Florida Senate - 2012                                    SB 1522
       
       
       
       By Senator Montford
       
       
       
       
       6-01222-12                                            20121522__
    1                        A bill to be entitled                      
    2         An act relating to accountability in public schools;
    3         amending s. 1002.332, F.S., relating to the high
    4         performing charter school system; conforming
    5         provisions and cross-references to changes made by the
    6         act; amending s. 1008.22, F.S.; providing that
    7         students who are enrolled in high school courses
    8         requiring end-of-course assessments are not required
    9         to take the corresponding statewide comprehensive
   10         assessments; deleting an obsolete date; amending s.
   11         1008.33, F.S.; requiring that the State Board of
   12         Education comply with the federal Elementary and
   13         Secondary Education Act, including any waivers
   14         approved under that act; requiring that the Department
   15         of Education annually identify a public school based
   16         on the school’s grade designated pursuant to s.
   17         1008.34, F.S., for the purpose of determining whether
   18         the school requires intervention and support
   19         strategies for improvement; requiring that the
   20         department apply the most intense intervention
   21         strategies to schools that are identified as having a
   22         grade of “F” or schools that are consistently
   23         performing below the acceptable standards; requiring
   24         that a school district implement the district-managed
   25         turnaround plan and meet the plan’s requirements if
   26         the school district has a school identified as having
   27         a grade of “D” for 3 consecutive years; deleting
   28         provisions categorizing the lowest-performing schools;
   29         requiring that a school district select a turnaround
   30         plan option and submit a plan for approval by the
   31         State Board of Education; requiring that the school
   32         district implement the approved plan within 2 school
   33         years after the school has been identified as having a
   34         grade of “F”; providing that a school district may
   35         implement a combination of the available options or
   36         select another turnaround plan that has a demonstrated
   37         record of effectiveness; requiring that a school
   38         district submit another plan if a school does not
   39         improve and achieve a grade of “C” or does not meet
   40         the performance targets adopted by the State Board of
   41         Education; requiring that the plan be implemented at
   42         the beginning of the next school year after the
   43         implementation period of the previous option;
   44         providing exceptions; providing that implementation of
   45         the turnaround option is no longer required when a
   46         school achieves a grade of “C” and meets the
   47         performance targets; requiring that the State Board of
   48         Education establish and adopt performance targets in
   49         reading and mathematics; authorizing a school district
   50         to submit a request to the Department of Education for
   51         a hold status to implement a turnaround plan option in
   52         a school beyond the 2-year implementation period;
   53         requiring that the department grant the request if
   54         certain conditions are met; prohibiting a school from
   55         remaining in a hold status for more than 2 years;
   56         requiring that a school identified as having a grade
   57         of “F” before July 1, 2012, continue to implement the
   58         turnaround option; amending s. 1008.34, F.S.; revising
   59         provisions relating to the designation of school
   60         grades; deleting obsolete dates for including the
   61         learning gains of students seeking special diplomas;
   62         extending dates relating to student assessment data;
   63         requiring that a high school demonstrate that the
   64         graduation rate of its at-risk students is increasing
   65         in order to be designated as having a grade of “A”;
   66         requiring that district grades be calculated based on
   67         the student achievement and learning gains data used
   68         for calculating school grades, including students who
   69         are enrolled for a full school year in each school
   70         district and who meet other criteria for purposes of
   71         designating school grades; amending ss. 1012.07 and
   72         1012.2315, F.S.; conforming provisions and cross
   73         references to changes made by the act; providing an
   74         effective date.
   75  
   76  Be It Enacted by the Legislature of the State of Florida:
   77  
   78         Section 1. Paragraph (b) of subsection (1) of section
   79  1002.332, Florida Statutes, is amended to read:
   80         1002.332 High-performing charter school system.—
   81         (1) For purposes of this section, the term:
   82         (b) “High-performing charter school system” means an entity
   83  that:
   84         1. Operates at least three high-performing charter schools
   85  in the state;
   86         2. Operates a system of charter schools in which at least
   87  50 percent of the charter schools are high-performing charter
   88  schools pursuant to s. 1002.331 and in which none have been
   89  designated as having no charter school received a school grade
   90  of “D” or “F” pursuant to s. 1008.34, except that:
   91         a. If the entity has assumed operation of a public school
   92  pursuant to s. 1008.33(5)(b)3. which has been identified as
   93  having 1008.33(5)(a)3. with a school grade of “D” or “F,” the
   94  public that school’s grade may shall not be considered in
   95  determining high-performing charter school system status for a
   96  period of 3 years.
   97         b. If the entity establishes a new charter school that
   98  serves a student population the majority of which resides in a
   99  school zone served by a public school that is identified as
  100  having a grade of “F” or is consistently performing below the
  101  acceptable standards as provided in lowest performing under s.
  102  1008.33(4) 1008.33(4)(b), that charter school’s grade may shall
  103  not be considered in determining high-performing charter school
  104  system status if it attains and maintains a school grade that is
  105  higher than that of the public school serving that school zone
  106  within 3 years after establishment; and
  107         3. Has not received a financial audit that revealed one or
  108  more of the financial emergency conditions set forth in s.
  109  218.503(1) for any charter school assumed or established by the
  110  entity.
