Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for SB 616
       
       
       
       
       
       
                                Ì587488gÎ587488                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/23/2015           .                                
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       Appropriations Subcommittee on Education (Legg, Montford, and
       Gaetz) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (18) is added to section 1001.03,
    6  Florida Statutes, to read:
    7         1001.03 Specific powers of State Board of Education.—
    8         (18) PUBLICATION OF GRADE 3 RETENTION AND MIDYEAR PROMOTION
    9  AND HIGH SCHOOL GRADUATION REQUIREMENTS AND OPTIONS.—The State
   10  Board of Education shall adopt by rule:
   11         (a) A notification form that clearly identifies for parents
   12  and students the grade 3 retention and midyear promotion
   13  requirements, processes, and options, as well as the high school
   14  graduation requirements, processes, and options. The rule must
   15  require school districts to publish this notification form on
   16  their websites and include the form in annual student handbooks.
   17         (b) A requirement that school districts attach the
   18  notification form when providing student performance results to
   19  parents on statewide, standardized assessments administered
   20  pursuant to ss. 1002.69, 1003.56, and 1008.22.
   21         Section 2. Paragraphs (a), (d), and (h) of subsection (3)
   22  and subsection (6) of section 1008.22, Florida Statutes, are
   23  amended to read:
   24         1008.22 Student assessment program for public schools.—
   25         (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The
   26  Commissioner of Education shall design and implement a
   27  statewide, standardized assessment program aligned to the core
   28  curricular content established in the Next Generation Sunshine
   29  State Standards. The commissioner also must develop or select
   30  and implement a common battery of assessment tools that will be
   31  used in all juvenile justice education programs in the state.
   32  These tools must accurately measure the core curricular content
   33  established in the Next Generation Sunshine State Standards.
   34  Participation in the assessment program is mandatory for all
   35  school districts and all students attending public schools,
   36  including adult students seeking a standard high school diploma
   37  under s. 1003.4282 and students in Department of Juvenile
   38  Justice education programs, except as otherwise provided by law.
   39  If a student does not participate in the assessment program, the
   40  school district must notify the student’s parent and provide the
   41  parent with information regarding the implications of such
   42  nonparticipation. The statewide, standardized assessment program
   43  shall be designed and implemented as follows:
   44         (a) Statewide, standardized comprehensive assessments.—The
   45  statewide, standardized Reading assessment shall be administered
   46  annually in grades 3 through 10. The statewide, standardized
   47  Writing assessment shall be administered annually at least once
   48  at the elementary, middle, and high school levels. When the
   49  Reading and Writing assessments are replaced by English Language
   50  Arts (ELA) assessments, ELA assessments shall be administered to
   51  students in grades 3 through 10 11. Retake opportunities for the
   52  grade 10 Reading assessment or, upon implementation, the grade
   53  10 ELA assessment must be provided. Students taking the ELA
   54  assessments shall not take the statewide, standardized
   55  assessments in Reading or Writing. ELA assessments shall be
   56  administered online. The statewide, standardized Mathematics
   57  assessments shall be administered annually in grades 3 through
   58  8. Students taking a revised Mathematics assessment shall not
   59  take the discontinued assessment. The statewide, standardized
   60  Science assessment shall be administered annually at least once
   61  at the elementary and middle grades levels. In order to earn a
   62  standard high school diploma, a student who has not earned a
   63  passing score on the grade 10 Reading assessment or, upon
   64  implementation, the grade 10 ELA assessment must earn a passing
   65  score on the assessment retake or earn a concordant score as
   66  authorized under subsection (7).
   67         (d) Implementation schedule.—
   68         1. The Commissioner of Education shall establish and
   69  publish on the department’s website an implementation schedule
   70  to transition from the statewide, standardized Reading and
   71  Writing assessments to the ELA assessments and to the revised
   72  Mathematics assessments, including the Algebra I and Geometry
   73  EOC assessments. The schedule must take into consideration
   74  funding, sufficient field and baseline data, access to
   75  assessments, instructional alignment, and school district
   76  readiness to administer the assessments online. All such
   77  assessments must be delivered through computer-based testing.
   78  However, the following assessments must be delivered in a
   79  computer-based format, as follows: the grade 3 ELA assessment
   80  beginning in the 2017-2018 school year; the grade 3 mathematics
   81  assessment beginning in the 2016-2017 school year; the grade 4
   82  ELA assessment beginning in the 2015-2016 school year; and the
   83  grade 4 Mathematics assessment beginning in the 2016-2017 school
   84  year. Paper-based administrations of assessments must, at a
   85  minimum, include paper-based accommodations available for
   86  eligible students whose IEPs or Section 504 plans indicate a
   87  need for a paper-based format.
   88         2. The Department of Education shall publish minimum and
   89  recommended technology requirements that include specifications
   90  for hardware, software, networking, security, and broadband
   91  capacity to facilitate school district compliance with the
   92  requirement that assessments be administered online.
   93         (h) Contracts for assessments.—
   94         1. The commissioner shall provide for the assessments to be
   95  developed or obtained, as appropriate, through contracts and
   96  project agreements with private vendors, public vendors, public
   97  agencies, postsecondary educational institutions, or school
   98  districts. The commissioner may enter into contracts for the
   99  continued administration of the assessments authorized and
  100  funded by the Legislature. Contracts may be initiated in 1
  101  fiscal year and continue into the next fiscal year and may be
  102  paid from the appropriations of either or both fiscal years. The
  103  commissioner may negotiate for the sale or lease of tests,
  104  scoring protocols, test scoring services, and related materials
  105  developed pursuant to law.
  106         2. A student’s performance results on statewide,
  107  standardized comprehensive assessments, EOC assessments, and
  108  Florida Alternate Assessments administered pursuant to this
  109  subsection must be provided to the student’s teachers and
  110  parents within 30 days after administering such assessments.
  111  This subparagraph does not apply to existing contracts for such
  112  assessments, but shall apply to new contracts and any renewal of
  113  existing contracts for such assessments.
  114         3. If liquidated damages are applicable, the department
  115  shall collect and distribute liquidated damages that are due in
  116  response to the administration of the spring 2015 computer-based
  117  assessments of the department’s Florida Standards Assessment
  118  contract with American Institutes for Research, to school
  119  districts as determined by the Legislature.
  120         (6) LOCAL ASSESSMENTS.—
  121         (a) Measurement of student performance in all subjects and
  122  grade levels, except in those subjects and grade levels measured
  123  under the statewide, standardized assessment program described
  124  in this section, is the responsibility of the school districts.
  125  However, a school district may not administer an additional,
  126  cumulative final local assessment for a course measured under a
  127  statewide, standardized end-of-course assessment. A school
  128  district must provide a student’s performance results on
  129  district-required local assessments to the student’s teachers
  130  and parents within 30 days after administering such assessments.
