Florida Senate - 2019                                    SB 1472
       
       
        
       By Senator Diaz
       
       
       
       
       
       36-01259A-19                                          20191472__
    1                        A bill to be entitled                      
    2         An act relating to education; amending ss. 1001.42,
    3         1002.451, 1003.4282, 1004.04, and 1004.85, F.S.;
    4         correcting references relating to the federal
    5         Elementary and Secondary Education Act (ESEA), as
    6         amended by the Every Student Succeeds Act of 2015
    7         (ESSA); amending s. 1008.31, F.S.; requiring the K-20
    8         education performance accountability system to comply
    9         with the ESEA, as amended by the ESSA, instead of the
   10         “No Child Left Behind Act of 2001”; amending s.
   11         1008.33, F.S.; correcting a reference relating to the
   12         ESEA, as amended by the ESSA; deleting a requirement
   13         for the State Board of Education to comply with the
   14         ESEA flexibility waiver; conforming provisions to
   15         changes made by the act; amending s. 1008.332, F.S.;
   16         requiring the Department of Education to establish a
   17         certain committee pursuant to the requirements of the
   18         ESEA, as amended by the ESSA, instead of the “No Child
   19         Left Behind Act of 2001”; amending ss. 1008.34,
   20         1011.62, and 1012.56, F.S.; correcting references
   21         relating to the ESEA, as amended by the ESSA;
   22         providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Paragraph (a) of subsection (18) of section
   27  1001.42, Florida Statutes, is amended to read:
   28         1001.42 Powers and duties of district school board.—The
   29  district school board, acting as a board, shall exercise all
   30  powers and perform all duties listed below:
   31         (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.
   32  Maintain a system of school improvement and education
   33  accountability as provided by statute and State Board of
   34  Education rule. This system of school improvement and education
   35  accountability shall be consistent with, and implemented
   36  through, the district’s continuing system of planning and
   37  budgeting required by this section and ss. 1008.385, 1010.01,
   38  and 1011.01. This system of school improvement and education
   39  accountability shall comply with the provisions of ss. 1008.33,
   40  1008.34, 1008.345, and 1008.385 and include the following:
   41         (a) School improvement plans.—The district school board
   42  shall annually approve and require implementation of a new,
   43  amended, or continuation school improvement plan for each school
   44  in the district which has a school grade of “D” or “F”; has a
   45  significant gap in achievement on statewide, standardized
   46  assessments administered pursuant to s. 1008.22 by one or more
   47  student subgroups, as defined in the federal Elementary and
   48  Secondary Education Act (ESEA), as amended by the Every Student
   49  Succeeds Act of 2015 (ESSA), 20 U.S.C. s. 6311(c)(2) 20 U.S.C.
   50  s. 6311(b)(2)(C)(v)(II); has not significantly increased the
   51  percentage of students passing statewide, standardized
   52  assessments; has not significantly increased the percentage of
   53  students demonstrating Learning Gains, as defined in s. 1008.34
   54  and as calculated under s. 1008.34(3)(b), who passed statewide,
   55  standardized assessments; or has significantly lower graduation
   56  rates for a subgroup when compared to the state’s graduation
   57  rate. The improvement plan of a school that meets the
   58  requirements of this paragraph shall include strategies for
   59  improving these results. The state board shall adopt rules
   60  establishing thresholds and for determining compliance with this
   61  paragraph.
   62         Section 2. Paragraph (b) of subsection (6) of section
   63  1002.451, Florida Statutes, is amended to read:
   64         1002.451 District innovation school of technology program.—
   65         (6) APPLICATION PROCESS AND PERFORMANCE CONTRACT.—
   66         (b) A district school board may operate one innovation
   67  school of technology upon an application being approved by the
   68  State Board of Education.
   69         1. A district school board may apply to the State Board of
   70  Education to establish additional schools of technology if each
   71  existing innovation school of technology in the district:
   72         a. Meets all requirements in this section and in the
   73  performance contract;
   74         b. Has a grade of “A” or “B”; and
   75         c. Has at least 50 percent of its students exceed the state
   76  average on the statewide assessment program pursuant to s.
   77  1008.22. This comparison may take student subgroups, as defined
   78  in the federal Elementary and Secondary Education Act (ESEA), as
   79  amended by the Every Student Succeeds Act of 2015 (ESSA), 20
   80  U.S.C. s. 6311(c)(2) 20 U.S.C. s. 6311(b)(2)(C)(v)(II), into
   81  specific consideration so that at least 50 percent of students
   82  in each student subgroup meet or exceed the statewide average
   83  performance, rounded to the nearest whole number, of that
   84  particular subgroup.