  111         Section 2. Paragraph (c) of subsection (3) of section
  112  1008.22, Florida Statutes, is amended to read:
  113         1008.22 Student assessment program for public schools.—
  114         (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
  115  design and implement a statewide program of educational
  116  assessment that provides information for the improvement of the
  117  operation and management of the public schools, including
  118  schools operating for the purpose of providing educational
  119  services to youth in Department of Juvenile Justice programs.
  120  The commissioner may enter into contracts for the continued
  121  administration of the assessment, testing, and evaluation
  122  programs authorized and funded by the Legislature. Contracts may
  123  be initiated in 1 fiscal year and continue into the next and may
  124  be paid from the appropriations of either or both fiscal years.
  125  The commissioner is authorized to negotiate for the sale or
  126  lease of tests, scoring protocols, test scoring services, and
  127  related materials developed pursuant to law. Pursuant to the
  128  statewide assessment program, the commissioner shall:
  129         (c) Develop and implement a student achievement testing
  130  program as follows:
  131         1. The Florida Comprehensive Assessment Test (FCAT)
  132  measures a student’s content knowledge and skills in reading,
  133  writing, science, and mathematics. The content knowledge and
  134  skills assessed by the FCAT must be aligned to the core
  135  curricular content established in the Next Generation Sunshine
  136  State Standards. Other content areas may be included as directed
  137  by the commissioner. Comprehensive assessments of reading and
  138  mathematics shall be administered annually in grades 3 through
  139  10 except, beginning with the 2010-2011 school year, the
  140  administration of grade 9 FCAT Mathematics shall be
  141  discontinued, and beginning with the 2011-2012 school year, the
  142  administration of grade 10 FCAT Mathematics shall be
  143  discontinued, except as required for students who have not
  144  attained minimum performance expectations for graduation as
  145  provided in paragraph (9)(c). FCAT Writing and FCAT Science
  146  shall be administered at least once at the elementary, middle,
  147  and high school levels except, beginning with the 2011-2012
  148  school year, the administration of FCAT Science at the high
  149  school level shall be discontinued.
  150         2.a. End-of-course assessments for a subject shall be
  151  administered in addition to the comprehensive assessments
  152  required under subparagraph 1. However, students who are
  153  enrolled in high school courses requiring end-of-course
  154  assessments are not required to take the corresponding statewide
  155  comprehensive assessments. End-of-course assessments must be
  156  rigorous, statewide, standardized, and developed or approved by
  157  the department. The content knowledge and skills assessed by
  158  end-of-course assessments must be aligned to the core curricular
  159  content established in the Next Generation Sunshine State
  160  Standards.
  161         (I) Statewide, standardized end-of-course assessments in
  162  mathematics shall be administered according to this sub-sub
  163  subparagraph. Beginning with the 2010-2011 school year, all
  164  students enrolled in Algebra I or an equivalent course must take
  165  the Algebra I end-of-course assessment. For students entering
  166  grade 9 during the 2010-2011 school year and who are enrolled in
  167  Algebra I or an equivalent course, each student’s performance on
  168  the end-of-course assessment in Algebra I shall constitute 30
  169  percent of the student’s final course grade. Beginning with
  170  students entering grade 9 in the 2011-2012 school year, a
  171  student who is enrolled in Algebra I or an equivalent course
  172  must earn a passing score on the end-of-course assessment in
  173  Algebra I or attain an equivalent score as described in
  174  subsection (11) in order to earn course credit. Beginning with
  175  the 2011-2012 school year, all students enrolled in geometry or
  176  an equivalent course must take the geometry end-of-course
  177  assessment. For students entering grade 9 during the 2011-2012
  178  school year, each student’s performance on the end-of-course
  179  assessment in geometry shall constitute 30 percent of the
  180  student’s final course grade. Beginning with students entering
  181  grade 9 during the 2012-2013 school year, a student must earn a
  182  passing score on the end-of-course assessment in geometry or
  183  attain an equivalent score as described in subsection (11) in
  184  order to earn course credit.
  185         (II) Statewide, standardized end-of-course assessments in
  186  science shall be administered according to this sub-sub
  187  subparagraph. Beginning with the 2011-2012 school year, all
  188  students enrolled in Biology I or an equivalent course must take
  189  the Biology I end-of-course assessment. For the 2011-2012 school
  190  year, each student’s performance on the end-of-course assessment
  191  in Biology I shall constitute 30 percent of the student’s final
  192  course grade. Beginning with students entering grade 9 during
  193  the 2012-2013 school year, a student must earn a passing score
  194  on the end-of-course assessment in Biology I in order to earn
  195  course credit.
  196         b. During the 2012-2013 school year, an end-of-course
  197  assessment in civics education shall be administered as a field
  198  test at the middle school level. During the 2013-2014 school
  199  year, each student’s performance on the statewide, standardized
  200  end-of-course assessment in civics education shall constitute 30
  201  percent of the student’s final course grade. Beginning with the
  202  2014-2015 school year, a student must earn a passing score on
  203  the end-of-course assessment in civics education in order to
  204  pass the course and be promoted from the middle grades. The
  205  school principal of a middle school shall determine, in
  206  accordance with State Board of Education rule, whether a student
  207  who transfers to the middle school and who has successfully
  208  completed a civics education course at the student’s previous
  209  school must take an end-of-course assessment in civics
  210  education.
