Florida Senate - 2013 SB 878
By Senator Galvano
26-00436L-13 2013878__
1 A bill to be entitled
2 An act relating to education accountability; amending
3 s. 1002.22, F.S.; requiring the State Board of
4 Education to notify the Legislature of any major
5 changes in federal law which may affect the state’s K
6 20 education performance accountability system;
7 amending s. 1004.015, F.S.; providing that one of the
8 purposes of the Higher Education Coordinating Council
9 is to facilitate solutions to data issues identified
10 by the Articulation Coordinating Committee to improve
11 the K-20 education performance accountability system;
12 revising the guiding principles for recommendations of
13 the Higher Education Coordinating Council; amending s.
14 1005.22, F.S.; revising the duties of the Commission
15 for Independent Education with regard to collecting
16 and distributing current data regarding institutions
17 licensed by the commission; providing reporting
18 requirements; requiring the commission to annually
19 report the data to the department by a specified date;
20 amending s. 1007.01, F.S.; requiring the Articulation
21 Coordinating Committee to make recommendations related
22 to statewide policies and issues regarding access,
23 quality, and reporting of data maintained by the K-20
24 data warehouse; revising the committee’s duties
25 related to collecting and reporting of statewide
26 education data; amending s. 1008.31, F.S.; revising
27 the legislative intent with regard to the state’s K-20
28 education performance accountability system; requiring
29 the Board of Governors to make available to the
30 Department of Education all data within the State
31 University Database System which is to be integrated
32 into the K-20 data warehouse; requiring the
33 Commissioner of Education to have access to certain
34 data for the added purpose of providing data to
35 organizations and certain authorized representatives;
36 requiring all public educational institutions to
37 annually provide data from the prior year to the K-20
38 data warehouse in a format based on data elements
39 identified by the commissioner; requiring colleges and
40 universities eligible to participate in the William L.
41 Boyd, IV, Florida Resident Access Grant Program to
42 report current data from the prior year for each
43 student who receives state funds in a format
44 prescribed by the Department of Education; providing
45 reporting requirements; requiring these colleges and
46 universities to annually report the data to the
47 department by a specified date; requiring the
48 commissioner to collaborate with the Department of
49 Economic Opportunity to develop procedures for the
50 ability to tie student-level data to student and
51 workforce outcome data contained in the Wage Record
52 Interchange System; requiring the commissioner to
53 improve and streamline by a specified date access to
54 data maintained by the K-20 data warehouse by creating
55 and fully implementing a web-based interface and a
56 self-service, restricted access component of the K-20
57 data warehouse called the “Research Engine”; providing
58 requirements for the Research Engine; providing
59 requirements for a written agreement to access the
60 Research Engine; requiring the adoption of rules and
61 procedures; requiring the Department of Education to
62 share education records of students which may contain
63 students’ personally identifiable information with
64 organizations and authorized representatives pursuant
65 to the studies and audit and evaluation exceptions
66 under the Family Educational Rights and Privacy Act;
67 amending s. 1008.34, F.S.; requiring a school that is
68 eligible to receive a school grade to be a fully
69 functioning, stand-alone school; requiring each
70 district school board to identify schools within
71 schools operating at the same physical location if
72 such schools have different school identification
73 numbers; requiring each district school board to
74 report to the Department of Education the appropriate
75 accountability school type during the department’s
76 annual review of accountability school types;
77 requiring that a school must be reported as the home
78 school and the other schools reported as schools
79 within-a-school if more than one school serving the
80 same grade levels is operating in the same physical
81 location; providing that performance data for students
82 enrolled at schools within schools must be assigned to
83 the reported home school for inclusion in the home
84 school’s grade; providing an effective date.
