CS/HB 991

1	A bill to be entitled
2	An act relating to school improvement and education
3	accountability; providing a short title; amending s.
4	1001.42, F.S.; requiring the state system of school
5	improvement and education accountability to comply with
6	specified accountability requirements; deleting certain
7	district school board duties relating to school
8	improvement plans and assistance and intervention;
9	amending s. 1008.33, F.S.; requiring the state system of
10	school improvement and education accountability to comply
11	with accountability requirements of federal law; providing
12	duties of school districts to improve student academic
13	achievement and to improve low-performing schools;
14	providing State Board of Education responsibility for the
15	state system and enforcement of its accountability
16	requirements; providing requirements for the state system;
17	providing duties of the Department of Education for
18	determining the need for action to achieve school
19	improvement; providing for intervention and support
20	strategies to meet school needs; requiring State Board of
21	Education approval of options for the lowest performing
22	schools; providing penalties for deviation from or failure
23	to implement certain school improvement provisions;
24	requiring Department of Education commencement of duties
25	and State Board of Education adoption of rules; amending
26	s. 1008.34, F.S.; revising provisions relating to the
27	designation of school grades; amending s. 1008.345, F.S.;
28	conforming provisions; amending s. 1012.2315, F.S.;
29	revising and conforming provisions relating to the
30	assignment of teachers; amending s. 1002.33, F.S.;
31	conforming provisions; providing an effective date.
32
33	Be It Enacted by the Legislature of the State of Florida:
34
35	Section 1.  This act may be cited as "Florida's Equal
36	Opportunity in Education Act."
37	Section 2.  Subsection (18) of section 1001.42, Florida
38	Statutes, is amended to read:
39	1001.42  Powers and duties of district school board.--The
40	district school board, acting as a board, shall exercise all
41	powers and perform all duties listed below:
42	(18)  IMPLEMENT SCHOOL IMPROVEMENT AND
43	ACCOUNTABILITY.--Maintain a state system of school improvement
44	and education accountability as provided by statute and State
45	Board of Education rule. This system of school improvement and
46	education accountability shall be consistent with, and
47	implemented through, the district's continuing system of
48	planning and budgeting required by this section and ss.
49	1008.385, 1010.01, and 1011.01. This system of school
50	improvement and education accountability shall comply with the
51	provisions of ss. 1008.33, 1008.34, 1008.345, and 1008.385 and
52	include, but is not limited to, the following:
53	(a)  School improvement plans.--The district school board
54	shall annually approve and require implementation of a new,
55	amended, or continuation school improvement plan for each school
56	in the district. A district school board may establish a
57	district school improvement plan that includes all schools in
58	the district operating for the purpose of providing educational
59	services to youth in Department of Juvenile Justice programs.
60	The school improvement plan shall be designed to achieve the
61	state education priorities pursuant to s. 1000.03(5) and student
62	proficiency on the Sunshine State Standards pursuant to s.
63	1003.41. Each plan shall address student achievement goals and
64	strategies based on state and school district proficiency
65	standards. The plan may also address issues relative to other
66	academic-related matters, as determined by district school board
67	policy, and shall include an accurate, data-based analysis of
68	student achievement and other school performance data. Beginning
69	with plans approved for implementation in the 2007-2008 school
70	year, each secondary school plan must include a redesign
71	component based on the principles established in s. 1003.413.
72	For each school in the district that earns a school grade of "C"
73	or below, or is required to have a school improvement plan under
74	federal law, the school improvement plan shall, at a minimum,
75	also include:
76	1.  Professional development that supports enhanced and
77	differentiated instructional strategies to improve teaching and
78	learning.
79	2.  Continuous use of disaggregated student achievement
80	data to determine effectiveness of instructional strategies.
81	3.  Ongoing informal and formal assessments to monitor
82	individual student progress, including progress toward mastery
83	of the Sunshine State Standards, and to redesign instruction if
84	needed.
85	4.  Alternative instructional delivery methods to support
86	remediation, acceleration, and enrichment strategies.
