Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. CS for SB 1552
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/20/2017 .
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Appropriations Subcommittee on Pre-K - 12 Education (Simmons)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Before line 18
4 insert:
5 Section 1. Paragraphs (a) and (b) of subsection (18) and
6 subsection (21) of section 1001.42, Florida Statutes, are
7 amended to read:
8 1001.42 Powers and duties of district school board.—The
9 district school board, acting as a board, shall exercise all
10 powers and perform all duties listed below:
11 (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.
12 Maintain a system of school improvement and education
13 accountability as provided by statute and State Board of
14 Education rule. This system of school improvement and education
15 accountability shall be consistent with, and implemented
16 through, the district’s continuing system of planning and
17 budgeting required by this section and ss. 1008.385, 1010.01,
18 and 1011.01. This system of school improvement and education
19 accountability shall comply with the provisions of ss. 1008.33,
20 1008.34, 1008.345, and 1008.385 and include the following:
21 (a) School improvement plans.—
22 1. The district school board shall annually approve and
23 require implementation of a new, amended, or continuation school
24 improvement plan for each school in the district which has a
25 school grade of “D” or “F”;. If a school has a significant gap
26 in achievement on statewide, standardized assessments
27 administered pursuant to s. 1008.22 by one or more student
28 subgroups, as defined in the federal Elementary and Secondary
29 Education Act (ESEA), 20 U.S.C. s. 6311(b)(2)(C)(v)(II); has not
30 significantly increased the percentage of students passing
31 statewide, standardized assessments; has not significantly
32 increased the percentage of students demonstrating Learning
33 Gains, as defined in s. 1008.34 and as calculated under s.
34 1008.34(3)(b), who passed statewide, standardized assessments;
35 or has significantly lower graduation rates for a subgroup when
36 compared to the state’s graduation rate. The, that school’s
37 improvement plan of a school that meets the requirements of this
38 paragraph shall include strategies for improving these results.
39 The state board shall adopt rules establishing thresholds and
40 for determining compliance with this paragraph subparagraph.
41 2. A school that includes any of grades 6, 7, or 8 shall
42 include annually in its school improvement plan information and
43 data on the school’s early warning system required under
44 paragraph (b), including a list of the early warning indicators
45 used in the system, the number of students identified by the
46 system as exhibiting two or more early warning indicators, the
47 number of students by grade level that exhibit each early
48 warning indicator, and a description of all intervention
49 strategies employed by the school to improve the academic
50 performance of students identified by the early warning system.
51 In addition, a school that includes any of grades 6, 7, or 8
52 shall describe in its school improvement plan the strategies
53 used by the school to implement the instructional practices for
54 middle grades emphasized by the district’s professional
55 development system pursuant to s. 1012.98(4)(b)9.
56 (b) Early warning system.—
57 1. A school that serves any students in grade 1 through
58 grade includes any of grades 6, 7, or 8 shall implement an early
59 warning system to identify students in such grades 6, 7, and 8
60 who need additional support to improve academic performance and
61 stay engaged in school. The early warning system must include
62 the following early warning indicators:
63 a. Attendance below 90 percent, regardless of whether
64 absence is excused or a result of out-of-school suspension.
65 b. One or more suspensions, whether in school or out of
66 school.
67 c. Course failure in English Language Arts or mathematics
68 during any grading period.
69 d. A Level 1 score on the statewide, standardized
70 assessments in English Language Arts or mathematics or, for
71 students in grade 1 through grade 3, a substantial deficiency in
72 reading under s. 1008.25(5)(a).
73
74 A school district may identify additional early warning
75 indicators for use in a school’s early warning system. Beginning
76 in the 2018-2019 academic year, the system must include data on
77 the number of students identified by the system as exhibiting
78 two or more early warning indicators, the number of students by
79 grade level who exhibit each early warning indicator, and a
80 description of all intervention strategies employed by the
81 school to improve the academic performance of students
82 identified by the early warning system.
83 2. When a student exhibits two or more early warning
84 indicators, the school’s child study team under s. 1003.02 or a
85 school-based team formed for the purpose of implementing the
86 requirements of this paragraph, in consultation with the
87 student’s parent, shall convene to determine appropriate
88 intervention strategies for the student. The team must use data
89 and information relating to a student’s early warning indicators
90 to inform any intervention strategies provided to the student.
91 The school shall provide at least 10 days’ written notice of the
92 meeting to the student’s parent, indicating the meeting’s
93 purpose, time, and location, and provide the parent the
94 opportunity to participate.