85
86 Be It Enacted by the Legislature of the State of Florida:
87
88 Section 1. Paragraph (b) of subsection (3) of section
89 1002.22, Florida Statutes, is amended to read:
90 1002.22 Education records and reports of K-12 students;
91 rights of parents and students; notification; penalty.—
92 (3) DUTIES AND RESPONSIBILITIES.—The State Board of
93 Education shall:
94 (b) Monitor the FERPA and notify the Legislature of any
95 significant change to the requirements of the FERPA or other
96 major changes in federal law which may impact this section or s.
97 1008.31.
98 Section 2. Subsection (1) of section 1004.015, Florida
99 Statutes, is amended, and paragraph (f) is added to subsection
100 (3) of that section, to read:
101 1004.015 Higher Education Coordinating Council.—
102 (1) The Higher Education Coordinating Council is created
103 for the purposes of identifying unmet needs; and facilitating
104 solutions to disputes regarding the creation of new degree
105 programs and the establishment of new institutes, campuses, or
106 centers; and facilitating solutions to data issues identified by
107 the Articulation Coordinating Committee pursuant to s. 1007.01
108 to improve the K-20 education performance accountability system.
109 (3) The council shall serve as an advisory board to the
110 Legislature, the State Board of Education, and the Board of
111 Governors. Recommendations of the council shall be consistent
112 with the following guiding principles:
113 (f) To promote adoption by the members of the council a
114 common set of data elements identified by the National Center
115 for Education Statistics to support the effective exchange of
116 data within and across states.
117 Section 3. Paragraph (i) of subsection (1) of section
118 1005.22, Florida Statutes, is amended to read:
119 1005.22 Powers and duties of commission.—
120 (1) The commission shall:
121 (i) Serve as a central agency for collecting and
122 distributing current information regarding institutions licensed
123 by the commission. The commission shall annually collect, and
124 all institutions licensed by the commission shall annually
125 report, student-level data from the prior year for each student
126 who receives state funds, in a format prescribed by the
127 Department of Education. At a minimum, data from the prior year
128 must shall be reported annually and include retention rates,
129 transfer rates, completion rates, graduation rates, employment
130 and placement rates, and earnings of graduates. By December 31,
131 2013, the commission shall report the data for the 2012-2013
132 academic year to the Department of Education. By October 1 of
133 each year thereafter, the commission shall report the data to
134 the department.
135 Section 4. Subsection (3) of section 1007.01, Florida
136 Statutes, is amended to read:
137 1007.01 Articulation; legislative intent; purpose; role of
138 the State Board of Education and the Board of Governors;
139 Articulation Coordinating Committee.—
140 (3) The Commissioner of Education, in consultation with the
141 Chancellor of the State University System, shall establish the
142 Articulation Coordinating Committee which shall make
143 recommendations related to statewide articulation policies and
144 issues regarding access, quality, and reporting of data
145 maintained by the K-20 data warehouse established pursuant to
146 ss. 1001.10 and 1008.31, to the Higher Education Coordination
147 Council, the State Board of Education, and the Board of
148 Governors. The committee shall consist of two members each
149 representing the State University System, the Florida College
150 System, public career and technical education, public K-12
151 education, and nonpublic education and one member representing
152 students. The chair shall be elected from the membership. The
153 committee shall:
154 (a) Monitor the alignment between the exit requirements of
155 one education system and the admissions requirements of another
156 education system into which students typically transfer and make
157 recommendations for improvement.
158 (b) Propose guidelines for interinstitutional agreements
159 between and among public schools, career and technical education
160 centers, Florida College System institutions, state
161 universities, and nonpublic postsecondary institutions.
162 (c) Annually recommend dual enrollment course and high
163 school subject area equivalencies for approval by the State
164 Board of Education and the Board of Governors.
165 (d) Annually review the statewide articulation agreement
166 pursuant to s. 1007.23 and make recommendations for revisions.
167 (e) Annually review the statewide course numbering system,
168 the levels of courses, and the application of transfer credit
169 requirements among public and nonpublic institutions
170 participating in the statewide course numbering system and
171 identify instances of student transfer and admissions
172 difficulties.