  211         c. The commissioner may select one or more nationally
  212  developed comprehensive examinations, which may include, but
  213  need not be limited to, examinations for a College Board
  214  Advanced Placement course, International Baccalaureate course,
  215  or Advanced International Certificate of Education course, or
  216  industry-approved examinations to earn national industry
  217  certifications identified in the Industry Certification Funding
  218  List, pursuant to rules adopted by the State Board of Education,
  219  for use as end-of-course assessments under this paragraph, if
  220  the commissioner determines that the content knowledge and
  221  skills assessed by the examinations meet or exceed the grade
  222  level expectations for the core curricular content established
  223  for the course in the Next Generation Sunshine State Standards.
  224  The commissioner may collaborate with the American Diploma
  225  Project in the adoption or development of rigorous end-of-course
  226  assessments that are aligned to the Next Generation Sunshine
  227  State Standards.
  228         d. Contingent upon funding provided in the General
  229  Appropriations Act, including the appropriation of funds
  230  received through federal grants, the Commissioner of Education
  231  shall establish an implementation schedule for the development
  232  and administration of additional statewide, standardized end-of
  233  course assessments in English/Language Arts II, Algebra II,
  234  chemistry, physics, earth/space science, United States history,
  235  and world history. Priority shall be given to the development of
  236  end-of-course assessments in English/Language Arts II. The
  237  Commissioner of Education shall evaluate the feasibility and
  238  effect of transitioning from the grade 9 and grade 10 FCAT
  239  Reading and high school level FCAT Writing to an end-of-course
  240  assessment in English/Language Arts II. The commissioner shall
  241  report the results of the evaluation to the President of the
  242  Senate and the Speaker of the House of Representatives no later
  243  than July 1, 2011.
  244         3. The testing program shall measure student content
  245  knowledge and skills adopted by the State Board of Education as
  246  specified in paragraph (a) and measure and report student
  247  performance levels of all students assessed in reading, writing,
  248  mathematics, and science. The commissioner shall provide for the
  249  tests to be developed or obtained, as appropriate, through
  250  contracts and project agreements with private vendors, public
  251  vendors, public agencies, postsecondary educational
  252  institutions, or school districts. The commissioner shall obtain
  253  input with respect to the design and implementation of the
  254  testing program from state educators, assistive technology
  255  experts, and the public.
  256         4. The testing program shall be composed of criterion
  257  referenced tests that shall, to the extent determined by the
  258  commissioner, include test items that require the student to
  259  produce information or perform tasks in such a way that the core
  260  content knowledge and skills he or she uses can be measured.
  261         5. FCAT Reading, Mathematics, and Science and all
  262  statewide, standardized end-of-course assessments shall measure
  263  the content knowledge and skills a student has attained on the
  264  assessment by the use of scaled scores and achievement levels.
  265  Achievement levels shall range from 1 through 5, with level 1
  266  being the lowest achievement level, level 5 being the highest
  267  achievement level, and level 3 indicating satisfactory
  268  performance on an assessment. For purposes of FCAT Writing,
  269  student achievement shall be scored using a scale of 1 through 6
  270  and the score earned shall be used in calculating school grades.
  271  A score shall be designated for each subject area tested, below
  272  which score a student’s performance is deemed inadequate. The
  273  school districts shall provide appropriate remedial instruction
  274  to students who score below these levels.
  275         6. The State Board of Education shall, by rule, designate a
  276  passing score for each part of the grade 10 assessment test and
  277  end-of-course assessments. Any rule that has the effect of
  278  raising the required passing scores may apply only to students
  279  taking the assessment for the first time after the rule is
  280  adopted by the State Board of Education. Except as otherwise
  281  provided in this subparagraph and as provided in s.
  282  1003.428(8)(b) or s. 1003.43(11)(b), students must earn a
  283  passing score on grade 10 FCAT Reading and grade 10 FCAT
  284  Mathematics or attain concordant scores as described in
  285  subsection (10) in order to qualify for a standard high school
  286  diploma.
  287         7. In addition to designating a passing score under
  288  subparagraph 6., the State Board of Education shall also
  289  designate, by rule, a score for each statewide, standardized
  290  end-of-course assessment which indicates that a student is high
  291  achieving and has the potential to meet college-readiness
  292  standards by the time the student graduates from high school.
  293         8. Participation in the testing program is mandatory for
  294  all students attending public school, including students served
  295  in Department of Juvenile Justice programs, except as otherwise
  296  prescribed by the commissioner. A student who has not earned
  297  passing scores on the grade 10 FCAT as provided in subparagraph
  298  6. must participate in each retake of the assessment until the
  299  student earns passing scores or achieves scores on a
  300  standardized assessment which are concordant with passing scores
  301  pursuant to subsection (10). If a student does not participate
  302  in the statewide assessment, the district must notify the
  303  student’s parent and provide the parent with information
  304  regarding the implications of such nonparticipation. A parent
  305  must provide signed consent for a student to receive classroom
  306  instructional accommodations that would not be available or
  307  permitted on the statewide assessments and must acknowledge in
  308  writing that he or she understands the implications of such
  309  instructional accommodations. The State Board of Education shall
  310  adopt rules, based upon recommendations of the commissioner, for
  311  the provision of test accommodations for students in exceptional
  312  education programs and for students who have limited English
  313  proficiency. Accommodations that negate the validity of a
  314  statewide assessment are not allowable in the administration of
  315  the FCAT or an end-of-course assessment. However, instructional
  316  accommodations are allowable in the classroom if included in a
  317  student’s individual education plan. Students using
  318  instructional accommodations in the classroom which that are not
  319  allowable as accommodations on the FCAT or an end-of-course
  320  assessment may have the FCAT or an end-of-course assessment
  321  requirement waived pursuant to the requirements of s.