  131         (b) Except for those subjects and grade levels measured
  132  under the statewide, standardized assessment program, beginning
  133  with the 2014-2015 school year, each school district shall
  134  administer for each course offered in the district a local
  135  assessment that measures student mastery of course content at
  136  the necessary level of rigor for the course. As adopted pursuant
  137  to State Board of Education rule, course content is set forth in
  138  the state standards required by s. 1003.41 and in the course
  139  description. Local assessments may include:
  140         1. Statewide assessments.
  141         2. Other standardized assessments, including nationally
  142  recognized standardized assessments.
  143         3. Industry certification assessments.
  144         4. District-developed or district-selected end-of-course
  145  assessments.
  146         5. Teacher-selected or principal-selected assessments.
  147         (c) Each district school board must adopt policies for
  148  selection, development, administration, and scoring of local
  149  assessments and for collection of assessment results. Local
  150  assessments implemented under subparagraphs (b)4. and 5. may
  151  include a variety of assessment formats, including, but not
  152  limited to, project-based assessments, adjudicated performances,
  153  and practical application assignments. For all English Language
  154  Arts, mathematics, science, and social studies courses offered
  155  in the district that are used to meet graduation requirements
  156  under s. 1002.3105, s. 1003.4281, or s. 1003.4282 and that are
  157  not otherwise assessed by statewide, standardized assessments,
  158  the district school board must select the assessments described
  159  in subparagraphs (b)1.-4.
  160         (d) The Commissioner of Education shall identify methods to
  161  assist and support districts in the development and acquisition
  162  of local assessments required under this subsection. Methods may
  163  include developing item banks, facilitating the sharing of
  164  developed tests among school districts, acquiring assessments
  165  from state and national curriculum-area organizations, and
  166  providing technical assistance in best professional practices of
  167  test development based upon state-adopted curriculum standards,
  168  administration, and security.
  169         (c)(e) Each school district shall establish schedules for
  170  the administration of any district-required local district
  171  mandated assessment and approve the schedules as an agenda item
  172  at a district school board meeting. A school district may not
  173  schedule more than 5 percent of a student’s total school hours
  174  in a school year to administer statewide, standardized
  175  assessments and district-required local assessments. The
  176  district must secure written consent from a student’s parent
  177  before administering district-required local assessments that,
  178  after applicable statewide, standardized assessments are
  179  scheduled, exceed the 5 percent test administration limit for
  180  that student under this paragraph. The 5 percent test
  181  administration limit for a student under this paragraph may be
  182  exceeded as needed to provide test accommodations that are
  183  required by an IEP or are appropriate for an English language
  184  learner who is currently receiving services in a program
  185  operated in accordance with an approved English language learner
  186  district plan pursuant to s. 1003.56. Notwithstanding this
  187  paragraph, a student may choose within a school year to take an
  188  examination or assessment adopted by State Board of Education
  189  rule pursuant to this section and ss. 1007.27, 1008.30, and
  190  1008.44. The school district shall adopt its publish the testing
  191  schedule for statewide, standardized assessments and district
  192  required local assessments schedules on its website, clearly
  193  specifying the estimates of average time for administering such
  194  assessment by grade level. The district shall publish on its
  195  website district-mandated assessments, and report the schedules
  196  to the Department of Education, in a format prescribed by the
  197  department, by October 1 of each year.
  198         Section 3. Subsection (3) of section 1008.24, Florida
  199  Statutes, is amended to read:
  200         1008.24 Test administration and security; public records
  201  exemption.—
  202         (3)(a) A school district may contract with qualified
  203  contractors to administer and proctor statewide, standardized
  204  assessments required under s. 1008.22 or assessments associated
  205  with Florida approved courses under s. 1003.499, as approved by
  206  the Department of Education in accordance with rules of the
  207  State Board of Education. Assessments may be administered or
  208  proctored by qualified contractors at sites that meet criteria
  209  established by rules of the State Board of Education and adopted
  210  pursuant to ss. 120.536(1) and 120.54 to implement the
  211  contracting requirements of this subsection.
  212         (b) A school district may use district employees, such as
  213  education paraprofessionals as described in s. 1012.37, to
  214  administer and proctor statewide, standardized assessments
  215  required under s. 1008.22 or assessments associated with Florida
  216  approved courses under s. 1003.499, in accordance with this
  217  section and related rules adopted by the State Board of
  218  Education. The rules must establish training requirements that
  219  must be successfully completed by district employees prior to
  220  the employees performing duties pursuant this paragraph.
  221         Section 4. Paragraph (b) of subsection (2), subsections (3)
  222  and (4), paragraphs (a) and (c) of subsection (5), and paragraph
  223  (a) of subsection (8) of section 1008.25, Florida Statutes, are
  224  amended to read:
  225         1008.25 Public school student progression; remedial
  226  instruction; reporting requirements.—
  227         (2) COMPREHENSIVE STUDENT PROGRESSION PLAN.—Each district
  228  school board shall establish a comprehensive plan for student
  229  progression which must:
  230         (b) Identify the Provide specific levels of performance in
  231  reading, writing, science, and mathematics for each grade level,
  232  including the levels of performance on the statewide,
  233  standardized assessments required by s. 1008.22 as defined by
  234  the commissioner, below which a student, pursuant to subsection
  235  (4), must receive remediation or be retained within an intensive
  236  program that is different from the previous year’s program and
  237  that takes into account the student’s learning style.
  238         (3) ALLOCATION OF RESOURCES.—District school boards shall
  239  allocate remedial and supplemental instruction resources to
  240  students in the following priority:
  241         (a) Students who are deficient in reading by the end of
  242  grade 3.
  243         (b) Students who fail to meet performance levels required
  244  for promotion consistent with the district school board’s plan
  245  for student progression required in paragraph (2)(b).
  246         (4) ASSESSMENT AND REMEDIATION.—
  247         (a) Each student must participate in the statewide,
  248  standardized assessment program required by s. 1008.22. Each
  249  student who does not meet specific levels of performance on the
  250  required assessments as determined by the district school board
  251  or who scores below Level 3 on the statewide, standardized
  252  Reading assessment or, upon implementation, the English Language
  253  Arts assessment or on the statewide, standardized Mathematics
  254  assessments in grades 3 through 8 and the Algebra I EOC
  255  assessment must be provided with additional diagnostic
  256  assessments to determine the nature of the student’s difficulty,
  257  the areas of academic need, and strategies for appropriate
  258  intervention and instruction as described in paragraph (b).
  259         (b) The school in which the student is enrolled must
  260  develop, in consultation with the student’s parent, and must
  261  implement a progress monitoring plan. A progress monitoring plan
  262  is intended to provide the school district and the school
  263  flexibility in meeting the academic needs of the student and to
  264  reduce paperwork. A student who is not meeting the school
  265  district or state requirements for proficiency in reading and
  266  mathematics shall be covered by one of the following plans to
  267  target instruction and identify ways to improve his or her
  268  academic achievement:
  269         1. A federally required student plan such as an individual
  270  education plan;
  271         2. A schoolwide system of progress monitoring for all
  272  students; or
  273         2.3. An individualized progress monitoring plan.