173 (f) Annually publish a list of courses that meet common
174 general education and common degree program prerequisite
175 requirements at public postsecondary institutions identified
176 pursuant to s. 1007.25.
177 (g) Foster timely collection and reporting of statewide
178 education data Examine statewide data regarding articulation to
179 identify issues and make recommendations to improve articulation
180 throughout the K-20 education performance accountability system
181 by:.
182 1. Facilitating timely reporting of data by all educational
183 delivery systems to the K-20 data warehouse established pursuant
184 to ss. 1001.10 and 1008.31.
185 2. Facilitating timely reporting of data by the K-20 data
186 warehouse to organizations and authorized representatives
187 pursuant to s. 1008.31.
188 3. Identifying data issues including, but not limited to,
189 data quality and accessibility.
190 (h) Recommend roles and responsibilities of public
191 education entities in interfacing with the single, statewide
192 computer-assisted student advising system established pursuant
193 to s. 1006.73.
194 Section 5. Paragraph (f) is added to subsection (1) of
195 section 1008.31, Florida Statutes, subsection (3) is amended,
196 present subsection (4) is redesignated as subsection (5), and a
197 new subsection (4) is added to that section, to read:
198 1008.31 Florida’s K-20 education performance accountability
199 system; legislative intent; mission, goals, and systemwide
200 measures; data quality improvements.—
201 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
202 that:
203 (f) The Commissioner of Education interpret the Family
204 Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g,
205 in the least restrictive manner possible to allow data linkage
206 across all educational delivery systems and to provide to
207 organizations and authorized representatives pursuant to
208 subsection (4) access to data maintained by the K-20 data
209 warehouse in a manner consistent with ss. 1002.22, 1002.221, and
210 1006.52 and FERPA.
211 (3) K-20 EDUCATION DATA QUALITY IMPROVEMENTS.—To provide
212 data required to implement education performance accountability
213 measures in state and federal law, the commissioner of Education
214 shall initiate and maintain strategies to improve data quality
215 and timeliness. The Board of Governors shall make available to
216 the department all data within the State University Database
217 System to collected from state universities shall, as determined
218 by the commissioner, be integrated into the K-20 data warehouse.
219 The commissioner shall have unlimited access to such data solely
220 for the purposes of conducting studies, reporting annual and
221 longitudinal student outcomes, and improving college readiness
222 and articulation, and providing data to organizations and
223 authorized representatives pursuant to subsection (4). All
224 public educational institutions shall annually provide data from
225 the prior year to the K-20 data warehouse in a format based on
226 data elements identified specified by the commissioner.
227 (a) School districts and public postsecondary educational
228 institutions shall maintain information systems that will
229 provide the State Board of Education, the Board of Governors of
230 the State University System, and the Legislature with
231 information and reports necessary to address the specifications
232 of the accountability system. The level of comprehensiveness and
233 quality must shall be no less than that which was available as
234 of June 30, 2001.
235 (b) Colleges and universities eligible to participate in
236 the William L. Boyd, IV, Florida Resident Access Grant Program
237 shall annually report student-level data from the prior year for
238 each student who receives state funds in a format prescribed by
239 the Department of Education. At a minimum, data from the prior
240 year must shall be reported annually to the department and
241 include retention rates, transfer rates, completion rates,
242 graduation rates, employment and placement rates, and earnings
243 of graduates. By December 31, 2013, the colleges and
244 universities described in this paragraph shall report the data
245 for the 2012-2013 academic year to the department. By October 1
246 of each year thereafter, the colleges and universities described
247 in this paragraph shall report the data to the department.
248 (c) The Commissioner of Education shall determine the
249 standards for the required data, monitor data quality, and
250 measure improvements. The commissioner shall report annually to
251 the State Board of Education, the Board of Governors of the
252 State University System, the President of the Senate, and the
253 Speaker of the House of Representatives data quality indicators
254 and ratings for all school districts and public postsecondary
255 educational institutions.