95 (21) EDUCATIONAL AUTHORITY TO DECLARE AN EMERGENCY.—Pursue
96 negotiations of May declare an emergency in cases in which one
97 or more schools in the district are failing or are in danger of
98 failing and negotiate special provisions of its contract with
99 the appropriate bargaining units to free these schools meeting
100 specified conditions from contract restrictions that limit a the
101 school’s ability to implement programs and strategies needed to
102 improve student performance. The negotiations must result in a
103 memorandum of understanding that addresses the selection,
104 placement, and expectations of instructional personnel and
105 school administrators. For purposes of this subsection, an
106 educational emergency exists in a school district under the
107 following conditions, and the school board must act accordingly:
108 (a) A school board may negotiate in cases in which one or
109 more schools in the district have a school grade of “D” or in
110 which a school is in danger of earning a grade of “F.”
111 (b) Beginning in the 2018-2019 academic year, a school
112 board may negotiate in cases in which one or more schools in the
113 district are currently subject to, or are in danger of being
114 subject to, a differentiated matrix of intervention and support
115 strategies as a turnaround school or turnaround schools under s.
116 1008.33(3)(c).
117 Section 2. Paragraph (n) of subsection (9) of section
118 1002.33, Florida Statutes, is amended to read:
119 1002.33 Charter schools.—
120 (9) CHARTER SCHOOL REQUIREMENTS.—
121 (n)1. The director and a representative of the governing
122 board of a charter school that has earned a grade of “D” or is
123 in danger of earning a grade of “F” pursuant to s. 1008.34 shall
124 appear before the sponsor to present information concerning each
125 contract component having noted deficiencies. The director and a
126 representative of the governing board shall submit to the
127 sponsor for approval a school improvement plan to raise student
128 performance. Upon approval by the sponsor, the charter school
129 shall begin implementation of the school improvement plan. The
130 department shall offer technical assistance and training to the
131 charter school and its governing board and establish guidelines
132 for developing, submitting, and approving such plans.
133 2.a. If a charter school earns a grade of “F” or two three
134 consecutive grades below a “C,” of “D,” two consecutive grades
135 of “D” followed by a grade of “F,” or two nonconsecutive grades
136 of “F” within a 3-year period, the turnaround charter school
137 governing board must immediately implement its approved school
138 improvement plan for the remainder of the school year and
139 continue implementation for at least 1 school year, and shall
140 choose one of the following corrective actions:
141 (I) Contract for educational services to be provided
142 directly to students, instructional personnel, and school
143 administrators, as prescribed in state board rule;
144 (II) Contract with an outside entity that has a
145 demonstrated record of effectiveness to operate the school;
146 (III) Reorganize the school under a new director or
147 principal who is authorized to hire new staff; or
148 (IV) Voluntarily close the charter school.
149 b. The turnaround charter school must implement the
150 corrective action in the school year following receipt of a
151 grade of “F” or a second third consecutive grade below a “C.” of
152 “D,” a grade of “F” following two consecutive grades of “D,” or
153 a second nonconsecutive grade of “F” within a 3-year period.
154 c. The sponsor may annually waive a corrective action if it
155 determines that the turnaround charter school is likely to
156 improve a letter grade if additional time is provided to
157 implement the intervention and support strategies prescribed by
158 the school improvement plan. Notwithstanding this sub
159 subparagraph, a charter school that earns a second consecutive
160 grade of “F” is subject to subparagraph 3. 4.
161 d. A turnaround charter school is no longer required to
162 implement a corrective action if it improves to a grade of “C”
163 or higher by at least one letter grade. However, the charter
164 school must continue to implement strategies identified in the
165 school improvement plan. The sponsor must annually review
166 implementation of the school improvement plan to monitor the
167 school’s continued improvement pursuant to subparagraph 4. 5.
168 e. A turnaround charter school implementing a corrective
169 action that does not improve to a grade of “C” or higher by at
170 least one letter grade after 2 full school years of implementing
171 the corrective action must select a different corrective action.
172 Implementation of the new corrective action must begin in the
173 school year following the implementation period of the existing
174 corrective action, unless the sponsor determines that the
175 charter school is likely to improve to a grade of “C” or higher
176 a letter grade if additional time is provided to implement the
177 existing corrective action. Notwithstanding this sub
178 subparagraph, a charter school that earns a second consecutive
179 grade of “F” while implementing a corrective action is subject
180 to subparagraph 3. 4.
