CS for CS for SB 878                             First Engrossed
       
       
       
       
       
       
       
       
       2013878e1
       
    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.; requiring
   27         the Board of Governors to make available to the
   28         Department of Education all data within the State
   29         University Database System which is to be integrated
   30         into the K-20 data warehouse; requiring the
   31         Commissioner of Education to have access to certain
   32         data for the added purpose of providing data to
   33         organizations and certain authorized representatives;
   34         requiring all public educational institutions to
   35         annually provide data from the prior year to the K-20
   36         data warehouse in a format based on data elements
   37         identified by the commissioner; requiring colleges and
   38         universities eligible to participate in the William L.
   39         Boyd, IV, Florida Resident Access Grant Program to
   40         report current data from the prior year for each
   41         student who receives state funds in a format
   42         prescribed by the Department of Education; providing
   43         reporting requirements; requiring these colleges and
   44         universities to annually report the data to the
   45         department by a specified date; requiring the
   46         commissioner to collaborate with the Department of
   47         Economic Opportunity to develop procedures for the
   48         ability to tie student-level data to student and
   49         workforce outcome data; deleting a provision that
   50         requires the commissioner to prepare a report that
   51         assists the school districts in eliminating or
   52         consolidating paperwork, data, and reports by
   53         providing suggestions, technical assistance, and
   54         guidance; requiring the commissioner to improve and
   55         streamline by a specified date access to data
   56         maintained by the K-20 data warehouse by creating and
   57         fully implementing a web-based interface and a self
   58         service, restricted access component of the K-20 data
   59         warehouse called the “Research Engine”; providing
   60         requirements for the Research Engine; providing
   61         requirements for a written agreement to access the
   62         Research Engine; providing termination of data access
   63         privileges and an administrative penalty for violating
   64         the written agreement; requiring the adoption of rules
   65         and procedures; deleting a provision that requires the
   66         commissioner to use existing data being collected to
   67         reduce duplication and minimize paperwork; requiring
   68         the Department of Education to share data with
   69         organizations and authorized representatives pursuant
   70         to the studies and audit and evaluation exceptions
   71         under the Family Educational Rights and Privacy Act;
   72         amending s. 1008.34, F.S.; revising provisions
   73         relating to schools that are assigned school grades,
   74         including colocated schools; amending s. 1008.341,
   75         F.S.; revising provisions relating to alternative
   76         schools that are assigned a school improvement rating;
   77         revising the student data used in determining an
   78         alternative school’s school improvement rating;
   79         providing requirements for the content and
   80         distribution of student report cards for alternative
   81         schools; amending s. 1008.385, F.S.; requiring the
   82         commissioner to provide information relating to master
   83         school identification numbers for purposes of the
   84         comprehensive management information system; providing
   85         an effective date.
   86  
   87  Be It Enacted by the Legislature of the State of Florida:
   88  
   89         Section 1. Paragraph (b) of subsection (3) of section
   90  1002.22, Florida Statutes, is amended to read:
   91         1002.22 Education records and reports of K-12 students;
   92  rights of parents and students; notification; penalty.—
   93         (3) DUTIES AND RESPONSIBILITIES.—The State Board of
   94  Education shall:
   95         (b) Monitor the FERPA and notify the Legislature of any
   96  significant change to the requirements of the FERPA or other
   97  major changes in federal law which may impact this section or s.
   98  1008.31.
   99         Section 2. Subsection (1) of section 1004.015, Florida
  100  Statutes, is amended, and paragraph (f) is added to subsection
  101  (3) of that section, to read:
  102         1004.015 Higher Education Coordinating Council.—
  103         (1) The Higher Education Coordinating Council is created
  104  for the purposes of identifying unmet needs; and facilitating
  105  solutions to disputes regarding the creation of new degree
  106  programs and the establishment of new institutes, campuses, or
  107  centers; and facilitating solutions to data issues identified by
  108  the Articulation Coordinating Committee pursuant to s. 1007.01
  109  to improve the K-20 education performance accountability system.