87	(b)  Approval process.--Develop a process for approval of a
88	school improvement plan presented by an individual school and
89	its advisory council. In the event a district school board does
90	not approve a school improvement plan after exhausting this
91	process, the Department of Education shall be notified of the
92	need for assistance.
93	(c)  Assistance and intervention.--
94	1.  Develop a 2-year plan of increasing individualized
95	assistance and intervention for each school in danger of not
96	meeting state standards or making adequate progress, as defined
97	pursuant to statute and State Board of Education rule, toward
98	meeting the goals and standards of its approved school
99	improvement plan.
100	2.  Provide assistance and intervention to a school that is
101	designated with a grade of "D" pursuant to s. 1008.34 and is in
102	danger of failing.
103	3.  Develop a plan to encourage teachers with demonstrated
104	mastery in improving student performance to remain at or
105	transfer to a school with a grade of "D" or "F" or to an
106	alternative school that serves disruptive or violent youths. If
107	a classroom teacher, as defined by s. 1012.01(2)(a), who meets
108	the definition of teaching mastery developed according to the
109	provisions of this paragraph, requests assignment to a school
110	designated with a grade of "D" or "F" or to an alternative
111	school that serves disruptive or violent youths, the district
112	school board shall make every practical effort to grant the
113	request.
114	4.  Prioritize, to the extent possible, the expenditures of
115	funds received from the supplemental academic instruction
116	categorical fund under s. 1011.62(1)(f) to improve student
117	performance in schools that receive a grade of "D" or "F."
118	(d)  After 2 years.--Notify the Commissioner of Education
119	and the State Board of Education in the event any school does
120	not make adequate progress toward meeting the goals and
121	standards of a school improvement plan by the end of 2 years of
122	failing to make adequate progress and proceed according to
123	guidelines developed pursuant to statute and State Board of
124	Education rule. School districts shall provide intervention and
125	assistance to schools in danger of being designated with a grade
126	of "F," failing to make adequate progress.
127	(b)(e)  Public disclosure.--The district school board shall
128	provide information regarding performance of students and
129	educational programs as required pursuant to ss. 1008.22 and
130	1008.385 and implement a system of school reports as required by
131	statute and State Board of Education rule that shall include
132	schools operating for the purpose of providing educational
133	services to youth in Department of Juvenile Justice programs,
134	and for those schools, report on the elements specified in s.
135	1003.52(19). Annual public disclosure reports shall be in an
136	easy-to-read report card format and shall include the school's
137	grade, high school graduation rate calculated without GED tests,
138	disaggregated by student ethnicity, and performance data as
139	specified in state board rule.
140	(c)(f)  School improvement funds.--The district school
141	board shall provide funds to schools for developing and
142	implementing school improvement plans. Such funds shall include
143	those funds appropriated for the purpose of school improvement
144	pursuant to s. 24.121(5)(c).
145	Section 3.  Section 1008.33, Florida Statutes, is amended
146	to read:
147	(Substantial rewording of section. See
148	s. 1008.33, F.S., for present text.)
149	1008.33  Authority to enforce public school improvement.--
150	(1)  The state system of school improvement and education
151	accountability shall comply with the education accountability
152	requirements of the federal Elementary and Secondary Education
153	Act, 20 U.S.C. ss. 6301 et seq., and its implementing
154	regulations, subject to evaluation and enforcement by the State
155	Board of Education.
156	(2)  School districts must be held accountable for
157	improving the academic achievement of all students and for
158	identifying and turning around low-performing schools that have
159	failed to provide a high-quality education to their students,
160	while providing alternatives to students in such schools, to
161	enable the students to receive a high-quality education.
162	(3)(a)  Pursuant to ss. 1008.34, 1008.345, and 1008.385 and
163	subsections (1) and (2), the State Board of Education shall hold
164	all school districts and public schools accountable for
165	facilitating student performance at acceptable levels. The state
166	board is responsible for a state system of school improvement
167	and education accountability that assesses student performance
168	by school, identifies schools in which students are not making
169	adequate progress toward state standards, institutes appropriate
170	measures for enforcing improvement, and provides rewards and
171	sanctions based on performance.
