       
       
       
       By Senator Wilson
       
       
       
       
       33-00084-09                                             200980__
    1                        A bill to be entitled                      
    2         An act relating to public school student progression;
    3         amending s. 1008.25, F.S.; revising the components of
    4         school district student progression programs;
    5         eliminating guidelines for allocating resources for
    6         school district remedial and supplemental instruction;
    7         providing for the retention of students under
    8         specified circumstances; eliminating mandatory
    9         retention requirements for certain students in grade
   10         3; eliminating midyear promotion; providing procedures
   11         for parental requests for retention; providing for
   12         appeals; eliminating standards for exemption from
   13         mandatory retention; revising the parental
   14         notification requirements; revising guidelines for
   15         remedial reading instruction and intervention
   16         strategies; revising the purpose of the Reading
   17         Enhancement and Acceleration Development Initiative;
   18         revising the eligibility criteria for the Intensive
   19         Acceleration Class; revising the requirements for
   20         reports by district school boards; specifying required
   21         rules; amending s. 1002.20, F.S.; conforming a cross
   22         reference; amending s. 1002.23, F.S.; conforming
   23         provisions to changes made by the act; requiring the
   24         State Board of Education to initiate the adoption of
   25         rules by a time certain; providing an effective date.
   26         
   27  Be It Enacted by the Legislature of the State of Florida:
   28         
   29         Section 1. Section 1008.25, Florida Statutes, is amended to
   30  read:
   31         1008.25 Public school student progression; remedial
   32  instruction; reporting requirements.—
   33         (1) INTENT.—It is the intent of the Legislature that each
   34  student's progression from one grade to another be determined,
   35  in part, upon proficiency in reading, writing, science, and
   36  mathematics; that district school board policies facilitate such
   37  proficiency; and that each student and his or her parent be
   38  informed of that student's academic progress.
   39         (2) COMPREHENSIVE PROGRAM.—Each district school board shall
   40  establish a comprehensive program for student progression which
   41  must include:
   42         (a) Standards for evaluating each student's performance,
   43  including how well he or she masters the performance standards
   44  approved by the State Board of Education.
   45         (b) Specific levels of performance in reading, writing,
   46  science, and mathematics for each grade level, including the
   47  levels of performance on statewide assessments as defined by the
   48  commissioner, below which a student must receive remediation, or
   49  be retained within an intensive program that is different from
   50  the previous year's program and that takes into account the
   51  student's learning style.
   52         (c) Appropriate alternative placement for a student who has
   53  been retained 2 or more years.
   54         (3) ALLOCATION OF RESOURCES.—District school boards shall
   55  allocate remedial and supplemental instruction resources to
   56  students in the following priority:
   57         (a) Students who are deficient in reading by the end of
   58  grade 3.
   59         (b) Students who fail to meet performance levels required
   60  for promotion consistent with the district school board's plan
   61  for student progression required in paragraph (2)(b).
   62         (3)(4) ASSESSMENT AND REMEDIATION.—
   63         (a) Each student must participate in the statewide
   64  assessment tests required by s. 1008.22. Each student who does
   65  not meet specific levels of performance as determined by the
   66  district school board in reading, writing, science, and
   67  mathematics for each grade level, or who scores below Level 3 in
   68  reading or math, must be provided with additional diagnostic
   69  assessments to determine the nature of the student's difficulty,
   70  the areas of academic need, and strategies for appropriate
   71  intervention and instruction as described in paragraph (b).
   72         (b) The school in which the student is enrolled must
   73  develop, in consultation with the student's parent, and must
   74  implement a progress monitoring plan. A progress monitoring plan
   75  is intended to provide the school district and the school
   76  flexibility in meeting the academic needs of the student and to
   77  reduce paperwork. A student who is not meeting the school
   78  district or state requirements for proficiency in reading and
   79  math shall be covered by one of the following plans to direct
   80  target instruction and identify ways to improve his or her
   81  academic achievement:
   82         1. A federally required student plan such as an individual
   83  education plan;
   84         2. A schoolwide system of progress monitoring for all
   85  students; or
   86         3. An individualized progress monitoring plan.