  110         (3) The council shall serve as an advisory board to the
  111  Legislature, the State Board of Education, and the Board of
  112  Governors. Recommendations of the council shall be consistent
  113  with the following guiding principles:
  114         (f) To promote adoption of a common set of data elements
  115  identified by the National Center for Education Statistics to
  116  support the effective exchange of 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. Present subsection (4) of section 1008.31,
  195  Florida Statutes, is renumbered as subsection (5), a new
  196  subsection (4) is added to that section, and subsection (3) of
  197  that section is amended, 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         (3) K-20 EDUCATION DATA QUALITY IMPROVEMENTS.—To provide
  202  data required to implement education performance accountability
  203  measures in state and federal law, the commissioner of Education
  204  shall initiate and maintain strategies to improve data quality
  205  and timeliness. The Board of Governors shall make available to
  206  the department all data within the State University Database
  207  System to collected from state universities shall, as determined
  208  by the commissioner, be integrated into the K-20 data warehouse.
  209  The commissioner shall have unlimited access to such data solely
  210  for the purposes of conducting studies, reporting annual and
  211  longitudinal student outcomes, and improving college readiness
  212  and articulation, and providing data to organizations and
  213  authorized representatives pursuant to subsection (4). All
  214  public educational institutions shall annually provide data from
  215  the prior year to the K-20 data warehouse in a format based on
  216  data elements identified specified by the commissioner.
  217         (a) School districts and public postsecondary educational
  218  institutions shall maintain information systems that will
  219  provide the State Board of Education, the Board of Governors of
  220  the State University System, and the Legislature with
  221  information and reports necessary to address the specifications
  222  of the accountability system. The level of comprehensiveness and
  223  quality must shall be no less than that which was available as
  224  of June 30, 2001.
  225         (b) Colleges and universities eligible to participate in
  226  the William L. Boyd, IV, Florida Resident Access Grant Program
  227  shall annually report student-level data from the prior year for
  228  each student who receives state funds in a format prescribed by
  229  the Department of Education. At a minimum, data from the prior
  230  year must shall be reported annually to the department and
  231  include retention rates, transfer rates, completion rates,
  232  graduation rates, employment and placement rates, and earnings
  233  of graduates. By December 31, 2013, the colleges and
  234  universities described in this paragraph shall report the data
  235  for the 2012-2013 academic year to the department. By October 1
  236  of each year thereafter, the colleges and universities described
  237  in this paragraph shall report the data to the department.
  238         (c) The Commissioner of Education shall determine the
  239  standards for the required data, monitor data quality, and
  240  measure improvements. The commissioner shall report annually to
  241  the State Board of Education, the Board of Governors of the
  242  State University System, the President of the Senate, and the
  243  Speaker of the House of Representatives data quality indicators
  244  and ratings for all school districts and public postsecondary
  245  educational institutions.
  246         (d) The commissioner shall collaborate with the executive
  247  director of the Department of Economic Opportunity to develop
  248  procedures for the ability to tie student-level data to student
  249  and workforce outcome data The commissioner shall continuously
  250  monitor and review the collection of paperwork, data, and
  251  reports by school districts and complete an annual review of
  252  such collection no later than June 1 of each year. The annual
  253  review must include recommendations for consolidating paperwork,
  254  data, and reports, wherever feasible, in order to reduce the
  255  burdens on school districts.
  256         (e) By June 30, 2014, the commissioner shall improve and
  257  streamline access to data maintained by the K-20 data warehouse
  258  by creating and fully implementing:
  259         1.A web-based interface for parents, students, teachers,
  260  principals, local educational agency leaders, community members,
  261  researchers, policymakers, and other constituents which is
  262  engaging, informative, and customer-friendly.
  263         a. The web-based interface must provide a single location
  264  for public access to aggregated data from the K-20 data
  265  warehouse which do not contain personally identifiable
  266  information or any other information that is confidential
  267  pursuant to applicable law.
  268         b. Personally identifiable information from education
  269  records of students, or any other information that is
  270  confidential pursuant to applicable law, must be redacted or
  271  aggregated, or the confidentiality otherwise protected by de
  272  identification, anonymization, or any combination thereof.
