Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for SB 1522
       
       
       
       
       
       
                                Barcode 706744                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             03/09/2012 11:14 AM       .                                
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       Senator Montford moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (18) and subsection
    6  (20) of section 1001.42, Florida Statutes, are amended to read:
    7         1001.42 Powers and duties of district school board.—The
    8  district school board, acting as a board, shall exercise all
    9  powers and perform all duties listed below:
   10         (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.
   11  Maintain a state system of school improvement and education
   12  accountability as provided by statute and State Board of
   13  Education rule. This system of school improvement and education
   14  accountability shall be consistent with, and implemented
   15  through, the district’s continuing system of planning and
   16  budgeting required by this section and ss. 1008.385, 1010.01,
   17  and 1011.01. This system of school improvement and education
   18  accountability shall comply with the provisions of ss. 1008.33,
   19  1008.34, 1008.345, and 1008.385 and include the following:
   20         (a) School improvement plans.—The district school board
   21  shall annually approve and require implementation of a new,
   22  amended, or continuation school improvement plan for each school
   23  in the district. If a school has a significant gap in
   24  achievement on statewide assessments pursuant to s.
   25  1008.34(3)(b) by one or more student subgroups, as defined in
   26  the federal Elementary and Secondary Education Act (ESEA), 20
   27  U.S.C. s. 6311(b)(2)(C)(v)(II); has not significantly decreased
   28  the percentage of students scoring below satisfactory on
   29  statewide assessments; or has significantly lower graduation
   30  rates for a subgroup when compared to the state’s graduation
   31  rate, that school’s improvement plan shall include strategies,
   32  including tutoring or other supplemental academic enrichment
   33  services, for improving these results. For a Title I school, the
   34  plan shall include supplemental educational services offered by
   35  multiple providers approved under and in compliance with s.
   36  1008.331. The state board shall adopt rules establishing
   37  thresholds and for determining compliance with this paragraph.
   38         (20) OPPORTUNITY SCHOLARSHIPS.—Adopt policies allowing
   39  students attending schools that have earned a grade of “F” or
   40  three consecutive grades been designated with a grade of “D” or
   41  “F” pursuant to s. 1008.34 and that are in one of the two
   42  lowest-performing categories pursuant to s. 1008.33 to attend a
   43  higher-performing school in the district or any other district
   44  in the state, in conformance with s. 1002.38 and State Board of
   45  Education rule.
   46         Section 2. Paragraphs (n), (o), and (p) of subsection (9)
   47  of section 1002.33, Florida Statutes, are amended to read:
   48         1002.33 Charter schools.—
   49         (9) CHARTER SCHOOL REQUIREMENTS.—
   50         (n)1. The director and a representative of the governing
   51  board body of a charter school that has earned received a school
   52  grade of “D” or “F” pursuant to under s. 1008.34(2) shall appear
   53  before the sponsor or the sponsor’s staff at least once a year
   54  to present information concerning each contract component having
   55  noted deficiencies. The sponsor shall communicate at the
   56  meeting, and in writing to the director, the services provided
   57  to the school to help the school address its deficiencies.
   58         (o) Upon notification that a charter school receives a
   59  school grade of “D” for 2 consecutive years or a school grade of
   60  “F” under s. 1008.34(2), The charter school sponsor or the
   61  sponsor’s staff shall require the director and a representative
   62  of the governing board shall body to submit to the sponsor for
   63  approval a school improvement plan to raise student achievement
   64  and to implement the plan. Upon approval by the sponsor, the
   65  charter school shall begin implementation of the has the
   66  authority to approve a school improvement plan that the charter
   67  school will implement in the following school year. The sponsor
   68  may also consider the State Board of Education’s recommended
   69  action pursuant to s. 1008.33(1) as part of the school
   70  improvement plan. The department of Education shall offer
   71  technical assistance and training to the charter school and its
   72  governing board body and establish guidelines for developing,
   73  submitting, and approving such plans.
   74         2.a.1. If a the charter school earns three consecutive
   75  grades of “D,” two consecutive grades of “D” followed by a grade
   76  of “F,” or two nonconsecutive grades of “F” within a 3-year
   77  period fails to improve its student performance from the year
   78  immediately prior to the implementation of the school
   79  improvement plan, the sponsor shall place the charter school on
   80  probation and shall require the charter school governing board
   81  shall choose body to take one of the following corrective
   82  actions:
   83         (I)a. Contract for the educational services to be provided
   84  directly to students, instructional personnel, and school
   85  administrators, as prescribed in state board rule of the charter
   86  school;
   87         (II) Contract with an outside entity that has a
   88  demonstrated record of effectiveness to operate the school;
   89         (III)b. Reorganize the school at the end of the school year
   90  under a new director or principal who is authorized to hire new
   91  staff and implement a plan that addresses the causes of
   92  inadequate progress; or
   93         (IV)c.Voluntarily close Reconstitute the charter school.
   94         b. The charter school must implement the corrective action
   95  in the school year following receipt of a third consecutive
   96  grade of “D,” a grade of “F” following two consecutive grades of
   97  “D,” or a second nonconsecutive grade of “F” within a 3-year
   98  period.
   99         c. The sponsor may annually waive a corrective action if it
  100  determines that the charter school is likely to improve a letter
  101  grade if additional time is provided to implement the
  102  intervention and support strategies prescribed by the school
  103  improvement plan. Notwithstanding this sub-subparagraph, a
  104  charter school that earns a second consecutive grade of “F” is
  105  subject to subparagraph 4.
  106         d.2. A charter school is no longer required to implement a
  107  that is placed on probation shall continue the corrective action
  108  if it actions required under subparagraph 1. until the charter
  109  school improves by at least one letter grade its student
  110  performance from the year prior to the implementation of the
  111  school improvement plan. However, the charter school must
  112  continue to implement strategies identified in the school
  113  improvement plan. The sponsor must annually review
  114  implementation of the school improvement plan to monitor the
  115  school’s continued improvement pursuant to subparagraph 5.
  116         e. A charter school implementing a corrective action that
  117  does not improve by at least one letter grade after 2 full
  118  school years of implementing the corrective action must select a
  119  different corrective action. Implementation of the new
  120  corrective action must begin in the school year following the
  121  implementation period of the existing corrective action, unless
  122  the sponsor determines that the charter school is likely to
  123  improve a letter grade if additional time is provided to
  124  implement the existing corrective action. Notwithstanding this
  125  sub-subparagraph, a charter school that earns a second
  126  consecutive grade of “F” while implementing a corrective action
  127  is subject to subparagraph 4.
  128         3. A charter school with a grade of “D” or “F” that
  129  improves by at least one letter grade must continue to implement
  130  the strategies identified in the school improvement plan. The
  131  sponsor must annually review implementation of the school
  132  improvement plan to monitor the school’s continued improvement
  133  pursuant to subparagraph 5.
  134         4. The sponsor shall terminate a charter if the charter
  135  school earns two consecutive grades of “F” unless:
  136         a. The charter school is established to turnaround the
  137  performance of a district public school pursuant to s.
  138  1008.33(4)(b)3. Such charter schools shall be governed by s.
  139  1008.33;
  140         b. The charter school serves a student population the
  141  majority of which resides in a school zone served by a district
  142  public school that earned a grade of “F” in the year before the
  143  charter school opened and the charter school earns at least a
  144  grade of “D” in its third year of operation. The exception
  145  provided under this sub-subparagraph does not apply to a charter
  146  school in its fourth year of operation and thereafter; or
  147         c. The state board grants the charter school a waiver of
  148  termination. The charter school must request the waiver within
  149  30 days after completion of school grade appeals. The state
  150  board may waive termination if the charter school demonstrates
  151  that the learning gains of its students on statewide assessments
  152  are comparable to or better than the learning gains of similarly
  153  situated students enrolled in nearby district public schools.
  154  The waiver is valid for 1 year and may only be granted once.
  155  Charter schools that have been in operation for more than 5
  156  years are not eligible for a waiver under this sub-subparagraph.
  157         3. Notwithstanding any provision of this paragraph, the
  158  sponsor may terminate the charter at any time pursuant to
  159  subsection (8).
  160         5.(p) The director and a representative of the governing
  161  board body of a graded charter school that has implemented
  162  submitted a school improvement plan or has been placed on
  163  probation under this paragraph (o) shall appear before the
  164  sponsor or the sponsor’s staff at least once a year to present
  165  information regarding the progress of intervention and support
  166  corrective strategies that are being implemented by the school
  167  pursuant to the school improvement plan and corrective actions,
  168  if applicable. The sponsor shall communicate at the meeting, and
  169  in writing to the director, the services provided to the school
  170  to help the school address its deficiencies.