256 (d) The commissioner shall continuously monitor and review
257 the collection of paperwork, data, and reports by school
258 districts and complete an annual review of such collection by no
259 later than June 1 of each year. The annual review must include
260 recommendations for consolidating paperwork, data, and reports,
261 wherever feasible, in order to reduce the burdens on school
262 districts.
263 (e) By July 1 of each year, the commissioner shall prepare
264 a report assisting the school districts in eliminating or
265 consolidating paperwork, data, and reports by providing
266 suggestions, technical assistance, and guidance.
267 (f) Before establishing any new reporting or data
268 collection requirements, the commissioner of Education shall use
269 utilize existing data being collected to reduce duplication and
270 minimize paperwork.
271 (g) The commissioner shall collaborate with the executive
272 director of the Department of Economic Opportunity to develop
273 procedures for the ability to tie student-level data to student
274 and workforce outcome data contained in the Wage Record
275 Interchange System.
276 (h) By June 30, 2014, the commissioner shall improve and
277 streamline access to data maintained by the K-20 data warehouse
278 by creating and fully implementing:
279 1. A web-based interface for parents, students, teachers,
280 principals, local educational agency leaders, community members,
281 researchers, policymakers, and other constituents which is
282 engaging, informative, and customer-friendly.
283 a. The web-based interface must provide a single location
284 for public access to aggregated data from the K-20 data
285 warehouse which do not contain personally identifiable
286 information or any other information that is confidential
287 pursuant to applicable law.
288 b. Personally identifiable information from education
289 records of students, or any other information that is
290 confidential pursuant to applicable law, must be redacted or
291 aggregated, or the confidentiality otherwise protected by de
292 identification, anonymization, or any combination thereof.
293 2. A self-service, restricted access component of the K-20
294 data warehouse, called the “Research Engine,” which is:
295 a. Restricted to organizations and authorized
296 representatives pursuant to subsection (4). The commissioner
297 shall create a website for organizations and authorized
298 representatives to submit data requests. The website shall
299 generate an automated acknowledgement of each data request. Each
300 acknowledgement of a data request must include a username and
301 password to view the order and status of completion of the data
302 request and a link to the directory of data elements which
303 provides a detailed description of each data element. Within 90
304 days after acknowledging each data request, the department shall
305 provide to organizations or authorized representatives technical
306 assistance regarding the written agreement required under sub
307 subparagraph d. However, organizations and authorized
308 representatives may execute the written agreement with the
309 department at any time after submitting a data request. Data
310 requests must be completed within 90 days after the written
311 agreement is executed, unless the written agreement specifies
312 otherwise.
313 b. Capable of providing access to education records of
314 students which may contain students’ personally identifiable
315 information in the K-20 data warehouse.
316 c. Accessible at the department’s headquarters or by other
317 secure means as agreed upon in writing by the parties.
318 d. Accessible after an organization or an authorized
319 representative executes a written agreement with the
320 commissioner. The written agreement must include, but need not
321 be limited to:
322 (I) Identification of the purpose, scope, and duration of
323 the activity with sufficient specificity to make clear that the
324 activity falls within permissible uses authorized by FERPA and
325 does not further a commercial, trade, or profit interest.
326 (II) Identification of the data elements necessary to
327 complete a study, an audit, or an evaluation. The department
328 shall provide assistance to organizations and authorized
329 representatives regarding selection of data elements to fulfill
330 data requests. Requests for additional data by an organization
331 or an authorized representative may be made by amending the
332 written agreement. The deadline for fulfilling a data request
333 may be adjusted accordingly.
334 (III) Identification of the FERPA exception relied upon to
335 obtain education records of students which may contain students’
336 personally identifiable information.
337 (IV) Requirements regarding procedures for securing data,
338 including, but not limited to, a data security plan. The
339 Department of Education shall reserve the right to conduct
340 security audits or reviews as necessary.
341 (V) Requirements limiting the use of education records of
342 students which contain students’ personally identifiable
343 information to meet only the purpose stated in the written
344 agreement.