172	(b)  The state system of school improvement and education
173	accountability must provide for uniform accountability
174	standards, provide assistance of escalating intensity to low-
175	performing schools, direct support to schools in order to
176	improve and sustain performance, focus on the performance of
177	student subgroups, and provide options for equal opportunities
178	for students to obtain a high-quality education.
179	(4)  The academic performance of all students has a
180	significant effect on the education accountability of the state
181	school system. Pursuant to Art. IX of the State Constitution,
182	which prescribes the duty of the State Board of Education to
183	supervise Florida's public school system, the State Board of
184	Education shall equitably enforce the accountability
185	requirements of the state school system and may impose state
186	requirements on school districts in order to improve the
187	academic performance of all districts, schools, and students
188	based upon the provisions in ss. 1008.34, 1008.345, and 1008.385
189	and the education accountability requirements of the federal
190	Elementary and Secondary Education Act, 20 U.S.C. ss. 6301 et
191	seq., and its implementing regulations.
192	(a)  For the purpose of determining whether a public school
193	requires action to achieve a sufficient level of school
194	improvement, the Department of Education shall annually
195	categorize a public school in one of six categories based on the
196	school's grade, pursuant to the education accountability
197	requirements of the state school grading system under s.
198	1008.34, and the level and rate of change in student performance
199	in the areas of reading and mathematics, disaggregated into
200	student subgroups according to the education accountability
201	requirements for meeting adequate yearly progress under federal
202	law. Student subgroups as set forth in the education
203	accountability requirements of the federal Elementary and
204	Secondary Education Act, 20 U.S.C. s. 6311(b)(2)(C)(v)(II),
205	include economically disadvantaged students, students from major
206	racial and ethnic groups, students with disabilities, and
207	students with limited English proficiency.
208	(b)  Schools in need of improvement must be targeted with
209	appropriate intervention and support strategies that address
210	student performance, including, but not limited to, improvement
211	planning, leadership quality improvement, educator quality
212	improvement, professional development, curriculum alignment and
213	pacing, and use of continuous improvement and monitoring plans
214	and processes. The State Board of Education may prescribe
215	reporting requirements to review and monitor the progress of the
216	schools.
217	(5)  The Department of Education shall create a matrix that
218	reflects which intervention and support strategies may be
219	applied to address the particular needs of schools in each
220	category.
221	(a)  Intervention and support strategies shall be applied
222	to schools based upon the school categorization. The most
223	intense intervention and support strategies shall be applied to
224	schools in the lowest performing category.
225	(b)  For a school identified in the category of lowest
226	performing schools, the school district must select one of the
227	following options and submit a plan to the State Board of
228	Education for implementing the option by the beginning of the
229	second year after such identification, unless the school
230	advances to a higher category pursuant to subsection (6) before
231	such time:
232	1.  Convert the school to a district-managed turnaround
233	school by means that include implementation of a turnaround plan
234	approved by the Commissioner of Education that becomes the
235	school's improvement plan;
236	2.  Reassign students to another school and monitor the
237	progress of each reassigned student;
238	3.  Close the school and authorize a sponsor to reopen the
239	school as a charter school or multiple charter schools; or
240	4.  Contract with an outside entity to operate the school.
241
242	Implementation of the option requires State Board of Education
243	approval. Once implemented, continuation of the option shall be
244	based on the school moving from the lowest performing category
245	or on approval by the State Board of Education upon finding that
246	it is likely that the school will move from the lowest
247	performing category if provided additional time to implement
248	intervention and support strategies.
249	(6)  In order to advance to a higher category, a school
250	must make significant progress by improving its school grade and
251	by increasing student performance in mathematics and reading.
252	Student performance must be evaluated for each student subgroup
253	as set forth in subsection (4).
254	(7)(a)  The State Board of Education may impose a public
255	reprimand upon a school district if a school within the district
256	deviates from or fails to implement any of the provisions of its
257	school improvement plan or this section.
258	(b)  If the deviation or failure is repeated, continuous,
259	or serious, the State Board of Education may withhold the
260	transfer of state funds generated by the students assigned to
261	the school and allowable federal funds.
