1 | A bill to be entitled |
2 | An act relating to school improvement and accountability; |
3 | providing a short title; amending s. 1001.42, F.S.; |
4 | revising provisions relating to the powers and duties of |
5 | district school boards to implement the state system of |
6 | school improvement and education accountability; amending |
7 | s. 1008.33, F.S.; requiring that the State Board of |
8 | Education comply with the federal Elementary and Secondary |
9 | Education Act (ESEA); authorizing the state board to adopt |
10 | rules in compliance with the ESEA and rules to maintain |
11 | such compliance; providing requirements for the state |
12 | system of school improvement and education accountability; |
13 | requiring that school districts be held accountable for |
14 | improving the academic achievement of all students and |
15 | identifying and turning around low-performing schools; |
16 | requiring that the Department of Education categorize |
17 | public schools annually based on school grade and the |
18 | level and rate of change in student performance; providing |
19 | that schools are subject to certain intervention and |
20 | support strategies; authorizing the state board to |
21 | prescribe reporting requirements to review and monitor the |
22 | progress of schools; requiring that the department create |
23 | a matrix reflecting which intervention and support |
24 | strategies to apply to schools in each category; providing |
25 | criteria for categorizing schools as the lowest-performing |
26 | schools; requiring that a school district submit a plan, |
27 | subject to state board approval, for implementing one of |
28 | four options to improve the performance of the lowest- |
29 | performing schools; requiring that a school district |
30 | submit a plan, subject to state board approval, for |
31 | implementing another option under certain circumstances; |
32 | requiring that a school make significant progress by |
33 | improving its grade and increasing student performance in |
34 | mathematics and reading to advance to a higher category; |
35 | requiring the state board to adopt rules; amending s. |
36 | 1008.345, F.S.; conforming provisions to changes made by |
37 | the act; amending s. 1012.2315, F.S.; revising legislative |
38 | findings and intent and provisions relating to the |
39 | assignment of teachers to conform to changes made by the |
40 | act; providing an effective date. |
41 |
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42 | Be It Enacted by the Legislature of the State of Florida: |
43 |
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44 | Section 1. This act may be cited as "Florida's Equal |
45 | Opportunity in Education Act." |
46 | Section 2. Subsection (18) of section 1001.42, Florida |
47 | Statutes, is amended to read: |
48 | 1001.42 Powers and duties of district school board.--The |
49 | district school board, acting as a board, shall exercise all |
50 | powers and perform all duties listed below: |
51 | (18) IMPLEMENT SCHOOL IMPROVEMENT AND |
52 | ACCOUNTABILITY.--Maintain a state system of school improvement |
53 | and education accountability as provided by statute and State |
54 | Board of Education rule. This system of school improvement and |
55 | education accountability shall be consistent with, and |
56 | implemented through, the district's continuing system of |
57 | planning and budgeting required by this section and ss. |
58 | 1008.385, 1010.01, and 1011.01. This system of school |
59 | improvement and education accountability shall comply with the |
60 | provisions of ss. 1008.33, 1008.34, 1008.345, and 1008.385 and |
61 | include, but is not limited to, the following: |
62 | (a) School improvement plans.--The district school board |
63 | shall annually approve and require implementation of a new, |
64 | amended, or continuation school improvement plan for each school |
65 | in the district. A district school board may establish a |
66 | district school improvement plan that includes all schools in |
67 | the district operating for the purpose of providing educational |
68 | services to youth in Department of Juvenile Justice programs. |
69 | The school improvement plan shall be designed to achieve the |
70 | state education priorities pursuant to s. 1000.03(5) and student |
71 | proficiency on the Sunshine State Standards pursuant to s. |
72 | 1003.41. Each plan shall address student achievement goals and |
73 | strategies based on state and school district proficiency |
74 | standards. The plan may also address issues relative to other |
75 | academic-related matters, as determined by district school board |
76 | policy, and shall include an accurate, data-based analysis of |
77 | student achievement and other school performance data. Beginning |
78 | with plans approved for implementation in the 2007-2008 school |
79 | year, each secondary school plan must include a redesign |
80 | component based on the principles established in s. 1003.413. |
81 | For each school in the district that earns a school grade of "C" |
82 | or below, or is required to have a school improvement plan under |
83 | federal law, the school improvement plan shall, at a minimum, |
84 | also include: |
85 | 1. Professional development that supports enhanced and |
86 | differentiated instructional strategies to improve teaching and |
87 | learning. |
88 | 2. Continuous use of disaggregated student achievement |
89 | data to determine effectiveness of instructional strategies. |
90 | 3. Ongoing informal and formal assessments to monitor |
91 | individual student progress, including progress toward mastery |
92 | of the Sunshine State Standards, and to redesign instruction if |