  171         6. Notwithstanding any provision of this paragraph except
  172  sub-subparagraphs 4.a.-c., the sponsor may terminate the charter
  173  at any time pursuant to subsection (8).
  174         Section 3. Paragraph (b) of subsection (1) of section
  175  1002.332, Florida Statutes, is amended to read:
  176         1002.332 High-performing charter school system.—
  177         (1) For purposes of this section, the term:
  178         (b) “High-performing charter school system” means an entity
  179  that:
  180         1. Operates at least three high-performing charter schools
  181  in the state;
  182         2. Operates a system of charter schools in which at least
  183  50 percent of the charter schools are high-performing charter
  184  schools pursuant to s. 1002.331 and no charter school earned
  185  received a school grade of “D” or “F” pursuant to s. 1008.34,
  186  except that:
  187         a. If the entity has assumed operation of a public school
  188  pursuant to s. 1008.33(4)(b)3. 1008.33 (5)(a)3. with a school
  189  grade of “D” or “F,” that school’s grade may shall not be
  190  considered in determining high-performing charter school system
  191  status for a period of 3 years.
  192         b. If the entity establishes a new charter school that
  193  serves a student population the majority of which resides in a
  194  school zone served by a public school that earned a grade of “F”
  195  or three consecutive grades of “D” pursuant to s. 1008.34 is
  196  identified as lowest performing under s. 1008.33(4)(b), that
  197  charter school’s grade may shall not be considered in
  198  determining high-performing charter school system status if it
  199  attains and maintains a school grade that is higher than that of
  200  the public school serving that school zone within 3 years after
  201  establishment; and
  202         3. Has not received a financial audit that revealed one or
  203  more of the financial emergency conditions set forth in s.
  204  218.503(1) for any charter school assumed or established by the
  205  entity.
  206         Section 4. Paragraph (a) of subsection (2) of section
  207  1002.38, Florida Statutes, is amended to read:
  208         1002.38 Opportunity Scholarship Program.—
  209         (2) OPPORTUNITY SCHOLARSHIP ELIGIBILITY.—
  210         (a) For purposes of this section, a school’s grade shall be
  211  based upon statewide assessments administered pursuant to s.
  212  1008.22. A public school student’s parent may request and
  213  receive an opportunity scholarship for the student to enroll in
  214  and attend a public school in accordance with the provisions of
  215  this section if:
  216         1. By assigned school attendance area or by special
  217  assignment, the student has spent the prior school year in
  218  attendance at a public school that has earned a grade of “F” or
  219  three consecutive grades of “D” pursuant to s. 1008.34 been
  220  designated as performance grade category “D” or “F” and that is
  221  in one of the two lowest-performing categories pursuant to s.
  222  1008.33, and the student’s attendance occurred during a school
  223  year in which such designation was in effect;
  224         2. The student has been in attendance elsewhere in the
  225  public school system and has been assigned to such school for
  226  the next school year; or
  227         3. The student has been notified that he or she has been
  228  assigned to such school for the next school year.
  229         Section 5. Subsections (3) and (7) and paragraph (a) of
  230  subsection (8) of section 1008.22, Florida Statutes, are amended
  231  to read:
  232         1008.22 Student assessment program for public schools.—
  233         (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
  234  design and implement a statewide program of educational
  235  assessment that provides information for the improvement of the
  236  operation and management of the public schools, including
  237  schools operating for the purpose of providing educational
  238  services to youth in Department of Juvenile Justice programs.
  239  The commissioner may enter into contracts for the continued
  240  administration of the assessment, testing, and evaluation
  241  programs authorized and funded by the Legislature. Contracts may
  242  be initiated in 1 fiscal year and continue into the next and may
  243  be paid from the appropriations of either or both fiscal years.
  244  The commissioner is authorized to negotiate for the sale or
  245  lease of tests, scoring protocols, test scoring services, and
  246  related materials developed pursuant to law. Pursuant to the
  247  statewide assessment program, the commissioner shall:
  248         (a) Submit proposed Next Generation Sunshine State
  249  Standards to the State Board of Education for adoption and
  250  periodic review and revision under s. 1003.41.
  251         (b) Develop and implement a uniform system of indicators to
  252  describe the performance of public school students and the
  253  characteristics of the public school districts and the public
  254  schools. These indicators must include, without limitation,
  255  information gathered by the comprehensive management information
  256  system created pursuant to s. 1008.385 and student achievement
  257  information obtained pursuant to this section.
  258         (c) Develop and implement a student achievement assessment
  259  testing program as follows:
  260         1. The Florida Comprehensive Assessment Test (FCAT)
  261  measures a student’s content knowledge and skills in reading,
  262  writing, science, and mathematics. The content knowledge and
  263  skills assessed by the FCAT must be aligned to the core
  264  curricular content established in the Next Generation Sunshine
  265  State Standards. FCAT Other content areas may be included as
  266  directed by the commissioner. Comprehensive assessments of
  267  Reading and FCAT Mathematics shall be administered annually in
  268  grades 3 through 10 except, beginning with the 2010-2011 school
  269  year, the administration of grade 9 FCAT Mathematics shall be
  270  discontinued, and beginning with the 2011-2012 school year, the
  271  administration of grade 10 FCAT Mathematics shall be
  272  discontinued, except as required for students who have not
  273  attained minimum performance expectations for graduation as
  274  provided in paragraph (9)(c). FCAT Writing and FCAT Science
  275  shall be administered at least once at the elementary, middle,
  276  and high school levels except, beginning with the 2011-2012
  277  school year, the administration of FCAT Science at the high
  278  school level shall be discontinued. Students enrolled in an
  279  Algebra I, geometry, or Biology I course or an equivalent course
  280  with a statewide, standardized end-of-course assessment are not
  281  required to take the corresponding grade-level FCAT assessment.
  282         2.a. End-of-course assessments for a subject shall be
  283  administered in addition to the comprehensive assessments
  284  required under subparagraph 1. End-of-course assessments must be
  285  rigorous, statewide, standardized, and developed or approved by
  286  the department. The content knowledge and skills assessed by
  287  end-of-course assessments must be aligned to the core curricular
  288  content established in the Next Generation Sunshine State
  289  Standards.
  290         (I) Statewide, standardized end-of-course assessments in
  291  mathematics shall be administered according to this sub-sub
  292  subparagraph. Beginning with the 2010-2011 school year, all
  293  students enrolled in Algebra I or an equivalent course must take
  294  the Algebra I end-of-course assessment. For students entering
  295  grade 9 during the 2010-2011 school year and who are enrolled in
  296  Algebra I or an equivalent, each student’s performance on the
  297  end-of-course assessment in Algebra I shall constitute 30
  298  percent of the student’s final course grade. Beginning with
  299  students entering grade 9 in the 2011-2012 school year, a
  300  student who is enrolled in Algebra I or an equivalent must earn
  301  a passing score on the end-of-course assessment in Algebra I or
  302  attain an equivalent score as described in subsection (11) in
  303  order to earn course credit. Beginning with the 2011-2012 school
  304  year, all students enrolled in geometry or an equivalent course
  305  must take the geometry end-of-course assessment. For students
  306  entering grade 9 during the 2011-2012 school year, each
  307  student’s performance on the end-of-course assessment in
  308  geometry shall constitute 30 percent of the student’s final
  309  course grade. Beginning with students entering grade 9 during
  310  the 2012-2013 school year, a student must earn a passing score
  311  on the end-of-course assessment in geometry or attain an
  312  equivalent score as described in subsection (11) in order to
  313  earn course credit.
  314         (II) Statewide, standardized end-of-course assessments in
  315  science shall be administered according to this sub-sub
  316  subparagraph. Beginning with the 2011-2012 school year, all
  317  students enrolled in Biology I or an equivalent course must take
  318  the Biology I end-of-course assessment. For the 2011-2012 school
  319  year, each student’s performance on the end-of-course assessment
  320  in Biology I shall constitute 30 percent of the student’s final
  321  course grade. Beginning with students entering grade 9 during
  322  the 2012-2013 school year, a student must earn a passing score
  323  on the end-of-course assessment in Biology I in order to earn
  324  course credit.
