CS/CS/HB 991

1
A bill to be entitled
2An act relating to school improvement and accountability;
3providing a short title; amending s. 1001.42, F.S.;
4revising provisions relating to the powers and duties of
5district school boards to implement the state system of
6school improvement and education accountability; amending
7s. 1008.33, F.S.; requiring that the State Board of
8Education comply with the federal Elementary and Secondary
9Education Act (ESEA); authorizing the state board to adopt
10rules in compliance with the ESEA and rules to maintain
11such compliance; providing requirements for the state
12system of school improvement and education accountability;
13requiring that school districts be held accountable for
14improving the academic achievement of all students and
15identifying and turning around low-performing schools;
16requiring that the Department of Education categorize
17public schools annually based on school grade and the
18level and rate of change in student performance; providing
19that schools are subject to certain intervention and
20support strategies; authorizing the state board to
21prescribe reporting requirements to review and monitor the
22progress of schools; requiring that the department create
23a matrix reflecting which intervention and support
24strategies to apply to schools in each category; providing
25criteria for categorizing schools as the lowest-performing
26schools; requiring that a school district submit a plan,
27subject to state board approval, for implementing one of
28four options to improve the performance of the lowest-
29performing schools; requiring that a school district
30submit a plan, subject to state board approval, for
31implementing another option under certain circumstances;
32requiring that a school make significant progress by
33improving its grade and increasing student performance in
34mathematics and reading to advance to a higher category;
35requiring the state board to adopt rules; amending s.
361008.345, F.S.; conforming provisions to changes made by
37the act; amending s. 1012.2315, F.S.; revising legislative
38findings and intent and provisions relating to the
39assignment of teachers to conform to changes made by the
40act; providing an effective date.
41
42Be It Enacted by the Legislature of the State of Florida:
43
44     Section 1.  This act may be cited as "Florida's Equal
45Opportunity in Education Act."
46     Section 2.  Subsection (18) of section 1001.42, Florida
47Statutes, is amended to read:
48     1001.42  Powers and duties of district school board.--The
49district school board, acting as a board, shall exercise all
50powers and perform all duties listed below:
51     (18)  IMPLEMENT SCHOOL IMPROVEMENT AND
52ACCOUNTABILITY.--Maintain a state system of school improvement
53and education accountability as provided by statute and State
54Board of Education rule. This system of school improvement and
55education accountability shall be consistent with, and
56implemented through, the district's continuing system of
57planning and budgeting required by this section and ss.
581008.385, 1010.01, and 1011.01. This system of school
59improvement and education accountability shall comply with the
60provisions of ss. 1008.33, 1008.34, 1008.345, and 1008.385 and
61include, but is not limited to, the following:
62     (a)  School improvement plans.--The district school board
63shall annually approve and require implementation of a new,
64amended, or continuation school improvement plan for each school
65in the district. A district school board may establish a
66district school improvement plan that includes all schools in
67the district operating for the purpose of providing educational
68services to youth in Department of Juvenile Justice programs.
69The school improvement plan shall be designed to achieve the
70state education priorities pursuant to s. 1000.03(5) and student
71proficiency on the Sunshine State Standards pursuant to s.
721003.41. Each plan shall address student achievement goals and
73strategies based on state and school district proficiency
74standards. The plan may also address issues relative to other
75academic-related matters, as determined by district school board
76policy, and shall include an accurate, data-based analysis of
77student achievement and other school performance data. Beginning
78with plans approved for implementation in the 2007-2008 school
79year, each secondary school plan must include a redesign
80component based on the principles established in s. 1003.413.
81For each school in the district that earns a school grade of "C"
82or below, or is required to have a school improvement plan under
83federal law, the school improvement plan shall, at a minimum,
84also include:
85     1.  Professional development that supports enhanced and
86differentiated instructional strategies to improve teaching and
87learning.
88     2.  Continuous use of disaggregated student achievement
89data to determine effectiveness of instructional strategies.
90     3.  Ongoing informal and formal assessments to monitor
91individual student progress, including progress toward mastery
92of the Sunshine State Standards, and to redesign instruction if
93needed.