  274  
  275  The plan chosen must be designed to assist the student or the
  276  school in meeting state and district expectations for
  277  proficiency. If the student has been identified as having a
  278  deficiency in reading, the K-12 comprehensive reading plan
  279  required by s. 1011.62(9) shall include instructional and
  280  support services to be provided to meet the desired levels of
  281  performance. District school boards may require low-performing
  282  students to attend remediation programs held before or after
  283  regular school hours or during the summer if transportation is
  284  provided.
  285         (c) Upon subsequent evaluation, if the documented
  286  deficiency has not been remediated, the student may be retained.
  287  Each student who does not meet the minimum performance
  288  expectations identified in paragraph (2)(b) defined by the
  289  Commissioner of Education for the statewide assessment tests in
  290  reading, writing, science, and mathematics must continue to be
  291  provided with remedial or supplemental instruction until the
  292  expectations are met or the student graduates from high school
  293  or is not subject to compulsory school attendance.
  294         (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
  295         (a) Any student who exhibits a substantial deficiency in
  296  reading, based upon locally determined or statewide assessments
  297  conducted in kindergarten or grade 1, grade 2, or grade 3, such
  298  as the statewide kindergarten screening administered under s.
  299  1002.69 and subsequent related reading readiness screening or
  300  through teacher observations, must be given intensive reading
  301  instruction immediately following the identification of the
  302  reading deficiency. The student’s reading proficiency must be
  303  reassessed by locally determined assessments or through teacher
  304  observations at the beginning of the grade following the
  305  intensive reading instruction. The student must continue to be
  306  provided with intensive reading instruction until the reading
  307  deficiency is remedied.
  308         (c) The parent of any student who exhibits a substantial
  309  deficiency in reading, as described in paragraph (a), must be
  310  notified in writing of the following:
  311         1. That his or her child has been identified as having a
  312  substantial deficiency in reading.
  313         2. A description of the current services that are provided
  314  to the child.
  315         3. A description of the proposed supplemental instructional
  316  services and supports that will be provided to the child that
  317  are designed to remediate the identified area of reading
  318  deficiency.
  319         4. That if the child’s reading deficiency is not remediated
  320  by the end of grade 3, the child must be retained unless he or
  321  she is exempt from mandatory retention for good cause.
  322         5. Strategies for parents to use in helping their child
  323  succeed in reading proficiency.
  324         6. That the statewide, standardized assessment required
  325  under s. 1008.22 Florida Comprehensive Assessment Test (FCAT) is
  326  not the sole determiner of promotion and that additional
  327  evaluations, portfolio reviews, and assessments are available to
  328  the child to assist parents and the school district in knowing
  329  when a child is reading at or above grade level and ready for
  330  grade promotion.
  331         7. The district’s specific criteria and policies for a
  332  portfolio as provided in subparagraph (6)(b)4. and the evidence
  333  required for a student to demonstrate mastery of Florida’s
  334  academic standards for English Language Arts. A parent of a
  335  student in grade 3 who is identified anytime during the year as
  336  being at risk of retention may request that the school
  337  immediately begin collecting evidence for a portfolio.
  338         8. The district’s specific criteria and policies for
  339  midyear promotion. Midyear promotion means promotion of a
  340  retained student at any time during the year of retention once
  341  the student has demonstrated ability to read at grade level.
  342         (8) ANNUAL REPORT.—
  343         (a) In addition to the requirements in paragraph (5)(b),
  344  each district school board must annually report to the parent of
  345  each student the progress of the student toward achieving state
  346  and district expectations for proficiency in reading, writing,
  347  science, and mathematics. The district school board must report
  348  to the parent the student’s results on each statewide assessment
  349  test. The evaluation of each student’s progress must be based
  350  upon the student’s classroom work, observations, tests, district
  351  and state assessments, and other relevant information. Progress
  352  reporting must be provided to the parent in writing in a format
  353  adopted by the district school board.
  354         Section 5. Subsections (1) and (3) of section 1008.30,
  355  Florida Statutes, are amended to read:
  356         1008.30 Common placement testing for public postsecondary
  357  education.—
  358         (1) The State Board of Education, in conjunction with the
  359  Board of Governors, shall develop and implement a common
  360  placement test for the purpose of assessing the basic
  361  computation and communication skills of students who intend to
  362  enter a degree program at any public postsecondary educational
  363  institution. Alternative assessments, such as the SAT, the ACT,
  364  and other assessments identified by rule, that may be accepted
  365  in lieu of the common placement test shall also be identified in
  366  rule. Public postsecondary educational institutions shall
  367  provide appropriate modifications of the test instruments or
  368  test procedures for students with disabilities.
  369         (3) The State Board of Education shall adopt rules that
  370  authorize require high schools, at the request of a parent, to
  371  evaluate before the beginning of grade 12 the college readiness
  372  of a each student who scores Level 2 or Level 3 on grade 10 FCAT
  373  Reading or the English Language Arts assessment under s.
  374  1008.22, as applicable, or Level 2, Level 3, or Level 4 on the
  375  Algebra I assessment under s. 1008.22. High schools may shall
  376  perform this evaluation using results from the corresponding
  377  component of the common placement test prescribed in this
  378  section, or an alternative test identified by the State Board of
  379  Education, such as the SAT, the ACT, and other assessments
  380  identified by rule. The high school shall use the results of the
  381  test to advise the students of any identified deficiencies and
  382  to recommend provide 12th grade students , and require them to
  383  complete, appropriate postsecondary preparatory instruction
  384  before high school graduation as an option to grade 12 students.
  385  The curriculum provided under this subsection shall be
  386  identified in rule by the State Board of Education and encompass
  387  Florida’s Postsecondary Readiness Competencies. Other elective
  388  courses may not be substituted for the selected postsecondary
  389  mathematics, reading, writing, or English Language Arts
  390  preparatory course unless the elective course covers the same
  391  competencies included in the postsecondary mathematics, reading,
  392  writing, or English Language Arts preparatory course.
  393         Section 6. Subsection (7) of section 1008.34, Florida
  394  Statutes, is amended to read:
  395         1008.34 School grading system; school report cards;
  396  district grade.—
  397         (7) TRANSITION.—School grades pursuant to this section and
  398  school improvement ratings pursuant to s. 1008.341 for the 2013
  399  2014 school year shall be calculated based on statutes and rules
  400  in effect on June 30, 2014. To assist in the transition to 2014
  401  2015 school grades and school improvement ratings, calculated
  402  based on new statewide, standardized assessments administered
  403  pursuant to s. 1008.22, the 2014-2015 school grades and school
  404  improvement ratings shall serve as an informational baseline for
  405  schools to work toward improved performance in future years.
  406  Accordingly, notwithstanding any other provision of law:
  407         (a) A school may not be required to select and implement a
  408  turnaround option pursuant to s. 1008.33 in the 2015-2016 school
  409  year based on the school’s 2014-2015 grade or school improvement
  410  rating under s. 1008.341, as applicable. The benefits of s.
