Florida Senate - 2015              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 616
       
       
       
       
       
                               Ì662578TÎ662578                          
       
       576-02556-15                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Education)
    1                        A bill to be entitled                      
    2         An act relating to education accountability; amending
    3         s. 1001.03, F.S.; revising the powers of the State
    4         Board of Education to require adoption of rules
    5         regarding notification forms for grade 3 retention and
    6         midyear promotion, and high school graduation
    7         requirements and options; amending s. 1008.22, F.S.;
    8         removing the requirement that English Language Arts
    9         statewide assessments be administered to students in
   10         grade 11; requiring that assessments be delivered
   11         through computer-based testing; providing exceptions;
   12         specifying minimum requirements for paper-based
   13         administration of assessments; requiring that
   14         performance results on specified assessments be
   15         provided to teachers and parents within a specified
   16         timeframe; providing applicability; requiring the
   17         Department of Education to collect and distribute
   18         liquidated damages relating to the administration of
   19         specified assessments to school districts under
   20         certain circumstances; prohibiting a school district
   21         from administering a local assessment on a subject
   22         measured under a statewide assessment; requiring a
   23         school district to provide a student’s performance
   24         results on local assessments within a specified
   25         timeframe; revising requirements for the
   26         administration of local assessments; restricting the
   27         number of school hours that a school district may
   28         dedicate to administer specified assessments;
   29         providing exceptions; requiring a school district to
   30         secure consent of a student’s parent if school hours
   31         dedicated to the administration of local assessments
   32         exceed the threshold amount; authorizing a student to
   33         take an examination or assessment adopted pursuant to
   34         State Board of Education rule; revising requirements
   35         regarding the school district’s adoption and
   36         publication of testing schedules; amending s. 1008.24,
   37         F.S.; authorizing a school district to use district
   38         employees to administer and proctor specified
   39         assessments; providing minimum requirements for State
   40         Board of Education rules regarding the training of
   41         such employees; amending s. 1008.25, F.S.; revising
   42         requirements for a district school board’s
   43         comprehensive student progression plan; removing
   44         references regarding local assessments; revising
   45         requirements regarding instruction and reassessment of
   46         students who exhibit a reading deficiency; amending s.
   47         1008.30, F.S.; specifying alternative assessments that
   48         may be accepted by public postsecondary educational
   49         institutions in lieu of the common placement test;
   50         revising requirements for state board rules regarding
   51         common placement testing; authorizing, rather than
   52         requiring, high schools to perform specified college
   53         readiness evaluations; amending s. 1008.34, F.S.;
   54         adding references to school improvement ratings;
   55         specifying applicability of certain accountability
   56         measures to schools using turnaround options; amending
   57         s. 1011.62, F.S.; requiring the Department of
   58         Education to contract with an independent, auditing
   59         entity if the administration of online assessments
   60         after a certain date does not comply with the minimum
   61         assessment protocols and requirements established by
   62         the department; requiring the auditing entity to
   63         perform certain duties; amending s. 1012.34, F.S.;
   64         revising requirements for the Commissioner of
   65         Education’s annual report to the Governor and the
   66         Legislature regarding personnel evaluation systems;
   67         revising the percentage thresholds for performance
   68         evaluation criteria for instructional personnel and
   69         school administrators; revising requirements for the
   70         measurement of student performance; prescribing
   71         requirements for school districts regarding educator
   72         performance evaluations and related student
   73         performance results; requiring the state board to
   74         adopt rules by a certain date; revising rule
   75         requirements; removing a provision regarding district
   76         bonus awards; conforming cross-references; repealing
   77         s. 1012.3401, F.S., relating to the measurement of
   78         student performance in personnel evaluations;
   79         authorizing a school district to request approval from
   80         the state board to use student performance results on
   81         new statewide assessments for diagnostic and baseline
   82         purposes; requiring a district school superintendent
   83         to submit the waiver request to the Commissioner of
   84         Education; specifying required content of a waiver
   85         request; requiring the commissioner to review and make
   86         recommendations to the state board regarding each
   87         waiver request; specifying conditions and requirements
   88         for a school that is granted a waiver for the 2014
   89         2015 school year; providing for expiration; requiring
   90         the Office of Program Policy Analysis and Government
   91         Accountability (OPPAGA) to complete a study regarding
   92         the leasing of examination questions; requiring OPPAGA
   93         to submit a report summarizing the study findings to
   94         the Legislature by a specified date; amending ss.
   95         1003.4282, 1003.4285, and 1012.22, F.S.; conforming
   96         provisions to changes made by the act; providing an
   97         effective date.
   98          
   99  Be It Enacted by the Legislature of the State of Florida:
  100  
  101         Section 1. Subsection (18) is added to section 1001.03,
  102  Florida Statutes, to read:
  103         1001.03 Specific powers of State Board of Education.—
  104         (18) PUBLICATION OF GRADE 3 RETENTION AND MIDYEAR PROMOTION
  105  AND HIGH SCHOOL GRADUATION REQUIREMENTS AND OPTIONS.—The State
  106  Board of Education shall adopt by rule:
  107         (a) A notification form that clearly identifies for parents
  108  and students the grade 3 retention and midyear promotion
  109  requirements, processes, and options, as well as the high school
  110  graduation requirements, processes, and options. The rule must
  111  require school districts to publish this notification form on
  112  their websites and include the form in annual student handbooks.
  113         (b) A requirement that school districts attach the
  114  notification form when providing student performance results to
  115  parents on statewide, standardized assessments administered
  116  pursuant to ss. 1002.69, 1003.56, and 1008.22.
  117         Section 2. Paragraphs (a), (d), and (h) of subsection (3)
  118  and subsection (6) of section 1008.22, Florida Statutes, are
  119  amended to read:
  120         1008.22 Student assessment program for public schools.—
  121         (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The
  122  Commissioner of Education shall design and implement a
  123  statewide, standardized assessment program aligned to the core
  124  curricular content established in the Next Generation Sunshine
  125  State Standards. The commissioner also must develop or select
  126  and implement a common battery of assessment tools that will be
  127  used in all juvenile justice education programs in the state.
  128  These tools must accurately measure the core curricular content
  129  established in the Next Generation Sunshine State Standards.
  130  Participation in the assessment program is mandatory for all
  131  school districts and all students attending public schools,
  132  including adult students seeking a standard high school diploma
  133  under s. 1003.4282 and students in Department of Juvenile
  134  Justice education programs, except as otherwise provided by law.
  135  If a student does not participate in the assessment program, the
  136  school district must notify the student’s parent and provide the
  137  parent with information regarding the implications of such
  138  nonparticipation. The statewide, standardized assessment program
  139  shall be designed and implemented as follows:
  140         (a) Statewide, standardized comprehensive assessments.—The
  141  statewide, standardized Reading assessment shall be administered
  142  annually in grades 3 through 10. The statewide, standardized
  143  Writing assessment shall be administered annually at least once
  144  at the elementary, middle, and high school levels. When the
  145  Reading and Writing assessments are replaced by English Language
  146  Arts (ELA) assessments, ELA assessments shall be administered to
  147  students in grades 3 through 10 11. Retake opportunities for the
  148  grade 10 Reading assessment or, upon implementation, the grade
  149  10 ELA assessment must be provided. Students taking the ELA
  150  assessments shall not take the statewide, standardized
  151  assessments in Reading or Writing. ELA assessments shall be
  152  administered online. The statewide, standardized Mathematics
  153  assessments shall be administered annually in grades 3 through
  154  8. Students taking a revised Mathematics assessment shall not
  155  take the discontinued assessment. The statewide, standardized
  156  Science assessment shall be administered annually at least once
  157  at the elementary and middle grades levels. In order to earn a
  158  standard high school diploma, a student who has not earned a
  159  passing score on the grade 10 Reading assessment or, upon
  160  implementation, the grade 10 ELA assessment must earn a passing
  161  score on the assessment retake or earn a concordant score as
  162  authorized under subsection (7).