  273         2. A self-service, restricted access component of the K-20
  274  data warehouse, called the “Research Engine,” which is:
  275         a. Restricted to organizations and authorized
  276  representatives pursuant to subsection (4). The commissioner
  277  shall create a website for organizations and authorized
  278  representatives to submit data requests. The website shall
  279  generate an automated acknowledgement of each data request. Each
  280  acknowledgement of a data request must include a username and
  281  password to view the order and status of completion of the data
  282  request and a link to the directory of data elements which
  283  provides a detailed description of each data element. Within 90
  284  days after acknowledging each data request, the department shall
  285  provide to organizations or authorized representatives technical
  286  assistance regarding the written agreement required under sub
  287  subparagraph d. However, organizations and authorized
  288  representatives may execute the written agreement with the
  289  department at any time after submitting a data request. Data
  290  requests must be completed within 90 days after the written
  291  agreement is executed, unless the written agreement specifies
  292  otherwise.
  293         b.Capable of providing student-level data; however, the
  294  department shall remove personally identifiable information from
  295  education records of students, or any other information that is
  296  confidential pursuant to applicable law. The personally
  297  identifiable information must be redacted, aggregated, or
  298  otherwise protected by de-identification, anonymization, or any
  299  combination thereof. To satisfy confidentiality protections of
  300  this section and 20 U.S.C. s. 1232g, also known as the Family
  301  Educational Rights and Privacy Act (FERPA), the department may
  302  assign an anonymized random identification number to each record
  303  before providing access to data. The department shall develop
  304  and the State Board of Education shall adopt rules regarding
  305  redacting and anonymizing personally identifiable information.
  306  
  307  Data provided to organizations and authorized representatives
  308  pursuant to subsection (4) may not include personally
  309  identifiable information regarding a student’s or a student’s
  310  family’s juvenile delinquency records, criminal records, medical
  311  records, biometric information, religious affiliations or
  312  beliefs, political affiliations or beliefs, and sexual behavior
  313  or attitudes.
  314         c. Accessible at the department’s headquarters or by other
  315  secure means as agreed upon in writing by the parties.
  316         d. Accessible after an organization or an authorized
  317  representative executes a written agreement with the
  318  commissioner. The written agreement must include, but need not
  319  be limited to:
  320         (I) Identification of the purpose, scope, and duration of
  321  the activity with sufficient specificity to make clear that the
  322  activity falls within permissible uses authorized by FERPA and
  323  does not further a commercial, trade, or profit interest.
  324         (II) Identification of the data elements necessary to
  325  complete a study, an audit, or an evaluation. The department
  326  shall provide assistance to organizations and authorized
  327  representatives regarding selection of data elements to fulfill
  328  data requests. Requests for additional data by an organization
  329  or an authorized representative may be made by amending the
  330  written agreement. The deadline for fulfilling a data request
  331  may be adjusted accordingly.
  332         (III)Identification of the FERPA exception relied upon to
  333  obtain data.
  334         (IV) Requirements regarding procedures for securing data,
  335  including, but not limited to, a data security plan. The
  336  Department of Education shall reserve the right to conduct
  337  security audits or reviews as necessary.
  338         (V) Requirements limiting the use of data to meet only the
  339  purpose stated in the written agreement.
  340         (VI) Requirements establishing disciplinary policies for
  341  organizations and authorized representatives that violate FERPA
  342  or the written agreement.
  343         (VII) Prohibitions regarding access to or use of data
  344  obtained pursuant to the written agreement by anyone not
  345  authorized to have such access or use by the department.
  346         (VIII) Requirements regarding destruction of data that are
  347  received pursuant to the written agreement and specifications of
  348  when the information must be destroyed.
  349         (IX) Requirements regarding background screening of
  350  organizations and authorized representatives.
  351         (X) Requirements regarding the assessment of liquidated
  352  damages for unauthorized disclosure of data or for violation of
  353  terms and conditions of the written agreement. In addition, if
  354  the department determines that an organization or authorized
  355  representative, pursuant to subsection (4), has violated the
  356  terms and conditions of the written agreement or FERPA, the
  357  violation, as determined by the department, is grounds for
  358  termination of data access privileges for 10 years. The
  359  department may also impose an administrative penalty of up to
  360  $1,000 per violation.