  411  1008.33(4)(c), relating to a school being released from
  412  implementation of the turnaround option, and s. 1008.33(4)(d),
  413  relating to a school implementing strategies identified in its
  414  school improvement plan, apply to a school using turnaround
  415  options pursuant to s. 1008.33 which improves at least one
  416  letter grade during the 2014-2015 school year.
  417         (b)1. A school or approved provider under s. 1002.45 which
  418  that receives the same or a lower school grade or school
  419  improvement rating for the 2014-2015 school year compared to the
  420  2013-2014 school year is not subject to sanctions or penalties
  421  that would otherwise occur as a result of the 2014-2015 school
  422  grade or rating. A charter school system or a school district
  423  designated as high performing may not lose the designation based
  424  on the 2014-2015 school grades of any of the schools within the
  425  charter school system or school district, as applicable.
  426         2. The Florida School Recognition Program established under
  427  s. 1008.36 shall continue to be implemented as otherwise
  428  provided in the General Appropriations Act.
  429         (c) For purposes of determining grade 3 retention pursuant
  430  to s. 1008.25(5) and high school graduation pursuant to s.
  431  1003.4282, student performance on the 2014-2015 statewide,
  432  standardized assessments shall be linked to 2013-2014 student
  433  performance expectations.
  434  
  435  This subsection is repealed July 1, 2017.
  436         Section 7. Paragraphs (b) and (c) of subsection (1),
  437  paragraphs (a), (b), and (c) of subsection (3), and subsections
  438  (6), (7), (8), and (10) of section 1012.34, Florida Statutes,
  439  are amended to read:
  440         1012.34 Personnel evaluation procedures and criteria.—
  441         (1) EVALUATION SYSTEM APPROVAL AND REPORTING.—
  442         (b) The department must approve each school district’s
  443  instructional personnel and school administrator evaluation
  444  systems. The department shall monitor each district’s
  445  implementation of its instructional personnel and school
  446  administrator evaluation systems for compliance with the
  447  requirements of this section and s. 1012.3401.
  448         (c) Annually, by December 1, the Commissioner of Education
  449  shall report to the Governor, the President of the Senate, and
  450  the Speaker of the House of Representatives the approval and
  451  implementation status of each school district’s instructional
  452  personnel and school administrator evaluation systems. The
  453  report shall include:
  454         1. Performance evaluation results for the prior school year
  455  for instructional personnel and school administrators using the
  456  four levels of performance specified in paragraph (2)(e). The
  457  performance evaluation results for instructional personnel shall
  458  be disaggregated by classroom teachers, as defined in s.
  459  1012.01(2)(a), excluding substitute teachers, and all other
  460  instructional personnel, as defined in s. 1012.01(2)(b)–(d).
  461         2. An analysis that compares performance evaluation results
  462  calculated by each school district to indicators of performance
  463  calculated by the department using the standards for performance
  464  levels adopted by the state board under subsection (8).
  465         3.The commissioner shall include in the report Each
  466  district’s performance-level standards established under
  467  subsection (7)., a comparative analysis of the district’s
  468  student academic performance results and evaluation results,
  469         4. Data reported under s. 1012.341, and the status of any
  470  evaluation system revisions requested by a school district
  471  pursuant to subsection (6).
  472         (3) EVALUATION PROCEDURES AND CRITERIA.—Instructional
  473  personnel and school administrator performance evaluations must
  474  be based upon the performance of students assigned to their
  475  classrooms or schools, as provided in this section. Pursuant to
  476  this section, a school district’s performance evaluation is not
  477  limited to basing unsatisfactory performance of instructional
  478  personnel and school administrators solely upon student
  479  performance, but may include other criteria approved to evaluate
  480  instructional personnel and school administrators’ performance,
  481  or any combination of student performance and other approved
  482  criteria. Evaluation procedures and criteria must comply with,
  483  but are not limited to, the following:
  484         (a) A performance evaluation must be conducted for each
  485  employee at least once a year, except that a classroom teacher,
  486  as defined in s. 1012.01(2)(a), excluding substitute teachers,
  487  who is newly hired by the district school board must be observed
  488  and evaluated at least twice in the first year of teaching in
  489  the school district. The performance evaluation must be based
  490  upon sound educational principles and contemporary research in
  491  effective educational practices. The evaluation criteria must
  492  include:
  493         1. Performance of students.—At least 33 50 percent of a
  494  performance evaluation must be based upon data and indicators of
  495  student performance in accordance with subsection (7) learning
  496  growth assessed annually by statewide assessments or, for
  497  subjects and grade levels not measured by statewide assessments,
  498  by school district assessments as provided in s. 1008.22(6).
  499  Each school district must use the formula adopted pursuant to
  500  paragraph (7)(a) for measuring student learning growth in all
  501  courses associated with statewide assessments and must select an
  502  equally appropriate formula for measuring student learning
  503  growth for all other grades and subjects, except as otherwise
  504  provided in subsection (7).
  505         a. For classroom teachers, as defined in s. 1012.01(2)(a),
  506  excluding substitute teachers, the student learning growth This
  507  portion of the evaluation must include growth or achievement
  508  data of the teacher’s students or, for a school administrator,
  509  the students attending the school for students assigned to the
  510  teacher over the course of at least 3 years. If less than 3
  511  years of data are available, the years for which data are
  512  available must be used. The proportion of growth or achievement
  513  data may be determined by instructional assignment and the
  514  percentage of the evaluation based upon student learning growth
  515  may be reduced to not less than 40 percent.
  516         b. For instructional personnel who are not classroom
  517  teachers, the student learning growth portion of the evaluation
  518  must include growth data on statewide assessments for students
  519  assigned to the instructional personnel over the course of at
  520  least 3 years, or may include a combination of student learning
  521  growth data and other measurable student outcomes that are
  522  specific to the assigned position, provided that the student
  523  learning growth data accounts for not less than 30 percent of
  524  the evaluation. If less than 3 years of student growth data are
  525  available, the years for which data are available must be used
  526  and the percentage of the evaluation based upon student learning
  527  growth may be reduced to not less than 20 percent.
  528         c. For school administrators, the student learning growth
  529  portion of the evaluation must include growth data for students
  530  assigned to the school over the course of at least 3 years. If
  531  less than 3 years of data are available, the years for which
  532  data are available must be used and the percentage of the
  533  evaluation based upon student learning growth may be reduced to
  534  not less than 40 percent.
  535         2. Instructional practice.—For instructional personnel, at
  536  least 33 percent of the performance evaluation must be based
  537  upon instructional practice. Evaluation criteria used when
  538  annually observing classroom teachers, as defined in s.
  539  1012.01(2)(a), excluding substitute teachers, must include
  540  indicators based upon each of the Florida Educator Accomplished
  541  Practices adopted by the State Board of Education. Observations
  542  must be used by administrative personnel to evaluate the
  543  performance of classroom teachers. For instructional personnel
  544  who are not classroom teachers, evaluation criteria must be
  545  based upon indicators of the Florida Educator Accomplished
  546  Practices and may include specific job expectations related to
  547  student support.