  163         (d) Implementation schedule.—
  164         1. The Commissioner of Education shall establish and
  165  publish on the department’s website an implementation schedule
  166  to transition from the statewide, standardized Reading and
  167  Writing assessments to the ELA assessments and to the revised
  168  Mathematics assessments, including the Algebra I and Geometry
  169  EOC assessments. The schedule must take into consideration
  170  funding, sufficient field and baseline data, access to
  171  assessments, instructional alignment, and school district
  172  readiness to administer the assessments online. All such
  173  assessments must be delivered through computer-based testing.
  174  However, the following assessments must be delivered in a
  175  computer-based format, as follows: the grade 3 ELA assessment
  176  beginning in the 2017-2018 school year; the grade 3 mathematics
  177  assessment beginning in the 2016-2017 school year; the grade 4
  178  ELA assessment beginning in the 2015-2016 school year; and the
  179  grade 4 Mathematics assessment beginning in the 2016-2017 school
  180  year. Paper-based administrations of assessments must, at a
  181  minimum, include paper-based accommodations available for
  182  eligible students whose IEPs or Section 504 plans indicate a
  183  need for a paper-based format.
  184         2. The Department of Education shall publish minimum and
  185  recommended technology requirements that include specifications
  186  for hardware, software, networking, security, and broadband
  187  capacity to facilitate school district compliance with the
  188  requirement that assessments be administered online.
  189         (h) Contracts for assessments.—
  190         1. The commissioner shall provide for the assessments to be
  191  developed or obtained, as appropriate, through contracts and
  192  project agreements with private vendors, public vendors, public
  193  agencies, postsecondary educational institutions, or school
  194  districts. The commissioner may enter into contracts for the
  195  continued administration of the assessments authorized and
  196  funded by the Legislature. Contracts may be initiated in 1
  197  fiscal year and continue into the next fiscal year and may be
  198  paid from the appropriations of either or both fiscal years. The
  199  commissioner may negotiate for the sale or lease of tests,
  200  scoring protocols, test scoring services, and related materials
  201  developed pursuant to law.
  202         2. A student’s performance results on statewide,
  203  standardized comprehensive assessments, EOC assessments, and
  204  Florida Alternate Assessments administered pursuant to this
  205  subsection must be provided to the student’s teachers and
  206  parents within 30 days after administering such assessments.
  207  This subparagraph does not apply to existing contracts for such
  208  assessments, but shall apply to new contracts and any renewal of
  209  existing contracts for such assessments.
  210         3. If liquidated damages are applicable, the department
  211  shall collect and distribute liquidated damages that are due in
  212  response to the administration of the spring 2015 computer-based
  213  assessments of the department’s Florida Standards Assessment
  214  contract with American Institutes for Research, to school
  215  districts as determined by the Legislature.
  216         (6) LOCAL ASSESSMENTS.—
  217         (a) Measurement of student performance in all subjects and
  218  grade levels, except in those subjects and grade levels measured
  219  under the statewide, standardized assessment program described
  220  in this section, is the responsibility of the school districts.
  221  However, a school district may not administer an additional,
  222  cumulative final local assessment for a course measured under a
  223  statewide, standardized end-of-course assessment. A school
  224  district must provide a student’s performance results on
  225  district-required local assessments to the student’s teachers
  226  and parents within 30 days after administering such assessments.
  227         (b) Except for those subjects and grade levels measured
  228  under the statewide, standardized assessment program, beginning
  229  with the 2014-2015 school year, each school district shall
  230  administer for each course offered in the district a local
  231  assessment that measures student mastery of course content at
  232  the necessary level of rigor for the course. As adopted pursuant
  233  to State Board of Education rule, course content is set forth in
  234  the state standards required by s. 1003.41 and in the course
  235  description. Local assessments may include:
  236         1. Statewide assessments.
  237         2. Other standardized assessments, including nationally
  238  recognized standardized assessments.
  239         3. Industry certification assessments.
  240         4. District-developed or district-selected end-of-course
  241  assessments.
  242         5. Teacher-selected or principal-selected assessments.
  243         (c) Each district school board must adopt policies for
  244  selection, development, administration, and scoring of local
  245  assessments and for collection of assessment results. Local
  246  assessments implemented under subparagraphs (b)4. and 5. may
  247  include a variety of assessment formats, including, but not
  248  limited to, project-based assessments, adjudicated performances,
  249  and practical application assignments. For all English Language
  250  Arts, mathematics, science, and social studies courses offered
  251  in the district that are used to meet graduation requirements
  252  under s. 1002.3105, s. 1003.4281, or s. 1003.4282 and that are
  253  not otherwise assessed by statewide, standardized assessments,
  254  the district school board must select the assessments described
  255  in subparagraphs (b)1.-4.
  256         (d) The Commissioner of Education shall identify methods to
  257  assist and support districts in the development and acquisition
  258  of local assessments required under this subsection. Methods may
  259  include developing item banks, facilitating the sharing of
  260  developed tests among school districts, acquiring assessments
  261  from state and national curriculum-area organizations, and
  262  providing technical assistance in best professional practices of
  263  test development based upon state-adopted curriculum standards,
  264  administration, and security.
  265         (c)(e) Each school district shall establish schedules for
  266  the administration of any district-required local district
  267  mandated assessment and approve the schedules as an agenda item
  268  at a district school board meeting. A school district may not
  269  schedule more than 5 percent of a student’s total school hours
  270  in a school year to administer statewide, standardized
  271  assessments and district-required local assessments. The
  272  district must secure written consent from a student’s parent
  273  before administering district-required local assessments that,
  274  after applicable statewide, standardized assessments are
  275  scheduled, exceed the 5 percent test administration limit for
  276  that student under this paragraph. The 5 percent test
  277  administration limit for a student under this paragraph may be
  278  exceeded as needed to provide test accommodations that are
  279  required by an IEP or are appropriate for an English language
  280  learner who is currently receiving services in a program
  281  operated in accordance with an approved English language learner
  282  district plan pursuant to s. 1003.56. Notwithstanding this
  283  paragraph, a student may choose within a school year to take an
  284  examination or assessment adopted by State Board of Education
  285  rule pursuant to this section and ss. 1007.27, 1008.30, and
  286  1008.44. The school district shall adopt its publish the testing
  287  schedule for statewide, standardized assessments and district
  288  required local assessments schedules on its website, clearly
  289  specifying the estimates of average time for administering such
  290  assessment by grade level. The district shall publish on its
  291  website district-mandated assessments, and report the schedules
  292  to the Department of Education, in a format prescribed by the
  293  department, by October 1 of each year.
  294         Section 3. Subsection (3) of section 1008.24, Florida
  295  Statutes, is amended to read:
  296         1008.24 Test administration and security; public records
  297  exemption.—
  298         (3)(a) A school district may contract with qualified
  299  contractors to administer and proctor statewide, standardized
  300  assessments required under s. 1008.22 or assessments associated
  301  with Florida approved courses under s. 1003.499, as approved by
  302  the Department of Education in accordance with rules of the
  303  State Board of Education. Assessments may be administered or
  304  proctored by qualified contractors at sites that meet criteria
  305  established by rules of the State Board of Education and adopted
  306  pursuant to ss. 120.536(1) and 120.54 to implement the
  307  contracting requirements of this subsection.