   87  The plan chosen must be designed to assist the student or the
   88  school in meeting state and district expectations for
   89  proficiency. If the student has been identified as having a
   90  deficiency in reading, the K-12 comprehensive reading plan
   91  required by s. 1011.62(9) must shall include instructional and
   92  support services to be provided to meet the desired levels of
   93  performance. District school boards may require low-performing
   94  students to attend remediation programs held before or after
   95  regular school hours or during the summer if transportation is
   96  provided.
   97         (c) Upon subsequent evaluation, if the documented
   98  deficiency has not been remediated, the student may be retained
   99  as provided in subsection (5). Each student who does not meet
  100  the minimum performance expectations defined by the Commissioner
  101  of Education for the statewide assessment tests in reading,
  102  writing, science, and mathematics must continue to be provided
  103  with remedial or supplemental instruction until the expectations
  104  are met or the student graduates from high school or is not
  105  subject to compulsory school attendance.
  106         (4)(5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
  107         (a) It is the ultimate goal of the Legislature that every
  108  student read at or above grade level. Any student who exhibits a
  109  substantial deficiency in reading, based upon locally determined
  110  or statewide assessments conducted in kindergarten or grade 1,
  111  grade 2, or grade 3, or through teacher observations, must be
  112  given intensive reading instruction immediately following the
  113  identification of the reading deficiency. The student's reading
  114  proficiency must be reassessed by locally determined assessments
  115  or through teacher observations at the beginning of the grade
  116  following the intensive reading instruction. The student must
  117  continue to be provided with intensive reading instruction until
  118  the reading deficiency is remedied.
  119         (b) Beginning with the 2008-2009 2002-2003 school year, if
  120  the student's reading deficiency, as identified in paragraph
  121  (a), is not remedied by the end of grade 3, as demonstrated by
  122  scoring at Level 2 or higher on the statewide assessment test in
  123  reading for grade 3, the student may must be retained as
  124  provided in subsection (5).
  125         (c) The parent of any student who exhibits a substantial
  126  deficiency in reading, as described in paragraph (a), must be
  127  notified in writing of the following:
  128         1. That his or her child has been identified as having a
  129  substantial deficiency in reading.
  130         2. A description of the current services that are provided
  131  to the child.
  132         3. A description of the proposed supplemental instructional
  133  services and supports that will be provided to the child and
  134  that are designed to remediate the identified area of reading
  135  deficiency.
  136         4. That if the child's reading deficiency is not remediated
  137  by the end of the child's grade level grade 3, the child may
  138  must be retained as provided in subsection (5) unless he or she
  139  is exempt from mandatory retention for good cause.
  140         5. Strategies for parents to use in helping their child
  141  succeed in reading proficiency.
  142         6. That the Florida Comprehensive Assessment Test (FCAT) is
  143  not the sole determiner of promotion and that additional
  144  evaluations, portfolio reviews, and assessments are available to
  145  the child to assist parents and the school district in knowing
  146  when a child is reading at or above grade level and ready for
  147  grade promotion.
  148         7. The district's specific criteria and policies for
  149  midyear promotion. Midyear promotion means promotion of a
  150  retained student at any time during the year of retention once
  151  the student has demonstrated ability to read at grade level.
  152         (5)(6) ELIMINATION OF SOCIAL PROMOTION; RETENTION;
  153  APPEALS.—
  154         (a) A No student may not be assigned to a grade level based
  155  solely on age or other factors that constitute social promotion.
  156         (b) The district school board may retain students only
  157  exempt students from mandatory retention, as provided in this
  158  subsection paragraph (5)(b), for good cause. Good cause
  159  exemptions shall be limited to the following:
  160         1. Limited English proficient students who have had less
  161  than 2 years of instruction in an English for Speakers of Other
  162  Languages program.
  163         2. Students with disabilities whose individual education
  164  plan indicates that participation in the statewide assessment
  165  program is not appropriate, consistent with the requirements of
  166  State Board of Education rule.
  167         3. Students who demonstrate an acceptable level of
  168  performance on an alternative standardized reading assessment
  169  approved by the State Board of Education.