  325         b. During the 2012-2013 school year, an end-of-course
  326  assessment in civics education shall be administered as a field
  327  test at the middle school level. During the 2013-2014 school
  328  year, each student’s performance on the statewide, standardized
  329  end-of-course assessment in civics education shall constitute 30
  330  percent of the student’s final course grade. Beginning with the
  331  2014-2015 school year, a student must earn a passing score on
  332  the end-of-course assessment in civics education in order to
  333  pass the course and be promoted from the middle grades. The
  334  school principal of a middle school shall determine, in
  335  accordance with State Board of Education rule, whether a student
  336  who transfers to the middle school and who has successfully
  337  completed a civics education course at the student’s previous
  338  school must take an end-of-course assessment in civics
  339  education.
  340         c. The commissioner may select one or more nationally
  341  developed comprehensive examinations, which may include, but
  342  need not be limited to, examinations for a College Board
  343  Advanced Placement course, International Baccalaureate course,
  344  or Advanced International Certificate of Education course, or
  345  industry-approved examinations to earn national industry
  346  certifications identified in the Industry Certification Funding
  347  List, pursuant to rules adopted by the State Board of Education,
  348  for use as end-of-course assessments under this paragraph, if
  349  the commissioner determines that the content knowledge and
  350  skills assessed by the examinations meet or exceed the grade
  351  level expectations for the core curricular content established
  352  for the course in the Next Generation Sunshine State Standards.
  353  The commissioner may collaborate with the American Diploma
  354  Project in the adoption or development of rigorous end-of-course
  355  assessments that are aligned to the Next Generation Sunshine
  356  State Standards.
  357         d. Contingent upon funding provided in the General
  358  Appropriations Act, including the appropriation of funds
  359  received through federal grants, the Commissioner of Education
  360  shall establish an implementation schedule for the development
  361  and administration of additional statewide, standardized end-of
  362  course assessments in English/Language Arts II, Algebra II,
  363  chemistry, physics, earth/space science, United States history,
  364  and world history. Priority shall be given to the development of
  365  end-of-course assessments in English/Language Arts II. The
  366  Commissioner of Education shall evaluate the feasibility and
  367  effect of transitioning from the grade 9 and grade 10 FCAT
  368  Reading and high school level FCAT Writing to an end-of-course
  369  assessment in English/Language Arts II. The commissioner shall
  370  report the results of the evaluation to the President of the
  371  Senate and the Speaker of the House of Representatives no later
  372  than July 1, 2011.
  373         3. The assessment testing program shall measure student
  374  content knowledge and skills adopted by the State Board of
  375  Education as specified in paragraph (a) and measure and report
  376  student performance levels of all students assessed in reading,
  377  writing, mathematics, and science. The commissioner shall
  378  provide for the tests to be developed or obtained, as
  379  appropriate, through contracts and project agreements with
  380  private vendors, public vendors, public agencies, postsecondary
  381  educational institutions, or school districts. The commissioner
  382  shall obtain input with respect to the design and implementation
  383  of the assessment testing program from state educators,
  384  assistive technology experts, and the public.
  385         4. The assessment testing program shall be composed of
  386  criterion-referenced tests that shall, to the extent determined
  387  by the commissioner, include test items that require the student
  388  to produce information or perform tasks in such a way that the
  389  core content knowledge and skills he or she uses can be
  390  measured.
  391         5. FCAT Reading, Mathematics, and Science and all
  392  statewide, standardized end-of-course assessments shall measure
  393  the content knowledge and skills a student has attained on the
  394  assessment by the use of scaled scores and achievement levels.
  395  Achievement levels shall range from 1 through 5, with level 1
  396  being the lowest achievement level, level 5 being the highest
  397  achievement level, and level 3 indicating satisfactory
  398  performance on an assessment. For purposes of FCAT Writing,
  399  student achievement shall be scored using a scale of 1 through 6
  400  and the score earned shall be used in calculating school grades.
  401  A score shall be designated for each subject area tested, below
  402  which score a student’s performance is deemed inadequate. The
  403  school districts shall provide appropriate remedial instruction
  404  to students who score below these levels.
  405         6. The State Board of Education shall, by rule, designate a
  406  passing score for each part of the grade 10 assessment test and
  407  end-of-course assessments. Any rule that has the effect of
  408  raising the required passing scores may apply only to students
  409  taking the assessment for the first time after the rule is
  410  adopted by the State Board of Education. Except as otherwise
  411  provided in this subparagraph and as provided in s.
  412  1003.428(8)(b) or s. 1003.43(11)(b), students must earn a
  413  passing score on grade 10 FCAT Reading and grade 10 FCAT
  414  Mathematics or attain concordant scores as described in
  415  subsection (10) in order to qualify for a standard high school
  416  diploma.
  417         7. In addition to designating a passing score under
  418  subparagraph 6., the State Board of Education shall also
  419  designate, by rule, a score for each statewide, standardized
  420  end-of-course assessment which indicates that a student is high
  421  achieving and has the potential to meet college-readiness
  422  standards by the time the student graduates from high school.
  423         8. Participation in the assessment testing program is
  424  mandatory for all students attending public school, including
  425  students served in Department of Juvenile Justice programs,
  426  except as otherwise prescribed by the commissioner. A student
  427  who has not earned passing scores on the grade 10 FCAT as
  428  provided in subparagraph 6. must participate in each retake of
  429  the assessment until the student earns passing scores or
  430  achieves scores on a standardized assessment which are
  431  concordant with passing scores pursuant to subsection (10). If a
  432  student does not participate in the statewide assessment, the
  433  district must notify the student’s parent and provide the parent
  434  with information regarding the implications of such
  435  nonparticipation. A parent must provide signed consent for a
  436  student to receive classroom instructional accommodations that
  437  would not be available or permitted on the statewide assessments
  438  and must acknowledge in writing that he or she understands the
  439  implications of such instructional accommodations. The State
  440  Board of Education shall adopt rules, based upon recommendations
  441  of the commissioner, for the provision of test accommodations
  442  for students in exceptional education programs and for students
  443  who have limited English proficiency. Accommodations that negate
  444  the validity of a statewide assessment are not allowable in the
  445  administration of the FCAT or an end-of-course assessment.
  446  However, instructional accommodations are allowable in the
  447  classroom if included in a student’s individual education plan.
  448  Students using instructional accommodations in the classroom
  449  that are not allowable as accommodations on the FCAT or an end
  450  of-course assessment may have the FCAT or an end-of-course
  451  assessment requirement waived pursuant to the requirements of s.
  452  1003.428(8)(b) or s. 1003.43(11)(b).
  453         9. A student seeking an adult high school diploma must meet
  454  the same testing requirements that a regular high school student
  455  must meet.
  456         10. District school boards must provide instruction to
  457  prepare students in the core curricular content established in
  458  the Next Generation Sunshine State Standards adopted under s.
  459  1003.41, including the core content knowledge and skills
  460  necessary for successful grade-to-grade progression and high
  461  school graduation. If a student is provided with instructional
  462  accommodations in the classroom that are not allowable as
  463  accommodations in the statewide assessment program, as described
  464  in the test manuals, the district must inform the parent in
  465  writing and must provide the parent with information regarding
  466  the impact on the student’s ability to meet expected performance
  467  levels in reading, writing, mathematics, and science. The
  468  commissioner shall conduct studies as necessary to verify that
  469  the required core curricular content is part of the district
  470  instructional programs.
  471         11. District school boards must provide opportunities for
  472  students to demonstrate an acceptable performance level on an
  473  alternative standardized assessment approved by the State Board
  474  of Education following enrollment in summer academies.
  475         12. The Department of Education must develop, or select,
  476  and implement a common battery of assessment tools that will be
  477  used in all juvenile justice programs in the state. These tools
  478  must accurately measure the core curricular content established
  479  in the Next Generation Sunshine State Standards.
  480         13. For students seeking a special diploma pursuant to s.
  481  1003.438, the Department of Education must develop or select and
  482  implement an alternate assessment tool that accurately measures
  483  the core curricular content established in the Next Generation
  484  Sunshine State Standards for students with disabilities under s.
  485  1003.438.