93 | needed. |
94 | 4. Alternative instructional delivery methods to support |
95 | remediation, acceleration, and enrichment strategies. |
96 | (b) Approval process.--Develop a process for approval of a |
97 | school improvement plan presented by an individual school and |
98 | its advisory council. In the event a district school board does |
99 | not approve a school improvement plan after exhausting this |
100 | process, the Department of Education shall be notified of the |
101 | need for assistance. |
102 | (c) Assistance and intervention.-- |
103 | 1. Develop a 2-year plan of increasing individualized |
104 | assistance and intervention for each school in danger of not |
105 | meeting state standards or making adequate progress, as defined |
106 | pursuant to statute and State Board of Education rule, toward |
107 | meeting the goals and standards of its approved school |
108 | improvement plan. |
109 | 2. Provide assistance and intervention to a school that is |
110 | designated with a grade of "D" pursuant to s. 1008.34 and is in |
111 | danger of failing. |
112 | 3. Develop a plan to encourage teachers with demonstrated |
113 | mastery in improving student performance to remain at or |
114 | transfer to a school with a grade of "D" or "F" or to an |
115 | alternative school that serves disruptive or violent youths. If |
116 | a classroom teacher, as defined by s. 1012.01(2)(a), who meets |
117 | the definition of teaching mastery developed according to the |
118 | provisions of this paragraph, requests assignment to a school |
119 | designated with a grade of "D" or "F" or to an alternative |
120 | school that serves disruptive or violent youths, the district |
121 | school board shall make every practical effort to grant the |
122 | request. |
123 | 4. Prioritize, to the extent possible, the expenditures of |
124 | funds received from the supplemental academic instruction |
125 | categorical fund under s. 1011.62(1)(f) to improve student |
126 | performance in schools that receive a grade of "D" or "F." |
127 | (d) After 2 years.--Notify the Commissioner of Education |
128 | and the State Board of Education in the event any school does |
129 | not make adequate progress toward meeting the goals and |
130 | standards of a school improvement plan by the end of 2 years of |
131 | failing to make adequate progress and proceed according to |
132 | guidelines developed pursuant to statute and State Board of |
133 | Education rule. School districts shall provide intervention and |
134 | assistance to schools in danger of being designated with a grade |
135 | of "F," failing to make adequate progress. |
136 | (b)(e) Public disclosure.--The district school board shall |
137 | provide information regarding the performance of students and |
138 | educational programs as required pursuant to ss. 1008.22 and |
139 | 1008.385 and implement a system of school reports as required by |
140 | statute and State Board of Education rule which that shall |
141 | include schools operating for the purpose of providing |
142 | educational services to youth in Department of Juvenile Justice |
143 | programs, and for those schools, report on the elements |
144 | specified in s. 1003.52(19). Annual public disclosure reports |
145 | shall be in an easy-to-read report card format and shall include |
146 | the school's grade, high school graduation rate calculated |
147 | without GED tests, disaggregated by student ethnicity, and |
148 | performance data as specified in state board rule. |
149 | (c)(f) School improvement funds.--The district school |
150 | board shall provide funds to schools for developing and |
151 | implementing school improvement plans. Such funds shall include |
152 | those funds appropriated for the purpose of school improvement |
153 | pursuant to s. 24.121(5)(c). |
154 | Section 3. Section 1008.33, Florida Statutes, is amended |
155 | to read: |
156 | (Substantial rewording of section. See |
157 | s. 1008.33, F.S., for present text.) |
158 | 1008.33 Authority to enforce public school improvement.-- |
159 | (1) The State Board of Education shall comply with the |
160 | federal Elementary and Secondary Education Act (ESEA), 20 U.S.C. |
161 | ss. 6301 et seq., and its implementing regulations. The State |
162 | Board of Education is authorized to adopt rules in compliance |
163 | with the ESEA and, after evaluating and determining that the |
164 | ESEA and its implementing regulations are consistent with the |
165 | statements of purpose set forth in the ESEA (2002), may adopt |
166 | rules to maintain compliance with the ESEA. |
167 | (2)(a) Pursuant to subsection (1) and ss. 1008.34, |
168 | 1008.345, and 1008.385, the State Board of Education shall hold |
169 | all school districts and public schools accountable for student |
170 | performance. The state board is responsible for a state system |
171 | of school improvement and education accountability that assesses |
172 | student performance by school, identifies schools in which |
173 | students are not making adequate progress toward state |
174 | standards, and institutes appropriate measures for enforcing |
175 | improvement. |
176 | (b) The state system of school improvement and education |
177 | accountability must provide for uniform accountability |
178 | standards, provide assistance of escalating intensity to low- |
179 | performing schools, direct support to schools in order to |
180 | improve and sustain performance, focus on the performance of |
181 | student subgroups, and enhance student performance. |
182 | (c) School districts must be held accountable for |
183 | improving the academic achievement of all students and for |