  170         4. Students who demonstrate, through a student portfolio,
  171  that the student is reading on grade level as evidenced by
  172  demonstration of mastery of the Sunshine State Standards in
  173  reading equal to at least a Level 2 performance on the FCAT.
  174         5. Students with disabilities who participate in the FCAT
  175  and who have an individual education plan or a Section 504 plan
  176  that reflects that the student has received intensive
  177  remediation in reading for more than 2 years but still
  178  demonstrates a deficiency in reading and was previously retained
  179  in kindergarten, grade 1, grade 2, or grade 3.
  180         6. Students who have received intensive remediation in
  181  reading for 2 or more years but still demonstrate a deficiency
  182  in reading and who were previously retained in kindergarten,
  183  grade 1, grade 2, or grade 3 for a total of 2 years. Intensive
  184  reading instruction for students so promoted must include an
  185  altered instructional day that includes specialized diagnostic
  186  information and specific reading strategies for each student.
  187  The district school board shall assist schools and teachers to
  188  implement reading strategies that research has shown to be
  189  successful in improving reading among low-performing readers.
  190         (c) Written requests for the retention of a student must
  191  good cause exemptions for students from the mandatory retention
  192  requirement as described in subparagraphs (b)3. and 4. shall be
  193  made consistent with the following:
  194         1. Documentation must shall be submitted by from the
  195  student's teacher to the school principal which that indicates
  196  that the retention promotion of the student is appropriate and
  197  is based upon the student's academic record. In order to
  198  minimize paperwork requirements, such documentation must shall
  199  consist only of the existing progress monitoring plan,
  200  individual educational plan, if applicable, report card, or
  201  student portfolio.
  202         2. The school principal shall review the parent's request
  203  and the teacher's recommendation and discuss the such
  204  recommendation with:
  205         a. The teacher;
  206         b. The parent;
  207         c. A representative of the school district who is qualified
  208  to provide or supervise the provision of specially designed
  209  instruction to meet the unique needs of the student, is
  210  knowledgeable about the general curriculum, and is knowledgeable
  211  about the availability of resources of the school district; and
  212         d. Other individuals, at the discretion of the parent or
  213  the school district, who have knowledge or special expertise
  214  regarding the student. The party who invites the individual to
  215  be a part of the discussion shall determine the knowledge or
  216  special expertise of such individual.
  217  The school principal shall determine and make the determination
  218  as to whether the student should be promoted or retained. If the
  219  school principal determines that the student should be promoted,
  220  the school principal shall recommend make such recommendation in
  221  writing to the district school superintendent that such student
  222  be promoted. The district school superintendent may shall accept
  223  or reject the school principal's recommendation in writing.
  224         3. The parent may appeal the decision of the district
  225  school superintendent to the district school board.
  226         (6)(7) SUCCESSFUL PROGRESSION FOR RETAINED READERS.—
  227         (a) Students who have a substantial reading deficiency as
  228  determined under paragraph (4)(a) retained under the provisions
  229  of paragraph (5)(b) must be provided intensive interventions in
  230  reading to ameliorate the student's specific reading deficiency,
  231  as identified by a valid and reliable diagnostic assessment.
  232  This intensive intervention must include effective instructional
  233  strategies, participation in the school district's summer
  234  reading camp, and appropriate teaching methodologies necessary
  235  to assist those students in becoming successful readers who are,
  236  able to read at or above grade level, and ready for promotion to
  237  the next grade.
  238         (b) Beginning with the 2004-2005 school year, each school
  239  district shall:
  240         1. Conduct a review of student progress monitoring plans
  241  for all students who did not score above Level 1 on the reading
  242  portion of the FCAT and did not meet the criteria for one of the
  243  good cause exemptions in paragraph (6)(b). The review must shall
  244  address additional supports and services, as described in this
  245  subsection, needed to remediate the identified areas of reading
  246  deficiency. The school district shall require a student
  247  portfolio to be completed for each such student.