  486         14. The Commissioner of Education shall establish schedules
  487  for the administration of statewide assessments and the
  488  reporting of student test results. When establishing the
  489  schedules for the administration of statewide assessments, the
  490  commissioner shall consider the observance of religious and
  491  school holidays. The commissioner shall, by August 1 of each
  492  year, notify each school district in writing and publish on the
  493  department’s Internet website the testing and reporting
  494  schedules for, at a minimum, the school year following the
  495  upcoming school year. The testing and reporting schedules shall
  496  require that:
  497         a. There is the latest possible administration of statewide
  498  assessments and the earliest possible reporting to the school
  499  districts of student test results which is feasible within
  500  available technology and specific appropriations; however, test
  501  results for the FCAT must be made available no later than the
  502  week of June 8. Student results for end-of-course assessments
  503  must be provided no later than 1 week after the school district
  504  completes testing for each course. The commissioner may extend
  505  the reporting schedule under exigent circumstances.
  506         b. FCAT Writing may not be administered earlier than the
  507  week of March 1, and a comprehensive statewide assessment of any
  508  other subject may not be administered earlier than the week of
  509  April 15.
  510         c. A statewide, standardized end-of-course assessment is
  511  administered at the end of the course. The commissioner shall
  512  select an administration period for assessments that meets the
  513  intent of end-of-course assessments and provides student results
  514  prior to the end of the course. School districts shall
  515  administer tests in accordance with the schedule determined by
  516  the commissioner. For an end-of-course assessment administered
  517  at the end of the first semester, the commissioner shall
  518  determine the most appropriate testing dates based on a review
  519  of each school district’s academic calendar.
  520  
  521  The commissioner may, based on collaboration and input from
  522  school districts, design and implement student testing programs,
  523  for any grade level and subject area, necessary to effectively
  524  monitor educational achievement in the state, including the
  525  measurement of educational achievement of the Next Generation
  526  Sunshine State Standards for students with disabilities.
  527  Development and refinement of assessments shall include
  528  universal design principles and accessibility standards that
  529  will prevent any unintended obstacles for students with
  530  disabilities while ensuring the validity and reliability of the
  531  test. These principles should be applicable to all technology
  532  platforms and assistive devices available for the assessments.
  533  The field testing process and psychometric analyses for the
  534  statewide assessment program must include an appropriate
  535  percentage of students with disabilities and an evaluation or
  536  determination of the effect of test items on such students.
  537         (d) Conduct ongoing research to develop improved methods of
  538  assessing student performance, including, without limitation,
  539  the use of technology to administer tests, score, or report the
  540  results of, the use of electronic transfer of data, the
  541  development of work-product assessments, and the development of
  542  process assessments.
  543         (e) Conduct ongoing research and analysis of student
  544  achievement data, including, without limitation, monitoring
  545  trends in student achievement by grade level and overall student
  546  achievement, identifying school programs that are successful,
  547  and analyzing correlates of school achievement.
  548         (f) Provide technical assistance to school districts in the
  549  implementation of state and district testing programs and the
  550  use of the data produced pursuant to such programs.
  551         (g) Beginning with the 2014-2015 school year, require that
  552  all statewide end-of-course assessments shall be administered
  553  online.
  554         (7) REQUIRED ANALYSES.—The commissioner shall provide, at a
  555  minimum, for the following analyses of data produced by the
  556  student achievement assessment testing program:
  557         (a) The statistical system for the annual assessments shall
  558  use measures of student learning, such as the FCAT, to determine
  559  teacher, school, and school district statistical distributions,
  560  which shall be determined using available data from the FCAT,
  561  and other data collection as deemed appropriate by the
  562  Department of Education, to measure the differences in student
  563  prior year achievement compared to the current year achievement
  564  for the purposes of accountability and recognition.
  565         (b) The statistical system shall provide the best estimates
  566  of teacher, school, and school district effects on student
  567  progress. The approach used by the department shall be approved
  568  by the commissioner before implementation.
  569         (c) The annual assessment testing program shall be
  570  administered to provide for valid statewide comparisons of
  571  learning gains to be made for purposes of accountability and
  572  recognition. District school boards shall not establish school
  573  calendars that jeopardize or limit the valid testing and
  574  comparison of student learning gains.
  575         (8) LOCAL ASSESSMENTS.—
  576         (a) Measurement of the learning gains of students in all
  577  subjects and grade levels other than subjects and grade levels
  578  required for the state student achievement assessment testing
  579  program is the responsibility of the school districts.
  580         Section 6. Section 1008.33, Florida Statutes, is amended to
  581  read:
  582         1008.33 Authority to enforce public school improvement.—
  583         (1) The State Board of Education shall comply with the
  584  federal Elementary and Secondary Education Act (ESEA), 20 U.S.C.
  585  ss. 6301 et seq., and its implementing regulations, and the ESEA
  586  flexibility waiver approved for Florida by the United States
  587  Secretary of Education. The state board of Education is
  588  authorized to adopt rules in compliance with the ESEA and, after
  589  evaluating and determining that the ESEA and its implementing
  590  regulations are consistent with the statements of purpose set
  591  forth in the ESEA (2002), may adopt rules to maintain compliance
  592  with the ESEA and the ESEA flexibility waiver.
  593         (2)(a) Pursuant to subsection (1) and ss. 1008.34,
  594  1008.345, and 1008.385, the State Board of Education shall hold
  595  all school districts and public schools accountable for student
  596  performance. The state board is responsible for a state system
  597  of school improvement and education accountability that assesses
  598  student performance by school, identifies schools in which
  599  students are not making adequate progress toward state
  600  standards, and institutes appropriate measures for enforcing
  601  improvement.
  602         (b) The state system of school improvement and education
  603  accountability must provide for uniform accountability
  604  standards, provide assistance of escalating intensity to low
  605  performing schools, direct support to schools in order to
  606  improve and sustain performance, focus on the performance of
  607  student subgroups, and enhance student performance.
  608         (c) School districts must be held accountable for improving
  609  the academic achievement of all students and for identifying and
  610  turning around low-performing schools.
  611         (3)(a) The academic performance of all students has a
  612  significant effect on the state school system. Pursuant to Art.
  613  IX of the State Constitution, which prescribes the duty of the
  614  State Board of Education to supervise Florida’s public school
  615  system, the state board of Education shall equitably enforce the
  616  accountability requirements of the state school system and may
  617  impose state requirements on school districts in order to
  618  improve the academic performance of all districts, schools, and
  619  students based upon the provisions of the Florida K-20 Education
  620  Code, chapters 1000-1013;, and the federal ESEA Elementary and
  621  Secondary Education Act, 20 U.S.C. ss. 6301 et seq., and its
  622  implementing regulations; and the ESEA flexibility waiver
  623  approved for Florida by the United States Secretary of
  624  Education.
  625         (b) For the purpose of determining whether a public school
  626  requires action to achieve a sufficient level of school
  627  improvement, Beginning with the 2011-2012 2010-2011 school year,
  628  the Department of Education shall annually identify each
  629  categorize a public school in need of intervention and support
  630  to improve student academic performance. All schools earning a
  631  grade of “D” or “F” pursuant to s. 1008.34 are schools in need
  632  of intervention and support in one of six categories based on
  633  the following:
  634         1. A school’s grade based upon statewide assessments
  635  administered pursuant to s. 1008.22; and
  636         2. The level and rate of change in student performance in
  637  the areas of reading and mathematics, disaggregated into student
  638  subgroups as described in the federal Elementary and Secondary
  639  Education Act, 20 U.S.C. s. 6311(b)(2)(C)(v)(II).
  640         (c) The state board shall adopt by rule a differentiated
  641  matrix of intervention and support strategies for assisting
  642  traditional public schools identified under this section and
  643  rules for implementing s. 1002.33(9)(n), relating to charter
  644  schools. Appropriate intervention and support strategies shall
  645  be applied to schools that require action to achieve a
  646  sufficient level of improvement as described in paragraph (b).
  647  The intervention and support strategies must address student
  648  performance and may include, including, but not limited to,
  649  improvement planning, leadership quality improvement, educator
  650  quality improvement, professional development, curriculum
  651  alignment and pacing, and the use of continuous improvement and
  652  monitoring plans and processes. In addition, the state board of
  653  Education may prescribe reporting requirements to review and
  654  monitor the progress of the schools. The rule must define the
  655  intervention and support strategies for school improvement for
  656  schools earning a grade of “D” or “F” and the roles for the
  657  district and department. The rule shall differentiate among
  658  schools earning consecutive grades of “D” or “F,” or a
  659  combination thereof, and provide for more intense monitoring,
  660  intervention, and support strategies for these schools.