  548         3. Instructional leadership.—For school administrators, at
  549  least 30 percent of the performance evaluation must be based on
  550  instructional leadership. Evaluation criteria for instructional
  551  leadership must include indicators based upon each of the
  552  leadership standards adopted by the State Board of Education
  553  under s. 1012.986, including performance measures related to the
  554  effectiveness of classroom teachers in the school, the
  555  administrator’s appropriate use of evaluation criteria and
  556  procedures, recruitment and retention of effective and highly
  557  effective classroom teachers, improvement in the percentage of
  558  instructional personnel evaluated at the highly effective or
  559  effective level, and other leadership practices that result in
  560  student learning growth. The system may include a means to give
  561  parents and instructional personnel an opportunity to provide
  562  input into the administrator’s performance evaluation.
  563         4. Other indicators of performance Professional and job
  564  responsibilities.—For instructional personnel and school
  565  administrators, no more than 33 percent of a performance
  566  evaluation must include other professional and job
  567  responsibilities must be included as recommended adopted by the
  568  State Board of Education or identified by the district school
  569  board and, for instructional personnel, peer reviews,
  570  objectively reliable survey information from students and
  571  parents based on teaching practices that are consistently
  572  associated with higher student achievement, and other valid and
  573  reliable measures of instructional practice. The district school
  574  board may identify additional professional and job
  575  responsibilities.
  576         (b) All personnel must be fully informed of the criteria,
  577  data sources, methodologies and procedures associated with the
  578  evaluation process before the evaluation takes place.
  579         (c) The individual responsible for supervising the employee
  580  must evaluate the employee’s performance. The evaluation system
  581  may provide for the evaluator to consider input from other
  582  personnel trained under subsection (2) paragraph (2)(f). The
  583  evaluator must submit a written report of the evaluation to the
  584  district school superintendent for the purpose of reviewing the
  585  employee’s contract. The evaluator must submit the written
  586  report to the employee no later than 10 days after the
  587  evaluation takes place. The evaluator must discuss the written
  588  evaluation report with the employee. The employee shall have the
  589  right to initiate a written response to the evaluation, and the
  590  response shall become a permanent attachment to his or her
  591  personnel file.
  592         (6) ANNUAL REVIEW OF AND REVISIONS TO THE SCHOOL DISTRICT
  593  EVALUATION SYSTEMS.—The district school board shall establish a
  594  procedure for annually reviewing instructional personnel and
  595  school administrator evaluation systems to determine compliance
  596  with this section and s. 1012.3401. All substantial revisions to
  597  an approved system must be reviewed and approved by the district
  598  school board before being used to evaluate instructional
  599  personnel or school administrators. Upon request by a school
  600  district, the department shall provide assistance in developing,
  601  improving, or reviewing an evaluation system.
  602         (7) MEASUREMENT OF STUDENT PERFORMANCE LEARNING GROWTH.—
  603         (a) The Commissioner of Education shall approve a formula
  604  to measure individual student learning growth on the statewide,
  605  standardized assessments in English Language Arts and
  606  mathematics administered under s. 1008.22. The formula must take
  607  into consideration each student’s prior academic performance.
  608  The formula must not set different expectations for student
  609  learning growth based upon a student’s gender, race, ethnicity,
  610  or socioeconomic status. In the development of the formula, the
  611  commissioner shall consider other factors such as a student’s
  612  attendance record, disability status, or status as an English
  613  language learner. The commissioner may shall select additional
  614  formulas to measure student performance as appropriate for the
  615  remainder of the statewide, standardized assessments included
  616  under s. 1008.22 and continue to select formulas as new
  617  assessments are implemented in the state system. After the
  618  commissioner approves the formula to measure individual student
  619  learning growth, the State Board of Education shall adopt these
  620  formulas in rule.
  621         (b) For courses associated with the statewide, standardized
  622  assessments under s. 1008.22, each school district shall measure
  623  student learning growth using the formulas approved by the
  624  commissioner under paragraph (a) and the standards for
  625  performance levels adopted by the state board under subsection
  626  (8) for courses associated with the statewide, standardized
  627  assessments administered under s. 1008.22 no later than the
  628  school year immediately following the year the formula is
  629  approved by the commissioner.
  630         (c) For grades and subjects not assessed by statewide,
  631  standardized assessments, but otherwise locally assessed
  632  pursuant to s. 1008.22(6)(c) as required under s. 1008.22(6),
  633  each school district shall measure student performance of
  634  students using a methodology determined by the district.
  635  However, a school district may not administer an additional,
  636  final cumulative local assessment for a course measured under a
  637  statewide, standardized end-of-course assessment. As provided in
  638  state board rule, course content is set forth in the state
  639  standards required under s. 1003.41 and in the course
  640  description for the course as provided in the course code
  641  directory.
  642         (d) School districts shall, for all educator performance
  643  evaluations and related student performance results:
  644         1. Determine the data sources, methodologies and
  645  proportions of student performance data used in each educator’s
  646  evaluation based on the educator’s school, classroom, or other
  647  instructional assignments; except that each school district must
  648  include data and student learning growth using the formulas
  649  approved by the commissioner pursuant to paragraph (a) and the
  650  standards for performance levels adopted by the state board
  651  pursuant to subsection (8).
  652         2. Provide that, for instructional personnel or school
  653  administrator to be eligible for salary adjustment under the
  654  performance salary schedule pursuant to s. 1012.22(1)(c)5.c.,
  655  the student performance component of the educator’s performance
  656  evaluation be based on a statewide, standardized assessment
  657  pursuant to s. 1008.22; a district-approved assessment; or a
  658  combination of both, as applicable to the educator’s
  659  assignments.
  660         3. Adopt, report, and provide to the public the district’s
  661  administration schedules for statewide assessments and local
  662  assessments in compliance with timelines and requirements
  663  established in s. 1008.22.
  664         4. Provide parents and teachers with student performance
  665  results on district-required assessments and the statewide,
  666  standardized assessments within the timeframe requirements
  667  established in s. 1008.22. The department shall provide models
  668  for measuring performance of students which school districts may
  669  adopt.
  670         (c) For a course that is not measured by a statewide,
  671  standardized assessment, a school district may request, through
  672  the evaluation system approval process, to use a student’s
  673  achievement level rather than student learning growth if
  674  achievement is demonstrated to be a more appropriate measure of
  675  classroom teacher performance. A school district may also
  676  request to use a combination of student learning growth and
  677  achievement, if appropriate.
  678         (d) For a course that is not measured by a statewide,
  679  standardized assessment, a school district may request, through
  680  the evaluation system approval process, that the performance
  681  evaluation for the classroom teacher assigned to that course
  682  include the learning growth of his or her students on one or
  683  more statewide, standardized assessments. The request must
  684  clearly explain the rationale supporting the request.
  685         (e) For purposes of this section and only for the 2014-2015
  686  school year, a school district may use measurable learning
  687  targets on local assessments administered under s. 1008.22(6) to
  688  evaluate the performance of students portion of a classroom
  689  teacher’s evaluation for courses that are not assessed by
  690  statewide, standardized assessments. Learning targets must be
  691  approved by the school principal. A district school
  692  superintendent may assign to instructional personnel in an
  693  instructional team the student learning growth of the
  694  instructional team’s students on statewide assessments. This
  695  paragraph expires July 1, 2015.