262	(8)  Beginning July 1, 2009, the Department of Education
263	shall commence its duties under this section.
264	(9)  By July 1, 2010, the State Board of Education shall
265	adopt rules pursuant to ss. 120.536(1) and 120.54 for
266	implementation of this section.
267	Section 4.  Paragraph (b) of subsection (3) of section
268	1008.34, Florida Statutes, is amended to read:
269	1008.34  School grading system; school report cards;
270	district grade.--
271	(3)  DESIGNATION OF SCHOOL GRADES.--
272	(b)1.  A school's grade shall be based on a combination of:
273	a.  Student achievement scores, including achievement
274	scores for students seeking a special diploma. Performance of
275	disaggregated student subgroups shall be included by the 2010-
276	2011 school year.
277	b.  Student learning gains as measured by annual FCAT
278	assessments in grades 3 through 10; learning gains for students
279	seeking a special diploma, as measured by an alternate
280	assessment tool, shall be included not later than the 2009-2010
281	school year.
282	c.  Improvement of the lowest 25th percentile of students
283	in the school in reading, mathematics, or writing on the FCAT,
284	unless these students are exhibiting satisfactory performance.
285	2.  Beginning with the 2009-2010 school year for schools
286	comprised of high school grades 9, 10, 11, and 12, or grades 10,
287	11, and 12, 50 percent of the school grade shall be based on a
288	combination of the factors listed in sub-subparagraphs 1.a.-c.
289	and the remaining 50 percent on the following factors:
290	a.  The high school graduation rate of the school;
291	b.  As valid data becomes available, the performance and
292	participation of the school's students in College Board Advanced
293	Placement courses, International Baccalaureate courses, dual
294	enrollment courses, and Advanced International Certificate of
295	Education courses; and the students' achievement of industry
296	certification, as determined by the Agency for Workforce
297	Innovation under s. 1003.492(2) in a career and professional
298	academy, as described in s. 1003.493;
299	c.  Postsecondary readiness of the school's students as
300	measured by the SAT, ACT, or the common placement test;
301	d.  The high school graduation rate of at-risk students who
302	scored at Level 2 or lower on the grade 8 FCAT Reading and
303	Mathematics examinations;
304	e.  As valid data becomes available, the performance of the
305	school's students on statewide standardized end-of-course
306	assessments administered under s. 1008.22; and
307	f.  The growth or decline in the components listed in sub-
308	subparagraphs a.-e. from year to year.
309	Section 5.  Subsection (5) and paragraphs (b) and (d) of
310	subsection (6) of section 1008.345, Florida Statutes, are
311	amended to read:
312	1008.345  Implementation of state system of school
313	improvement and education accountability.--
314	(5)  The commissioner shall report to the Legislature and
315	recommend changes in state policy necessary to foster school
316	improvement and education accountability. Included in the report
317	shall be a list of the schools, including schools operating for
318	the purpose of providing educational services to youth in
319	Department of Juvenile Justice programs, for which district
320	school boards have developed school improvement assistance and
321	intervention plans and an analysis of the various strategies
322	used by the school boards. School reports shall be distributed
323	pursuant to this subsection and s. 1001.42(18)(b)(16)(e) and
324	according to rules adopted by the State Board of Education.
325	(6)
326	(b)  Upon request, the department shall provide technical
327	assistance and training to any school, including any school
328	operating for the purpose of providing educational services to
329	youth in Department of Juvenile Justice programs, school
330	advisory council, district, or district school board for
331	conducting needs assessments, developing and implementing school
332	improvement plans, developing and implementing assistance and
333	intervention plans, or implementing other components of school
334	improvement and accountability. Priority for these services
335	shall be given to schools designated with a grade of "D" or "F"
336	and school districts in rural and sparsely populated areas of
337	the state.