  661         (4) The Department of Education shall create a matrix that
  662  reflects intervention and support strategies to address the
  663  particular needs of schools in each category.
  664         (a) Intervention and support strategies shall be applied to
  665  schools based upon the school categorization pursuant to
  666  paragraph (3)(b). The Department of Education shall apply the
  667  most intense intervention strategies to the lowest-performing
  668  schools. For all but the lowest category and “F” schools in the
  669  second lowest category, the intervention and support strategies
  670  shall be administered solely by the districts and the schools.
  671         (b) The lowest-performing schools are schools that are
  672  categorized pursuant to paragraph (3)(b) and have received:
  673         1. A grade of “F” in the most recent school year and in 4
  674  of the last 6 years; or
  675         2. A grade of “D” or “F” in the most recent school year and
  676  meet at least three of the following criteria:
  677         a. The percentage of students who are not proficient in
  678  reading has increased when compared to measurements taken 5
  679  years previously;
  680         b. The percentage of students who are not proficient in
  681  mathematics has increased when compared to measurements taken 5
  682  years previously;
  683         c. At least 65 percent of the school’s students are not
  684  proficient in reading; or
  685         d. At least 65 percent of the school’s students are not
  686  proficient in mathematics.
  687         (4)(5)(a) The state board shall apply the most intense
  688  intervention and support strategies to schools earning a grade
  689  of “F.” In the first full school year after a school is
  690  initially earns a grade of “F,” identified as a school in the
  691  lowest-performing category, the school district must implement
  692  intervention and support strategies prescribed in rule under
  693  paragraph (3)(c), select a turnaround option from those provided
  694  in subparagraphs (b)1.-5., and submit a plan for implementing
  695  the turnaround option to the department for approval by the
  696  state board. Upon approval by the state board, the turnaround
  697  option must be implemented in the following school year.
  698         (b) Except as provided in subsection (5), the turnaround
  699  options available to a school district to address a school that
  700  earns a grade of “F” are a plan, which is subject to approval by
  701  the State Board of Education, for implementing one of the
  702  following options at the beginning of the next school year. The
  703  plan must be implemented unless the school moves from the
  704  lowest-performing category:
  705         1. Convert the school to a district-managed turnaround
  706  school by means that include implementing a turnaround plan
  707  approved by the Commissioner of Education which shall become the
  708  school’s improvement plan;
  709         2. Reassign students to another school and monitor the
  710  progress of each reassigned student;
  711         3. Close the school and reopen the school as one or more
  712  charter schools, each with a governing board that has a
  713  demonstrated record of effectiveness; or
  714         4. Contract with an outside entity that has a demonstrated
  715  record of effectiveness to operate the school; or
  716         5. Implement a hybrid of turnaround options set forth in
  717  subparagraphs 1.-4. or other turnaround models that have a
  718  demonstrated record of effectiveness.
  719         (c) Except for schools required to implement a turnaround
  720  option pursuant to subsection (5), a school earning a grade of
  721  “F” shall have a planning year followed by 2 full school years
  722  to implement the initial turnaround option selected by the
  723  school district and approved by the state board. Implementation
  724  of the turnaround option is no longer required if the school
  725  improves by at least one letter grade.
  726         (d) A school earning a grade of “F” that improves its
  727  letter grade must continue to implement strategies identified in
  728  its school improvement plan pursuant to s. 1001.42(18)(a). The
  729  department must annually review implementation of the school
  730  improvement plan for 3 years to monitor the school’s continued
  731  improvement.
  732         (e)(b) If a school earning a grade of “F” does not improve
  733  by at least one letter grade after 2 full school years of
  734  implementing the turnaround option selected by the school
  735  district under move from the lowest-performing category during
  736  the initial year of implementing one of the options in paragraph
  737  (b) (a), the school district must select a different option and
  738  submit another implementation a plan to the department for,
  739  which is subject to approval by the state board. Implementation
  740  of the approved plan must begin the State Board of Education,
  741  for implementing a different option in paragraph (a) at the
  742  beginning of the next school year following the implementation
  743  period of the existing turnaround option, unless the state board
  744  of Education determines that the school is likely to improve a
  745  letter grade move from the lowest-performing category if
  746  additional time is provided to implement the existing turnaround
  747  option intervention and support strategies. The State Board of
  748  Education shall determine whether a school district may continue
  749  to implement an option beyond 1 year while a school remains in
  750  the lowest-performing category.
  751         (6) In order to advance to a higher category, a school must
  752  make significant progress by improving its school grade and by
  753  increasing student performance in mathematics and reading.
  754  Student performance must be evaluated for each student subgroup
  755  as set forth in paragraph (3)(b).
  756         (5)(7)A school that earns a grade of “F” within 2 years
  757  after raising its grade from a grade of “F” or that earns a
  758  grade of “F” within 2 years after exiting the lowest-performing
  759  category under s. 3, chapter 2009-144, Laws of Florida, must
  760  implement one of the turnaround options in subparagraphs
  761  (4)(b)2.-5. Beginning July 1, 2009, the Department of Education
  762  shall commence its duties under this section.
  763         (6) A school that earns a grade of “D” for 3 consecutive
  764  years must implement the district-managed turnaround option
  765  pursuant to subparagraph (4)(b)1. The school district must
  766  submit an implementation plan to the department for approval by
  767  the state board.
  768         (7) A school classified in the lowest-performing category
  769  under s. 3, chapter 2009-144, Laws of Florida, before July 1,
  770  2012, is not required to continue implementing any turnaround
  771  option unless the school earns a grade of “F” or a third
  772  consecutive “D” for the 2011-2012 school year. A school earning
  773  a grade of “F” or a third consecutive “D” for the 2011-2012
  774  school year may not restart the number of years it has been low
  775  performing by virtue of the 2012 amendments to this section.
  776         (8) By July 1, 2010, The state board of Education shall
  777  adopt rules pursuant to ss. 120.536(1) and 120.54 to administer
  778  this section. The rules shall include timelines for submission
  779  of implementation plans, approval criteria for implementation
  780  plans, and timelines for implementing intervention and support
  781  strategies. The state board shall consult with education
  782  stakeholders in developing the rules.
  783         Section 7. Section 1008.34, Florida Statutes, is amended to
  784  read:
  785         1008.34 School grading system; school report cards;
  786  district grade.—
  787         (1) ANNUAL REPORTS.—The Commissioner of Education shall
  788  prepare annual reports of the results of the statewide
  789  assessment program which describe student achievement in the
  790  state, each district, and each school. The commissioner shall
  791  prescribe the design and content of these reports, which must
  792  include, without limitation, descriptions of the performance of
  793  all schools participating in the assessment program and all of
  794  their major student populations as determined by the
  795  commissioner. The report of Education, and must also include the
  796  percent of students performing at or above grade level and
  797  making a year’s learning growth in a year’s time in reading and
  798  mathematics. the median scores of all eligible students who
  799  scored at or in the lowest 25th percentile of the state in the
  800  previous school year; provided, however, that The provisions of
  801  s. 1002.22 pertaining to student records apply to this section.
  802         (2) SCHOOL GRADES.—The annual report shall identify schools
  803  as having one of the following grades, defined according to
  804  rules of the State Board of Education:
  805         (a) “A,” schools making excellent progress.
  806         (b) “B,” schools making above average progress.
  807         (c) “C,” schools making satisfactory progress.
  808         (d) “D,” schools making less than satisfactory progress.
  809         (e) “F,” schools failing to make adequate progress.
  810  
  811  Each school that earns designated with a grade of “A,making
  812  excellent progress, or improves having improved at least two
  813  letter grades grade levels, shall have greater authority over
  814  the allocation of the school’s total budget generated from the
  815  FEFP, state categoricals, lottery funds, grants, and local
  816  funds, as specified in state board rule. The rule must provide
  817  that the increased budget authority shall remain in effect until
  818  the school’s grade declines.
  819         (3) DESIGNATION OF SCHOOL GRADES.—
  820         (a) Each school that has students who are tested and
  821  included in the school grading system shall receive a school
  822  grade, except as follows:
  823         1. A school shall not receive a school grade if the number
  824  of its students tested and included in the school grading system
  825  is less than the minimum sample size necessary, based on
  826  accepted professional practice, for statistical reliability and
  827  prevention of the unlawful release of personally identifiable
  828  student data under s. 1002.22 or 20 U.S.C. s. 1232g.