181 3. A charter school with a grade of “D” or “F” that
182 improves by at least one letter grade must continue to implement
183 the strategies identified in the school improvement plan. The
184 sponsor must annually review implementation of the school
185 improvement plan to monitor the school’s continued improvement
186 pursuant to subparagraph 5.
187 3.4. A charter school’s charter contract is automatically
188 terminated if the school earns two consecutive grades of “F”
189 after all school grade appeals are final unless:
190 a. The charter school is established to turn around the
191 performance of a district public school pursuant to s.
192 1008.33(4)(b)6. s. 1008.33(4)(b)3. Such charter schools shall be
193 governed by s. 1008.33;
194 b. The charter school serves a student population the
195 majority of which resides in a school zone served by a district
196 public school subject to s. 1008.33(4) that earned a grade of
197 “F” in the year before the charter school opened and the charter
198 school earns at least a grade of “D” in its third year of
199 operation. The exception provided under this sub-subparagraph
200 does not apply to a charter school in its fourth year of
201 operation and thereafter; or
202 c. The state board grants the charter school a waiver of
203 termination. The charter school must request the waiver within
204 15 days after the department’s official release of school
205 grades. The state board may waive termination if the charter
206 school demonstrates that the Learning Gains of its students on
207 statewide assessments are comparable to or better than the
208 Learning Gains of similarly situated students enrolled in nearby
209 district public schools. The waiver is valid for 1 year and may
210 only be granted once. Charter schools that have been in
211 operation for more than 5 years are not eligible for a waiver
212 under this sub-subparagraph.
213
214 The sponsor shall notify the charter school’s governing board,
215 the charter school principal, and the department in writing when
216 a charter contract is terminated under this subparagraph. The
217 letter of termination must meet the requirements of paragraph
218 (8)(c). A charter terminated under this subparagraph must follow
219 the procedures for dissolution and reversion of public funds
220 pursuant to paragraphs (8)(e)-(g) and (9)(o).
221 4.5. The director and a representative of the governing
222 board of a graded charter school that has implemented a school
223 improvement plan under this paragraph shall appear before the
224 sponsor at least once a year to present information regarding
225 the progress of intervention and support strategies implemented
226 by the school pursuant to the school improvement plan and
227 corrective actions, if applicable. The sponsor shall communicate
228 at the meeting, and in writing to the director, the services
229 provided to the school to help the school address its
230 deficiencies.
231 5.6. Notwithstanding any provision of this paragraph except
232 sub-subparagraphs 3.a.-c. 4.a.-c., the sponsor may terminate the
233 charter at any time pursuant to subsection (8).
234 Section 3. Paragraph (b) of subsection (1) of section
235 1002.332, Florida Statutes, is amended to read:
236 1002.332 High-performing charter school system.—
237 (1) For purposes of this section, the term:
238 (b) “High-performing charter school system” means an entity
239 that:
240 1. Operated at least three high-performing charter schools
241 in the state during each of the previous 3 school years;
242 2. Operated a system of charter schools in which at least
243 50 percent of the charter schools were high-performing charter
244 schools pursuant to s. 1002.331 and no charter school earned a
245 school grade of “D” or “F” pursuant to s. 1008.34 in any of the
246 previous 3 school years regardless of whether the entity
247 currently operates the charter school, except that:
248 a. If the entity assumed operation of a public school
249 pursuant to s. 1008.33(4)(b)6. s. 1008.33(4)(b)3. with a school
250 grade of “F,” that school’s grade may not be considered in
251 determining high-performing charter school system status for a
252 period of 3 years.
253 b. If the entity established a new charter school that
254 served a student population the majority of which resided in a
255 school zone served by a public school that earned a grade of “F”
256 or three consecutive grades of “D” pursuant to s. 1008.34, that
257 charter school’s grade may not be considered in determining
258 high-performing charter school system status if it attained and
259 maintained a school grade that was higher than that of the
260 public school serving that school zone within 3 years after
261 establishment; and
262 3. Did not receive a financial audit that revealed one or
263 more of the financial emergency conditions set forth in s.
264 218.503(1) for any charter school assumed or established by the
265 entity in the most recent 3 fiscal years for which such audits
266 are available.
267 Section 4. Subsections (3), (4), and (5) of section
268 1008.33, Florida Statutes, are amended to read:
269 1008.33 Authority to enforce public school improvement.—
270 (3)(a) The academic performance of all students has a
271 significant effect on the state school system. Pursuant to Art.