  248         2. Provide students who are retained under the provisions
  249  of paragraph (5)(b) with intensive instructional services and
  250  supports to remediate the identified areas of reading
  251  deficiency, including a minimum of 90 minutes of daily,
  252  uninterrupted, scientifically research-based reading instruction
  253  and other strategies prescribed by the school district, which
  254  may include, but are not limited to:
  255         a. Small group instruction.
  256         b. Reduced teacher-student ratios.
  257         c. More frequent progress monitoring.
  258         d. Tutoring or mentoring.
  259         e. Transition classes containing 3rd and 4th grade
  260  students.
  261         f. Extended school day, week, or year.
  262         g. Summer reading camps.
  263         3. Provide written notification to the parent of any
  264  student who is identified as having a substantial reading
  265  deficiency under paragraph (4)(a) retained under the provisions
  266  of paragraph (5)(b) that his or her child has not met the
  267  proficiency level required for promotion and the reasons the
  268  child is not eligible for a good cause exemption as provided in
  269  paragraph (6)(b). The notification must comply with the
  270  provisions of s. 1002.20(15) and must include a description of
  271  proposed interventions and supports that will be provided to the
  272  child to remediate the identified areas of reading deficiency.
  273         4. Implement a policy for the midyear promotion of any
  274  student retained under the provisions of paragraph (5)(b) who
  275  can demonstrate that he or she is a successful and independent
  276  reader, reading at or above grade level, and ready to be
  277  promoted to grade 4. Tools that school districts may use in
  278  reevaluating any student retained may include subsequent
  279  assessments, alternative assessments, and portfolio reviews, in
  280  accordance with rules of the State Board of Education. Students
  281  promoted during the school year after November 1 must
  282  demonstrate proficiency above that required to score at Level 2
  283  on the grade 3 FCAT, as determined by the State Board of
  284  Education. The State Board of Education shall adopt standards
  285  that provide a reasonable expectation that the student's
  286  progress is sufficient to master appropriate 4th grade level
  287  reading skills.
  288         4.5. Provide students who are identified as having a
  289  substantial reading deficiency under paragraph (4)(a) retained
  290  under the provisions of paragraph (5)(b) with a high-performing
  291  teacher as determined by student performance data and above
  292  satisfactory performance appraisals.
  293         5.6. In addition to required reading enhancement and
  294  acceleration strategies, provide parents of students identified
  295  as having a substantial reading deficiency to be retained with
  296  at least one of the following instructional options:
  297         a. Supplemental tutoring in scientifically research-based
  298  reading services in addition to the regular reading block,
  299  including tutoring before and/or after school.
  300         b. A “Read at Home” plan outlined in a parental contract,
  301  including participation in “Families Building Better Readers
  302  Workshops” and regular parent-guided home reading.
  303         c. A mentor or tutor with specialized reading training.
  304         6.7. Establish a Reading Enhancement and Acceleration
  305  Development (READ) Initiative. The focus of the READ Initiative
  306  shall be to prevent the retention of grade 3 students and to
  307  offer intensive accelerated reading instruction to grade 3
  308  students who failed to meet standards for promotion to grade 4
  309  and to each K-3 student who is assessed as exhibiting a reading
  310  deficiency. The READ Initiative shall:
  311         a. Be provided to all K-3 students at risk of not meeting
  312  grade level expectations retention as identified by the
  313  statewide assessment system used in Reading First schools. The
  314  assessment must measure phonemic awareness, phonics, fluency,
  315  vocabulary, and comprehension.
  316         b. Be provided during regular school hours in addition to
  317  the regular reading instruction.
  318         c. Provide a state-identified reading curriculum that has
  319  been reviewed by the Florida Center for Reading Research at
  320  Florida State University and meets, at a minimum, the following
  321  specifications:
  322         (I) Assists students assessed as exhibiting a reading
  323  deficiency in developing the ability to read at grade level.
  324         (II) Provides skill development in phonemic awareness,
  325  phonics, fluency, vocabulary, and comprehension.
  326         (III) Provides scientifically based and reliable
  327  assessment.
  328         (IV) Provides initial and ongoing analysis of each
  329  student's reading progress.
  330         (V) Is implemented during regular school hours.