  696         (8) RULEMAKING.—No later than August 1, 2015, the State
  697  Board of Education shall adopt rules pursuant to ss. 120.536(1)
  698  and 120.54 which establish uniform procedures and the format for
  699  the submission, review, and approval of district evaluation
  700  systems and reporting requirements for the annual evaluation of
  701  instructional personnel and school administrators; specific,
  702  discrete standards for each performance level required under
  703  subsection (2), based on student learning growth models approved
  704  by the commissioner, to ensure clear and sufficient
  705  differentiation in the performance levels and to provide
  706  consistency in meaning across school districts; the measurement
  707  of student learning growth and associated implementation
  708  procedures required under subsection (7); and a process for
  709  monitoring school district implementation of evaluation systems
  710  in accordance with this section. Specifically, the rules shall
  711  establish student performance levels that if not met will result
  712  in the employee receiving an unsatisfactory performance
  713  evaluation rating. In like manner, the rules shall establish a
  714  student performance level that must be met in order for an
  715  employee to receive a highly effective rating and a student
  716  learning growth standard that must be met in order for an
  717  employee to receive an effective rating.
  718         (10) DISTRICT BONUS REWARDS FOR PERFORMANCE PAY BASED ON
  719  EVALUATION PROGRESS.—School districts are eligible for bonus
  720  rewards as provided for in the 2014 General Appropriations Act
  721  for making outstanding progress toward educator effectiveness,
  722  including implementation of instructional personnel salaries
  723  based on performance results under s. 1012.34 and the use of
  724  local assessment results in personnel evaluations when
  725  statewide, standardized assessments are not administered.
  726         Section 8. Section 1012.3401, Florida Statutes, is
  727  repealed.
  728         Section 9. School district contingency plan.
  729  Notwithstanding s. 1008.34(7), Florida Statutes, a school
  730  district may, by majority vote of the district school board,
  731  request approval from the State Board of Education to waive all
  732  requirements and benefits specified in ss. 1008.34(7), 1008.36,
  733  and 1003.621, Florida Statutes, and instead use results from
  734  student performance on the new statewide, standardized
  735  assessments administered in the 2014-2015 school year pursuant
  736  to s. 1008.22, Florida Statutes, for diagnostic and baseline
  737  purposes only.
  738         (1) A school district’s request must be submitted to the
  739  Commissioner of Education by the school district superintendent
  740  during the period from the last day of administration of
  741  statewide, standardized assessments through June 5, 2015, in
  742  accordance with the guidelines established by the commissioner.
  743  At a minimum, the request, must include identification of:
  744         (a) The scope of the request, to apply either to the school
  745  district or to a school or certain schools within the school
  746  district. The request must be made at a district or school
  747  level. The request may not be made at a grade level, a subject
  748  area level, or another level.
  749         (b) The reason for the request, including a description of
  750  the systemic or unique technical implementation failure.
  751  Quantifiable data substantiating the reason for such failure
  752  must accompany the request. A school district’s inability to
  753  assess the minimum percentage of students pursuant to ss.
  754  1008.34 and 1008.341, Florida Statutes, does not constitute a
  755  reasonable justification for requesting the waiver under this
  756  section.
  757         (c) The school district’s corrective action plan, which has
  758  been adopted by the district school board, and certification
  759  that the identified technical implementation failure must be
  760  resolved in time for successful administration of the statewide,
  761  standardized assessments during the 2015-2016 school year and
  762  each school year thereafter. The district must identify how the
  763  district plans to allocate resources and technical assistance
  764  that the district needs from the Department of Education to
  765  facilitate the district’s successful resolution of technical
  766  deficiencies.
  767         (d) The school district’s plan for using the diagnostic
  768  data to facilitate continuous improvement in student performance
  769  and the effectiveness of schools, instructional personnel, and
  770  school administrators; public reporting on the performance of
  771  students, schools, and the district; and informing parents about
  772  instruction associated with remediation and retention and
  773  options available to students including acceleration,
  774  graduation, and school choice. The district must also describe
  775  its plans for implementing student progression plans,
  776  performance evaluations of instructional personnel and school
  777  administrators, performance salary schedule requirements, and
  778  other uses as identified by the commissioner.
  779         (2) The commissioner shall review each request for a waiver
  780  and consult with the applicable school district superintendent.
  781  The commissioner shall make, and provide reasons for,
  782  recommendations to the State Board of Education regarding
  783  granting or denying a request for waiver. The state board may
  784  consider recommendations made by the commissioner to approve or
  785  deny school district requests. Notwithstanding any other
  786  provision of law, the commissioner’s recommendation to approve a
  787  request may, after consultation with the school district
  788  superintendent, include conditional requirements that must apply
  789  if approved by the state board. The decision of the state board,
  790  including any modifications adopted by the state board, is
  791  final.
  792         (3) For only the 2014-2015 school year, if a waiver is
  793  granted under this section:
  794         (a) A school or a school district may not receive a school
  795  grade, school improvement rating, or school district grade, as
  796  applicable.
  797         (b) A school may, at the school district’s discretion,
  798  choose to use new statewide, standardized assessment results in
  799  performance evaluations of instructional personnel and school
  800  administrators.
  801         (c) A school district shall continue to have its student
  802  performance results included in the statewide, standardized
  803  assessment results published by the department pursuant to s.
  804  1008.22, Florida Statutes.
  805         (d) A school shall forfeit eligibility to earn school
  806  recognition funds pursuant to s. 1008.36, Florida Statutes, as
  807  provided in the General Appropriations Act.
  808         (e) A school district shall forfeit the district’s
  809  eligibility to earn the designation and benefits associated with
  810  high performing school districts pursuant to s. 1003.621,
  811  Florida Statutes.
  812  
  813  This section expires July 1, 2016.
  814         Section 10. The Office of Program Policy Analysis and
  815  Government Accountability (OPPAGA) shall conduct a year-long
  816  study, beginning no later than August 1, 2015, to assess the
  817  cost-effectiveness of the leasing of examination questions by
  818  the Department of Education from the American Institute for
  819  Research as compared with using questions from an existing
  820  examination. No later than December 1, 2016, OPPAGA shall
  821  provide a report summarizing the findings of the study to the
  822  President of the Senate and the Speaker of the House of
  823  Representatives.
  824         Section 11. Paragraph (a) of subsection (5) of section
  825  1003.4282, Florida Statutes, is amended to read:
  826         1003.4282 Requirements for a standard high school diploma.—
  827         (5) REMEDIATION FOR HIGH SCHOOL STUDENTS.—
  828         (a) Each year a student scores Level 1 or Level 2 on the
  829  statewide, standardized grade 9 or grade 10 Reading assessment
  830  or, when implemented, the grade 9 or, grade 10, or grade 11 ELA
  831  assessment, the student may, as an option to the student, enroll
  832  must be enrolled in and complete an intensive remedial course
  833  the following year or be placed in a content area course that
  834  includes remediation of skills not acquired by the student.