  322  1003.428(8)(b) or s. 1003.43(11)(b).
  323         9. A student seeking an adult high school diploma must meet
  324  the same testing requirements that a regular high school student
  325  must meet.
  326         10. District school boards must provide instruction to
  327  prepare students in the core curricular content established in
  328  the Next Generation Sunshine State Standards adopted under s.
  329  1003.41, including the core content knowledge and skills
  330  necessary for successful grade-to-grade progression and high
  331  school graduation. If a student is provided with instructional
  332  accommodations in the classroom which that are not allowable as
  333  accommodations in the statewide assessment program, as described
  334  in the test manuals, the district must inform the parent in
  335  writing and must provide the parent with information regarding
  336  the impact on the student’s ability to meet expected performance
  337  levels in reading, writing, mathematics, and science. The
  338  commissioner shall conduct studies as necessary to verify that
  339  the required core curricular content is part of the district
  340  instructional programs.
  341         11. District school boards must provide opportunities for
  342  students to demonstrate an acceptable performance level on an
  343  alternative standardized assessment approved by the State Board
  344  of Education following enrollment in summer academies.
  345         12. The Department of Education must develop, or select,
  346  and implement a common battery of assessment tools that will be
  347  used in all juvenile justice programs in the state. These tools
  348  must accurately measure the core curricular content established
  349  in the Next Generation Sunshine State Standards.
  350         13. For students seeking a special diploma pursuant to s.
  351  1003.438, the Department of Education must develop or select and
  352  implement an alternate assessment tool that accurately measures
  353  the core curricular content established in the Next Generation
  354  Sunshine State Standards for students with disabilities under s.
  355  1003.438.
  356         14. The Commissioner of Education shall establish schedules
  357  for the administration of statewide assessments and the
  358  reporting of student test results. When establishing the
  359  schedules for the administration of statewide assessments, the
  360  commissioner shall consider the observance of religious and
  361  school holidays. The commissioner shall, by August 1 of each
  362  year, notify each school district in writing and publish on the
  363  department’s Internet website the testing and reporting
  364  schedules for, at a minimum, the school year following the
  365  upcoming school year. The testing and reporting schedules shall
  366  require that:
  367         a. There is the latest possible administration of statewide
  368  assessments and the earliest possible reporting to the school
  369  districts of student test results which is feasible within
  370  available technology and specific appropriations; however, test
  371  results for the FCAT must be made available no later than the
  372  week of June 8. Student results for end-of-course assessments
  373  must be provided no later than 1 week after the school district
  374  completes testing for each course. The commissioner may extend
  375  the reporting schedule under exigent circumstances.
  376         b. FCAT Writing may not be administered earlier than the
  377  week of March 1, and a comprehensive statewide assessment of any
  378  other subject may not be administered earlier than the week of
  379  April 15.
  380         c. A statewide, standardized end-of-course assessment is
  381  administered at the end of the course. The commissioner shall
  382  select an administration period for assessments that meets the
  383  intent of end-of-course assessments and provides student results
  384  prior to the end of the course. School districts shall
  385  administer tests in accordance with the schedule determined by
  386  the commissioner. For an end-of-course assessment administered
  387  at the end of the first semester, the commissioner shall
  388  determine the most appropriate testing dates based on a review
  389  of each school district’s academic calendar.
  390  
  391  The commissioner may, based on collaboration and input from
  392  school districts, design and implement student testing programs,
  393  for any grade level and subject area, necessary to effectively
  394  monitor educational achievement in the state, including the
  395  measurement of educational achievement of the Next Generation
  396  Sunshine State Standards for students with disabilities.
  397  Development and refinement of assessments shall include
  398  universal design principles and accessibility standards that
  399  will prevent any unintended obstacles for students with
  400  disabilities while ensuring the validity and reliability of the
  401  test. These principles shall should be applicable to all
  402  technology platforms and assistive devices available for the
  403  assessments. The field testing process and psychometric analyses
  404  for the statewide assessment program must include an appropriate
  405  percentage of students with disabilities and an evaluation or
  406  determination of the effect of test items on such students.
  407         Section 3. Section 1008.33, Florida Statutes, is amended to
  408  read:
  409         1008.33 Authority to enforce public school improvement.—
  410         (1) The State Board of Education shall comply with the
  411  federal Elementary and Secondary Education Act (ESEA), 20 U.S.C.