  331         (VI) Provides a curriculum in core academic subjects to
  332  assist the student in maintaining or meeting proficiency levels
  333  for the appropriate grade in all academic subjects.
  334         7.8. Establish at each school, where applicable, an
  335  Intensive Acceleration Class for retained grade 3 students who
  336  subsequently score at Level 1 on the reading portion of the
  337  FCAT. The focus of the Intensive Acceleration Class shall be to
  338  increase a child's reading level at least two grade levels in 1
  339  school year. The Intensive Acceleration Class shall:
  340         a. Be provided to any student in grade 3 who scores at
  341  Level 1 on the reading portion of the FCAT and who was retained
  342  in grade 3 the prior year because of scoring at Level 1 on the
  343  reading portion of the FCAT.
  344         b. Have a reduced teacher-student ratio.
  345         c. Provide uninterrupted reading instruction for the
  346  majority of student contact time each day and incorporate
  347  opportunities to master the grade 4 Sunshine State Standards in
  348  other core subject areas.
  349         d. Use a reading program that is scientifically research
  350  based and has proven results in accelerating student reading
  351  achievement within the same school year.
  352         e. Provide intensive language and vocabulary instruction
  353  using a scientifically research-based program, including use of
  354  a speech-language therapist.
  355         f. Include weekly progress monitoring measures to ensure
  356  progress is being made.
  357         g. Report to the Department of Education, in the manner
  358  described by the department, the progress of students in the
  359  class at the end of the first semester.
  360         8.9. Report to the State Board of Education, as requested,
  361  on the specific intensive reading interventions and supports
  362  implemented at the school district level. The Commissioner of
  363  Education shall annually prescribe the required components of
  364  requested reports.
  365         10. Provide a student who has been retained in grade 3 and
  366  has received intensive instructional services but is still not
  367  ready for grade promotion, as determined by the school district,
  368  the option of being placed in a transitional instructional
  369  setting. Such setting shall specifically be designed to produce
  370  learning gains sufficient to meet grade 4 performance standards
  371  while continuing to remediate the areas of reading deficiency.
  372         (7)(8) ANNUAL REPORT.—
  373         (a) In addition to the requirements in paragraph (5)(b),
  374  Each district school board must annually report to the parent of
  375  each student the progress of the student toward achieving state
  376  and district expectations for proficiency in reading, writing,
  377  science, and mathematics. The district school board must report
  378  to the parent the student's results on each statewide assessment
  379  test. The evaluation of each student's progress must be based
  380  upon the student's classroom work, observations, tests, district
  381  and state assessments, and other relevant information. Progress
  382  reporting must be provided to the parent in writing in a format
  383  adopted by the district school board.
  384         (b) Each district school board must annually publish in the
  385  local newspaper, and report in writing to the State Board of
  386  Education by September 1 of each year, the following information
  387  on the prior school year:
  388         1. The provisions of this section relating to public school
  389  student progression and the district school board's policies and
  390  procedures on student retention and promotion.
  391         2. By grade, the number and percentage of all students in
  392  grades 3 through 10 performing at Levels 1 and 2 on the reading
  393  portion of the FCAT.
  394         3. By grade, the number and percentage of all students
  395  retained as provided in subsection (5) in grades 3 through 10.
  396         4. Information on the total number of students who were
  397  promoted for good cause, by each category of good cause as
  398  specified in paragraph (6)(b).
  399         5. Any revisions to the district school board's policy on
  400  student retention and promotion from the prior year.
  401         (c) The Department of Education shall establish a uniform
  402  format for school districts to report the information required
  403  in paragraph (b). The format shall be developed with input from
  404  district school boards and shall be provided not later than 90
  405  days prior to the annual due date. The department shall annually
  406  compile the information required in subparagraphs (b)2., 3., and
  407  4., along with state-level summary information, and report such
  408  information to the Governor, the President of the Senate, and
  409  the Speaker of the House of Representatives.
  410         (8)(9) STATE BOARD AUTHORITY AND RESPONSIBILITIES.—
  411         (a) The State Board of Education is authorized pursuant to
  412  shall have authority as provided in s. 1008.32 to enforce this
  413  section.