  308         (b) A school district may use district employees, such as
  309  education paraprofessionals as described in s. 1012.37, to
  310  administer and proctor statewide, standardized assessments
  311  required under s. 1008.22 or assessments associated with Florida
  312  approved courses under s. 1003.499, in accordance with this
  313  section and related rules adopted by the State Board of
  314  Education. The rules must establish training requirements that
  315  must be successfully completed by district employees prior to
  316  the employees performing duties pursuant this paragraph.
  317         Section 4. Paragraph (b) of subsection (2), subsections (3)
  318  and (4), paragraphs (a) and (c) of subsection (5), and paragraph
  319  (a) of subsection (8) of section 1008.25, Florida Statutes, are
  320  amended to read:
  321         1008.25 Public school student progression; remedial
  322  instruction; reporting requirements.—
  323         (2) COMPREHENSIVE STUDENT PROGRESSION PLAN.—Each district
  324  school board shall establish a comprehensive plan for student
  325  progression which must:
  326         (b) Identify the Provide specific levels of performance in
  327  reading, writing, science, and mathematics for each grade level,
  328  including the levels of performance on the statewide,
  329  standardized assessments required by s. 1008.22 as defined by
  330  the commissioner, below which a student, pursuant to subsection
  331  (4), must receive remediation or be retained within an intensive
  332  program that is different from the previous year’s program and
  333  that takes into account the student’s learning style.
  334         (3) ALLOCATION OF RESOURCES.—District school boards shall
  335  allocate remedial and supplemental instruction resources to
  336  students in the following priority:
  337         (a) Students who are deficient in reading by the end of
  338  grade 3.
  339         (b) Students who fail to meet performance levels required
  340  for promotion consistent with the district school board’s plan
  341  for student progression required in paragraph (2)(b).
  342         (4) ASSESSMENT AND REMEDIATION.—
  343         (a) Each student must participate in the statewide,
  344  standardized assessment program required by s. 1008.22. Each
  345  student who does not meet specific levels of performance on the
  346  required assessments as determined by the district school board
  347  or who scores below Level 3 on the statewide, standardized
  348  Reading assessment or, upon implementation, the English Language
  349  Arts assessment or on the statewide, standardized Mathematics
  350  assessments in grades 3 through 8 and the Algebra I EOC
  351  assessment must be provided with additional diagnostic
  352  assessments to determine the nature of the student’s difficulty,
  353  the areas of academic need, and strategies for appropriate
  354  intervention and instruction as described in paragraph (b).
  355         (b) The school in which the student is enrolled must
  356  develop, in consultation with the student’s parent, and must
  357  implement a progress monitoring plan. A progress monitoring plan
  358  is intended to provide the school district and the school
  359  flexibility in meeting the academic needs of the student and to
  360  reduce paperwork. A student who is not meeting the school
  361  district or state requirements for proficiency in reading and
  362  mathematics shall be covered by one of the following plans to
  363  target instruction and identify ways to improve his or her
  364  academic achievement:
  365         1. A federally required student plan such as an individual
  366  education plan;
  367         2. A schoolwide system of progress monitoring for all
  368  students; or
  369         2.3. An individualized progress monitoring plan.
  370  
  371  The plan chosen must be designed to assist the student or the
  372  school in meeting state and district expectations for
  373  proficiency. If the student has been identified as having a
  374  deficiency in reading, the K-12 comprehensive reading plan
  375  required by s. 1011.62(9) shall include instructional and
  376  support services to be provided to meet the desired levels of
  377  performance. District school boards may require low-performing
  378  students to attend remediation programs held before or after
  379  regular school hours or during the summer if transportation is
  380  provided.
  381         (c) Upon subsequent evaluation, if the documented
  382  deficiency has not been remediated, the student may be retained.
  383  Each student who does not meet the minimum performance
  384  expectations identified in paragraph (2)(b) defined by the
  385  Commissioner of Education for the statewide assessment tests in
  386  reading, writing, science, and mathematics must continue to be
  387  provided with remedial or supplemental instruction until the
  388  expectations are met or the student graduates from high school
  389  or is not subject to compulsory school attendance.
  390         (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
  391         (a) Any student who exhibits a substantial deficiency in
  392  reading, based upon locally determined or statewide assessments
  393  conducted in kindergarten or grade 1, grade 2, or grade 3, such
  394  as the statewide kindergarten screening administered under s.
  395  1002.69 and subsequent related reading readiness screening or
  396  through teacher observations, must be given intensive reading
  397  instruction immediately following the identification of the
  398  reading deficiency. The student’s reading proficiency must be
  399  reassessed by locally determined assessments or through teacher
  400  observations at the beginning of the grade following the
  401  intensive reading instruction. The student must continue to be
  402  provided with intensive reading instruction until the reading
  403  deficiency is remedied.
  404         (c) The parent of any student who exhibits a substantial
  405  deficiency in reading, as described in paragraph (a), must be
  406  notified in writing of the following:
  407         1. That his or her child has been identified as having a
  408  substantial deficiency in reading.
  409         2. A description of the current services that are provided
  410  to the child.
  411         3. A description of the proposed supplemental instructional
  412  services and supports that will be provided to the child that
  413  are designed to remediate the identified area of reading
  414  deficiency.
  415         4. That if the child’s reading deficiency is not remediated
  416  by the end of grade 3, the child must be retained unless he or
  417  she is exempt from mandatory retention for good cause.
  418         5. Strategies for parents to use in helping their child
  419  succeed in reading proficiency.
  420         6. That the statewide, standardized assessment required
  421  under s. 1008.22 Florida Comprehensive Assessment Test (FCAT) is
  422  not the sole determiner of promotion and that additional
  423  evaluations, portfolio reviews, and assessments are available to
  424  the child to assist parents and the school district in knowing
  425  when a child is reading at or above grade level and ready for
  426  grade promotion.
  427         7. The district’s specific criteria and policies for a
  428  portfolio as provided in subparagraph (6)(b)4. and the evidence
  429  required for a student to demonstrate mastery of Florida’s
  430  academic standards for English Language Arts. A parent of a
  431  student in grade 3 who is identified anytime during the year as
  432  being at risk of retention may request that the school
  433  immediately begin collecting evidence for a portfolio.
  434         8. The district’s specific criteria and policies for
  435  midyear promotion. Midyear promotion means promotion of a
  436  retained student at any time during the year of retention once
  437  the student has demonstrated ability to read at grade level.
  438         (8) ANNUAL REPORT.—
  439         (a) In addition to the requirements in paragraph (5)(b),
  440  each district school board must annually report to the parent of
  441  each student the progress of the student toward achieving state
  442  and district expectations for proficiency in reading, writing,
  443  science, and mathematics. The district school board must report
  444  to the parent the student’s results on each statewide assessment
  445  test. The evaluation of each student’s progress must be based
  446  upon the student’s classroom work, observations, tests, district
  447  and state assessments, and other relevant information. Progress
  448  reporting must be provided to the parent in writing in a format
  449  adopted by the district school board.