  829         2. An alternative school may choose to receive a school
  830  grade under this section or a school improvement rating under s.
  831  1008.341. For charter schools that meet the definition of an
  832  alternative school pursuant to State Board of Education rule,
  833  the decision to receive a school grade is the decision of the
  834  charter school governing board.
  835         3. A school that serves any combination of students in
  836  kindergarten through grade 3 which does not receive a school
  837  grade because its students are not tested and included in the
  838  school grading system shall receive the school grade designation
  839  of a K-3 feeder pattern school identified by the Department of
  840  Education and verified by the school district. A school feeder
  841  pattern exists if at least 60 percent of the students in the
  842  school serving a combination of students in kindergarten through
  843  grade 3 are scheduled to be assigned to the graded school.
  844         (b)1. A school’s grade shall be based on a combination of:
  845         a. Student achievement scores, including achievement as
  846  measured by on all FCAT assessments administered under s.
  847  1008.22(3)(c)1., statewide, standardized end-of-course
  848  assessments administered under s. 1008.22(3)(c)2.a. and b.
  849  1008.22(3)(c)2.a., and achievement scores for students seeking a
  850  special diploma.
  851         b. Student learning gains in reading and mathematics as
  852  measured by FCAT and statewide, standardized end-of-course
  853  assessments, as described in s. 1008.22(3)(c)1. and 2.a.,
  854  including learning gains for students seeking a special diploma,
  855  as measured by an alternate assessment tool, shall be included
  856  not later than the 2009-2010 school year.
  857         c. Improvement of the lowest 25th percentile of students in
  858  the school in reading and mathematics on the FCAT or end-of
  859  course assessments described in s. 1008.22(3)(c)2.a., unless
  860  these students are exhibiting satisfactory performance.
  861         2. Beginning with the 2011-2012 school year, for schools
  862  comprised of middle school grades 6 through 8 or grades 7 and 8,
  863  the school’s grade shall include the performance and
  864  participation of its students enrolled in high school level
  865  courses with end-of-course assessments administered under s.
  866  1008.22(3)(c)2.a. Performance and participation must be weighted
  867  equally. As valid data becomes available, the school grades
  868  shall include the students’ attainment of national industry
  869  certification identified in the Industry Certification Funding
  870  List pursuant to rules adopted by the state board of Education.
  871         3. Beginning with the 2009-2010 school year for schools
  872  comprised of high school grades 9, 10, 11, and 12, or grades 10,
  873  11, and 12, at least 50 percent of the school grade shall be
  874  based on a combination of the factors listed in sub
  875  subparagraphs 1.a.-c. and the remaining percentage 50 percent on
  876  the following factors:
  877         a. The high school graduation rate of the school;
  878         b. As valid data becomes available, the performance and
  879  participation of the school’s students in College Board Advanced
  880  Placement courses, International Baccalaureate courses, dual
  881  enrollment courses, and Advanced International Certificate of
  882  Education courses; and the students’ achievement of national
  883  industry certification identified in the Industry Certification
  884  Funding List, pursuant to rules adopted by the state board of
  885  Education;
  886         c. Postsecondary readiness of all of the school’s on-time
  887  graduates students as measured by the SAT, the ACT, the
  888  Postsecondary Education Readiness Test, or the common placement
  889  test;
  890         d. The high school graduation rate of at-risk students, who
  891  are students scoring who scored at Level 1 or Level 2 or lower
  892  on the grade 8 FCAT Reading and FCAT Mathematics examinations;
  893         e. As valid data becomes available, the performance of the
  894  school’s students on statewide, standardized end-of-course
  895  assessments administered under s. 1008.22(3)(c)2.c. and d.; and
  896         f. The growth or decline in the components listed in sub
  897  subparagraphs a.-e. from year to year.
  898         (c) Student assessment data used in determining school
  899  grades shall include:
  900         1. The aggregate scores of all eligible students enrolled
  901  in the school who have been assessed on the FCAT and statewide,
  902  standardized end-of-course assessments in courses required for
  903  high school graduation, including, beginning with the 2011-2012
  904  2010-2011 school year, the end-of-course assessment in Algebra
  905  I; and beginning with the 2012-2013 2011-2012 school year, the
  906  end-of-course assessments in geometry and Biology I; and
  907  beginning with the 2014-2015 2013-2014 school year, on the
  908  statewide, standardized end-of-course assessment in civics
  909  education at the middle school level.
  910         2. The aggregate scores of all eligible students enrolled
  911  in the school who have been assessed on the FCAT and statewide,
  912  standardized end-of-course assessments as described in s.
  913  1008.22(3)(c)2.a., and who have scored at or in the lowest 25th
  914  percentile of students in the school in reading and mathematics,
  915  unless these students are exhibiting satisfactory performance.
  916         3. The achievement scores and learning gains of eligible
  917  students attending alternative schools that provide dropout
  918  prevention and academic intervention services pursuant to s.
  919  1003.53. The term “eligible students” in this subparagraph does
  920  not include students attending an alternative school who are
  921  subject to district school board policies for expulsion for
  922  repeated or serious offenses, who are in dropout retrieval
  923  programs serving students who have officially been designated as
  924  dropouts, or who are in programs operated or contracted by the
  925  Department of Juvenile Justice. The student performance data for
  926  eligible students identified in this subparagraph shall be
  927  included in the calculation of the home school’s grade. As used
  928  in this subparagraph and s. 1008.341, the term “home school”
  929  means the school to which the student would be assigned if the
  930  student were not assigned to an alternative school. If an
  931  alternative school chooses to be graded under this section,
  932  student performance data for eligible students identified in
  933  this subparagraph shall not be included in the home school’s
  934  grade but shall be included only in the calculation of the
  935  alternative school’s grade. A school district that fails to
  936  assign the FCAT and statewide, standardized end-of-course
  937  assessment as described in s. 1008.22(3)(c)2.a. scores of each
  938  of its students to his or her home school or to the alternative
  939  school that receives a grade shall forfeit Florida School
  940  Recognition Program funds for 1 fiscal year. School districts
  941  must require collaboration between the home school and the
  942  alternative school in order to promote student success. This
  943  collaboration must include an annual discussion between the
  944  principal of the alternative school and the principal of each
  945  student’s home school concerning the most appropriate school
  946  assignment of the student.
  947         4. The achievement scores and learning gains of students
  948  designated as hospital- or homebound. Student assessment data
  949  for students designated as hospital- or homebound shall be
  950  assigned to their home school for the purposes of school grades.
  951  As used in this subparagraph, the term “home school” means the
  952  school to which a student would be assigned if the student were
  953  not assigned to a hospital- or homebound program.
  954         5. For schools comprised of high school grades 9, 10, 11,
  955  and 12, or grades 10, 11, and 12, the data listed in
  956  subparagraphs 1.-3. and the following data as the Department of
  957  Education determines such data are valid and available:
  958         a. The high school graduation rate of the school as
  959  calculated by the department of Education;
  960         b. The participation rate of all eligible students enrolled
  961  in the school and enrolled in College Board Advanced Placement
  962  courses; International Baccalaureate courses; dual enrollment
  963  courses; Advanced International Certificate of Education
  964  courses; and courses or sequences of courses leading to national
  965  industry certification identified in the Industry Certification
  966  Funding List, pursuant to rules adopted by the State Board of
  967  Education;
  968         c. The aggregate scores of all eligible students enrolled
  969  in the school in College Board Advanced Placement courses,
  970  International Baccalaureate courses, and Advanced International
  971  Certificate of Education courses;
  972         d. Earning of college credit by all eligible students
  973  enrolled in the school in dual enrollment programs under s.
  974  1007.271;
  975         e. Earning of a national industry certification identified
  976  in the Industry Certification Funding List, pursuant to rules
  977  adopted by the State Board of Education;
  978         f. The aggregate scores of all eligible students enrolled
  979  in the school in reading, mathematics, and other subjects as
  980  measured by the SAT, the ACT, the Postsecondary Education
  981  Readiness Test, and the common placement test for postsecondary
  982  readiness;
  983         g. The high school graduation rate of all eligible at-risk
  984  students enrolled in the school who scored at Level 2 or lower
  985  on the grade 8 FCAT Reading and FCAT Mathematics examinations;
  986         h. The performance of the school’s students on statewide,
  987  standardized end-of-course assessments administered under s.
  988  1008.22(3)(c)2.c. and d.; and
  989         i. The growth or decline in the data components listed in
  990  sub-subparagraphs a.-h. from year to year.