  414         (b) The State Board of Education shall adopt rules pursuant
  415  to ss. 120.536(1) and 120.54 for the administration of this
  416  section, including, but not limited to, rules establishing
  417  procedures by which parents may appeal a decision by the
  418  district school superintendent as provided in subsection (5).
  419         (9)(10) TECHNICAL ASSISTANCE.—The department shall provide
  420  technical assistance as needed to aid district school boards in
  421  administering this section.
  422         Section 2. Subsection (11) of section 1002.20, Florida
  423  Statutes, is amended to read:
  424         1002.20 K-12 student and parent rights.—Parents of public
  425  school students must receive accurate and timely information
  426  regarding their child's academic progress and must be informed
  427  of ways they can help their child to succeed in school. K-12
  428  students and their parents are afforded numerous statutory
  429  rights including, but not limited to, the following:
  430         (11) STUDENTS WITH READING DEFICIENCIES.—Each elementary
  431  school shall regularly assess the reading ability of each K-3
  432  student. The parent of any K-3 student who exhibits a reading
  433  deficiency shall be immediately notified of the student's
  434  deficiency with a description and explanation, in terms
  435  understandable to the parent, of the exact nature of the
  436  student's difficulty in learning and lack of achievement in
  437  reading; shall be consulted in the development of a progress
  438  monitoring plan, as described in s. 1008.25(3)(b) s.
  439  1008.25(4)(b); and shall be informed that the student will be
  440  given intensive reading instruction until the deficiency is
  441  corrected. This subsection operates in addition to the
  442  remediation and notification provisions contained in s. 1008.25
  443  and in no way reduces the rights of a parent or the
  444  responsibilities of a school district under that section.
  445         Section 3. Subsection (2) of section 1002.23, Florida
  446  Statutes, is amended to read:
  447         1002.23 Family and School Partnership for Student
  448  Achievement Act.—
  449         (2) To facilitate meaningful parent and family involvement,
  450  the Department of Education shall develop guidelines for a
  451  parent guide to successful student achievement which describes
  452  what parents need to know about their child's educational
  453  progress and how they can help their child to succeed in school.
  454  The guidelines shall include, but need not be limited to:
  455         (a) Parental information regarding:
  456         1. Options Requirements for their child to be retained
  457  promoted to the next grade, as provided for in s. 1008.25;
  458         2. Progress of their child toward achieving state and
  459  district expectations for academic proficiency;
  460         3. Assessment results, including report cards and progress
  461  reports;
  462         4. Qualifications of their child's teachers; and
  463         5. School entry requirements, including required
  464  immunizations and the recommended immunization schedule;
  465         (b) Services available for parents and their children, such
  466  as family literacy services; mentoring, tutorial, and other
  467  academic reinforcement programs; college planning, academic
  468  advisement, and student counseling services; and after-school
  469  programs;
  470         (c) Opportunities for parental participation, such as
  471  parenting classes, adult education, school advisory councils,
  472  and school volunteer programs;
  473         (d) Opportunities for parents to learn about rigorous
  474  academic programs that may be available for their child, such as
  475  honors programs, dual enrollment, advanced placement,
  476  International Baccalaureate, International General Certificate
  477  of Secondary Education (pre-AICE), Advanced International
  478  Certificate of Education, Florida Virtual High School courses,
  479  and accelerated access to postsecondary education;
  480         (e) Educational choices, as provided for in s. 1002.20(6),
  481  and corporate income tax credit scholarships, as provided for in
  482  s. 220.187;
  483         (f) Classroom and test accommodations available for
  484  students with disabilities;
  485         (g) School board rules, policies, and procedures for
  486  student promotion and retention, academic standards, student
  487  assessment, courses of study, instructional materials, and
  488  contact information for school and district offices; and
  489         (h) Resources for information on student health and other
  490  available resources for parents.
  491         Section 4. The State Board of Education shall initiate the
  492  adoption of rules required by this act no more than 10 days
  493  after the effective date of this act.
  494         Section 5. This act shall take effect upon becoming a law.