345 (VI) Requirements establishing disciplinary policies for
346 organizations and authorized representatives which violate FERPA
347 or the written agreement.
348 (VII) Prohibitions regarding access to or use of education
349 records of students which contain students’ personally
350 identifiable information obtained pursuant to the written
351 agreement by anyone not authorized to have such access or use by
352 the department.
353 (VIII) Requirements regarding destruction of all personally
354 identifiable information from education records of students
355 which are received pursuant to the written agreement and
356 specification of when the information must be destroyed.
357 (IX) Requirements regarding background screening of
358 organizations and authorized representatives.
359 (X) Requirements regarding the assessment of liquidated
360 damages for unauthorized disclosure of education records of
361 students which contain students’ personally identifiable
362 information or for violation of terms and conditions of the
363 written agreement.
364 (XI) Identification of deliverables to be provided by the
365 organization or authorized representative. The deliverables must
366 include, but are not limited to, as appropriate: a copy of the
367 final study, audit, or evaluation; or if no study, audit, or
368 evaluation is completed, a report identifying such with a copy
369 of unfinished research; a copy of reports, publications, papers,
370 theses, or similar documents; and certification by the
371 organization or authorized representative stating the final
372 status of deliverables and confirming compliance with all
373 provisions of the written agreement. The deliverables shall be
374 provided to the department within 1 year after the date of
375 execution of the written agreement, unless the written agreement
376 specifies otherwise. The Commissioner of Education may assess
377 liquidated damages specified in the written agreement if all
378 deliverables are not timely provided to the Department of
379 Education.
380 (XII) Requirements regarding maintaining the
381 confidentiality of any information that is exempt from s.
382 119.071(1) and s. 24(a), Art. I of the State Constitution, or
383 that is otherwise made confidential by state or federal law.
384 (XIII) Requirements regarding a service charge identified
385 in sub-subparagraph e.
386
387 The Department of Education shall develop and the State Board of
388 Education shall adopt rules regarding the written agreement.
389 e. Funded by creating and implementing a pricing structure
390 that is self-sustainable with the goal that the service charge
391 for use of the Research Engine recovers actual costs to fulfill
392 a data request. The commissioner may waive or reduce the service
393 charge for fulfilling a data request. Funds collected from the
394 service charge shall be deposited into the Operating Trust Fund.
395 The department shall develop and the State Board of Education
396 shall adopt rules regarding the service charge.
397 f. Linked to a list of organizations and authorized
398 representatives that obtain data from the Research Engine on the
399 web-based interface in subparagraph 1. The list must include,
400 but need not be limited to, the date of receipt of each data
401 request, response time to address each data request, and current
402 status of each data request. The department shall continually
403 update the list and maintain a copy of reports prepared and
404 submitted by the organizations and authorized representatives.
405
406 The department shall adopt procedures to implement the web-based
407 interface and the Research Engine established pursuant to this
408 subsection.
409 (4) ACCESS TO THE K-20 DATA WAREHOUSE.—Pursuant to the
410 studies exception under FERPA, and the federal regulations
411 issued pursuant thereto, specifically, including, but not
412 limited to, organizations conducting studies for, or on behalf
413 of, educational agencies and institutions as provided in 34
414 C.F.R. 99.31(a)(6), shall be given access to data maintained by
415 the K-20 data warehouse in a manner consistent with ss. 1002.22,
416 1002.221, and 1006.52 and FERPA. Pursuant to the audit or
417 evaluation exception under FERPA, specifically including, but
418 not limited to, authorized representatives conducting an audit
419 or an evaluation of a Federal- or state-supported education
420 program as provided in 34 C.F.R. 99.31(a)(3), shall be given
421 access to the data maintained by the K-20 data warehouse in a
422 manner consistent with ss. 1002.22, 1002.221, and 1006.52 and
423 FERPA.
424 (a) Requests by organizations or authorized representatives
425 for access to education records of students which may contain
426 students’ personally identifiable information, with the
427 exception of requests from the Executive Office of the Governor,
428 the Florida Legislature, the Florida Auditor General, and the
429 Office of Program Policy Analysis and Government Accountability,
430 shall be submitted through the Research Engine established
431 pursuant to subparagraph (3)(h)2. Access to the Research Engine
432 is not conditioned upon or limited to studies, audits, or
433 evaluations that support the research agenda, interests, or
434 priorities of the State Board of Education, the commissioner, or
435 the department.