  361         (XI) Identification of deliverables to be provided by the
  362  organization or authorized representative. The deliverables must
  363  include, but are not limited to, as appropriate: a copy of the
  364  final study, audit, or evaluation or, if no study, audit, or
  365  evaluation is completed, a report identifying such with a copy
  366  of unfinished research; a copy of reports, publications, papers,
  367  theses, or similar documents; and certification by the
  368  organization or authorized representative stating the final
  369  status of deliverables and confirming compliance with all
  370  provisions of the written agreement. The deliverables shall be
  371  provided to the department within 1 year after the date of
  372  execution of the written agreement, unless the written agreement
  373  specifies otherwise. The Commissioner of Education may assess
  374  liquidated damages specified in the written agreement if all
  375  deliverables are not timely provided to the Department of
  376  Education.
  377         (XII) Requirements regarding maintaining the
  378  confidentiality of any information that is exempt from s.
  379  119.071(1) and s. 24(a), Art. I of the State Constitution, or
  380  that is otherwise made confidential by state or federal law.
  381         (XIII) Requirements regarding a service charge identified
  382  in sub-subparagraph e.
  383  
  384  The Department of Education shall develop, and the State Board
  385  of Education shall adopt, rules regarding the written agreement.
  386         e. Funded by creating and implementing a pricing structure
  387  that is self-sustainable with the goal that the service charge
  388  for use of the Research Engine recovers actual costs to fulfill
  389  a data request. The commissioner may waive or reduce the service
  390  charge for fulfilling a data request. Funds collected from the
  391  service charge shall be deposited into the Operating Trust Fund.
  392  The department shall develop and the State Board of Education
  393  shall adopt rules regarding the service charge.
  394         f. Linked to a list of organizations and authorized
  395  representatives that obtain data from the Research Engine on the
  396  web-based interface in subparagraph 1. The list must include,
  397  but need not be limited to, the date of receipt of each data
  398  request, response time to address each data request, and current
  399  status of each data request. The department shall continually
  400  update the list and maintain a copy of reports prepared and
  401  submitted by the organizations and authorized representatives.
  402  
  403  The department shall adopt procedures to implement the web-based
  404  interface and the Research Engine established pursuant to this
  405  subsection By July 1 of each year, the commissioner shall
  406  prepare a report assisting the school districts in eliminating
  407  or consolidating paperwork, data, and reports by providing
  408  suggestions, technical assistance, and guidance.
  409         (f) Before establishing any new reporting or data
  410  collection requirements, the commissioner of Education shall
  411  utilize existing data being collected to reduce duplication and
  412  minimize paperwork.
  413         (4)ACCESS TO THE K-20 DATA WAREHOUSE.—Pursuant to 20
  414  U.S.C. s. 1232g(b)(1)(F), and the federal regulations issued
  415  pursuant thereto, organizations conducting studies for, or on
  416  behalf of, educational agencies and institutions as provided in
  417  34 C.F.R. 99.31(a)(6) shall be given access to data maintained
  418  by the K-20 data warehouse in a manner consistent with this
  419  section, ss. 1002.22, 1002.221, 1006.52, and FERPA. Pursuant to
  420  20 U.S.C. s. 1232g(b)(3)(C), authorized representatives
  421  conducting an audit or an evaluation of a federal- or state
  422  supported education program as provided in 34 C.F.R.
  423  99.31(a)(3), shall be given access to the data maintained by the
  424  K-20 data warehouse in a manner consistent with this section,
  425  ss. 1002.22, 1002.221, 1006.52, and FERPA.
  426         (a) Requests by organizations or authorized representatives
  427  for access to data with the exception of requests from the
  428  Executive Office of the Governor, the Florida Legislature, the
  429  Florida Auditor General, and the Office of Program Policy
  430  Analysis and Government Accountability, shall be submitted
  431  through the Research Engine established pursuant to subparagraph
  432  (3)(e)2. Access to the Research Engine is not conditioned upon
  433  or limited to studies, audits, or evaluations that support the
  434  research agenda, interests, or priorities of the State Board of
  435  Education, the commissioner, or the department.
  436         (b) Authorized representatives include designated
  437  individuals from the Executive Office of the Governor, the
  438  Florida Legislature, the Florida Auditor General, the Office of
  439  Program Policy Analysis and Government Accountability, the
  440  Florida district school boards, Florida College System
  441  institutions, and Florida state universities or entities
  442  approved by the Department of Education.
  443         (c) Requests for data from the Executive Office of the
  444  Governor, the Florida Legislature, the Florida Auditor General,
  445  and the Office of Program Policy Analysis and Government
  446  Accountability, shall be given a priority over other data
  447  requests and shall be provided free of charge.