  450         Section 5. Subsections (1) and (3) of section 1008.30,
  451  Florida Statutes, are amended to read:
  452         1008.30 Common placement testing for public postsecondary
  453  education.—
  454         (1) The State Board of Education, in conjunction with the
  455  Board of Governors, shall develop and implement a common
  456  placement test for the purpose of assessing the basic
  457  computation and communication skills of students who intend to
  458  enter a degree program at any public postsecondary educational
  459  institution. Alternative assessments, such as the SAT, the ACT,
  460  and other assessments identified by rule, that may be accepted
  461  in lieu of the common placement test shall also be identified in
  462  rule. Public postsecondary educational institutions shall
  463  provide appropriate modifications of the test instruments or
  464  test procedures for students with disabilities.
  465         (3) The State Board of Education shall adopt rules that
  466  authorize require high schools, at the request of a parent, to
  467  evaluate before the beginning of grade 12 the college readiness
  468  of a each student who scores Level 2 or Level 3 on grade 10 FCAT
  469  Reading or the English Language Arts assessment under s.
  470  1008.22, as applicable, or Level 2, Level 3, or Level 4 on the
  471  Algebra I assessment under s. 1008.22. High schools may shall
  472  perform this evaluation using results from the corresponding
  473  component of the common placement test prescribed in this
  474  section, or an alternative test identified by the State Board of
  475  Education, such as the SAT, the ACT, and other assessments
  476  identified by rule. The high school shall use the results of the
  477  test to advise the students of any identified deficiencies and
  478  to recommend provide 12th grade students , and require them to
  479  complete, appropriate postsecondary preparatory instruction
  480  before high school graduation as an option to grade 12 students.
  481  The curriculum provided under this subsection shall be
  482  identified in rule by the State Board of Education and encompass
  483  Florida’s Postsecondary Readiness Competencies. Other elective
  484  courses may not be substituted for the selected postsecondary
  485  mathematics, reading, writing, or English Language Arts
  486  preparatory course unless the elective course covers the same
  487  competencies included in the postsecondary mathematics, reading,
  488  writing, or English Language Arts preparatory course.
  489         Section 6. Subsection (7) of section 1008.34, Florida
  490  Statutes, is amended to read:
  491         1008.34 School grading system; school report cards;
  492  district grade.—
  493         (7) TRANSITION.—School grades pursuant to this section and
  494  school improvement ratings pursuant to s. 1008.341 for the 2013
  495  2014 school year shall be calculated based on statutes and rules
  496  in effect on June 30, 2014. To assist in the transition to 2014
  497  2015 school grades and school improvement ratings, calculated
  498  based on new statewide, standardized assessments administered
  499  pursuant to s. 1008.22, the 2014-2015 school grades and school
  500  improvement ratings shall serve as an informational baseline for
  501  schools to work toward improved performance in future years.
  502  Accordingly, notwithstanding any other provision of law:
  503         (a) A school may not be required to select and implement a
  504  turnaround option pursuant to s. 1008.33 in the 2015-2016 school
  505  year based on the school’s 2014-2015 grade or school improvement
  506  rating under s. 1008.341, as applicable. The benefits of s.
  507  1008.33(4)(c), relating to a school being released from
  508  implementation of the turnaround option, and s. 1008.33(4)(d),
  509  relating to a school implementing strategies identified in its
  510  school improvement plan, apply to a school using turnaround
  511  options pursuant to s. 1008.33 which improves at least one
  512  letter grade during the 2014-2015 school year.
  513         (b)1. A school or approved provider under s. 1002.45 which
  514  that receives the same or a lower school grade or school
  515  improvement rating for the 2014-2015 school year compared to the
  516  2013-2014 school year is not subject to sanctions or penalties
  517  that would otherwise occur as a result of the 2014-2015 school
  518  grade or rating. A charter school system or a school district
  519  designated as high performing may not lose the designation based
  520  on the 2014-2015 school grades of any of the schools within the
  521  charter school system or school district, as applicable.
  522         2. The Florida School Recognition Program established under
  523  s. 1008.36 shall continue to be implemented as otherwise
  524  provided in the General Appropriations Act.
  525         (c) For purposes of determining grade 3 retention pursuant
  526  to s. 1008.25(5) and high school graduation pursuant to s.
  527  1003.4282, student performance on the 2014-2015 statewide,
  528  standardized assessments shall be linked to 2013-2014 student
  529  performance expectations.
  530  
  531  This subsection is repealed July 1, 2017.
  532         Section 7. Paragraph (b) of subsection (12) of section
  533  1011.62, Florida Statutes, is amended to read:
  534         1011.62 Funds for operation of schools.—If the annual
  535  allocation from the Florida Education Finance Program to each
  536  district for operation of schools is not determined in the
  537  annual appropriations act or the substantive bill implementing
  538  the annual appropriations act, it shall be determined as
  539  follows:
  540         (12) FLORIDA DIGITAL CLASSROOMS ALLOCATION.—
  541         (b) Each district school board shall adopt a district
  542  digital classrooms plan that meets the unique needs of students,
  543  schools, and personnel and submit the plan for approval to the
  544  Department of Education. In addition, each district school board
  545  must, at a minimum, seek input from the district’s
  546  instructional, curriculum, and information technology staff to
  547  develop the district digital classrooms plan. The district’s
  548  plan must be within the general parameters established in the
  549  Florida digital classrooms plan pursuant to s. 1001.20. In
  550  addition, if the district participates in federal technology
  551  initiatives and grant programs, the district digital classrooms
  552  plan must include a plan for meeting requirements of such
  553  initiatives and grant programs. Funds allocated under this
  554  subsection must be used to support implementation of district
  555  digital classrooms plans. By October 1, 2014, and by March 1 of
  556  each year thereafter, on a date determined by the department,
  557  each district school board shall submit to the department, in a
  558  format prescribed by the department, a digital classrooms plan.
  559  At a minimum, such plan must include, and be annually updated to
  560  reflect, the following:
  561         1. Measurable student performance outcomes. Outcomes
  562  related to student performance, including outcomes for students
  563  with disabilities, must be tied to the efforts and strategies to
  564  improve outcomes related to student performance by integrating
  565  technology in classroom teaching and learning. Results of the
  566  outcomes shall be reported at least annually for the current
  567  school year and subsequent 3 years and be accompanied by an
  568  independent evaluation and validation of the reported results.
  569         2. Digital learning and technology infrastructure purchases
  570  and operational activities. Such purchases and activities must
  571  be tied to the measurable outcomes under subparagraph 1.,
  572  including, but not limited to, connectivity, broadband access,
  573  wireless capacity, Internet speed, and data security, all of
  574  which must meet or exceed minimum requirements and protocols
  575  established by the department. For each year that the district
  576  uses funds for infrastructure, a third-party, independent
  577  evaluation of the district’s technology inventory and
  578  infrastructure needs must accompany the district’s plan.
  579         3. Professional development purchases and operational
  580  activities. Such purchases and activities must be tied to the
  581  measurable outcomes under subparagraph 1., including, but not
  582  limited to, using technology in the classroom and improving
  583  digital literacy and competency.
  584         4. Digital tool purchases and operational activities. Such
  585  purchases and activities must be tied to the measurable outcomes
  586  under subparagraph 1., including, but not limited to,
  587  competency-based credentials that measure and demonstrate
  588  digital competency and certifications; third-party assessments
  589  that demonstrate acquired knowledge and use of digital
  590  applications; and devices that meet or exceed minimum
  591  requirements and protocols established by the department.
  592  5. Online assessment-related purchases and operational
  593  activities. Such purchases and activities must be tied to the
  594  measurable outcomes under subparagraph 1., including, but not
  595  limited to, expanding the capacity to administer assessments and
  596  compatibility with minimum assessment protocols and requirements
  597  established by the department. If the administration of online
  598  assessments after January 1, 2015, does not comply with the
  599  minimum assessment protocols and requirements established by the
  600  department, the department shall contract with an independent,
  601  auditing entity that has expertise in the area of the
  602  noncompliance to evaluate the extent of the noncompliance and
  603  provide recommendations to remediate the noncompliance in future
  604  administrations of online assessments.
