Florida Senate - 2012 SB 1478 By Senator Montford 6-00757-12 20121478__ 1 A bill to be entitled 2 An act relating to school choice programs; creating s. 3 1008.226, F.S.; providing legislative findings and 4 intent; providing for a student to enter a public 5 school at any time following participation in a school 6 choice program; specifying the programs that 7 constitute school choice programs; requiring that the 8 student take a nationally norm-referenced assessment 9 test for diagnostic purposes and for purposes of 10 placing the student in the appropriate classes or 11 grade; requiring that each school district administer 12 the assessment and report the results of the 13 assessment to the student’s parent and the applicable 14 school choice program or school; requiring that the 15 Department of Education select the assessment and pay 16 for it if requested by a school district; requiring 17 that the department submit an annual report to the 18 Governor and Legislature by a specified date; 19 providing requirements for the report; requiring that 20 the department publish the annual report on its 21 Internet website; requiring that the State Board of 22 Education adopt rules; providing an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Section 1008.226, Florida Statutes, is created 27 to read: 28 1008.226 Student placement following participation in 29 school choice programs.— 30 (1) The Legislature finds that information regarding the 31 performance of students may be used to assist parents in making 32 informed choices and to improve the quality of school choice 33 programs for parents and students. The Legislature intends for 34 school choice programs to be held accountable to taxpayers 35 through the provision of information to students, parents, other 36 school choice programs, and the public regarding the performance 37 of students who participate in school choice programs. 38 (2)(a) A student may enroll in a public school at any time 39 following participation in a school choice program listed in 40 paragraph (b). After the student enrolls in the public school, 41 he or she shall take a nationally norm-referenced assessment 42 test, selected by the Department of Education, for diagnostic 43 purposes and for purposes of placing the student in the 44 appropriate classes or grade. 45 (b) School choice programs include, but are not limited to: 46 1. The John M. McKay Scholarships for Students with 47 Disabilities Program established in s. 1002.39. 48 2. The Florida Tax Credit Scholarship Program established 49 in s. 1002.395. 50 3. Home education programs established in s. 1002.41. 51 4. Private tutoring programs established in s. 1002.43. 52 (3) Each school district shall administer the nationally 53 norm-referenced assessment for the purposes provided in 54 paragraph (2)(a), and shall report the results of the assessment 55 to the student’s parent or guardian and to the applicable school 56 choice program or school. 57 (4) The Department of Education shall select the nationally 58 norm-referenced assessment and shall pay for the assessment if 59 requested by a school district. 60 (5) By July 1, 2013, and each year thereafter, the 61 Department of Education shall submit an annual report to the 62 Governor, the President of the Senate, and the Speaker of the 63 House of Representatives which contains the results of the 64 assessment of students who enroll in public school following 65 participation in one or more of the school choice programs 66 listed in subparagraphs (2)(b)1. and 2. The report must 67 summarize the learning gains and educational attainment of those 68 students and, to the extent possible, quantify the learning 69 gains and educational attainment of those students as compared 70 to public school students in similar classes and grades. The 71 annual report may not disaggregate data by disclosing the 72 academic level of individual students. The reporting of student 73 data pursuant to this subsection shall be consistent with the 74 Family Educational Rights and Privacy Act, 20 U.S.C. s. 1232g, 75 and is for the sole purpose of creating the annual report. The 76 department shall publish the annual report on its Internet 77 website. 78 (6) The State Board of Education shall adopt rules pursuant 79 to ss. 120.536(1) and 120.54 to administer this section. 80 Section 2. This act shall take effect July 1, 2012.