  448         Section 6. Subsection (1) and paragraph (a) of subsection
  449  (3) of section 1008.34, Florida Statutes, are amended to read:
  450         1008.34 School grading system; school report cards;
  451  district grade.—
  452         (1) ANNUAL REPORTS.—The Commissioner of Education shall
  453  prepare annual reports of the results of the statewide
  454  assessment program which describe student achievement in the
  455  state, each district, and each school. The commissioner shall
  456  prescribe the design and content of these reports, which must
  457  include descriptions of the performance of all schools
  458  participating in the assessment program and all of their major
  459  student populations as determined by the commissioner. The
  460  report must also include the percent of students performing at
  461  or above grade level and making a year’s learning gains growth
  462  in a year’s time in reading and mathematics. The provisions of
  463  s. 1002.22 pertaining to student records apply to this section.
  464         (3) DESIGNATION OF SCHOOL GRADES.—
  465         (a) Beginning with the 2013-2014 school year, each school
  466  that has students who are tested and included in the school
  467  grading system shall receive a school grade if the number of its
  468  students tested on statewide assessments pursuant to s. 1008.22
  469  meets or exceeds the minimum sample size of 10, except as
  470  follows:
  471         1. A school shall not receive a school grade if the number
  472  of its students tested and included in the school grading system
  473  is less than the minimum sample size necessary, based on
  474  accepted professional practice, for statistical reliability and
  475  prevention of the unlawful release of personally identifiable
  476  student data under s. 1002.22 or 20 U.S.C. s. 1232g.
  477         1.2. An alternative school may choose to receive a school
  478  grade under this section or a school improvement rating under s.
  479  1008.341. For charter schools that meet the definition of an
  480  alternative school pursuant to State Board of Education rule,
  481  the decision to receive a school grade is the decision of the
  482  charter school governing board.
  483         2.3. A school that serves any combination of students in
  484  kindergarten through grade 3 which does not receive a school
  485  grade because its students are not tested and included in the
  486  school grading system shall receive the school grade designation
  487  of a K-3 feeder pattern school identified by the Department of
  488  Education and verified by the school district. A school feeder
  489  pattern exists if at least 60 percent of the students in the
  490  school serving a combination of students in kindergarten through
  491  grade 3 are scheduled to be assigned to the graded school.
  492         3.If a colocated school does not earn a school grade or
  493  school improvement rating for the performance of its students,
  494  the student performance data of all schools operating at the
  495  same facility must be aggregated to develop a school grade that
  496  will be assigned to all schools at that location. A colocated
  497  school is a school that has its own unique master school
  498  identification number, provides for the education of each of its
  499  enrolled students, and operates at the same facility as another
  500  school that has its own unique master school identification
  501  number and provides for the education of each of its enrolled
  502  students.
  503  
  504  The State Board of Education shall adopt appropriate criteria
  505  for each school grade. The criteria must also give added weight
  506  to student achievement in reading. Schools earning a grade of
  507  “C,” making satisfactory progress, shall be required to
  508  demonstrate that adequate progress has been made by students in
  509  the school who are in the lowest 25th percentile in reading and
  510  mathematics on the FCAT and end-of-course assessments as
  511  described in s. 1008.22(3)(c)2.a., unless these students are
  512  exhibiting satisfactory performance. For schools comprised of
  513  high school grades 9, 10, 11, and 12, or grades 10, 11, and 12,
  514  the criteria for school grades must also give added weight to
  515  the graduation rate of all eligible at-risk students. In order
  516  for a high school to earn a grade of “A,” the school must
  517  demonstrate that its at-risk students, as defined in this
  518  paragraph, are making adequate progress.