  605         Section 8. Paragraphs (b) and (c) of subsection (1),
  606  paragraphs (a), (b), and (c) of subsection (3), and subsections
  607  (6), (7), (8), and (10) of section 1012.34, Florida Statutes,
  608  are amended to read:
  609         1012.34 Personnel evaluation procedures and criteria.—
  610         (1) EVALUATION SYSTEM APPROVAL AND REPORTING.—
  611         (b) The department must approve each school district’s
  612  instructional personnel and school administrator evaluation
  613  systems. The department shall monitor each district’s
  614  implementation of its instructional personnel and school
  615  administrator evaluation systems for compliance with the
  616  requirements of this section and s. 1012.3401.
  617         (c) Annually, by December 1, the Commissioner of Education
  618  shall report to the Governor, the President of the Senate, and
  619  the Speaker of the House of Representatives the approval and
  620  implementation status of each school district’s instructional
  621  personnel and school administrator evaluation systems. The
  622  report shall include:
  623         1. Performance evaluation results for the prior school year
  624  for instructional personnel and school administrators using the
  625  four levels of performance specified in paragraph (2)(e). The
  626  performance evaluation results for instructional personnel shall
  627  be disaggregated by classroom teachers, as defined in s.
  628  1012.01(2)(a), excluding substitute teachers, and all other
  629  instructional personnel, as defined in s. 1012.01(2)(b)–(d).
  630         2. An analysis that compares performance evaluation results
  631  calculated by each school district to indicators of performance
  632  calculated by the department using the standards for performance
  633  levels adopted by the state board under subsection (8).
  634         3.The commissioner shall include in the report Each
  635  district’s performance-level standards established under
  636  subsection (7)., a comparative analysis of the district’s
  637  student academic performance results and evaluation results,
  638         4. Data reported under s. 1012.341, and the status of any
  639  evaluation system revisions requested by a school district
  640  pursuant to subsection (6).
  641         (3) EVALUATION PROCEDURES AND CRITERIA.—Instructional
  642  personnel and school administrator performance evaluations must
  643  be based upon the performance of students assigned to their
  644  classrooms or schools, as provided in this section. Pursuant to
  645  this section, a school district’s performance evaluation is not
  646  limited to basing unsatisfactory performance of instructional
  647  personnel and school administrators solely upon student
  648  performance, but may include other criteria approved to evaluate
  649  instructional personnel and school administrators’ performance,
  650  or any combination of student performance and other approved
  651  criteria. Evaluation procedures and criteria must comply with,
  652  but are not limited to, the following:
  653         (a) A performance evaluation must be conducted for each
  654  employee at least once a year, except that a classroom teacher,
  655  as defined in s. 1012.01(2)(a), excluding substitute teachers,
  656  who is newly hired by the district school board must be observed
  657  and evaluated at least twice in the first year of teaching in
  658  the school district. The performance evaluation must be based
  659  upon sound educational principles and contemporary research in
  660  effective educational practices. The evaluation criteria must
  661  include:
  662         1. Performance of students.—At least 33 50 percent of a
  663  performance evaluation must be based upon data and indicators of
  664  student performance in accordance with subsection (7) learning
  665  growth assessed annually by statewide assessments or, for
  666  subjects and grade levels not measured by statewide assessments,
  667  by school district assessments as provided in s. 1008.22(6).
  668  Each school district must use the formula adopted pursuant to
  669  paragraph (7)(a) for measuring student learning growth in all
  670  courses associated with statewide assessments and must select an
  671  equally appropriate formula for measuring student learning
  672  growth for all other grades and subjects, except as otherwise
  673  provided in subsection (7).
  674         a. For classroom teachers, as defined in s. 1012.01(2)(a),
  675  excluding substitute teachers, the student learning growth This
  676  portion of the evaluation must include growth or achievement
  677  data of the teacher’s students or, for a school administrator,
  678  the students attending the school for students assigned to the
  679  teacher over the course of at least 3 years. If less than 3
  680  years of data are available, the years for which data are
  681  available must be used. The proportion of growth or achievement
  682  data may be determined by instructional assignment and the
  683  percentage of the evaluation based upon student learning growth
  684  may be reduced to not less than 40 percent.
  685         b. For instructional personnel who are not classroom
  686  teachers, the student learning growth portion of the evaluation
  687  must include growth data on statewide assessments for students
  688  assigned to the instructional personnel over the course of at
  689  least 3 years, or may include a combination of student learning
  690  growth data and other measurable student outcomes that are
  691  specific to the assigned position, provided that the student
  692  learning growth data accounts for not less than 30 percent of
  693  the evaluation. If less than 3 years of student growth data are
  694  available, the years for which data are available must be used
  695  and the percentage of the evaluation based upon student learning
  696  growth may be reduced to not less than 20 percent.
  697         c. For school administrators, the student learning growth
  698  portion of the evaluation must include growth data for students
  699  assigned to the school over the course of at least 3 years. If
  700  less than 3 years of data are available, the years for which
  701  data are available must be used and the percentage of the
  702  evaluation based upon student learning growth may be reduced to
  703  not less than 40 percent.
  704         2. Instructional practice.—For instructional personnel, at
  705  least 33 percent of the performance evaluation must be based
  706  upon instructional practice. Evaluation criteria used when
  707  annually observing classroom teachers, as defined in s.
  708  1012.01(2)(a), excluding substitute teachers, must include
  709  indicators based upon each of the Florida Educator Accomplished
  710  Practices adopted by the State Board of Education. Observations
  711  must be used by administrative personnel to evaluate the
  712  performance of classroom teachers. For instructional personnel
  713  who are not classroom teachers, evaluation criteria must be
  714  based upon indicators of the Florida Educator Accomplished
  715  Practices and may include specific job expectations related to
  716  student support.
  717         3. Instructional leadership.—For school administrators, at
  718  least 30 percent of the performance evaluation must be based on
  719  instructional leadership. Evaluation criteria for instructional
  720  leadership must include indicators based upon each of the
  721  leadership standards adopted by the State Board of Education
  722  under s. 1012.986, including performance measures related to the
  723  effectiveness of classroom teachers in the school, the
  724  administrator’s appropriate use of evaluation criteria and
  725  procedures, recruitment and retention of effective and highly
  726  effective classroom teachers, improvement in the percentage of
  727  instructional personnel evaluated at the highly effective or
  728  effective level, and other leadership practices that result in
  729  student learning growth. The system may include a means to give
  730  parents and instructional personnel an opportunity to provide
  731  input into the administrator’s performance evaluation.
  732         4. Other indicators of performance Professional and job
  733  responsibilities.—For instructional personnel and school
  734  administrators, no more than 33 percent of a performance
  735  evaluation must include other professional and job
  736  responsibilities must be included as recommended adopted by the
  737  State Board of Education or identified by the district school
  738  board and, for instructional personnel, peer reviews,
  739  objectively reliable survey information from students and
  740  parents based on teaching practices that are consistently
  741  associated with higher student achievement, and other valid and
  742  reliable measures of instructional practice. The district school
  743  board may identify additional professional and job
  744  responsibilities.
  745         (b) All personnel must be fully informed of the criteria,
  746  data sources, methodologies and procedures associated with the
  747  evaluation process before the evaluation takes place.