272 IX of the State Constitution, which prescribes the duty of the
273 State Board of Education to supervise Florida’s public school
274 system, the state board shall equitably enforce the
275 accountability requirements of the state school system and may
276 impose state requirements on school districts in order to
277 improve the academic performance of all districts, schools, and
278 students based upon the provisions of the Florida K-20 Education
279 Code, chapters 1000-1013; the federal ESEA and its implementing
280 regulations; and the ESEA flexibility waiver approved for
281 Florida by the United States Secretary of Education.
282 (b) Beginning with the 2011-2012 school year, The
283 Department of Education shall annually identify each public
284 school in need of intervention and support to improve student
285 academic performance. All schools earning a grade of “D” or in
286 danger of earning a grade of “F” pursuant to s. 1008.34 are
287 considered schools in need of intervention and support.
288 (c) To assist in implementing paragraph (4)(a) and (b), the
289 state board shall adopt by rule a differentiated matrix of
290 intervention and support strategies for assisting traditional
291 public schools identified under this section and rules for
292 implementing s. 1002.33(9)(n), relating to charter schools. The
293 intervention and support strategies must address student
294 performance and include extended learning by at least 1 extra
295 hour, and may include improvement planning, leadership quality
296 improvement, educator quality improvement, professional
297 development, curriculum alignment and pacing, and the use of
298 continuous improvement and monitoring plans and processes. In
299 addition, the state board may prescribe reporting requirements
300 to review and monitor the progress of the schools. The rule must
301 define the intervention and support strategies for school
302 improvement for schools earning a grade of “D” or “F” and the
303 roles for the district and department. The rule shall define and
304 differentiate among schools as follows: earning consecutive
305 grades of “D” or “F,” or a combination thereof, and provide for
306 more intense monitoring, intervention, and support strategies
307 for these schools.
308 1. A “school-in-need” means a school that has a grade of
309 “D” or that is in danger of earning a grade of “F,” and that is
310 in need of intervention and support under paragraph (b);
311 2. A “turnaround school” means a school with a grade of “F”
312 or two consecutive grades below a “C” which is in need of
313 intensive intervention and support and which is implementing a
314 district-managed turnaround plan or a different turnaround
315 option approved pursuant to subsection (4). A “turnaround
316 charter school” is a charter school subject to the requirements
317 of s. 1002.33(9)(n); and
318 3. A “persistently low-performing school” means a
319 turnaround school that has been subject to a differentiated
320 matrix of intensive intervention and support strategies for more
321 than 3 consecutive years, or a turnaround school that was closed
322 pursuant to s. 1008.33(4) within 2 years after the submission of
323 a notice of intent.
324
325 The rule must also define a “low-performing school” to include,
326 at minimum, any school meeting the requirements of this
327 subsection.
328 (4)(a) The state board shall apply intensive the most
329 intense intervention and support strategies to turnaround
330 schools earning a grade of “F” or two consecutive grades below a
331 “C.” “F.” In the first full school year after a school initially
332 receives earns a turnaround school designation, grade of “F,”
333 the school district must immediately implement intensive
334 intervention and support strategies prescribed in rule under
335 paragraph (3)(c) and, by September 1, provide, select a
336 turnaround option from those provided in subparagraphs (b)1.-5.,
337 and submit a plan for implementing the turnaround option to the
338 department with the memorandum of understanding negotiated
339 pursuant to s. 1001.42(21) and with a district-managed
340 turnaround plan for approval by the state board. Upon approval
341 by the state board, the school district must implement the plan
342 for the remainder of the school year and continue the plan for 1
343 full school year for approval by the state board. Upon approval
344 by the state board, the turnaround option must be implemented in
345 the following school year.
346 (b) The turnaround options available to the turnaround a
347 school district to address a school include one or a combination
348 of the following turnaround options, giving priority to the
349 first three options that earns a grade of “F” are:
350 1. Implement an extended school day with at least 1 hour of
351 additional learning time. Convert the school to a district
352 managed turnaround school;
353 2. Enter into a formal agreement with a nonprofit
354 organization with tax exempt status under s. 501(c)(3) of the
355 Internal Revenue Code to implement an integrated student support
356 service model that provides students and families with access to
357 wrap-around services, including, but not limited to, health
358 services, after-school programs, drug-prevention programs,
359 college and career readiness, and food and clothing banks.
360 Districts implementing this option may be eligible for
361 additional funding as provided in the General Appropriations
362 Act.
363 3. Implement a principal autonomy program school, through a
364 performance contract and in accordance with proposal elements,
365 criteria, and timelines established by the state board pursuant
366 to s. 1011.6202(2)(b) specifically tailored for a turnaround
367 school. For purposes of this section, a school district using
368 this option for its turnaround school is eligible to participate
369 in, and receive the benefits of, the principal autonomy program,
370 pursuant to s. 1011.6202(1) for only the turnaround school.
