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.