The Florida Senate

232.245  Pupil progression; remedial instruction; reporting requirements.--

(1)  It is the intent of the Legislature that each student's progression from one grade to another be determined, in part, upon proficiency in reading, writing, science, and mathematics; that school district policies facilitate such proficiency; and that each student and his or her parent or legal guardian be informed of that student's academic progress.

(2)  Each district school board shall establish a comprehensive program for pupil progression which must include:

(a)  Standards for evaluating each pupil's performance, including how well he or she masters the performance standards approved by the state board according to s. 229.565; and

(b)  Specific levels of performance in reading, writing, science, and mathematics for each grade level, including the levels of performance on statewide assessments as defined by the Commissioner of Education, below which a student must receive remediation, or be retained within an intensive program that is different from the previous year's program and that takes into account the student's learning style. No student may be assigned to a grade level based solely on age or other factors that constitute social promotion. School boards shall allocate remedial and supplemental instruction resources first to students who fail to meet achievement performance levels required for promotion. The state board shall adopt rules to prescribe limited circumstances in which a student may be promoted without meeting the specific assessment performance levels prescribed by the district's pupil progression plan. Such rules shall specifically address the promotion of students with limited English proficiency and students with disabilities. A school district must consider an appropriate alternative placement for a student who has been retained 2 or more years.

(3)  Each student must participate in the statewide assessment tests required by s. 229.57. Each student who does not meet specific levels of performance as determined by the district school board in reading, writing, science, and mathematics for each grade level, or who does not meet specific levels of performance, determined by the Commissioner of Education, on statewide assessments at selected grade levels, must be provided with additional diagnostic assessments to determine the nature of the student's difficulty and areas of academic need. The school in which the student is enrolled must develop, in consultation with the student's parent or legal guardian, and must implement an academic improvement plan designed to assist the student in meeting state and district expectations for proficiency. Each plan must include the provision of intensive remedial instruction in the areas of weakness. Remedial instruction provided during high school may not be in lieu of English and mathematics credits required for graduation. Upon subsequent evaluation, if the documented deficiency has not been corrected in accordance with the academic improvement plan, the student may be retained. Each student who does not meet the minimum performance expectations defined by the Commissioner of Education for the statewide assessment tests in reading, writing, science, and mathematics must continue remedial or supplemental instruction until the expectations are met or the student graduates from high school or is not subject to compulsory school attendance.

(4)  Any student who exhibits substantial deficiency in reading skills, based on locally determined assessments conducted before the end of grade 1 or 2, or based on teacher recommendation, must be given intensive reading instruction immediately following the identification of the reading deficiency. The student's reading proficiency must be reassessed by locally determined assessment or based on teacher recommendation at the beginning of the grade following the intensive reading instruction, and the student must continue to be given intensive reading instruction until the reading deficiency is remedied. If the student's reading deficiency, as determined by the locally determined assessment at grades 1 and 2, or by the statewide assessment at grade 3, is not remedied by the end of grade 4, and if the student scores below the specific level of performance on the statewide assessment test in reading, the student must be retained. The local school board may exempt a student from mandatory retention for good cause.

(5)  Each district must annually report to the parent or legal guardian of each student the progress of the student towards achieving state and district expectations for proficiency in reading, writing, science, and mathematics. The district must report to the parent or legal guardian the student's results on each statewide assessment test. The evaluation of each student's progress must be based upon the student's classroom work, observations, tests, district and state assessments, and other relevant information. Progress reporting must be provided to the parent or legal guardian in writing in a format adopted by the district school board.

(6)  The Commissioner of Education shall adopt rules pursuant to ss. 120.536(1) and 120.54 for the administration of this section.

(7)  The Department of Education shall provide technical assistance as needed to aid school districts in administering this section.

History.--s. 15, ch. 76-223; s. 1, ch. 77-174; s. 4, ch. 78-424; s. 14, ch. 87-243; ss. 3, 28, ch. 87-329; s. 6, ch. 90-99; s. 34, ch. 91-105; s. 1265, ch. 95-147; s. 5, ch. 97-2; s. 28, ch. 97-190; s. 1, ch. 97-309; s. 16, ch. 99-398.