  835         Section 12. Paragraph (a) of subsection (1) of section
  836  1003.4285, Florida Statutes, is amended to read:
  837         1003.4285 Standard high school diploma designations.—
  838         (1) Each standard high school diploma shall include, as
  839  applicable, the following designations if the student meets the
  840  criteria set forth for the designation:
  841         (a) Scholar designation.—In addition to the requirements of
  842  s. 1003.4282, in order to earn the Scholar designation, a
  843  student must satisfy the following requirements:
  844         1. English Language Arts (ELA).—Beginning with students
  845  entering grade 9 in the 2014-2015 school year, pass the
  846  statewide, standardized grade 11 ELA assessment.
  847         2. Mathematics.—Earn one credit in Algebra II and one
  848  credit in statistics or an equally rigorous course. Beginning
  849  with students entering grade 9 in the 2014-2015 school year,
  850  pass the Algebra II and Geometry statewide, standardized
  851  assessments.
  852         2.3. Science.—Pass the statewide, standardized Biology I
  853  EOC assessment and earn one credit in chemistry or physics and
  854  one credit in a course equally rigorous to chemistry or physics.
  855  However, a student enrolled in an Advanced Placement (AP),
  856  International Baccalaureate (IB), or Advanced International
  857  Certificate of Education (AICE) Biology course who takes the
  858  respective AP, IB, or AICE Biology assessment and earns the
  859  minimum score necessary to earn college credit as identified
  860  pursuant to s. 1007.27(2) meets the requirement of this
  861  subparagraph without having to take the statewide, standardized
  862  Biology I EOC assessment.
  863         3.4. Social studies.—Pass the statewide, standardized
  864  United States History EOC assessment. However, a student
  865  enrolled in an AP, IB, or AICE course that includes United
  866  States History topics who takes the respective AP, IB, or AICE
  867  assessment and earns the minimum score necessary to earn college
  868  credit as identified pursuant to s. 1007.27(2) meets the
  869  requirement of this subparagraph without having to take the
  870  statewide, standardized United States History EOC assessment.
  871         4.5. Foreign language.—Earn two credits in the same foreign
  872  language.
  873         5.6. Electives.—Earn at least one credit in an Advanced
  874  Placement, an International Baccalaureate, an Advanced
  875  International Certificate of Education, or a dual enrollment
  876  course.
  877         Section 13. Paragraph (c) of subsection (1) of section
  878  1012.22, Florida Statutes, is amended to read:
  879         1012.22 Public school personnel; powers and duties of the
  880  district school board.—The district school board shall:
  881         (1) Designate positions to be filled, prescribe
  882  qualifications for those positions, and provide for the
  883  appointment, compensation, promotion, suspension, and dismissal
  884  of employees as follows, subject to the requirements of this
  885  chapter:
  886         (c) Compensation and salary schedules.—
  887         1. Definitions.—As used in this paragraph, the term:
  888         a. “Adjustment” means an addition to the base salary
  889  schedule that is not a bonus and becomes part of the employee’s
  890  permanent base salary and shall be considered compensation under
  891  s. 121.021(22).
  892         b. “Grandfathered salary schedule” means the salary
  893  schedule or schedules adopted by a district school board before
  894  July 1, 2014, pursuant to subparagraph 4.
  895         c. “Instructional personnel” means instructional personnel
  896  as defined in s. 1012.01(2)(a)-(d), excluding substitute
  897  teachers.
  898         d. “Performance salary schedule” means the salary schedule
  899  or schedules adopted by a district school board pursuant to
  900  subparagraph 5.
  901         e. “Salary schedule” means the schedule or schedules used
  902  to provide the base salary for district school board personnel.
  903         f. “School administrator” means a school administrator as
  904  defined in s. 1012.01(3)(c).
  905         g. “Supplement” means an annual addition to the base salary
  906  for the term of the negotiated supplement as long as the
  907  employee continues his or her employment for the purpose of the
  908  supplement. A supplement does not become part of the employee’s
  909  continuing base salary but shall be considered compensation
  910  under s. 121.021(22).
  911         2. Cost-of-living adjustment.—A district school board may
  912  provide a cost-of-living salary adjustment if the adjustment:
  913         a. Does not discriminate among comparable classes of
  914  employees based upon the salary schedule under which they are
  915  compensated.
  916         b. Does not exceed 50 percent of the annual adjustment
  917  provided to instructional personnel rated as effective.
  918         3. Advanced degrees.—A district school board may not use
  919  advanced degrees in setting a salary schedule for instructional
  920  personnel or school administrators hired on or after July 1,
  921  2011, unless the advanced degree is held in the individual’s
  922  area of certification and is only a salary supplement.
  923         4. Grandfathered salary schedule.—
  924         a. The district school board shall adopt a salary schedule
  925  or salary schedules to be used as the basis for paying all
  926  school employees hired before July 1, 2014. Instructional
  927  personnel on annual contract as of July 1, 2014, shall be placed
  928  on the performance salary schedule adopted under subparagraph 5.
  929  Instructional personnel on continuing contract or professional
  930  service contract may opt into the performance salary schedule if
  931  the employee relinquishes such contract and agrees to be
  932  employed on an annual contract under s. 1012.335. Such an
  933  employee shall be placed on the performance salary schedule and
  934  may not return to continuing contract or professional service
  935  contract status. Any employee who opts into the performance
  936  salary schedule may not return to the grandfathered salary
  937  schedule.
  938         b. In determining the grandfathered salary schedule for
  939  instructional personnel, a district school board must base a
  940  portion of each employee’s compensation upon performance
  941  demonstrated under s. 1012.34 and shall provide differentiated
  942  pay for both instructional personnel and school administrators
  943  based upon district-determined factors, including, but not
  944  limited to, additional responsibilities, school demographics,
  945  critical shortage areas, and level of job performance
  946  difficulties.
  947         5. Performance salary schedule.—By July 1, 2014, the
  948  district school board shall adopt a performance salary schedule
  949  that provides annual salary adjustments for instructional
  950  personnel and school administrators based upon performance
  951  determined under s. 1012.34. Employees hired on or after July 1,
  952  2014, or employees who choose to move from the grandfathered
  953  salary schedule to the performance salary schedule shall be
  954  compensated pursuant to the performance salary schedule once
  955  they have received the appropriate performance evaluation for
  956  this purpose. However, a classroom teacher whose performance
  957  evaluation uses utilizes student learning growth measures
  958  established under s. 1012.34(7)(c)3. s. 1012.34(7)(e) shall
  959  remain under the grandfathered salary schedule until his or her
  960  teaching assignment changes to a subject for which there is a
  961  statewide, standardized assessment or district-required local an
  962  assessment or the school district establishes equally
  963  appropriate measures of student learning growth as defined under
  964  s. 1012.34 and rules of the State Board of Education.