  412  ss. 6301 et seq., including any waivers approved under the act,
  413  and its implementing regulations. The State Board of Education
  414  is authorized to adopt rules in compliance with the ESEA and,
  415  after evaluating and determining that the ESEA and its
  416  implementing regulations are consistent with the statements of
  417  purpose set forth in the ESEA (2002), may adopt rules to
  418  maintain compliance with the ESEA, including any waivers
  419  approved under the act.
  420         (2)(a) Pursuant to subsection (1) and ss. 1008.34,
  421  1008.345, and 1008.385, the State Board of Education shall hold
  422  all school districts and public schools accountable for student
  423  performance. The state board is responsible for a state system
  424  of school improvement and education accountability that assesses
  425  student performance by school, identifies schools in which
  426  students are not making adequate progress toward state
  427  standards, and institutes appropriate measures for enforcing
  428  improvement.
  429         (b) The state system of school improvement and education
  430  accountability must provide for uniform accountability
  431  standards, provide assistance of escalating intensity to low
  432  performing schools, direct support to schools in order to
  433  improve and sustain performance, focus on the performance of
  434  student subgroups, and enhance student performance.
  435         (c) School districts must be held accountable for improving
  436  the academic achievement of all students and for identifying and
  437  turning around low-performing schools.
  438         (3)(a) The academic performance of all students has a
  439  significant effect on the state school system. Pursuant to Art.
  440  IX of the State Constitution, which prescribes the duty of the
  441  State Board of Education to supervise Florida’s public school
  442  system, the State Board of Education shall equitably enforce the
  443  accountability requirements of the state school system and may
  444  impose state requirements on school districts in order to
  445  improve the academic performance of all districts, schools, and
  446  students based upon the provisions of the Florida K-20 Education
  447  Code, chapters 1000-1013, and the federal Elementary and
  448  Secondary Education Act, 20 U.S.C. ss. 6301 et seq., including
  449  any waivers approved under the act, and its implementing
  450  regulations.
  451         (b) For the purpose of determining whether a public school
  452  requires action to achieve a sufficient level of school
  453  improvement, beginning with the 2012-2013 2010-2011 school year,
  454  the Department of Education shall annually identify categorize a
  455  public school in one of six categories based on the following:
  456         1. a school’s grade based upon statewide assessments
  457  administered pursuant to s. 1008.34 1008.22; and
  458         2. The level and rate of change in student performance in
  459  the areas of reading and mathematics, disaggregated into student
  460  subgroups as described in the federal Elementary and Secondary
  461  Education Act, 20 U.S.C. s. 6311(b)(2)(C)(v)(II).
  462         (c) Appropriate intervention and support strategies shall
  463  be applied to schools that require action to achieve a
  464  sufficient level of improvement as described in paragraph (b).
  465  The intervention and support strategies must address student
  466  performance, including, but not limited to, improvement
  467  planning, leadership quality improvement, educator quality
  468  improvement, professional development, curriculum alignment and
  469  pacing, and the use of continuous improvement and monitoring
  470  plans and processes. The State Board of Education may prescribe
  471  reporting requirements to review and monitor the progress of the
  472  schools.
  473         (4) The Department of Education shall create a matrix that
  474  reflects intervention and support strategies to address the
  475  particular needs of each school schools in each category.
  476         (a) Intervention and support strategies shall be applied to
  477  a school schools based upon the school’s grade school
  478  categorization pursuant to s. 1008.34 paragraph (3)(b). The
  479  Department of Education shall apply the most intense
  480  intervention strategies to the lowest-performing schools that
  481  are identified as having a grade of “F” and are consistently
  482  performing below the acceptable standards. A school district
  483  that has a school identified as having a grade of “D” for 3
  484  consecutive years must implement the district-managed turnaround
  485  plan and must meet all of the plan’s requirements pursuant to a
  486  timeline prescribed by rule. For all but the lowest category and
  487  “F” schools in the second lowest category, the intervention and
  488  support strategies shall be administered solely by the districts
  489  and the schools.
  490         (b) The lowest-performing schools are schools that are
  491  categorized pursuant to paragraph (3)(b) and have received:
  492         1. A grade of “F” in the most recent school year and in 4
  493  of the last 6 years; or
  494         2. A grade of “D” or “F” in the most recent school year and
  495  meet at least three of the following criteria:
  496         a. The percentage of students who are not proficient in
  497  reading has increased when compared to measurements taken 5
  498  years previously;
  499         b. The percentage of students who are not proficient in
  500  mathematics has increased when compared to measurements taken 5
  501  years previously;
  502         c. At least 65 percent of the school’s students are not
  503  proficient in reading; or
  504         d. At least 65 percent of the school’s students are not
  505  proficient in mathematics.