94     4.  Alternative instructional delivery methods to support
95remediation, acceleration, and enrichment strategies.
96     (b)  Approval process.--Develop a process for approval of a
97school improvement plan presented by an individual school and
98its advisory council. In the event a district school board does
99not approve a school improvement plan after exhausting this
100process, the Department of Education shall be notified of the
101need for assistance.
102     (c)  Assistance and intervention.--
103     1.  Develop a 2-year plan of increasing individualized
104assistance and intervention for each school in danger of not
105meeting state standards or making adequate progress, as defined
106pursuant to statute and State Board of Education rule, toward
107meeting the goals and standards of its approved school
108improvement plan.
109     2.  Provide assistance and intervention to a school that is
110designated with a grade of "D" pursuant to s. 1008.34 and is in
111danger of failing.
112     3.  Develop a plan to encourage teachers with demonstrated
113mastery in improving student performance to remain at or
114transfer to a school with a grade of "D" or "F" or to an
115alternative school that serves disruptive or violent youths. If
116a classroom teacher, as defined by s. 1012.01(2)(a), who meets
117the definition of teaching mastery developed according to the
118provisions of this paragraph, requests assignment to a school
119designated with a grade of "D" or "F" or to an alternative
120school that serves disruptive or violent youths, the district
121school board shall make every practical effort to grant the
122request.
123     4.  Prioritize, to the extent possible, the expenditures of
124funds received from the supplemental academic instruction
125categorical fund under s. 1011.62(1)(f) to improve student
126performance in schools that receive a grade of "D" or "F."
127     (d)  After 2 years.--Notify the Commissioner of Education
128and the State Board of Education in the event any school does
129not make adequate progress toward meeting the goals and
130standards of a school improvement plan by the end of 2 years of
131failing to make adequate progress and proceed according to
132guidelines developed pursuant to statute and State Board of
133Education rule. School districts shall provide intervention and
134assistance to schools in danger of being designated with a grade
135of "F," failing to make adequate progress.
136     (b)(e)  Public disclosure.--The district school board shall
137provide information regarding the performance of students and
138educational programs as required pursuant to ss. 1008.22 and
1391008.385 and implement a system of school reports as required by
140statute and State Board of Education rule which that shall
141include schools operating for the purpose of providing
142educational services to youth in Department of Juvenile Justice
143programs, and for those schools, report on the elements
144specified in s. 1003.52(19). Annual public disclosure reports
145shall be in an easy-to-read report card format and shall include
146the school's grade, high school graduation rate calculated
147without GED tests, disaggregated by student ethnicity, and
148performance data as specified in state board rule.
149     (c)(f)  School improvement funds.--The district school
150board shall provide funds to schools for developing and
151implementing school improvement plans. Such funds shall include
152those funds appropriated for the purpose of school improvement
153pursuant to s. 24.121(5)(c).
154     Section 3.  Section 1008.33, Florida Statutes, is amended
155to 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
160federal Elementary and Secondary Education Act (ESEA), 20 U.S.C.
161ss. 6301 et seq., and its implementing regulations. The State
162Board of Education is authorized to adopt rules in compliance
163with the ESEA and, after evaluating and determining that the
164ESEA and its implementing regulations are consistent with the
165statements of purpose set forth in the ESEA (2002), may adopt
166rules to maintain compliance with the ESEA.
167     (2)(a)  Pursuant to subsection (1) and ss. 1008.34,
1681008.345, and 1008.385, the State Board of Education shall hold
169all school districts and public schools accountable for student
170performance. The state board is responsible for a state system
171of school improvement and education accountability that assesses
172student performance by school, identifies schools in which
173students are not making adequate progress toward state
174standards, and institutes appropriate measures for enforcing
175improvement.
176     (b)  The state system of school improvement and education
177accountability must provide for uniform accountability
178standards, provide assistance of escalating intensity to low-
179performing schools, direct support to schools in order to
180improve and sustain performance, focus on the performance of
181student subgroups, and enhance student performance.
182     (c)  School districts must be held accountable for
183improving the academic achievement of all students and for
184identifying and turning around low-performing schools.