  991  
  992  The State Board of Education shall adopt appropriate criteria
  993  for each school grade. The criteria must also give added weight
  994  to student achievement in reading. Schools earning designated
  995  with a grade of “C,” making satisfactory progress, shall be
  996  required to demonstrate that adequate progress has been made by
  997  students in the school who are in the lowest 25th percentile in
  998  reading and mathematics on the FCAT and end-of-course
  999  assessments as described in s. 1008.22(3)(c)2.a., unless these
 1000  students are exhibiting satisfactory performance. Beginning with
 1001  the 2009-2010 school year For schools comprised of high school
 1002  grades 9, 10, 11, and 12, or grades 10, 11, and 12, the criteria
 1003  for school grades must also give added weight to the graduation
 1004  rate of all eligible at-risk students, as defined in this
 1005  paragraph. Beginning in the 2009-2010 school year, In order for
 1006  a high school to earn be designated as having a grade of “A,”
 1007  making excellent progress, the school must demonstrate that its
 1008  at-risk students, as defined in this paragraph, in the school
 1009  are making adequate progress.
 1010         (4) SCHOOL IMPROVEMENT RATINGS.—The annual report shall
 1011  identify each school’s performance as having improved, remained
 1012  the same, or declined. This school improvement rating shall be
 1013  based on a comparison of the current year’s and previous year’s
 1014  student and school performance data. A school Schools that
 1015  improves its rating by improve at least one grade level is are
 1016  eligible for school recognition awards pursuant to s. 1008.36.
 1017         (5) SCHOOL REPORT CARD.—The Department of Education shall
 1018  annually develop, in collaboration with the school districts, a
 1019  school report card to be provided by the school district
 1020  delivered to parents within the throughout each school district.
 1021  The report card shall include the school’s grade, information
 1022  regarding school improvement, an explanation of school
 1023  performance as evaluated by the federal Elementary and Secondary
 1024  Education Act (ESEA), 20 U.S.C. ss. 6301 et seq. No Child Left
 1025  Behind Act of 2001, and indicators of return on investment. Each
 1026  school’s report card shall be published annually by the
 1027  department on its website, and the school district shall provide
 1028  the school report card to each parent.
 1029         (6) PERFORMANCE-BASED FUNDING.—The Legislature may factor
 1030  in the performance of schools in calculating any performance
 1031  based funding policy that is provided for annually in the
 1032  General Appropriations Act.
 1033         (7) DISTRICT GRADE.—The annual report required by
 1034  subsection (1) shall include the school district’s grade. A
 1035  school district’s grade shall be calculated using student
 1036  performance and learning gains data on statewide assessments
 1037  used for determining school grades under subparagraph (3)(b)1.
 1038  for each eligible student enrolled for a full school year in the
 1039  district. This calculation methodology captures each eligible
 1040  student in the district who may have transferred among schools
 1041  within the district or is enrolled in a school that does not
 1042  receive a grade district grades, which shall consist of weighted
 1043  district average grades, by level, for all elementary schools,
 1044  middle schools, and high schools in the district. A district’s
 1045  weighted average grade shall be calculated by weighting
 1046  individual school grades determined pursuant to subsection (2)
 1047  by school enrollment.
 1048         (8) RULES.—The State Board of Education shall adopt rules
 1049  under ss. 120.536(1) and 120.54 to administer this section.
 1050         Section 8. Paragraph (d) of subsection (6) and paragraph
 1051  (b) of subsection (7) of section 1008.345, Florida Statutes, are
 1052  amended to read:
 1053         1008.345 Implementation of state system of school
 1054  improvement and education accountability.—
 1055         (6)
 1056         (d) The commissioner shall assign a community assessment
 1057  team to each school district or governing board with a school
 1058  that earned a grade of graded “F” or three consecutive grades of
 1059  “D” pursuant to s. 1008.34 a school in the lowest-performing
 1060  category pursuant to s. 1008.33 to review the school performance
 1061  data and determine causes for the low performance, including the
 1062  role of school, area, and district administrative personnel. The
 1063  community assessment team shall review a high school’s
 1064  graduation rate calculated without GED tests for the past 3
 1065  years, disaggregated by student ethnicity. The team shall make
 1066  recommendations to the school board or the governing board and
 1067  to the State Board of Education which address the causes of the
 1068  school’s low performance and may be incorporated into the school
 1069  improvement plan. The assessment team shall include, but not be
 1070  limited to, a department representative, parents, business
 1071  representatives, educators, representatives of local
 1072  governments, and community activists, and shall represent the
 1073  demographics of the community from which they are appointed.
 1074         (7) As a part of the system of educational accountability,
 1075  the Department of Education shall:
 1076         (b) Administer the statewide assessment testing program
 1077  created by s. 1008.22.
 1078         Section 9. Section 1012.07, Florida Statutes, is amended to
 1079  read:
 1080         1012.07 Identification of critical teacher shortage areas.
 1081  The term “critical teacher shortage area” means high-need
 1082  content areas and high-priority location areas identified by the
 1083  State Board of Education. The State Board of Education shall
 1084  adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to
 1085  annually identify critical teacher shortage areas. The state
 1086  board must consider current and emerging educational
 1087  requirements and workforce demands in determining critical
 1088  teacher shortage areas. School grade levels may also be
 1089  designated critical teacher shortage areas. Individual district
 1090  school boards may identify and submit other critical teacher
 1091  shortage areas. Such submissions must be aligned to current and
 1092  emerging educational requirements and workforce demands in order
 1093  to be approved by the State Board of Education. High-priority
 1094  location areas shall be in high-density, low-economic urban
 1095  schools; low-density, low-economic rural schools; and schools
 1096  that earned a grade of “F” or three consecutive grades of “D”
 1097  pursuant to s. 1008.34 identified as lowest performing under s.
 1098  1008.33 (4)(b).
 1099         Section 10. Paragraph (c) of subsection (1) of section
 1100  1012.22, Florida Statutes, is amended to read:
 1101         1012.22 Public school personnel; powers and duties of the
 1102  district school board.—The district school board shall:
 1103         (1) Designate positions to be filled, prescribe
 1104  qualifications for those positions, and provide for the
 1105  appointment, compensation, promotion, suspension, and dismissal
 1106  of employees as follows, subject to the requirements of this
 1107  chapter:
 1108         (c) Compensation and salary schedules.—
 1109         1. Definitions.—As used in this paragraph:
 1110         a. “Adjustment” means an addition to the base salary
 1111  schedule that is not a bonus and becomes part of the employee’s
 1112  permanent base salary and shall be considered compensation under
 1113  s. 121.021(22).
 1114         b. “Grandfathered salary schedule” means the salary
 1115  schedule or schedules adopted by a district school board before
 1116  July 1, 2014, pursuant to subparagraph 4.
 1117         c. “Instructional personnel” means instructional personnel
 1118  as defined in s. 1012.01(2)(a)-(d), excluding substitute
 1119  teachers.
 1120         d. “Performance salary schedule” means the salary schedule
 1121  or schedules adopted by a district school board pursuant to
 1122  subparagraph 5.
 1123         e. “Salary schedule” means the schedule or schedules used
 1124  to provide the base salary for district school board personnel.
 1125         f. “School administrator” means a school administrator as
 1126  defined in s. 1012.01(3)(c).
 1127         g. “Supplement” means an annual addition to the base salary
 1128  for the term of the negotiated supplement as long as the
 1129  employee continues his or her employment for the purpose of the
 1130  supplement. A supplement does not become part of the employee’s
 1131  continuing base salary but shall be considered compensation
 1132  under s. 121.021(22).
 1133         2. Cost-of-living adjustment.—A district school board may
 1134  provide a cost-of-living salary adjustment if the adjustment:
 1135         a. Does not discriminate among comparable classes of
 1136  employees based upon the salary schedule under which they are
 1137  compensated.
 1138         b. Does not exceed 50 percent of the annual adjustment
 1139  provided to instructional personnel rated as effective.
 1140         3. Advanced degrees.—A district school board may not use
 1141  advanced degrees in setting a salary schedule for instructional
 1142  personnel or school administrators hired on or after July 1,
 1143  2011, unless the advanced degree is held in the individual’s
 1144  area of certification and is only a salary supplement.