  965         a. Base salary.—The base salary shall be established as
  966  follows:
  967         (I) The base salary for instructional personnel or school
  968  administrators who opt into the performance salary schedule
  969  shall be the salary paid in the prior year, including
  970  adjustments only.
  971         (II) Beginning July 1, 2014, instructional personnel or
  972  school administrators new to the district, returning to the
  973  district after a break in service without an authorized leave of
  974  absence, or appointed for the first time to a position in the
  975  district in the capacity of instructional personnel or school
  976  administrator shall be placed on the performance salary
  977  schedule.
  978         b. Salary adjustments.—Salary adjustments for highly
  979  effective or effective performance shall be established as
  980  follows:
  981         (I) The annual salary adjustment under the performance
  982  salary schedule for an employee rated as highly effective must
  983  be greater than the highest annual salary adjustment available
  984  to an employee of the same classification through any other
  985  salary schedule adopted by the district.
  986         (II) The annual salary adjustment under the performance
  987  salary schedule for an employee rated as effective must be equal
  988  to at least 50 percent and no more than 75 percent of the annual
  989  adjustment provided for a highly effective employee of the same
  990  classification.
  991         (III) The performance salary schedule shall not provide an
  992  annual salary adjustment for an employee who receives a rating
  993  other than highly effective or effective for the year.
  994         c. Salary supplements.—In addition to the salary
  995  adjustments, each district school board shall provide for salary
  996  supplements for activities that must include, but are not
  997  limited to:
  998         (I) Assignment to a Title I eligible school.
  999         (II) Assignment to a school that earned a grade of “F” or
 1000  three consecutive grades of “D” pursuant to s. 1008.34 such that
 1001  the supplement remains in force for at least 1 year following
 1002  improved performance in that school.
 1003         (III) Certification and teaching in critical teacher
 1004  shortage areas. Statewide critical teacher shortage areas shall
 1005  be identified by the State Board of Education under s. 1012.07.
 1006  However, the district school board may identify other areas of
 1007  critical shortage within the school district for purposes of
 1008  this sub-sub-subparagraph and may remove areas identified by the
 1009  state board which do not apply within the school district.
 1010         (IV) Assignment of additional academic responsibilities.
 1011  
 1012  If budget constraints in any given year limit a district school
 1013  board’s ability to fully fund all adopted salary schedules, the
 1014  performance salary schedule may shall not be reduced on the
 1015  basis of total cost or the value of individual awards in a
 1016  manner that is proportionally greater than reductions to any
 1017  other salary schedules adopted by the district.
 1018         Section 14. This act shall take effect upon becoming a law.
 1019  
 1020  ================= T I T L E  A M E N D M E N T ================
 1021  And the title is amended as follows:
 1022         Delete everything before the enacting clause
 1023  and insert:
 1024                        A bill to be entitled                      
 1025         An act relating to education accountability; amending
 1026         s. 1001.03, F.S.; revising the powers of the State
 1027         Board of Education to require adoption of rules
 1028         regarding notification forms for grade 3 retention and
 1029         midyear promotion, and high school graduation
 1030         requirements and options; amending s. 1008.22, F.S.;
 1031         removing the requirement that English Language Arts
 1032         statewide assessments be administered to students in
 1033         grade 11; requiring that assessments be delivered
 1034         through computer-based testing; providing exceptions;
 1035         specifying minimum requirements for paper-based
 1036         administration of assessments; requiring that
 1037         performance results on specified assessments be
 1038         provided to teachers and parents within a specified
 1039         timeframe; providing applicability; requiring the
 1040         Department of Education to collect and distribute
 1041         liquidated damages relating to the administration of
 1042         specified assessments to school districts under
 1043         certain circumstances; prohibiting a school district
 1044         from administering a local assessment on a subject
 1045         measured under a statewide assessment; requiring a
 1046         school district to provide a student’s performance
 1047         results on local assessments within a specified
 1048         timeframe; revising requirements for the
 1049         administration of local assessments; restricting the
 1050         number of school hours that a school district may
 1051         dedicate to administer specified assessments;
 1052         providing exceptions; requiring a school district to
 1053         secure consent of a student’s parent if school hours
 1054         dedicated to the administration of local assessments
 1055         exceed the threshold amount; authorizing a student to
 1056         take an examination or assessment adopted pursuant to
 1057         State Board of Education rule; revising requirements
 1058         regarding the school district’s adoption and
 1059         publication of testing schedules; amending s. 1008.24,
 1060         F.S.; authorizing a school district to use district
 1061         employees to administer and proctor specified
 1062         assessments; providing minimum requirements for State
 1063         Board of Education rules regarding the training of
 1064         such employees; amending s. 1008.25, F.S.; revising
 1065         requirements for a district school board’s
 1066         comprehensive student progression plan; removing
 1067         references regarding local assessments; revising
 1068         requirements regarding instruction and reassessment of
 1069         students who exhibit a reading deficiency; amending s.
 1070         1008.30, F.S.; specifying alternative assessments that
 1071         may be accepted by public postsecondary educational
 1072         institutions in lieu of the common placement test;
 1073         revising requirements for state board rules regarding
 1074         common placement testing; authorizing, rather than
 1075         requiring, high schools to perform specified college
 1076         readiness evaluations; amending s. 1008.34, F.S.;
 1077         adding references to school improvement ratings;
 1078         specifying applicability of certain accountability
 1079         measures to schools using turnaround options; amending
 1080         s. 1012.34, F.S.; revising requirements for the
 1081         Commissioner of Education’s annual report to the
 1082         Governor and the Legislature regarding personnel
 1083         evaluation systems; revising the percentage thresholds
 1084         for performance evaluation criteria for instructional
 1085         personnel and school administrators; revising
 1086         requirements for the measurement of student
 1087         performance; prescribing requirements for school
 1088         districts regarding educator performance evaluations
 1089         and related student performance results; requiring the
 1090         state board to adopt rules by a certain date; revising
 1091         rule requirements; removing a provision regarding
 1092         district bonus awards; conforming cross-references;
 1093         repealing s. 1012.3401, F.S., relating to the
 1094         measurement of student performance in personnel
 1095         evaluations; authorizing a school district to request
 1096         approval from the state board to use student
 1097         performance results on new statewide assessments for
 1098         diagnostic and baseline purposes; requiring a district
 1099         school superintendent to submit the waiver request to
 1100         the Commissioner of Education; specifying required
 1101         content of a waiver request; requiring the
 1102         commissioner to review and make recommendations to the
 1103         state board regarding each waiver request; specifying
 1104         conditions and requirements for a school that is
 1105         granted a waiver for the 2014-2015 school year;
 1106         providing for expiration; requiring the Office of
 1107         Program Policy Analysis and Government Accountability
 1108         (OPPAGA) to complete a study regarding the leasing of
 1109         examination questions; requiring OPPAGA to submit a
 1110         report summarizing the study findings to the
 1111         Legislature by a specified date; amending ss.
 1112         1003.4282, 1003.4285, and 1012.22, F.S.; conforming
 1113         provisions to changes made by the act; providing an
 1114         effective date.