185     (3)(a)  The academic performance of all students has a
186significant effect on the state school system. Pursuant to Art.
187IX of the State Constitution, which prescribes the duty of the
188State Board of Education to supervise Florida's public school
189system, the State Board of Education shall equitably enforce the
190accountability requirements of the state school system and may
191impose state requirements on school districts in order to
192improve the academic performance of all districts, schools, and
193students based upon the provisions of the Florida K-20 Education
194Code, chapters 1000-1013, and the federal Elementary and
195Secondary Education Act, 20 U.S.C. ss. 6301 et seq., and its
196implementing regulations.
197     (b)  For the purpose of determining whether a public school
198requires action to achieve a sufficient level of school
199improvement, the Department of Education shall annually
200categorize a public school in one of six categories based on the
201school's grade, pursuant to s. 1008.34, and the level and rate
202of change in student performance in the areas of reading and
203mathematics, disaggregated into student subgroups as described
204in the federal Elementary and Secondary Education Act, 20 U.S.C.
205s. 6311(b)(2)(C)(v)(II).
206     (c)  Appropriate intervention and support strategies shall
207be applied to schools that require action to achieve a
208sufficient level of improvement as described in paragraph (b).
209The intervention and support strategies must address student
210performance, including, but not limited to, improvement
211planning, leadership quality improvement, educator quality
212improvement, professional development, curriculum alignment and
213pacing, and the use of continuous improvement and monitoring
214plans and processes. The State Board of Education may prescribe
215reporting requirements to review and monitor the progress of the
216schools.
217     (4)  The Department of Education shall create a matrix that
218reflects intervention and support strategies to address the
219particular needs of schools in each category.
220     (a)  Intervention and support strategies shall be applied
221to schools based upon the school categorization. The Department
222of Education shall apply the most intense intervention
223strategies to the lowest-performing schools. For all but the
224lowest category and "F" schools in the second lowest category,
225the intervention and support strategies shall be administered
226solely by the districts and the schools.
227     (b)  The lowest-performing schools are schools that have
228received:
229     1.  A grade of "F" in the most recent school year and in 4
230of the last 6 years; or
231     2.  A grade of "D" or "F" in the most recent school year
232and meet at least three of the following criteria:
233     a.  The percentage of students who are not proficient in
234reading has increased when compared to measurements taken 5
235years previously;
236     b.  The percentage of students who are not proficient in
237mathematics has increased when compared to measurements taken 5
238years previously;
239     c.  At least 65 percent of the school's students are not
240proficient in reading; or
241     d.  At least 65 percent of the school's students are not
242proficient in mathematics.
243     (5)(a)  In the school year after a school is initially
244identified as a school in the lowest-performing category, the
245school district must submit a plan, which is subject to approval
246by the State Board of Education, for implementing one of the
247following options at the beginning of the next school year. The
248plan must be implemented unless the school moves from the
249lowest-performing category:
250     1.  Convert the school to a district-managed turnaround
251school by means that include implementing a turnaround plan
252approved by the Commissioner of Education which shall become the
253school's improvement plan;
254     2.  Reassign students to another school and monitor the
255progress of each reassigned student;
256     3.  Close the school and reopen the school as one or more
257charter schools each with a governing board that has a
258demonstrated record of effectiveness; or
259     4.  Contract with an outside entity that has a demonstrated
260record of effectiveness to operate the school.
261     (b)  If a school does not move from the lowest-performing
262category during the initial year of implementing one of the
263options in paragraph (a), the school district must submit a
264plan, which is subject to approval by the State Board of
265Education, for implementing a different option in paragraph (a)
266at the beginning of the next school year, unless the State Board
267of Education determines that the school is likely to move from
268the lowest-performing category if additional time is provided to
269implement intervention and support strategies. The State Board
270of Education shall determine whether a school district may
271continue to implement an option beyond 1 year while a school
272remains in the lowest-performing category.
273     (6)  In order to advance to a higher category, a school
274must make significant progress by improving its school grade and
275by increasing student performance in mathematics and reading.