  506         (5)(a) If In the school year after a school is initially
  507  identified as having a grade of “F” a school in the lowest
  508  performing category, the school district must select one of the
  509  options in paragraph (b) and submit a plan, which is subject to
  510  approval by the State Board of Education, pursuant to a timeline
  511  prescribed by rule for implementing one of the following options
  512  at the beginning of the next school year. The school district
  513  shall implement the approved plan in the school within 2 school
  514  years after being identified as having a grade of “F.” The plan
  515  must be implemented unless the school moves from the lowest
  516  performing category:
  517         (b) A school district shall select one of the following
  518  options to address a school identified as having a grade of “F”:
  519         1. Convert the school to a district-managed turnaround
  520  school by means that include implementing a turnaround plan
  521  approved by the Commissioner of Education which shall become the
  522  school’s improvement plan;
  523         2. Reassign students to another school and monitor the
  524  progress of each reassigned student;
  525         3. Close the school and reopen the school as one or more
  526  charter schools, each with a governing board that has a
  527  demonstrated record of effectiveness; or
  528         4. Contract with an outside entity that has a demonstrated
  529  record of effectiveness to operate the school; or
  530         5. Implement a combination of the options in subparagraphs
  531  1.-4. or another turnaround plan that has a demonstrated record
  532  of effectiveness.
  533         (c)(b) If a school does not improve so that it is
  534  identified as having a grade of “C” and does not meet the
  535  performance targets in reading and mathematics adopted by the
  536  State Board of Education during the implementation of the
  537  turnaround plan move from the lowest-performing category during
  538  the initial year of implementing one of the options in paragraph
  539  (a), the school district must submit another a plan, which is
  540  subject to approval by the State Board of Education, for
  541  implementing a different option in paragraph (b) (a). The
  542  approved plan must be implemented at the beginning of the next
  543  school year after the implementation period of the previous
  544  option, unless the school qualifies for a hold status pursuant
  545  to subsection (7) or the State Board of Education determines
  546  that the school is likely to improve so that it is identified as
  547  having a grade of “C” and will meet the performance targets in
  548  reading and mathematics adopted by the State Board of Education
  549  move from the lowest-performing category if additional time is
  550  provided to implement intervention and support strategies. The
  551  State Board of Education shall determine whether a school
  552  district may continue to implement an option beyond 1 year while
  553  a school remains in the lowest-performing category.
  554         (6)(a)Implementation of a turnaround plan option as
  555  provided in paragraph (5)(b) is no longer required when a school
  556  identified as having a grade of “F” achieves a grade of “C” and
  557  meets the performance targets in reading and mathematics. In
  558  order to advance to a higher category, a school must make
  559  significant progress by improving its school grade and by
  560  increasing student performance in mathematics and reading.
  561  Student performance must be evaluated for each student subgroup
  562  as set forth in paragraph (3)(b).
  563         (b) The State Board of Education shall establish and adopt
  564  performance targets in reading and mathematics which a school
  565  must meet in order to achieve a higher grade.
  566         (c) The performance targets in reading and mathematics
  567  shall be established and adopted in the year during which a
  568  school is identified as having a grade of “F.” The performance
  569  targets may not change until the school is identified as having
  570  a grade of “C” and meets the performance targets.
  571         (7)(a) A school district may submit a request to the
  572  Department of Education for a hold status authorizing the school
  573  district to implement a turnaround plan option in a school
  574  beyond the 2-year implementation period.
  575         (b) The department shall grant a school district’s request
  576  for a hold status when:
  577         1. The school improves a letter grade; or
  578         2. The performance targets in reading and mathematics are
  579  met.
  580         (c) A school may not remain in a hold status for more than
  581  2 school years. The school district must implement the approved
  582  plan in the school at the beginning of the school year after the
  583  expiration of the hold status, unless the State Board of
  584  Education determines that the school is likely to improve so
  585  that it is identified as having a grade of “C” and will meet the
  586  performance targets in reading and mathematics adopted by the
  587  State Board of Education if additional time is provided to
  588  implement intervention and support strategies.
  589         (8) A school identified as having a grade of “F” before
  590  July 1, 2012, shall continue to implement a turnaround plan
  591  option provided in paragraph (5)(b), unless the school improves
  592  so that it is identified as having a grade of “C” and meets the
  593  performance targets in reading and mathematics adopted for the
  594  2012 school year or it meets the exit criteria previously set
  595  forth in administrative rule.
  596         (9)(7) Beginning July 1, 2009, the Department of Education
  597  shall commence its duties under this section.
  598         (10)(8)By July 1, 2010, The State Board of Education shall
  599  adopt rules pursuant to ss. 120.536(1) and 120.54 to administer
  600  this section. The state board shall consult with education
  601  stakeholders in developing the rules.
  602         Section 4. Paragraphs (b) and (c) of subsection (3) and
  603  subsection (7) of section 1008.34, Florida Statutes, are amended
  604  to read:
  605         1008.34 School grading system; school report cards;
  606  district grade.—
  607         (3) DESIGNATION OF SCHOOL GRADES.—
  608         (b)1. A school’s grade shall be based on a combination of:
  609         a. Student achievement scores, including achievement on all
  610  FCAT assessments administered under s. 1008.22(3)(c)1., end-of
  611  course assessments administered under s. 1008.22(3)(c)2.a., and
  612  achievement scores for students seeking a special diploma.
  613         b. Student learning gains in reading and mathematics as
  614  measured by FCAT and end-of-course assessments, as described in
  615  s. 1008.22(3)(c)1. and 2.a. The learning gains for students
  616  seeking a special diplomas diploma, as measured by an alternate
  617  assessment tool, shall be included not later than the 2009-2010
  618  school year.