   85         2. Notwithstanding subparagraph 1., the number of schools
   86  of technology in a school district may not exceed:
   87         a. Seven in a school district that has 100,000 or more
   88  students.
   89         b. Five in a school district that has 50,000 to 99,999
   90  students.
   91         c. Three in a school district that has fewer than 50,000
   92  students.
   93         Section 3. Subsection (7) of section 1003.4282, Florida
   94  Statutes, is amended to read:
   95         1003.4282 Requirements for a standard high school diploma.—
   96         (7) UNIFORM TRANSFER OF HIGH SCHOOL CREDITS.—Beginning with
   97  the 2012-2013 school year, if a student transfers to a Florida
   98  public high school from out of country, out of state, a private
   99  school, or a home education program and the student’s transcript
  100  shows a credit in Algebra I, the student must pass the
  101  statewide, standardized Algebra I EOC assessment in order to
  102  earn a standard high school diploma unless the student earned a
  103  comparative score, passed a statewide assessment in Algebra I
  104  administered by the transferring entity, or passed the statewide
  105  mathematics assessment the transferring entity uses to satisfy
  106  the requirements of the Elementary and Secondary Education Act,
  107  as amended by the Every Student Succeeds Act of 2015 (ESSA), 20
  108  U.S.C. ss. 6301 et seq 20 U.S.C. s. 6301. If a student’s
  109  transcript shows a credit in high school reading or English
  110  Language Arts II or III, in order to earn a standard high school
  111  diploma, the student must take and pass the statewide,
  112  standardized grade 10 Reading assessment or, when implemented,
  113  the grade 10 ELA assessment, or earn a concordant score. If a
  114  transfer student’s transcript shows a final course grade and
  115  course credit in Algebra I, Geometry, Biology I, or United
  116  States History, the transferring course final grade and credit
  117  shall be honored without the student taking the requisite
  118  statewide, standardized EOC assessment and without the
  119  assessment results constituting 30 percent of the student’s
  120  final course grade.
  121         Section 4. Paragraph (a) of subsection (4) of section
  122  1004.04, Florida Statutes, is amended to read:
  123         1004.04 Public accountability and state approval for
  124  teacher preparation programs.—
  125         (4) CONTINUED PROGRAM APPROVAL.—Continued approval of a
  126  teacher preparation program shall be based upon evidence that
  127  the program continues to implement the requirements for initial
  128  approval and upon significant, objective, and quantifiable
  129  measures of the program and the performance of the program
  130  completers.
  131         (a) The criteria for continued approval must include each
  132  of the following:
  133         1. Documentation from the program that each program
  134  candidate met the admission requirements provided in subsection
  135  (3).
  136         2. Documentation from the program that the program and each
  137  program completer have met the requirements provided in
  138  subsection (2).
  139         3. Evidence of performance in each of the following areas:
  140         a. Placement rate of program completers into instructional
  141  positions in Florida public schools and private schools, if
  142  available.
  143         b. Rate of retention for employed program completers in
  144  instructional positions in Florida public schools.
  145         c. Performance of students in prekindergarten through grade
  146  12 who are assigned to in-field program completers on statewide
  147  assessments using the results of the student learning growth
  148  formula adopted under s. 1012.34.
  149         d. Performance of students in prekindergarten through grade
  150  12 who are assigned to in-field program completers aggregated by
  151  student subgroup, as defined in the federal Elementary and
  152  Secondary Education Act (ESEA), as amended by the Every Student
  153  Succeeds Act of 2015 (ESSA), 20 U.S.C. s. 6311(c)(2) 20 U.S.C.
  154  s. 6311(b)(2)(C)(v)(II), as a measure of how well the program
  155  prepares teachers to work with a diverse population of students
  156  in a variety of settings in Florida public schools.
  157         e. Results of program completers’ annual evaluations in
  158  accordance with the timeline as set forth in s. 1012.34.
  159         f. Production of program completers in statewide critical
  160  teacher shortage areas as identified in s. 1012.07.
  161         Section 5. Paragraph (b) of subsection (4) of section
  162  1004.85, Florida Statutes, is amended to read:
  163         1004.85 Postsecondary educator preparation institutes.—
  164         (4) Continued approval of each program approved pursuant to
  165  this section shall be determined by the Commissioner of
  166  Education based upon a periodic review of the following areas:
  167         (b) Evidence of performance in each of the following areas:
  168         1. Placement rate of program completers into instructional
  169  positions in Florida public schools and private schools, if
  170  available.
  171         2. Rate of retention for employed program completers in
  172  instructional positions in Florida public schools.
  173         3. Performance of students in prekindergarten through grade
  174  12 who are assigned to in-field program completers on statewide
  175  assessments using the results of the student learning growth
  176  formula adopted under s. 1012.34.