  519         Section 7.  Subsections (2), (3), and (5) of section
  520  1008.341, Florida Statutes, are amended to read:
  521         1008.341 School improvement rating for alternative
  522  schools.—
  523         (2) SCHOOL IMPROVEMENT RATING.—An alternative school is a
  524  school that provides dropout prevention and academic
  525  intervention services pursuant to s. 1003.53. An alternative
  526  school shall receive a school improvement rating pursuant to
  527  this section unless the school earns a school grade pursuant to
  528  s. 1008.34. Beginning with the 2013-2014 school year, each
  529  However, an alternative school that chooses to receive a school
  530  improvement rating shall not receive a school improvement rating
  531  if the number of its students for whom student performance data
  532  on statewide, standardized assessments pursuant to s. 1008.22
  533  which is available for the current year and previous year meets
  534  or exceeds is less than the minimum sample size of 10. An
  535  alternative school that tests at least 80 percent of its
  536  students may receive a school improvement rating. If an
  537  alternative school tests less than 90 percent of its students,
  538  the school may not earn a rating higher than “maintaining.”
  539  necessary, based on accepted professional practice, for
  540  statistical reliability and prevention of the unlawful release
  541  of personally identifiable student data under s. 1002.22 or 20
  542  U.S.C. s. 1232g. The school improvement rating shall identify an
  543  alternative school as having one of the following ratings
  544  defined according to rules of the State Board of Education:
  545         (a) “Improving” means the students attending the school are
  546  making more academic progress than when the students were served
  547  in their home schools.
  548         (b) “Maintaining” means the students attending the school
  549  are making progress equivalent to the progress made when the
  550  students were served in their home schools.
  551         (c) “Declining” means the students attending the school are
  552  making less academic progress than when the students were served
  553  in their home schools.
  554  
  555  The school improvement rating shall be based on a comparison of
  556  student performance data for the current year and previous year.
  557  Schools that improve at least one level or maintain an
  558  “improving” rating pursuant to this section are eligible for
  559  school recognition awards pursuant to s. 1008.36.
  560         (3) DESIGNATION OF SCHOOL IMPROVEMENT RATING.—Student data
  561  used in determining an alternative school’s school improvement
  562  rating shall include:
  563         (a) Student performance results based The aggregate scores
  564  on statewide, standardized assessments, including retakes,
  565  administered under s. 1008.22 for all eligible students who were
  566  assigned to and enrolled in the school during the October or
  567  February FTE count and who have assessment scores FCAT or
  568  comparable scores for the preceding school year.
  569         (b) Student performance results based The aggregate scores
  570  on statewide, standardized assessments, including retakes,
  571  administered under s. 1008.22 for all eligible students who were
  572  assigned to and enrolled in the school during the October or
  573  February FTE count and who have scored in the lowest 25th
  574  percentile of students in the state on FCAT Reading.
  575  
  576  Student performance results The assessment scores of students
  577  who are subject to district school board policies for expulsion
  578  for repeated or serious offenses, who are in dropout retrieval
  579  programs serving students who have officially been designated as
  580  dropouts, or who are in programs operated or contracted by the
  581  Department of Juvenile Justice may not be included in an
  582  alternative school’s school improvement rating.
  583         (5) SCHOOL AND STUDENT REPORT CARDS CARD.—The Department of
  584  Education shall annually develop, in collaboration with the
  585  school districts, a school report card for alternative schools
  586  to be delivered to parents throughout each school district. The
  587  report card shall include the school improvement rating,
  588  identification of student learning gains, student attendance
  589  data, information regarding school improvement, an explanation
  590  of school performance as evaluated by the federal No Child Left
  591  Behind Act of 2001, and indicators of return on investment. An
  592  alternative school that serves at least 10 students who are
  593  tested on the statewide, standardized assessments pursuant to s.
  594  1008.22 in the current year and previous year shall distribute
  595  an individual student report card to parents which includes the
  596  student’s learning gains and progress toward meeting high school
  597  graduation requirements. The report card must also include the
  598  school’s industry certification rate, college readiness rate,
  599  dropout rate, and graduation rate. This subsection does not
  600  abrogate the provisions of s. 1002.22 relating to student
  601  records or the requirements of 20 U.S.C. s. 1232g, the Family
  602  Educational Rights and Privacy Act.
  603         Section 8. Paragraph (a) of subsection (2) of section
  604  1008.385, Florida Statutes, is amended to read:
  605         1008.385 Educational planning and information systems.—
  606         (2) COMPREHENSIVE MANAGEMENT INFORMATION SYSTEMS.—The
  607  Commissioner of Education shall develop and implement an
  608  integrated information system for educational management. The
  609  system must be designed to collect, via electronic transfer, all
  610  student and school performance data required to ascertain the
  611  degree to which schools and school districts are meeting state
  612  performance standards, and must be capable of producing data for
  613  a comprehensive annual report on school and district
  614  performance. In addition, the system shall support, as feasible,
  615  the management decisions to be made in each division of the
  616  department and at the individual school and district levels.