  619         c. Improvement of the lowest 25th percentile of students in
  620  the school in reading and mathematics on the FCAT or end-of
  621  course assessments described in s. 1008.22(3)(c)2.a., unless
  622  these students are exhibiting satisfactory performance.
  623         2. Beginning with the 2011-2012 school year, for schools
  624  comprised of middle school grades 6 through 8 or grades 7 and 8,
  625  the school’s grade shall include the performance and
  626  participation of its students enrolled in high school level
  627  courses with end-of-course assessments administered under s.
  628  1008.22(3)(c)2.a. Performance and participation must be weighted
  629  equally. As valid data becomes available, the school grades
  630  shall include the students’ attainment of national industry
  631  certification identified in the Industry Certification Funding
  632  List pursuant to rules adopted by the State Board of Education.
  633         3. Beginning with the 2009-2010 school year for schools
  634  comprised of high school grades 9, 10, 11, and 12, or grades 10,
  635  11, and 12, 50 percent of the school grade shall be based on a
  636  combination of the factors listed in sub-subparagraphs 1.a.-c.
  637  and the remaining 50 percent on the following factors:
  638         a. The high school graduation rate of the school;
  639         b. As valid data becomes available, the performance and
  640  participation of the school’s students in College Board Advanced
  641  Placement courses, International Baccalaureate courses, dual
  642  enrollment courses, and Advanced International Certificate of
  643  Education courses; and the students’ achievement of national
  644  industry certification identified in the Industry Certification
  645  Funding List, pursuant to rules adopted by the State Board of
  646  Education;
  647         c. The postsecondary readiness of the school’s students who
  648  graduate on time as measured by the SAT, ACT, or the common
  649  placement test;
  650         d. The high school graduation rate of at-risk students who
  651  scored at Level 2 or lower on the grade 8 FCAT Reading and
  652  Mathematics examinations;
  653         e. As valid data becomes available, the performance of the
  654  school’s students on statewide standardized end-of-course
  655  assessments administered under s. 1008.22(3)(c)2.c. and d.; and
  656         f. The growth or decline in the components listed in sub
  657  subparagraphs a.-e. from year to year.
  658         (c) Student assessment data used in determining school
  659  grades shall include:
  660         1. The aggregate scores of all eligible students enrolled
  661  in the school who have been assessed on the FCAT and statewide,
  662  standardized end-of-course assessments in courses required for
  663  high school graduation, including, beginning with the 2011-2012
  664  2010-2011 school year, the end-of-course assessment in Algebra
  665  I; and beginning with the 2012-2013 2011-2012 school year, the
  666  end-of-course assessments in geometry and Biology; and beginning
  667  with the 2014-2015 2013-2014 school year, on the statewide,
  668  standardized end-of-course assessment in civics education at the
  669  middle school level.
  670         2. The aggregate scores of all eligible students enrolled
  671  in the school who have been assessed on the FCAT and end-of
  672  course assessments as described in s. 1008.22(3)(c)2.a., and who
  673  have scored at or in the lowest 25th percentile of students in
  674  the school in reading and mathematics, unless these students are
  675  exhibiting satisfactory performance.
  676         3. The achievement scores and learning gains of eligible
  677  students attending alternative schools that provide dropout
  678  prevention and academic intervention services pursuant to s.
  679  1003.53. The term “eligible students” in this subparagraph does
  680  not include students attending an alternative school who are
  681  subject to district school board policies for expulsion for
  682  repeated or serious offenses, who are in dropout retrieval
  683  programs serving students who have officially been designated as
  684  dropouts, or who are in programs operated or contracted by the
  685  Department of Juvenile Justice. The student performance data for
  686  eligible students identified in this subparagraph shall be
  687  included in the calculation of the home school’s grade. As used
  688  in this subparagraph and s. 1008.341, the term “home school”
  689  means the school to which the student would be assigned if the
  690  student were not assigned to an alternative school. If an
  691  alternative school chooses to be graded under this section,
  692  student performance data for eligible students identified in
  693  this subparagraph shall not be included in the home school’s
  694  grade but shall be included only in the calculation of the
  695  alternative school’s grade. A school district that fails to
  696  assign the FCAT and end-of-course assessment as described in s.
  697  1008.22(3)(c)2.a. scores of each of its students to his or her
  698  home school or to the alternative school that receives a grade
  699  shall forfeit Florida School Recognition Program funds for 1
  700  fiscal year. School districts must require collaboration between
  701  the home school and the alternative school in order to promote
  702  student success. This collaboration must include an annual
  703  discussion between the principal of the alternative school and
  704  the principal of each student’s home school concerning the most
  705  appropriate school assignment of the student.
  706         4. The achievement scores and learning gains of students
  707  designated as hospital- or homebound. Student assessment data
  708  for students designated as hospital- or homebound shall be
  709  assigned to their home school for the purposes of school grades.
  710  As used in this subparagraph, the term “home school” means the
  711  school to which a student would be assigned if the student were
  712  not assigned to a hospital- or homebound program.