184 | identifying and turning around low-performing schools. |
185 | (3)(a) The academic performance of all students has a |
186 | significant effect on the state school system. Pursuant to Art. |
187 | IX of the State Constitution, which prescribes the duty of the |
188 | State Board of Education to supervise Florida's public school |
189 | system, the State Board of Education shall equitably enforce the |
190 | accountability requirements of the state school system and may |
191 | impose state requirements on school districts in order to |
192 | improve the academic performance of all districts, schools, and |
193 | students based upon the provisions of the Florida K-20 Education |
194 | Code, chapters 1000-1013, and the federal Elementary and |
195 | Secondary Education Act, 20 U.S.C. ss. 6301 et seq., and its |
196 | implementing regulations. |
197 | (b) For the purpose of determining whether a public school |
198 | requires action to achieve a sufficient level of school |
199 | improvement, the Department of Education shall annually |
200 | categorize a public school in one of six categories based on the |
201 | school's grade, pursuant to s. 1008.34, and the level and rate |
202 | of change in student performance in the areas of reading and |
203 | mathematics, disaggregated into student subgroups as described |
204 | in the federal Elementary and Secondary Education Act, 20 U.S.C. |
205 | s. 6311(b)(2)(C)(v)(II). |
206 | (c) Appropriate intervention and support strategies shall |
207 | be applied to schools that require action to achieve a |
208 | sufficient level of improvement as described in paragraph (b). |
209 | The intervention and support strategies must address student |
210 | performance, including, but not limited to, improvement |
211 | planning, leadership quality improvement, educator quality |
212 | improvement, professional development, curriculum alignment and |
213 | pacing, and the use of continuous improvement and monitoring |
214 | plans and processes. The State Board of Education may prescribe |
215 | reporting requirements to review and monitor the progress of the |
216 | schools. |
217 | (4) The Department of Education shall create a matrix that |
218 | reflects intervention and support strategies to address the |
219 | particular needs of schools in each category. |
220 | (a) Intervention and support strategies shall be applied |
221 | to schools based upon the school categorization. The Department |
222 | of Education shall apply the most intense intervention |
223 | strategies to the lowest-performing schools. For all but the |
224 | lowest category and "F" schools in the second lowest category, |
225 | the intervention and support strategies shall be administered |
226 | solely by the districts and the schools. |
227 | (b) The lowest-performing schools are schools that have |
228 | received: |
229 | 1. A grade of "F" in the most recent school year and in 4 |
230 | of the last 6 years; or |
231 | 2. A grade of "D" or "F" in the most recent school year |
232 | and meet at least three of the following criteria: |
233 | a. The percentage of students who are not proficient in |
234 | reading has increased when compared to measurements taken 5 |
235 | years previously; |
236 | b. The percentage of students who are not proficient in |
237 | mathematics has increased when compared to measurements taken 5 |
238 | years previously; |
239 | c. At least 65 percent of the school's students are not |
240 | proficient in reading; or |
241 | d. At least 65 percent of the school's students are not |
242 | proficient in mathematics. |
243 | (5)(a) In the school year after a school is initially |
244 | identified as a school in the lowest-performing category, the |
245 | school district must submit a plan, which is subject to approval |
246 | by the State Board of Education, for implementing one of the |
247 | following options at the beginning of the next school year. The |
248 | plan must be implemented unless the school moves from the |
249 | lowest-performing category: |
250 | 1. Convert the school to a district-managed turnaround |
251 | school by means that include implementing a turnaround plan |
252 | approved by the Commissioner of Education which shall become the |
253 | school's improvement plan; |
254 | 2. Reassign students to another school and monitor the |
255 | progress of each reassigned student; |
256 | 3. Close the school and reopen the school as one or more |
257 | charter schools each with a governing board that has a |
258 | demonstrated record of effectiveness; or |
259 | 4. Contract with an outside entity that has a demonstrated |
260 | record of effectiveness to operate the school. |
261 | (b) If a school does not move from the lowest-performing |
262 | category during the initial year of implementing one of the |
263 | options in paragraph (a), the school district must submit a |
264 | plan, which is subject to approval by the State Board of |
265 | Education, for implementing a different option in paragraph (a) |
266 | at the beginning of the next school year, unless the State Board |
267 | of Education determines that the school is likely to move from |
268 | the lowest-performing category if additional time is provided to |
269 | implement intervention and support strategies. The State Board |
270 | of Education shall determine whether a school district may |
271 | continue to implement an option beyond 1 year while a school |
272 | remains in the lowest-performing category. |
273 | (6) In order to advance to a higher category, a school |
274 | must make significant progress by improving its school grade and |
275 | by increasing student performance in mathematics and reading. |