  617  Similar data elements among divisions and levels shall be
  618  compatible. The system shall be based on an overall conceptual
  619  design; the information needed for such decisions, including
  620  fiscal, student, program, personnel, facility, community,
  621  evaluation, and other relevant data; and the relationship
  622  between cost and effectiveness. The system shall be managed and
  623  administered by the commissioner and shall include a district
  624  subsystem component to be administered at the district level,
  625  with input from the reports-and-forms control management
  626  committees. Each district school system with a unique management
  627  information system shall assure that compatibility exists
  628  between its unique system and the district component of the
  629  state system so that all data required as input to the state
  630  system is made available via electronic transfer and in the
  631  appropriate input format.
  632         (a) The specific responsibilities of the commissioner shall
  633  include:
  634         1. Consulting with school district representatives in the
  635  development of the system design model and implementation plans
  636  for the management information system for public school
  637  education management;
  638         2. Providing operational definitions for the proposed
  639  system, including criteria for issuing and revoking master
  640  school identification numbers to support the maintenance of
  641  education records, to enforce and support education
  642  accountability, to support the distribution of funds to school
  643  districts, to support the preparation and analysis of school
  644  district financial reports, and to assist the commissioner in
  645  carrying out the duties specified in ss. 1001.10 and 1001.11;
  646         3. Determining the information and specific data elements
  647  required for the management decisions made at each educational
  648  level, recognizing that the primary unit for information input
  649  is the individual school and recognizing that time and effort of
  650  instructional personnel expended in collection and compilation
  651  of data should be minimized;
  652         4. Developing standardized terminology and procedures to be
  653  followed at all levels of the system;
  654         5. Developing a standard transmittal format to be used for
  655  collection of data from the various levels of the system;
  656         6. Developing appropriate computer programs to assure
  657  integration of the various information components dealing with
  658  students, personnel, facilities, fiscal, program, community, and
  659  evaluation data;
  660         7. Developing the necessary programs to provide statistical
  661  analysis of the integrated data provided in subparagraph 6. in
  662  such a way that required reports may be disseminated,
  663  comparisons may be made, and relationships may be determined in
  664  order to provide the necessary information for making management
  665  decisions at all levels;
  666         8. Developing output report formats which will provide
  667  district school systems with information for making management
  668  decisions at the various educational levels;
  669         9. Developing a phased plan for distributing computer
  670  services equitably among all public schools and school districts
  671  in the state as rapidly as possible. The plan shall describe
  672  alternatives available to the state in providing such computing
  673  services and shall contain estimates of the cost of each
  674  alternative, together with a recommendation for action. In
  675  developing the plan, the feasibility of shared use of computing
  676  hardware and software by school districts, Florida College
  677  System institutions, and universities shall be examined. Laws or
  678  administrative rules regulating procurement of data processing
  679  equipment, communication services, or data processing services
  680  by state agencies shall not be construed to apply to local
  681  agencies which share computing facilities with state agencies;
  682         10. Assisting the district school systems in establishing
  683  their subsystem components and assuring compatibility with
  684  current district systems;
  685         11. Establishing procedures for continuous evaluation of
  686  system efficiency and effectiveness;
  687         12. Initiating a reports-management and forms-management
  688  system to ascertain that duplication in collection of data does
  689  not exist and that forms and reports for reporting under state
  690  and federal requirements and other forms and reports are
  691  prepared in a logical and uncomplicated format, resulting in a
  692  reduction in the number and complexity of required reports,
  693  particularly at the school level; and
  694         13. Initiating such other actions as are necessary to carry
  695  out the intent of the Legislature that a management information
  696  system for public school management needs be implemented. Such
  697  other actions shall be based on criteria including, but not
  698  limited to:
  699         a. The purpose of the reporting requirement;
  700         b. The origination of the reporting requirement;
  701         c. The date of origin of the reporting requirement; and
  702         d. The date of repeal of the reporting requirement.
  703         Section 9. This act shall take effect July 1, 2013.