  177         4. Performance of students in prekindergarten through grade
  178  12 who are assigned to in-field program completers aggregated by
  179  student subgroups, as defined in the federal Elementary and
  180  Secondary Education Act (ESEA), as amended by the Every Student
  181  Succeeds Act of 2015 (ESSA), 20 U.S.C. s. 6311(c)(2) 20 U.S.C.
  182  s. 6311(b)(2)(C)(v)(II), as a measure of how well the program
  183  prepares teachers to work with a diverse population of students
  184  in a variety of settings in Florida public schools.
  185         5. Results of program completers’ annual evaluations in
  186  accordance with the timeline as set forth in s. 1012.34.
  187         6. Production of program completers in statewide critical
  188  teacher shortage areas as identified in s. 1012.07.
  189         Section 6. Paragraph (c) of subsection (1) of section
  190  1008.31, Florida Statutes, is amended to read:
  191         1008.31 Florida’s K-20 education performance accountability
  192  system; legislative intent; mission, goals, and systemwide
  193  measures; data quality improvements.—
  194         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
  195  that:
  196         (c) The K-20 education performance accountability system
  197  comply with the requirements of the Elementary and Secondary
  198  Education Act (ESEA), as amended by the Every Student Succeeds
  199  Act of 2015 (ESSA), 20 U.S.C. ss. 6301 et seq. “No Child Left
  200  Behind Act of 2001,” Pub. L. No. 107-110, and the Individuals
  201  with Disabilities Education Act (IDEA).
  202         Section 7. Subsection (1) and paragraph (a) of subsection
  203  (3) of section 1008.33, Florida Statutes, are amended to read:
  204         1008.33 Authority to enforce public school improvement.—
  205         (1) The State Board of Education shall comply with the
  206  federal Elementary and Secondary Education Act (ESEA), as
  207  amended by the Every Student Succeeds Act of 2015 (ESSA), 20
  208  U.S.C. ss. 6301 et seq., and 20 U.S.C. ss. 6301 et seq., its
  209  implementing regulations, and the ESEA flexibility waiver
  210  approved for Florida by the United States Secretary of
  211  Education. The state board may adopt rules to maintain
  212  compliance with the ESEA and the ESEA flexibility waiver.
  213         (3)(a) The academic performance of all students has a
  214  significant effect on the state school system. Pursuant to Art.
  215  IX of the State Constitution, which prescribes the duty of the
  216  State Board of Education to supervise Florida’s public school
  217  system, the state board shall equitably enforce the
  218  accountability requirements of the state school system and may
  219  impose state requirements on school districts in order to
  220  improve the academic performance of all districts, schools, and
  221  students based upon the provisions of the Florida K-20 Education
  222  Code, chapters 1000-1013 and; the federal ESEA and its
  223  implementing regulations; and the ESEA flexibility waiver
  224  approved for Florida by the United States Secretary of
  225  Education.
  226         Section 8. Section 1008.332, Florida Statutes, is amended
  227  to read:
  228         1008.332 Committee of practitioners pursuant to federal law
  229  No Child Left Behind Act.—The Department of Education shall
  230  establish a committee of practitioners pursuant to federal
  231  requirements of the Elementary and Secondary Education Act, as
  232  amended by the Every Student Succeeds Act of 2015, 20 U.S.C. ss.
  233  6301 et seq No Child Left Behind Act of 2001. The committee
  234  members shall be appointed by the Commissioner of Education and
  235  shall annually report to the Governor, the President of the
  236  Senate, and the Speaker of the House of Representatives by
  237  January 1. The committee shall meet regularly and is authorized
  238  to review potential rules and policies that will be considered
  239  by the State Board of Education.
  240         Section 9. Subsection (4) of section 1008.34, Florida
  241  Statutes, is amended to read:
  242         1008.34 School grading system; school report cards;
  243  district grade.—
  244         (4) SCHOOL REPORT CARD.—The Department of Education shall
  245  annually develop, in collaboration with the school districts, a
  246  school report card to be provided by the school district to
  247  parents within the district. The report card shall include the
  248  school’s grade; student performance in English Language Arts,
  249  mathematics, science, and social studies; information regarding
  250  school improvement; an explanation of school performance as
  251  evaluated by the federal Elementary and Secondary Education Act
  252  (ESEA), as amended by the Every Student Succeeds Act of 2015
  253  (ESSA), 20 U.S.C. ss. 6301 et seq.; and indicators of return on
  254  investment. Each school’s report card shall be published
  255  annually by the department on its website based upon the most
  256  recent data available.