  713         5. For schools comprised of high school grades 9, 10, 11,
  714  and 12, or grades 10, 11, and 12, the data listed in
  715  subparagraphs 1.-3. and the following data as the Department of
  716  Education determines such data are valid and available:
  717         a. The high school graduation rate of the school as
  718  calculated by the Department of Education;
  719         b. The participation rate of all eligible students enrolled
  720  in the school and enrolled in College Board Advanced Placement
  721  courses; International Baccalaureate courses; dual enrollment
  722  courses; Advanced International Certificate of Education
  723  courses; and courses or sequences of courses leading to national
  724  industry certification identified in the Industry Certification
  725  Funding List, pursuant to rules adopted by the State Board of
  726  Education;
  727         c. The aggregate scores of all eligible students enrolled
  728  in the school in College Board Advanced Placement courses,
  729  International Baccalaureate courses, and Advanced International
  730  Certificate of Education courses;
  731         d. Earning of college credit by all eligible students
  732  enrolled in the school in dual enrollment programs under s.
  733  1007.271;
  734         e. Earning of a national industry certification identified
  735  in the Industry Certification Funding List, pursuant to rules
  736  adopted by the State Board of Education;
  737         f. The aggregate scores of all eligible students enrolled
  738  in the school in reading, mathematics, and other subjects as
  739  measured by the SAT, the ACT, and the common placement test for
  740  postsecondary readiness;
  741         g. The high school graduation rate of all eligible at-risk
  742  students enrolled in the school who scored at Level 2 or lower
  743  on the grade 8 FCAT Reading and Mathematics examinations;
  744         h. The performance of the school’s students on statewide
  745  standardized end-of-course assessments administered under s.
  746  1008.22(3)(c)2.c. and d.; and
  747         i. The growth or decline in the data components listed in
  748  sub-subparagraphs a.-h. from year to year.
  749  
  750  The State Board of Education shall adopt appropriate criteria
  751  for each school grade. The criteria must also give added weight
  752  to student achievement in reading. Schools designated with a
  753  grade of “C,” making satisfactory progress, shall be required to
  754  demonstrate that adequate progress has been made by students in
  755  the school who are in the lowest 25th percentile in reading and
  756  mathematics on the FCAT and end-of-course assessments as
  757  described in s. 1008.22(3)(c)2.a., unless these students are
  758  exhibiting satisfactory performance. Beginning with the 2009
  759  2010 school year for schools comprised of high school grades 9,
  760  10, 11, and 12, or grades 10, 11, and 12, the criteria for
  761  school grades must also give added weight to the graduation rate
  762  of all eligible at-risk students, as defined in rule this
  763  paragraph. Beginning in the 2009-2010 school year, In order for
  764  a high school to be designated as having a grade of “A,” making
  765  excellent progress, the school must demonstrate that the
  766  graduation rate of its at-risk students, as defined in rule this
  767  paragraph, is increasing in the school are making adequate
  768  progress.
  769         (7) DISTRICT GRADE.—The annual report required by
  770  subsection (1) shall include district grades that, which shall
  771  be calculated based on the student achievement and learning
  772  gains data used for calculating school grades, including
  773  students who are enrolled for a full school year in each school
  774  district and who meet other criteria for purposes of designating
  775  school grades consist of weighted district average grades, by
  776  level, for all elementary schools, middle schools, and high
  777  schools in the district. A district’s weighted average grade
  778  shall be calculated by weighting individual school grades
  779  determined pursuant to subsection (2) by school enrollment.
  780         Section 5. Section 1012.07, Florida Statutes, is amended to
  781  read:
  782         1012.07 Identification of critical teacher shortage areas.
  783  The term “critical teacher shortage area” means high-need
  784  content areas and high-priority location areas identified by the
  785  State Board of Education. The State Board of Education shall
  786  adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to
  787  annually identify critical teacher shortage areas. The state
  788  board must consider current and emerging educational
  789  requirements and workforce demands in determining critical
  790  teacher shortage areas. School grade levels may also be
  791  designated critical teacher shortage areas. Individual district
  792  school boards may identify and submit other critical teacher
  793  shortage areas. Such submissions must be aligned to current and
  794  emerging educational requirements and workforce demands in order
  795  to be approved by the State Board of Education. High-priority
  796  location areas shall be in high-density, low-economic urban
  797  schools; low-density, low-economic rural schools; and schools
  798  identified as having a grade of “F” or schools that are
  799  consistently performing below the acceptable standards lowest
  800  performing under s. 1008.33(4) 1008.33(4)(b).
  801         Section 6. Subsection (2) of section 1012.2315, Florida
  802  Statutes, is amended to read:
  803         1012.2315 Assignment of teachers.—
  804         (2) ASSIGNMENT TO SCHOOLS CATEGORIZED AS IN NEED OF
  805  IMPROVEMENT.—School districts may not assign a higher percentage
  806  than the school district average of temporarily certified
  807  teachers, teachers in need of improvement, or out-of-field
  808  teachers to schools based upon the schools’ grades designated
  809  pursuant to in one of the three lowest-performing categories
  810  under s. 1008.34 1008.33(3)(b). Each school district shall
  811  annually certify to the Commissioner of Education that this
  812  requirement has been met. If the commissioner determines that a
  813  school district is not in compliance with this subsection, the
  814  State Board of Education shall be notified and shall take action
  815  pursuant to s. 1008.32 in the next regularly scheduled meeting
  816  to require compliance.
  817         Section 7. This act shall take effect upon becoming a law.