  748         (c) The individual responsible for supervising the employee
  749  must evaluate the employee’s performance. The evaluation system
  750  may provide for the evaluator to consider input from other
  751  personnel trained under subsection (2) paragraph (2)(f). The
  752  evaluator must submit a written report of the evaluation to the
  753  district school superintendent for the purpose of reviewing the
  754  employee’s contract. The evaluator must submit the written
  755  report to the employee no later than 10 days after the
  756  evaluation takes place. The evaluator must discuss the written
  757  evaluation report with the employee. The employee shall have the
  758  right to initiate a written response to the evaluation, and the
  759  response shall become a permanent attachment to his or her
  760  personnel file.
  761         (6) ANNUAL REVIEW OF AND REVISIONS TO THE SCHOOL DISTRICT
  762  EVALUATION SYSTEMS.—The district school board shall establish a
  763  procedure for annually reviewing instructional personnel and
  764  school administrator evaluation systems to determine compliance
  765  with this section and s. 1012.3401. All substantial revisions to
  766  an approved system must be reviewed and approved by the district
  767  school board before being used to evaluate instructional
  768  personnel or school administrators. Upon request by a school
  769  district, the department shall provide assistance in developing,
  770  improving, or reviewing an evaluation system.
  771         (7) MEASUREMENT OF STUDENT PERFORMANCE LEARNING GROWTH.—
  772         (a) The Commissioner of Education shall approve a formula
  773  to measure individual student learning growth on the statewide,
  774  standardized assessments in English Language Arts and
  775  mathematics administered under s. 1008.22. The formula must take
  776  into consideration each student’s prior academic performance.
  777  The formula must not set different expectations for student
  778  learning growth based upon a student’s gender, race, ethnicity,
  779  or socioeconomic status. In the development of the formula, the
  780  commissioner shall consider other factors such as a student’s
  781  attendance record, disability status, or status as an English
  782  language learner. The commissioner may shall select additional
  783  formulas to measure student performance as appropriate for the
  784  remainder of the statewide, standardized assessments included
  785  under s. 1008.22 and continue to select formulas as new
  786  assessments are implemented in the state system. After the
  787  commissioner approves the formula to measure individual student
  788  learning growth, the State Board of Education shall adopt these
  789  formulas in rule.
  790         (b) For courses associated with the statewide, standardized
  791  assessments under s. 1008.22, each school district shall measure
  792  student learning growth using the formulas approved by the
  793  commissioner under paragraph (a) and the standards for
  794  performance levels adopted by the state board under subsection
  795  (8) for courses associated with the statewide, standardized
  796  assessments administered under s. 1008.22 no later than the
  797  school year immediately following the year the formula is
  798  approved by the commissioner.
  799         (c) For grades and subjects not assessed by statewide,
  800  standardized assessments, but otherwise locally assessed
  801  pursuant to s. 1008.22(6)(c) as required under s. 1008.22(6),
  802  each school district shall measure student performance of
  803  students using a methodology determined by the district.
  804  However, a school district may not administer an additional,
  805  final cumulative local assessment for a course measured under a
  806  statewide, standardized end-of-course assessment. As provided in
  807  state board rule, course content is set forth in the state
  808  standards required under s. 1003.41 and in the course
  809  description for the course as provided in the course code
  810  directory.
  811         (d) School districts shall, for all educator performance
  812  evaluations and related student performance results:
  813         1. Determine the data sources, methodologies and
  814  proportions of student performance data used in each educator’s
  815  evaluation based on the educator’s school, classroom, or other
  816  instructional assignments; except that each school district must
  817  include data and student learning growth using the formulas
  818  approved by the commissioner pursuant to paragraph (a) and the
  819  standards for performance levels adopted by the state board
  820  pursuant to subsection (8).
  821         2. Provide that, for instructional personnel or school
  822  administrator to be eligible for salary adjustment under the
  823  performance salary schedule pursuant to s. 1012.22(1)(c)5.c.,
  824  the student performance component of the educator’s performance
  825  evaluation be based on a statewide, standardized assessment
  826  pursuant to s. 1008.22; a district-approved assessment; or a
  827  combination of both, as applicable to the educator’s
  828  assignments.
  829         3. Adopt, report, and provide to the public the district’s
  830  administration schedules for statewide assessments and local
  831  assessments in compliance with timelines and requirements
  832  established in s. 1008.22.
  833         4. Provide parents and teachers with student performance
  834  results on district-required assessments and the statewide,
  835  standardized assessments within the timeframe requirements
  836  established in s. 1008.22. The department shall provide models
  837  for measuring performance of students which school districts may
  838  adopt.
  839         (c) For a course that is not measured by a statewide,
  840  standardized assessment, a school district may request, through
  841  the evaluation system approval process, to use a student’s
  842  achievement level rather than student learning growth if
  843  achievement is demonstrated to be a more appropriate measure of
  844  classroom teacher performance. A school district may also
  845  request to use a combination of student learning growth and
  846  achievement, if appropriate.
  847         (d) For a course that is not measured by a statewide,
  848  standardized assessment, a school district may request, through
  849  the evaluation system approval process, that the performance
  850  evaluation for the classroom teacher assigned to that course
  851  include the learning growth of his or her students on one or
  852  more statewide, standardized assessments. The request must
  853  clearly explain the rationale supporting the request.
  854         (e) For purposes of this section and only for the 2014-2015
  855  school year, a school district may use measurable learning
  856  targets on local assessments administered under s. 1008.22(6) to
  857  evaluate the performance of students portion of a classroom
  858  teacher’s evaluation for courses that are not assessed by
  859  statewide, standardized assessments. Learning targets must be
  860  approved by the school principal. A district school
  861  superintendent may assign to instructional personnel in an
  862  instructional team the student learning growth of the
  863  instructional team’s students on statewide assessments. This
  864  paragraph expires July 1, 2015.
  865         (8) RULEMAKING.—No later than August 1, 2015, the State
  866  Board of Education shall adopt rules pursuant to ss. 120.536(1)
  867  and 120.54 which establish uniform procedures and the format for
  868  the submission, review, and approval of district evaluation
  869  systems and reporting requirements for the annual evaluation of
  870  instructional personnel and school administrators; specific,
  871  discrete standards for each performance level required under
  872  subsection (2), based on student learning growth models approved
  873  by the commissioner, to ensure clear and sufficient
  874  differentiation in the performance levels and to provide
  875  consistency in meaning across school districts; the measurement
  876  of student learning growth and associated implementation
  877  procedures required under subsection (7); and a process for
  878  monitoring school district implementation of evaluation systems
  879  in accordance with this section. Specifically, the rules shall
  880  establish student performance levels that if not met will result
  881  in the employee receiving an unsatisfactory performance
  882  evaluation rating. In like manner, the rules shall establish a
  883  student performance level that must be met in order for an
  884  employee to receive a highly effective rating and a student
  885  learning growth standard that must be met in order for an
  886  employee to receive an effective rating.
  887         (10) DISTRICT BONUS REWARDS FOR PERFORMANCE PAY BASED ON
  888  EVALUATION PROGRESS.—School districts are eligible for bonus
  889  rewards as provided for in the 2014 General Appropriations Act
  890  for making outstanding progress toward educator effectiveness,
  891  including implementation of instructional personnel salaries
  892  based on performance results under s. 1012.34 and the use of
  893  local assessment results in personnel evaluations when
  894  statewide, standardized assessments are not administered.
  895         Section 9. Section 1012.3401, Florida Statutes, is
  896  repealed.