338	(d)  The commissioner shall assign a community assessment
339	team to each school district or governing board with a school
340	graded "F" to review the school performance data and determine
341	causes for the low performance, including the role of school,
342	area, and district administrative personnel. The community
343	assessment team shall review a high school's graduation rate
344	calculated without GED tests for the past 3 years, disaggregated
345	by student ethnicity. The team shall make recommendations to the
346	school board or the governing board, to the commissioner
347	department, and to the State Board of Education for implementing
348	an assistance and intervention plan that will address the causes
349	of the school's low performance and may be incorporated into the
350	school's improvement plan. The assessment team shall include,
351	but not be limited to, a department representative, parents,
352	business representatives, educators, representatives of local
353	governments, and community activists, and shall represent the
354	demographics of the community from which they are appointed.
355	Section 6.  Subsections (1) and (2) of section 1012.2315,
356	Florida Statutes, are amended to read:
357	1012.2315  Assignment of teachers.--
358	(1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature
359	finds disparities between teachers assigned to teach in a
360	majority of schools that do not need improvement and schools
361	that do need improvement pursuant to s. 1008.33 "A" graded
362	schools and teachers assigned to teach in a majority of "F"
363	graded schools. The disparities may can be found in the
364	assignment of temporarily certified teachers, teachers in need
365	of improvement, and out-of-field teachers and in average years
366	of experience, the median salary, and the performance of the
367	students of a teacher teachers on teacher certification
368	examinations. It is the intent of the Legislature that district
369	school boards have flexibility through the collective bargaining
370	process to assign teachers more equitably across the schools in
371	the district.
372	(2)  ASSIGNMENT TO SCHOOLS CATEGORIZED AS IN NEED OF
373	IMPROVEMENT. GRADED "D" OR "F."--School districts may not assign
374	a higher percentage than the school district average of first-
375	time teachers, temporarily certified teachers, teachers in need
376	of improvement, or out-of-field teachers to schools categorized
377	as needing improvement pursuant to s. 1008.33. with above the
378	school district average of minority and economically
379	disadvantaged students or schools that are graded "D" or "F."
380	Each school district shall annually certify to the Commissioner
381	of Education that this requirement has been met. If the
382	commissioner determines that a school district is not in
383	compliance with this subsection, the State Board of Education
384	shall be notified and shall take action pursuant to s. 1008.32
385	in the next regularly scheduled meeting to require compliance.
386	Section 7.  Paragraph (p) of subsection (9) of section
387	1002.33, Florida Statutes, is amended to read:
388	1002.33  Charter schools.--
389	(9)  CHARTER SCHOOL REQUIREMENTS.--
390	(p)  Upon notification that a charter school receives a
391	school grade of "D" for 2 consecutive years or a school grade of
392	"F" under s. 1008.34(2), the charter school sponsor or the
393	sponsor's staff shall require the director and a representative
394	of the governing body to submit to the sponsor for approval a
395	school improvement plan to raise student achievement and to
396	implement the plan. The sponsor has the authority to approve a
397	school improvement plan that the charter school will implement
398	in the following school year. The sponsor may also consider the
399	State Board of Education's recommended action pursuant to s.
400	1008.33(1) as part of the school improvement plan. The
401	Department of Education shall offer technical assistance and
402	training to the charter school and its governing body and
403	establish guidelines for developing, submitting, and approving
404	such plans.
405	1.  If the charter school fails to improve its student
406	performance from the year immediately prior to the
407	implementation of the school improvement plan, the sponsor shall
408	place the charter school on probation and shall require the
409	charter school governing body to take one of the following
410	corrective actions:
411	a.  Contract for the educational services of the charter
412	school;
413	b.  Reorganize the school at the end of the school year
414	under a new director or principal who is authorized to hire new
415	staff and implement a plan that addresses the causes of
416	inadequate progress; or
417	c.  Reconstitute the charter school.
418	2.  A charter school that is placed on probation shall
419	continue the corrective actions required under subparagraph 1.
420	until the charter school improves its student performance from
421	the year prior to the implementation of the school improvement
422	plan.
423	3.  Notwithstanding any provision of this paragraph, the
424	sponsor may terminate the charter at any time pursuant to the
425	provisions of subsection (8).
426	Section 8.  This act shall take effect July 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.