 1145         4. Grandfathered salary schedule.—
 1146         a. The district school board shall adopt a salary schedule
 1147  or salary schedules to be used as the basis for paying all
 1148  school employees hired before July 1, 2014. Instructional
 1149  personnel on annual contract as of July 1, 2014, shall be placed
 1150  on the performance salary schedule adopted under subparagraph 5.
 1151  Instructional personnel on continuing contract or professional
 1152  service contract may opt into the performance salary schedule if
 1153  the employee relinquishes such contract and agrees to be
 1154  employed on an annual contract under s. 1012.335. Such an
 1155  employee shall be placed on the performance salary schedule and
 1156  may not return to continuing contract or professional service
 1157  contract status. Any employee who opts into the performance
 1158  salary schedule may not return to the grandfathered salary
 1159  schedule.
 1160         b. In determining the grandfathered salary schedule for
 1161  instructional personnel, a district school board must base a
 1162  portion of each employee’s compensation upon performance
 1163  demonstrated under s. 1012.34 and shall provide differentiated
 1164  pay for both instructional personnel and school administrators
 1165  based upon district-determined factors, including, but not
 1166  limited to, additional responsibilities, school demographics,
 1167  critical shortage areas, and level of job performance
 1168  difficulties.
 1169         5. Performance salary schedule.—By July 1, 2014, the
 1170  district school board shall adopt a performance salary schedule
 1171  that provides annual salary adjustments for instructional
 1172  personnel and school administrators based upon performance
 1173  determined under s. 1012.34. Employees hired on or after July 1,
 1174  2014, or employees who choose to move from the grandfathered
 1175  salary schedule to the performance salary schedule shall be
 1176  compensated pursuant to the performance salary schedule once
 1177  they have received the appropriate performance evaluation for
 1178  this purpose. However, a classroom teacher whose performance
 1179  evaluation utilizes student learning growth measures established
 1180  under s. 1012.34(7)(e) shall remain under the grandfathered
 1181  salary schedule until his or her teaching assignment changes to
 1182  a subject for which there is an assessment or the school
 1183  district establishes equally appropriate measures of student
 1184  learning growth as defined under s. 1012.34 and rules of the
 1185  State Board of Education.
 1186         a. Base salary.—The base salary shall be established as
 1187  follows:
 1188         (I) The base salary for instructional personnel or school
 1189  administrators who opt into the performance salary schedule
 1190  shall be the salary paid in the prior year, including
 1191  adjustments only.
 1192         (II) Beginning July 1, 2014, instructional personnel or
 1193  school administrators new to the district, returning to the
 1194  district after a break in service without an authorized leave of
 1195  absence, or appointed for the first time to a position in the
 1196  district in the capacity of instructional personnel or school
 1197  administrator shall be placed on the performance salary
 1198  schedule.
 1199         b. Salary adjustments.—Salary adjustments for highly
 1200  effective or effective performance shall be established as
 1201  follows:
 1202         (I) The annual salary adjustment under the performance
 1203  salary schedule for an employee rated as highly effective must
 1204  be greater than the highest annual salary adjustment available
 1205  to an employee of the same classification through any other
 1206  salary schedule adopted by the district.
 1207         (II) The annual salary adjustment under the performance
 1208  salary schedule for an employee rated as effective must be equal
 1209  to at least 50 percent and no more than 75 percent of the annual
 1210  adjustment provided for a highly effective employee of the same
 1211  classification.
 1212         (III) The performance salary schedule shall not provide an
 1213  annual salary adjustment for an employee who receives a rating
 1214  other than highly effective or effective for the year.
 1215         c. Salary supplements.—In addition to the salary
 1216  adjustments, each district school board shall provide for salary
 1217  supplements for activities that must include, but are not
 1218  limited to:
 1219         (I) Assignment to a Title I eligible school.
 1220         (II) Assignment to a school that earned a grade of “F” or
 1221  three consecutive grades of “D” pursuant to s. 1008.34 in the
 1222  bottom two categories of the school improvement system under s.
 1223  1008.33 such that the supplement remains in force for at least 1
 1224  year following improved performance in that school.
 1225         (III) Certification and teaching in critical teacher
 1226  shortage areas. Statewide critical teacher shortage areas shall
 1227  be identified by the State Board of Education under s. 1012.07.
 1228  However, the district school board may identify other areas of
 1229  critical shortage within the school district for purposes of
 1230  this sub-sub-subparagraph and may remove areas identified by the
 1231  state board which do not apply within the school district.
 1232         (IV) Assignment of additional academic responsibilities.
 1233  
 1234  If budget constraints in any given year limit a district school
 1235  board’s ability to fully fund all adopted salary schedules, the
 1236  performance salary schedule shall not be reduced on the basis of
 1237  total cost or the value of individual awards in a manner that is
 1238  proportionally greater than reductions to any other salary
 1239  schedules adopted by the district.
 1240         Section 11. Subsection (2) of section 1012.2315, Florida
 1241  Statutes, is amended to read:
 1242         1012.2315 Assignment of teachers.—
 1243         (2) ASSIGNMENT TO SCHOOLS GRADED “D” or “F” CATEGORIZED AS
 1244  IN NEED OF IMPROVEMENT.—School districts may not assign a higher
 1245  percentage than the school district average of temporarily
 1246  certified teachers, teachers in need of improvement, or out-of
 1247  field teachers to schools graded “D” or “F” pursuant to s.
 1248  1008.34 in one of the three lowest-performing categories under
 1249  s. 1008.33(3)(b). Each school district shall annually certify to
 1250  the Commissioner of Education that this requirement has been
 1251  met. If the commissioner determines that a school district is
 1252  not in compliance with this subsection, the State Board of
 1253  Education shall be notified and shall take action pursuant to s.
 1254  1008.32 in the next regularly scheduled meeting to require
 1255  compliance.
 1256         Section 12. This act shall take effect July 1, 2012.
 1257  
 1258  ================= T I T L E  A M E N D M E N T ================
 1259         And the title is amended as follows:
 1260         Delete everything before the enacting clause
 1261  and insert:
 1262                        A bill to be entitled                      
 1263         An act relating to school improvement and education
 1264         accountability; amending s. 1001.42, F.S.; requiring a
 1265         school improvement plan to include strategies for
 1266         improving student achievement under certain
 1267         circumstances; revising provisions relating to
 1268         eligibility for an opportunity scholarship; amending
 1269         s. 1002.33, F.S.; revising provisions requiring a
 1270         charter school to implement a school improvement plan
 1271         to raise student achievement; revising corrective
 1272         actions to be selected and implemented by a charter
 1273         school; providing requirements for implementation of
 1274         corrective actions and intervention and support
 1275         strategies identified in a school improvement plan;
 1276         providing for termination of a charter school not
 1277         making continuous improvement unless it meets
 1278         specified criteria; amending s. 1002.332, F.S.;
 1279         conforming provisions; amending s. 1002.38, F.S.;
 1280         revising provisions relating to eligibility for an
 1281         opportunity scholarship; amending s. 1008.22, F.S.;
 1282         revising provisions relating to the statewide student
 1283         assessment program; providing that certain end-of
 1284         course assessments replace corresponding FCAT
 1285         assessments; amending s. 1008.33, F.S.; revising
 1286         provisions relating to the State Board of Education’s
 1287         authority to enforce public school improvement;
 1288         requiring the state board to comply with the federal
 1289         flexibility waiver approved by the United States
 1290         Secretary of Education; requiring the Department of
 1291         Education to annually identify each school in need of
 1292         intervention and support to improve student academic
 1293         performance, basing the need for intervention and
 1294         support on school grades; providing requirements for
 1295         state board rules for intervention and support
 1296         strategies for school improvement; deleting department
 1297         duties relating to the categorization of low
 1298         performing schools; providing state board, school
 1299         district, and school requirements for implementing
 1300         strategies and turnaround options to improve school
 1301         performance; revising turnaround options available to
 1302         a school district and requiring state board approval
 1303         of the option selected for implementation; providing
 1304         certain exceptions; requiring the state board to adopt
 1305         rules relating to plans for implementing turnaround
 1306         options; amending s. 1008.34, F.S.; revising
 1307         provisions relating to the school grading system;
 1308         revising the contents of the annual report of the
 1309         results of the statewide assessment program; revising
 1310         certain criteria upon which school grades are based;
 1311         revising the basis for calculating a school district’s
 1312         grade; amending ss. 1008.345, 1012.07, 1012.22, and
 1313         1012.2315, F.S.; conforming provisions; providing an
 1314         effective date.