  897         Section 10. School district contingency plan.
  898  Notwithstanding s. 1008.34(7), Florida Statutes, a school
  899  district may, by majority vote of the district school board,
  900  request approval from the State Board of Education to waive all
  901  requirements and benefits specified in ss. 1008.34(7), 1008.36,
  902  and 1003.621, Florida Statutes, and instead use results from
  903  student performance on the new statewide, standardized
  904  assessments administered in the 2014-2015 school year pursuant
  905  to s. 1008.22, Florida Statutes, for diagnostic and baseline
  906  purposes only.
  907         (1) A school district’s request must be submitted to the
  908  Commissioner of Education by the school district superintendent
  909  during the period from the last day of administration of
  910  statewide, standardized assessments through June 5, 2015, in
  911  accordance with the guidelines established by the commissioner.
  912  At a minimum, the request, must include identification of:
  913         (a) The scope of the request, to apply either to the school
  914  district or to a school or certain schools within the school
  915  district. The request must be made at a district or school
  916  level. The request may not be made at a grade level, a subject
  917  area level, or another level.
  918         (b) The reason for the request, including a description of
  919  the systemic or unique technical implementation failure.
  920  Quantifiable data substantiating the reason for such failure
  921  must accompany the request. A school district’s inability to
  922  assess the minimum percentage of students pursuant to ss.
  923  1008.34 and 1008.341, Florida Statutes, does not constitute a
  924  reasonable justification for requesting the waiver under this
  925  section.
  926         (c) The school district’s corrective action plan, which has
  927  been adopted by the district school board, and certification
  928  that the identified technical implementation failure must be
  929  resolved in time for successful administration of the statewide,
  930  standardized assessments during the 2015-2016 school year and
  931  each school year thereafter. The district must identify how the
  932  district plans to allocate resources and technical assistance
  933  that the district needs from the Department of Education to
  934  facilitate the district’s successful resolution of technical
  935  deficiencies.
  936         (d) The school district’s plan for using the diagnostic
  937  data to facilitate continuous improvement in student performance
  938  and the effectiveness of schools, instructional personnel, and
  939  school administrators; public reporting on the performance of
  940  students, schools, and the district; and informing parents about
  941  instruction associated with remediation and retention and
  942  options available to students including acceleration,
  943  graduation, and school choice. The district must also describe
  944  its plans for implementing student progression plans,
  945  performance evaluations of instructional personnel and school
  946  administrators, performance salary schedule requirements, and
  947  other uses as identified by the commissioner.
  948         (2) The commissioner shall review each request for a waiver
  949  and consult with the applicable school district superintendent.
  950  The commissioner shall make, and provide reasons for,
  951  recommendations to the State Board of Education regarding
  952  granting or denying a request for waiver. The state board may
  953  consider recommendations made by the commissioner to approve or
  954  deny school district requests. Notwithstanding any other
  955  provision of law, the commissioner’s recommendation to approve a
  956  request may, after consultation with the school district
  957  superintendent, include conditional requirements that must apply
  958  if approved by the state board. The decision of the state board,
  959  including any modifications adopted by the state board, is
  960  final.
  961         (3) For only the 2014-2015 school year, if a waiver is
  962  granted under this section:
  963         (a) A school or a school district may not receive a school
  964  grade, school improvement rating, or school district grade, as
  965  applicable.
  966         (b) A school may, at the school district’s discretion,
  967  choose to use new statewide, standardized assessment results in
  968  performance evaluations of instructional personnel and school
  969  administrators.
  970         (c) A school district shall continue to have its student
  971  performance results included in the statewide, standardized
  972  assessment results published by the department pursuant to s.
  973  1008.22, Florida Statutes.
  974         (d) A school shall forfeit eligibility to earn school
  975  recognition funds pursuant to s. 1008.36, Florida Statutes, as
  976  provided in the General Appropriations Act.
  977         (e) A school district shall forfeit the district’s
  978  eligibility to earn the designation and benefits associated with
  979  high performing school districts pursuant to s. 1003.621,
  980  Florida Statutes.
  981  
  982  This section expires July 1, 2016.
  983         Section 11. The Office of Program Policy Analysis and
  984  Government Accountability (OPPAGA) shall conduct a year-long
  985  study, beginning no later than August 1, 2015, to assess the
  986  cost-effectiveness of the leasing of examination questions by
  987  the Department of Education from the American Institute for
  988  Research as compared with using questions from an existing
  989  examination. No later than December 1, 2016, OPPAGA shall
  990  provide a report summarizing the findings of the study to the
  991  President of the Senate and the Speaker of the House of
  992  Representatives.
  993         Section 12. Paragraph (a) of subsection (5) of section
  994  1003.4282, Florida Statutes, is amended to read:
  995         1003.4282 Requirements for a standard high school diploma.—
  996         (5) REMEDIATION FOR HIGH SCHOOL STUDENTS.—
  997         (a) Each year a student scores Level 1 or Level 2 on the
  998  statewide, standardized grade 9 or grade 10 Reading assessment
  999  or, when implemented, the grade 9 or, grade 10, or grade 11 ELA
 1000  assessment, the student may, as an option to the student, enroll
 1001  must be enrolled in and complete an intensive remedial course
 1002  the following year or be placed in a content area course that
 1003  includes remediation of skills not acquired by the student.
 1004         Section 13. Paragraph (a) of subsection (1) of section
 1005  1003.4285, Florida Statutes, is amended to read:
 1006         1003.4285 Standard high school diploma designations.—
 1007         (1) Each standard high school diploma shall include, as
 1008  applicable, the following designations if the student meets the
 1009  criteria set forth for the designation:
 1010         (a) Scholar designation.—In addition to the requirements of
 1011  s. 1003.4282, in order to earn the Scholar designation, a
 1012  student must satisfy the following requirements:
 1013         1. English Language Arts (ELA).—Beginning with students
 1014  entering grade 9 in the 2014-2015 school year, pass the
 1015  statewide, standardized grade 11 ELA assessment.
 1016         2. Mathematics.—Earn one credit in Algebra II and one
 1017  credit in statistics or an equally rigorous course. Beginning
 1018  with students entering grade 9 in the 2014-2015 school year,
 1019  pass the Algebra II and Geometry statewide, standardized
 1020  assessments.
 1021         2.3. Science.—Pass the statewide, standardized Biology I
 1022  EOC assessment and earn one credit in chemistry or physics and
 1023  one credit in a course equally rigorous to chemistry or physics.
 1024  However, a student enrolled in an Advanced Placement (AP),
 1025  International Baccalaureate (IB), or Advanced International
 1026  Certificate of Education (AICE) Biology course who takes the
 1027  respective AP, IB, or AICE Biology assessment and earns the
 1028  minimum score necessary to earn college credit as identified
 1029  pursuant to s. 1007.27(2) meets the requirement of this
 1030  subparagraph without having to take the statewide, standardized
 1031  Biology I EOC assessment.
 1032         3.4. Social studies.—Pass the statewide, standardized
 1033  United States History EOC assessment. However, a student
 1034  enrolled in an AP, IB, or AICE course that includes United
 1035  States History topics who takes the respective AP, IB, or AICE
 1036  assessment and earns the minimum score necessary to earn college
 1037  credit as identified pursuant to s. 1007.27(2) meets the
 1038  requirement of this subparagraph without having to take the
 1039  statewide, standardized United States History EOC assessment.
 1040         4.5. Foreign language.—Earn two credits in the same foreign
 1041  language.