436 (b) Authorized representatives include, but are not limited
437 to, the Executive Office of the Governor, the Florida
438 Legislature, the Florida Auditor General, the Office of Program
439 Policy Analysis and Government Accountability, the Florida
440 district school boards, Florida College System institutions, and
441 Florida state universities.
442 (c) Requests for data from the Executive Office of the
443 Governor, the Florida Legislature, the Florida Auditor General,
444 and the Office of Program Policy Analysis and Government
445 Accountability, shall be given a priority over other data
446 requests and shall be provided free of charge.
447 Section 6. Present subsections (3) through (8) of section
448 1008.34, Florida Statutes, are redesignated as subsections (4)
449 through (9), respectively, a new subsection (3) is added, and
450 present subsection (3) is amended to read:
451 1008.34 School grading system; school report cards;
452 district grade.—
453 (3) SCHOOLS FOR ACCOUNTABILITY PURPOSES AND SCHOOLS WITHIN
454 SCHOOLS.—A school that is eligible to receive a school grade
455 must be a fully functioning, stand-alone school that provides
456 for the education of each of the students served. Each district
457 must annually identify each school-within-a-school operating at
458 the same physical location if those schools have different
459 school identification numbers. For accountability purposes, each
460 district shall report to the Department of Education the
461 appropriate accountability school type for these schools during
462 the department’s annual review of accountability school types.
463 If more than one school is serving the same grade levels and
464 operating in the same location, one of the schools must be
465 reported as the home school and each other school reported as a
466 school-within-a-school. Performance data for students enrolled
467 at a school-within-a-school must be assigned to the reported
468 home school as described in this section for inclusion in the
469 home school’s grade.
470 (4)(3) DESIGNATION OF SCHOOL GRADES.—
471 (a) Each school that has students who are tested and
472 included in the school grading system shall receive a school
473 grade, except as follows:
474 1. A school may shall not receive a school grade if the
475 number of its students tested and included in the school grading
476 system is less than the minimum sample size necessary, based on
477 accepted professional practice, for statistical reliability and
478 prevention of the unlawful release of personally identifiable
479 student data under s. 1002.22 or 20 U.S.C. s. 1232g.
480 2. An alternative school may choose to receive a school
481 grade under this section or a school improvement rating under s.
482 1008.341. For charter schools that meet the definition of an
483 alternative school pursuant to State Board of Education rule,
484 the decision to receive a school grade is the decision of the
485 charter school governing board.
486 3. A school that serves any combination of students in
487 kindergarten through grade 3 which does not receive a school
488 grade because its students are not tested and included in the
489 school grading system shall receive the school grade designation
490 of a K-3 feeder pattern school identified by the Department of
491 Education and verified by the school district. A school feeder
492 pattern exists if at least 60 percent of the students in the
493 school serving a combination of students in kindergarten through
494 grade 3 are scheduled to be assigned to the graded school.
495 4. Performance data for students attending a reported
496 school-within-a-school must be assigned to the home school for
497 inclusion in the home school’s grade as described in this
498 paragraph, and the school-within-a-school must not be graded
499 separately.
500 (b)1. A school’s grade shall be based on a combination of:
501 a. Student achievement scores, including achievement as
502 measured by FCAT assessments under s. 1008.22(3)(c)1.,
503 statewide, standardized end-of-course assessments under s.