  257         Section 10. Subsection (13) of section 1011.62, Florida
  258  Statutes, is amended to read:
  259         1011.62 Funds for operation of schools.—If the annual
  260  allocation from the Florida Education Finance Program to each
  261  district for operation of schools is not determined in the
  262  annual appropriations act or the substantive bill implementing
  263  the annual appropriations act, it shall be determined as
  264  follows:
  265         (13) FEDERALLY CONNECTED STUDENT SUPPLEMENT.—The federally
  266  connected student supplement is created to provide supplemental
  267  funding for school districts to support the education of
  268  students connected with federally owned military installations,
  269  National Aeronautics and Space Administration (NASA) real
  270  property, and Indian lands. To be eligible for this supplement,
  271  the district must be eligible for federal Impact Aid Program
  272  funds under s. 7003 of Title VII s. 8003 of Title VIII of the
  273  Elementary and Secondary Education Act, as amended by the Every
  274  Student Succeeds Act of 2015, 20 U.S.C. ss. 6301 et seq of 1965.
  275  The supplement shall be allocated annually to each eligible
  276  school district in the General Appropriations Act. The
  277  supplement shall be the sum of the student allocation and an
  278  exempt property allocation.
  279         (a) The student allocation shall be calculated based on the
  280  number of students reported for federal Impact Aid Program
  281  funds, including students with disabilities, who meet one of the
  282  following criteria:
  283         1. The student has a parent who is on active duty in the
  284  uniformed services or is an accredited foreign government
  285  official and military officer. Students with disabilities shall
  286  also be reported separately for this category.
  287         2. The student resides on eligible federally owned Indian
  288  land. Students with disabilities shall also be reported
  289  separately for this category.
  290         3. The student resides with a civilian parent who lives or
  291  works on eligible federal property connected with a military
  292  installation or NASA. The number of these students shall be
  293  multiplied by a factor of 0.5.
  294         (b) The total number of federally connected students
  295  calculated under paragraph (a) shall be multiplied by a
  296  percentage of the base student allocation as provided in the
  297  General Appropriations Act. The total of the number of students
  298  with disabilities as reported separately under subparagraphs
  299  (a)1. and 2. shall be multiplied by an additional percentage of
  300  the base student allocation as provided in the General
  301  Appropriations Act. The base amount and the amount for students
  302  with disabilities shall be summed to provide the student
  303  allocation.
  304         (c) The exempt property allocation shall be equal to the
  305  tax-exempt value of federal impact aid lands reserved as
  306  military installations, real property owned by NASA, or eligible
  307  federally owned Indian lands located in the district, multiplied
  308  by the millage authorized and levied under s. 1011.71(2).
  309         (d) The amount allocated for each eligible school district
  310  shall be recalculated during the year using actual student
  311  membership, as amended, from the most recent February survey and
  312  the tax-exempt valuation from the most recent assessment roll.
  313  Upon recalculation, if the total allocation is greater than the
  314  amount provided in the General Appropriations Act, it must be
  315  prorated to the level of the appropriation based on each
  316  district’s share of the total recalculated amount.
  317         Section 11. Paragraph (d) of subsection (8) of section
  318  1012.56, Florida Statutes, is amended to read:
  319         1012.56 Educator certification requirements.—
  320         (8) PROFESSIONAL DEVELOPMENT CERTIFICATION AND EDUCATION
  321  COMPETENCY PROGRAM.—
  322         (d) The Commissioner of Education shall determine the
  323  continued approval of programs implemented under paragraph (a)
  324  based upon the department’s periodic review of the following:
  325         1. Evidence that the requirements in paragraph (a) are
  326  consistently met; and
  327         2. Evidence of performance in each of the following areas:
  328         a. Rate of retention for employed program completers in
  329  instructional positions in Florida public schools.
  330         b. Performance of students in prekindergarten through grade
  331  12 who are assigned to in-field program completers on statewide
  332  assessments using the results of the student learning growth
  333  formula adopted under s. 1012.34.
  334         c. Performance of students in prekindergarten through grade
  335  12 who are assigned to in-field program completers aggregated by
  336  student subgroups, as defined in the federal Elementary and
  337  Secondary Education Act (ESEA), as amended by the Every Student
  338  Succeeds Act of 2015 (ESSA), 20 U.S.C. s. 6311(c)(2) 20 U.S.C.
  339  s. 6311(b)(2)(C)(v)(II), as a measure of how well the program
  340  prepares teachers to work with a variety of students in Florida
  341  public schools.
  342         d. Results of program completers’ annual evaluations in
  343  accordance with the timeline as set forth in s. 1012.34.
  344         e. Production of program completers in statewide critical
  345  teacher shortage areas as defined in s. 1012.07.
  346         Section 12. This act shall take effect July 1, 2019.