276 | Student performance must be evaluated for each student subgroup |
277 | as set forth in paragraph (3)(b). |
278 | (7) Beginning July 1, 2009, the Department of Education |
279 | shall commence its duties under this section. |
280 | (8) By July 1, 2010, the State Board of Education shall |
281 | adopt rules pursuant to ss. 120.536(1) and 120.54 to administer |
282 | this section. The state board shall consult with education |
283 | stakeholders in developing the rules. |
284 | Section 4. Subsection (5) and paragraphs (b) and (d) of |
285 | subsection (6) of section 1008.345, Florida Statutes, are |
286 | amended to read: |
287 | 1008.345 Implementation of state system of school |
288 | improvement and education accountability.-- |
289 | (5) The commissioner shall report to the Legislature and |
290 | recommend changes in state policy necessary to foster school |
291 | improvement and education accountability. Included in the report |
292 | shall be a list of the schools, including schools operating for |
293 | the purpose of providing educational services to youth in |
294 | Department of Juvenile Justice programs, for which district |
295 | school boards have developed assistance and intervention and |
296 | support strategies plans and an analysis of the various |
297 | strategies used by the school boards. School reports shall be |
298 | distributed pursuant to this subsection and s. 1001.42(18)(b) s. |
299 | 1001.42(16)(e) and according to rules adopted by the State Board |
300 | of Education. |
301 | (6) |
302 | (b) Upon request, the department shall provide technical |
303 | assistance and training to any school, including any school |
304 | operating for the purpose of providing educational services to |
305 | youth in Department of Juvenile Justice programs, school |
306 | advisory council, district, or district school board for |
307 | conducting needs assessments, developing and implementing school |
308 | improvement plans, developing and implementing assistance and |
309 | intervention plans, or implementing other components of school |
310 | improvement and accountability. Priority for these services |
311 | shall be given to schools designated with a grade of "D" or "F" |
312 | and school districts in rural and sparsely populated areas of |
313 | the state. |
314 | (d) The commissioner shall assign a community assessment |
315 | team to each school district or governing board with a school |
316 | graded "F" or a school in the lowest-performing category |
317 | pursuant to s. 1008.33 to review the school performance data and |
318 | determine causes for the low performance, including the role of |
319 | school, area, and district administrative personnel. The |
320 | community assessment team shall review a high school's |
321 | graduation rate calculated without GED tests for the past 3 |
322 | years, disaggregated by student ethnicity. The team shall make |
323 | recommendations to the school board or the governing board, to |
324 | the department, and to the State Board of Education which for |
325 | implementing an assistance and intervention plan that will |
326 | address the causes of the school's low performance and may be |
327 | incorporated into the school improvement plan. The assessment |
328 | team shall include, but not be limited to, a department |
329 | representative, parents, business representatives, educators, |
330 | representatives of local governments, and community activists, |
331 | and shall represent the demographics of the community from which |
332 | they are appointed. |
333 | Section 5. Subsections (1) and (2) of section 1012.2315, |
334 | Florida Statutes, are amended to read: |
335 | 1012.2315 Assignment of teachers.-- |
336 | (1) LEGISLATIVE FINDINGS AND INTENT.--The Legislature |
337 | finds disparities between teachers assigned to teach in a |
338 | majority of schools that do not need improvement and schools |
339 | that do need improvement pursuant to s. 1008.33 "A" graded |
340 | schools and teachers assigned to teach in a majority of "F" |
341 | graded schools. The disparities may can be found in the |
342 | assignment of temporarily certified teachers, teachers in need |
343 | of improvement, and out-of-field teachers and in average years |
344 | of experience, the median salary, and the performance of the |
345 | students teachers on teacher certification examinations. It is |
346 | the intent of the Legislature that district school boards have |
347 | flexibility through the collective bargaining process to assign |
348 | teachers more equitably across the schools in the district. |
349 | (2) ASSIGNMENT TO SCHOOLS CATEGORIZED AS IN NEED OF |
350 | IMPROVEMENT. GRADED "D" OR "F."--School districts may not assign |
351 | a higher percentage than the school district average of first- |
352 | time teachers, temporarily certified teachers, teachers in need |
353 | of improvement, or out-of-field teachers to schools in one of |
354 | the three lowest-performing categories under s. 1008.33(3)(b). |
355 | with above the school district average of minority and |
356 | economically disadvantaged students or schools that are graded |
357 | "D" or "F." Each school district shall annually certify to the |
358 | Commissioner of Education that this requirement has been met. If |
359 | the commissioner determines that a school district is not in |
360 | compliance with this subsection, the State Board of Education |
361 | shall be notified and shall take action pursuant to s. 1008.32 |
362 | in the next regularly scheduled meeting to require compliance. |
363 | Section 6. This act shall take effect July 1, 2009. |
364 |
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