504 1008.22(3)(c)2.a. and b., and achievement scores for students
505 seeking a special diploma.
506 b. Student learning gains in reading and mathematics as
507 measured by FCAT and statewide, standardized end-of-course
508 assessments, as described in s. 1008.22(3)(c)1. and 2.a.,
509 including learning gains for students seeking a special diploma,
510 as measured by an alternate assessment.
511 c. Improvement of the lowest 25th percentile of students in
512 the school in reading and mathematics on the FCAT or end-of
513 course assessments described in s. 1008.22(3)(c)2.a., unless
514 these students are exhibiting satisfactory performance.
515 2. Beginning with the 2011-2012 school year, for schools
516 comprised of middle school grades 6 through 8 or grades 7 and 8,
517 the school’s grade shall include the performance and
518 participation of its students enrolled in high school level
519 courses with end-of-course assessments administered under s.
520 1008.22(3)(c)2.a. Performance and participation must be weighted
521 equally. As valid data becomes available, the school grades
522 shall include the students’ attainment of national industry
523 certification identified in the Industry Certification Funding
524 List pursuant to rules adopted by the state board.
525 3. Beginning with the 2009-2010 school year for schools
526 comprised of high school grades 9, 10, 11, and 12, or grades 10,
527 11, and 12, at least 50 percent of the school grade shall be
528 based on a combination of the factors listed in sub
529 subparagraphs 1.a.-c. and the remaining percentage on the
530 following factors:
531 a. The high school graduation rate of the school;
532 b. As valid data becomes available, the performance and
533 participation of the school’s students in College Board Advanced
534 Placement courses, International Baccalaureate courses, dual
535 enrollment courses, and Advanced International Certificate of
536 Education courses; and the students’ achievement of national
537 industry certification identified in the Industry Certification
538 Funding List, pursuant to rules adopted by the state board;
539 c. Postsecondary readiness of all of the school’s on-time
540 graduates as measured by the SAT, the ACT, the Postsecondary
541 Education Readiness Test, or the common placement test;
542 d. The high school graduation rate of at-risk students, who
543 are students scoring at Level 1 or Level 2 on grade 8 FCAT
544 Reading and FCAT Mathematics;
545 e. As valid data becomes available, the performance of the
546 school’s students on statewide, standardized end-of-course
547 assessments administered under s. 1008.22(3)(c)2.c. and d.; and
548 f. The growth or decline in the components listed in sub
549 subparagraphs a.-e. from year to year.
550 (c) Student assessment data used in determining school
551 grades must shall include:
552 1. The aggregate scores of all eligible students enrolled
553 in the school who have been assessed on the FCAT and statewide,
554 standardized end-of-course assessments in courses required for
555 high school graduation, including, beginning with the 2011-2012
556 school year, the end-of-course assessment in Algebra I; and
557 beginning with the 2012-2013 school year, the end-of-course
558 assessments in geometry and Biology I; and beginning with the
559 2014-2015 school year, on the statewide, standardized end-of
560 course assessment in civics education at the middle school
561 level.
562 2. The aggregate scores of all eligible students enrolled
563 in the school who have been assessed on the FCAT and statewide,
564 standardized end-of-course assessments as described in s.
565 1008.22(3)(c)2.a., and who have scored at or in the lowest 25th
566 percentile of students in the school in reading and mathematics,
567 unless these students are exhibiting satisfactory performance.
568 3. The achievement scores and learning gains of eligible
569 students attending alternative schools that provide dropout
570 prevention and academic intervention services pursuant to s.