276Student performance must be evaluated for each student subgroup
277as set forth in paragraph (3)(b).
278     (7)  Beginning July 1, 2009, the Department of Education
279shall commence its duties under this section.
280     (8)  By July 1, 2010, the State Board of Education shall
281adopt rules pursuant to ss. 120.536(1) and 120.54 to administer
282this section. The state board shall consult with education
283stakeholders in developing the rules.
284     Section 4.  Subsection (5) and paragraphs (b) and (d) of
285subsection (6) of section 1008.345, Florida Statutes, are
286amended to read:
287     1008.345  Implementation of state system of school
288improvement and education accountability.--
289     (5)  The commissioner shall report to the Legislature and
290recommend changes in state policy necessary to foster school
291improvement and education accountability. Included in the report
292shall be a list of the schools, including schools operating for
293the purpose of providing educational services to youth in
294Department of Juvenile Justice programs, for which district
295school boards have developed assistance and intervention and
296support strategies plans and an analysis of the various
297strategies used by the school boards. School reports shall be
298distributed pursuant to this subsection and s. 1001.42(18)(b) s.
2991001.42(16)(e) and according to rules adopted by the State Board
300of Education.
301     (6)
302     (b)  Upon request, the department shall provide technical
303assistance and training to any school, including any school
304operating for the purpose of providing educational services to
305youth in Department of Juvenile Justice programs, school
306advisory council, district, or district school board for
307conducting needs assessments, developing and implementing school
308improvement plans, developing and implementing assistance and
309intervention plans, or implementing other components of school
310improvement and accountability. Priority for these services
311shall be given to schools designated with a grade of "D" or "F"
312and school districts in rural and sparsely populated areas of
313the state.
314     (d)  The commissioner shall assign a community assessment
315team to each school district or governing board with a school
316graded "F" or a school in the lowest-performing category
317pursuant to s. 1008.33 to review the school performance data and
318determine causes for the low performance, including the role of
319school, area, and district administrative personnel. The
320community assessment team shall review a high school's
321graduation rate calculated without GED tests for the past 3
322years, disaggregated by student ethnicity. The team shall make
323recommendations to the school board or the governing board, to
324the department, and to the State Board of Education which for
325implementing an assistance and intervention plan that will
326address the causes of the school's low performance and may be
327incorporated into the school improvement plan. The assessment
328team shall include, but not be limited to, a department
329representative, parents, business representatives, educators,
330representatives of local governments, and community activists,
331and shall represent the demographics of the community from which
332they are appointed.
333     Section 5.  Subsections (1) and (2) of section 1012.2315,
334Florida Statutes, are amended to read:
335     1012.2315  Assignment of teachers.--
336     (1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature
337finds disparities between teachers assigned to teach in a
338majority of schools that do not need improvement and schools
339that do need improvement pursuant to s. 1008.33 "A" graded
340schools and teachers assigned to teach in a majority of "F"
341graded schools. The disparities may can be found in the
342assignment of temporarily certified teachers, teachers in need
343of improvement, and out-of-field teachers and in average years
344of experience, the median salary, and the performance of the
345students teachers on teacher certification examinations. It is
346the intent of the Legislature that district school boards have
347flexibility through the collective bargaining process to assign
348teachers more equitably across the schools in the district.
349     (2)  ASSIGNMENT TO SCHOOLS CATEGORIZED AS IN NEED OF
350IMPROVEMENT. GRADED "D" OR "F."--School districts may not assign
351a higher percentage than the school district average of first-
352time teachers, temporarily certified teachers, teachers in need
353of improvement, or out-of-field teachers to schools in one of
354the three lowest-performing categories under s. 1008.33(3)(b).
355with above the school district average of minority and
356economically disadvantaged students or schools that are graded
357"D" or "F." Each school district shall annually certify to the
358Commissioner of Education that this requirement has been met. If
359the commissioner determines that a school district is not in
360compliance with this subsection, the State Board of Education
361shall be notified and shall take action pursuant to s. 1008.32
362in the next regularly scheduled meeting to require compliance.
363     Section 6.  This act shall take effect July 1, 2009.
364


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