371 5.2. Reassign students to another school and monitor the
372 progress of each reassigned student.;
373 6.3. Close the school and reopen the school as one or more
374 charter schools, each with a governing board that has a
375 demonstrated record of effectiveness.;
376 4. Contract as a conversion charter school or with an
377 outside entity that has a demonstrated record of effectiveness
378 to operate the school.; or
379 5. Implement a hybrid of turnaround options set forth in
380 subparagraphs 1.-4. or other turnaround models that have a
381 demonstrated record of effectiveness.
382 (c) A school earning a grade of “F” shall have a planning
383 year followed by 2 full school years to implement the initial
384 turnaround option selected by the school district and approved
385 by the state board. Implementation of the turnaround option is
386 no longer required if the school improves to a grade of “C” or
387 higher by at least one letter grade.
388 (d) A school earning a grade of “F” that improves its
389 letter grade must continue to implement strategies identified in
390 its school improvement plan pursuant to s. 1001.42(18)(a). The
391 department must annually review implementation of the school
392 improvement plan for 3 years to monitor the school’s continued
393 improvement.
394 (d)(e) If a turnaround school earning a grade of “F” does
395 not improve to a grade of “C” or higher by at least one letter
396 grade after 2 full school years of implementing the turnaround
397 option selected by the school district under paragraph (b), the
398 school district must implement select a different option and
399 submit another turnaround option implementation plan to the
400 department for approval by the state board. Implementation of
401 the turnaround option approved plan must begin the school year
402 following the implementation period of the existing turnaround
403 option, unless the state board determines that the school is
404 likely to improve to a grade of “C” or higher a letter grade if
405 additional time is provided to implement the existing turnaround
406 option.
407 (5) A school that earns a grade of “D” for 3 consecutive
408 years must implement the district-managed turnaround option
409 pursuant to subparagraph (4)(b)1. The school district must
410 submit an implementation plan to the department for approval by
411 the state board.
412 Section 5. Paragraph (d) of subsection (6) of section
413 1008.345, Florida Statutes, is amended to read:
414 1008.345 Implementation of state system of school
415 improvement and education accountability.—
416 (6)
417 (d) The commissioner shall assign a community assessment
418 team to each school district or governing board with a
419 turnaround school that earned a grade of “F” or three
420 consecutive grades of “D” pursuant to s. 1008.34 to review the
421 school performance data and determine causes for the low
422 performance, including the role of school, area, and district
423 administrative personnel. The community assessment team shall
424 review a high school’s graduation rate calculated without high
425 school equivalency diploma recipients for the past 3 years,
426 disaggregated by student ethnicity. The team shall make
427 recommendations to the school board or the governing board and
428 to the State Board of Education based on the interventions and
429 support strategies identified pursuant to subsection (5) to
430 which address the causes of the school’s low performance and to
431 incorporate the strategies and may be incorporated into the
432 school improvement plan. The assessment team shall include, but
433 not be limited to, a department representative, parents,
434 business representatives, educators, representatives of local
435 governments, and community activists, and shall represent the
436 demographics of the community from which they are appointed.
437
438 ================= T I T L E A M E N D M E N T ================
439 And the title is amended as follows:
440 Delete lines 2 - 3
441 and insert:
442 An act relating to K-12 education; amending s.
443 1001.42, F.S.; revising provisions relating to school
444 improvements plans; requiring only specified schools
445 to submit a school improvement plan; deleting a
446 requirement that certain information be included in
447 the improvement plans of certain schools; revising the
448 grade levels required to implement an early warning
449 system; revising the required content of an early
450 warning system; requiring a specified team to monitor
451 specified data; revising what constitutes an
452 educational emergency and establishing duties of
453 district school boards relating to such emergency;
454 amending s. 1002.33, F.S.; revising the criteria a
455 charter school must meet to require corrective action;
456 revising requirements for corrective action by charter
457 schools; revising criteria for waiver of automatic
458 charter termination; amending s. 1002.332, F.S.;
459 conforming a cross-reference; amending s. 1008.33,
460 F.S.; providing that intervention and support services
461 apply consistently to any school meeting specified
462 criteria; revising the required timeline for the
463 implementation of a district-managed turnaround plan;
464 providing turnaround options available to school
465 districts meeting specified criteria; amending s.
466 1008.345, F.S.; revising the criteria a school must
467 meet to have a community assessment team; revising the
468 duties of a community assessment team; creating