 1042         5.6. Electives.—Earn at least one credit in an Advanced
 1043  Placement, an International Baccalaureate, an Advanced
 1044  International Certificate of Education, or a dual enrollment
 1045  course.
 1046         Section 14. Paragraph (c) of subsection (1) of section
 1047  1012.22, Florida Statutes, is amended to read:
 1048         1012.22 Public school personnel; powers and duties of the
 1049  district school board.—The district school board shall:
 1050         (1) Designate positions to be filled, prescribe
 1051  qualifications for those positions, and provide for the
 1052  appointment, compensation, promotion, suspension, and dismissal
 1053  of employees as follows, subject to the requirements of this
 1054  chapter:
 1055         (c) Compensation and salary schedules.—
 1056         1. Definitions.—As used in this paragraph, the term:
 1057         a. “Adjustment” means an addition to the base salary
 1058  schedule that is not a bonus and becomes part of the employee’s
 1059  permanent base salary and shall be considered compensation under
 1060  s. 121.021(22).
 1061         b. “Grandfathered salary schedule” means the salary
 1062  schedule or schedules adopted by a district school board before
 1063  July 1, 2014, pursuant to subparagraph 4.
 1064         c. “Instructional personnel” means instructional personnel
 1065  as defined in s. 1012.01(2)(a)-(d), excluding substitute
 1066  teachers.
 1067         d. “Performance salary schedule” means the salary schedule
 1068  or schedules adopted by a district school board pursuant to
 1069  subparagraph 5.
 1070         e. “Salary schedule” means the schedule or schedules used
 1071  to provide the base salary for district school board personnel.
 1072         f. “School administrator” means a school administrator as
 1073  defined in s. 1012.01(3)(c).
 1074         g. “Supplement” means an annual addition to the base salary
 1075  for the term of the negotiated supplement as long as the
 1076  employee continues his or her employment for the purpose of the
 1077  supplement. A supplement does not become part of the employee’s
 1078  continuing base salary but shall be considered compensation
 1079  under s. 121.021(22).
 1080         2. Cost-of-living adjustment.—A district school board may
 1081  provide a cost-of-living salary adjustment if the adjustment:
 1082         a. Does not discriminate among comparable classes of
 1083  employees based upon the salary schedule under which they are
 1084  compensated.
 1085         b. Does not exceed 50 percent of the annual adjustment
 1086  provided to instructional personnel rated as effective.
 1087         3. Advanced degrees.—A district school board may not use
 1088  advanced degrees in setting a salary schedule for instructional
 1089  personnel or school administrators hired on or after July 1,
 1090  2011, unless the advanced degree is held in the individual’s
 1091  area of certification and is only a salary supplement.
 1092         4. Grandfathered salary schedule.—
 1093         a. The district school board shall adopt a salary schedule
 1094  or salary schedules to be used as the basis for paying all
 1095  school employees hired before July 1, 2014. Instructional
 1096  personnel on annual contract as of July 1, 2014, shall be placed
 1097  on the performance salary schedule adopted under subparagraph 5.
 1098  Instructional personnel on continuing contract or professional
 1099  service contract may opt into the performance salary schedule if
 1100  the employee relinquishes such contract and agrees to be
 1101  employed on an annual contract under s. 1012.335. Such an
 1102  employee shall be placed on the performance salary schedule and
 1103  may not return to continuing contract or professional service
 1104  contract status. Any employee who opts into the performance
 1105  salary schedule may not return to the grandfathered salary
 1106  schedule.
 1107         b. In determining the grandfathered salary schedule for
 1108  instructional personnel, a district school board must base a
 1109  portion of each employee’s compensation upon performance
 1110  demonstrated under s. 1012.34 and shall provide differentiated
 1111  pay for both instructional personnel and school administrators
 1112  based upon district-determined factors, including, but not
 1113  limited to, additional responsibilities, school demographics,
 1114  critical shortage areas, and level of job performance
 1115  difficulties.
 1116         5. Performance salary schedule.—By July 1, 2014, the
 1117  district school board shall adopt a performance salary schedule
 1118  that provides annual salary adjustments for instructional
 1119  personnel and school administrators based upon performance
 1120  determined under s. 1012.34. Employees hired on or after July 1,
 1121  2014, or employees who choose to move from the grandfathered
 1122  salary schedule to the performance salary schedule shall be
 1123  compensated pursuant to the performance salary schedule once
 1124  they have received the appropriate performance evaluation for
 1125  this purpose. However, a classroom teacher whose performance
 1126  evaluation uses utilizes student learning growth measures
 1127  established under s. 1012.34(7)(c)3. s. 1012.34(7)(e) shall
 1128  remain under the grandfathered salary schedule until his or her
 1129  teaching assignment changes to a subject for which there is a
 1130  statewide, standardized assessment or district-required local an
 1131  assessment or the school district establishes equally
 1132  appropriate measures of student learning growth as defined under
 1133  s. 1012.34 and rules of the State Board of Education.
 1134         a. Base salary.—The base salary shall be established as
 1135  follows:
 1136         (I) The base salary for instructional personnel or school
 1137  administrators who opt into the performance salary schedule
 1138  shall be the salary paid in the prior year, including
 1139  adjustments only.
 1140         (II) Beginning July 1, 2014, instructional personnel or
 1141  school administrators new to the district, returning to the
 1142  district after a break in service without an authorized leave of
 1143  absence, or appointed for the first time to a position in the
 1144  district in the capacity of instructional personnel or school
 1145  administrator shall be placed on the performance salary
 1146  schedule.
 1147         b. Salary adjustments.—Salary adjustments for highly
 1148  effective or effective performance shall be established as
 1149  follows:
 1150         (I) The annual salary adjustment under the performance
 1151  salary schedule for an employee rated as highly effective must
 1152  be greater than the highest annual salary adjustment available
 1153  to an employee of the same classification through any other
 1154  salary schedule adopted by the district.
 1155         (II) The annual salary adjustment under the performance
 1156  salary schedule for an employee rated as effective must be equal
 1157  to at least 50 percent and no more than 75 percent of the annual
 1158  adjustment provided for a highly effective employee of the same
 1159  classification.
 1160         (III) The performance salary schedule shall not provide an
 1161  annual salary adjustment for an employee who receives a rating
 1162  other than highly effective or effective for the year.
 1163         c. Salary supplements.—In addition to the salary
 1164  adjustments, each district school board shall provide for salary
 1165  supplements for activities that must include, but are not
 1166  limited to:
 1167         (I) Assignment to a Title I eligible school.
 1168         (II) Assignment to a school that earned a grade of “F” or
 1169  three consecutive grades of “D” pursuant to s. 1008.34 such that
 1170  the supplement remains in force for at least 1 year following
 1171  improved performance in that school.
 1172         (III) Certification and teaching in critical teacher
 1173  shortage areas. Statewide critical teacher shortage areas shall
 1174  be identified by the State Board of Education under s. 1012.07.
 1175  However, the district school board may identify other areas of
 1176  critical shortage within the school district for purposes of
 1177  this sub-sub-subparagraph and may remove areas identified by the
 1178  state board which do not apply within the school district.
 1179         (IV) Assignment of additional academic responsibilities.
 1180  
 1181  If budget constraints in any given year limit a district school
 1182  board’s ability to fully fund all adopted salary schedules, the
 1183  performance salary schedule may shall not be reduced on the
 1184  basis of total cost or the value of individual awards in a
 1185  manner that is proportionally greater than reductions to any
 1186  other salary schedules adopted by the district.
 1187         Section 15. This act shall take effect upon becoming a law.