571 1003.53. The term “eligible students” in this subparagraph does
572 not include students attending an alternative school who are
573 subject to district school board policies for expulsion for
574 repeated or serious offenses, who are in dropout retrieval
575 programs serving students who have officially been designated as
576 dropouts, or who are in programs operated or contracted by the
577 Department of Juvenile Justice. The student performance data for
578 eligible students identified in this subparagraph shall be
579 included in the calculation of the home school’s grade. As used
580 in this subparagraph and s. 1008.341, the term “home school”
581 means the school to which the student would be assigned if the
582 student were not assigned to an alternative school. If an
583 alternative school chooses to be graded under this section,
584 student performance data for eligible students identified in
585 this subparagraph shall not be included in the home school’s
586 grade but shall be included only in the calculation of the
587 alternative school’s grade. A school district that fails to
588 assign the FCAT and statewide, standardized end-of-course
589 assessment as described in s. 1008.22(3)(c)2.a. scores of each
590 of its students to his or her home school or to the alternative
591 school that receives a grade shall forfeit Florida School
592 Recognition Program funds for 1 fiscal year. School districts
593 must require collaboration between the home school and the
594 alternative school in order to promote student success. This
595 collaboration must include an annual discussion between the
596 principal of the alternative school and the principal of each
597 student’s home school concerning the most appropriate school
598 assignment of the student.
599 4. The achievement scores and learning gains of students
600 designated as hospital- or homebound. Student assessment data
601 for students designated as hospital- or homebound shall be
602 assigned to their home school for the purposes of school grades.
603 As used in this subparagraph, the term “home school” means the
604 school to which a student would be assigned if the student were
605 not assigned to a hospital- or homebound program.
606 5. For schools comprised of high school grades 9, 10, 11,
607 and 12, or grades 10, 11, and 12, the data listed in
608 subparagraphs 1.-3. and the following data as the Department of
609 Education determines such data are valid and available:
610 a. The high school graduation rate of the school as
611 calculated by the department;
612 b. The participation rate of all eligible students enrolled
613 in the school and enrolled in College Board Advanced Placement
614 courses; International Baccalaureate courses; dual enrollment
615 courses; Advanced International Certificate of Education
616 courses; and courses or sequences of courses leading to national
617 industry certification identified in the Industry Certification
618 Funding List, pursuant to rules adopted by the State Board of
619 Education;
620 c. The aggregate scores of all eligible students enrolled
621 in the school in College Board Advanced Placement courses,
622 International Baccalaureate courses, and Advanced International
623 Certificate of Education courses;
624 d. Earning of college credit by all eligible students
625 enrolled in the school in dual enrollment programs under s.
626 1007.271;
627 e. Earning of a national industry certification identified
628 in the Industry Certification Funding List, pursuant to rules
629 adopted by the State Board of Education;
630 f. The aggregate scores of all eligible students enrolled
631 in the school in reading, mathematics, and other subjects as
632 measured by the SAT, the ACT, the Postsecondary Education
633 Readiness Test, and the common placement test for postsecondary
634 readiness;
635 g. The high school graduation rate of all eligible at-risk
636 students enrolled in the school who scored at Level 2 or lower
637 on grade 8 FCAT Reading and FCAT Mathematics;
638 h. The performance of the school’s students on statewide,
639 standardized end-of-course assessments administered under s.
640 1008.22(3)(c)2.c. and d.; and
641 i. The growth or decline in the data components listed in
642 sub-subparagraphs a.-h. from year to year.
643
644 The State Board of Education shall adopt appropriate criteria
645 for each school grade. The criteria must also give added weight
646 to student achievement in reading. Schools earning a grade of
647 “C,” making satisfactory progress, shall be required to
648 demonstrate that adequate progress has been made by students in
649 the school who are in the lowest 25th percentile in reading and
650 mathematics on the FCAT and end-of-course assessments as
651 described in s. 1008.22(3)(c)2.a., unless these students are
652 exhibiting satisfactory performance. For schools comprised of
653 high school grades 9, 10, 11, and 12, or grades 10, 11, and 12,
654 the criteria for school grades must also give added weight to
655 the graduation rate of all eligible at-risk students. In order
656 for a high school to earn a grade of “A,” the school must
657 demonstrate that its at-risk students, as defined in this
658 paragraph, are making adequate progress.
659 Section 7. This act shall take effect July 1, 2013.