Florida Senate - 2013              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 878
       
       
       
       
       
                                Barcode 397750                          
       
       581-01782C-13                                                   
       Proposed Committee Substitute by the Committee on Education
    1                        A bill to be entitled                      
    2         An act relating to education accountability; amending
    3         s. 1002.22, F.S.; requiring the State Board of
    4         Education to notify the Legislature of any major
    5         changes in federal law which may affect the state’s K
    6         20 education performance accountability system;
    7         amending s. 1004.015, F.S.; providing that one of the
    8         purposes of the Higher Education Coordinating Council
    9         is to facilitate solutions to data issues identified
   10         by the Articulation Coordinating Committee to improve
   11         the K-20 education performance accountability system;
   12         revising the guiding principles for recommendations of
   13         the Higher Education Coordinating Council; amending s.
   14         1005.22, F.S.; revising the duties of the Commission
   15         for Independent Education with regard to collecting
   16         and distributing current data regarding institutions
   17         licensed by the commission; providing reporting
   18         requirements; requiring the commission to annually
   19         report the data to the department by a specified date;
   20         amending s. 1007.01, F.S.; requiring the Articulation
   21         Coordinating Committee to make recommendations related
   22         to statewide policies and issues regarding access,
   23         quality, and reporting of data maintained by the K-20
   24         data warehouse; revising the committee’s duties
   25         related to collecting and reporting of statewide
   26         education data; amending s. 1008.31, F.S.; revising
   27         the legislative intent with regard to the state’s K-20
   28         education performance accountability system; requiring
   29         the Board of Governors to make available to the
   30         Department of Education all data within the State
   31         University Database System which is to be integrated
   32         into the K-20 data warehouse; requiring the
   33         Commissioner of Education to have access to certain
   34         data for the added purpose of providing data to
   35         organizations and certain authorized representatives;
   36         requiring all public educational institutions to
   37         annually provide data from the prior year to the K-20
   38         data warehouse in a format based on data elements
   39         identified by the commissioner; requiring colleges and
   40         universities eligible to participate in the William L.
   41         Boyd, IV, Florida Resident Access Grant Program to
   42         report current data from the prior year for each
   43         student who receives state funds in a format
   44         prescribed by the Department of Education; providing
   45         reporting requirements; requiring these colleges and
   46         universities to annually report the data to the
   47         department by a specified date; requiring the
   48         commissioner to collaborate with the Department of
   49         Economic Opportunity to develop procedures for the
   50         ability to tie student-level data to student and
   51         workforce outcome data contained in the Wage Record
   52         Interchange System; deleting a provision that requires
   53         the commissioner to prepare a report that assists the
   54         school districts in eliminating or consolidating
   55         paperwork, data, and reports by providing suggestions,
   56         technical assistance, and guidance; requiring the
   57         commissioner to improve and streamline by a specified
   58         date access to data maintained by the K-20 data
   59         warehouse by creating and fully implementing a web
   60         based interface and a self-service, restricted access
   61         component of the K-20 data warehouse called the
   62         “Research Engine”; providing requirements for the
   63         Research Engine; providing requirements for a written
   64         agreement to access the Research Engine; requiring the
   65         adoption of rules and procedures; deleting a provision
   66         that requires the commissioner to use existing data
   67         being collected to reduce duplication and minimize
   68         paperwork; requiring the Department of Education to
   69         share education records of students which may contain
   70         students’ personally identifiable information with
   71         organizations and authorized representatives pursuant
   72         to the studies and audit and evaluation exceptions
   73         under the Family Educational Rights and Privacy Act;
   74         amending s. 1008.34, F.S.; revising provisions
   75         relating to schools that are assigned school grades,
   76         including colocated schools, and students whose
   77         assessment data is used in determining school grades;
   78         amending s. 1008.341, F.S.; revising provisions
   79         relating to alternative schools that are assigned a
   80         school improvement rating; revising the student data
   81         used in determining an alternative school’s school
   82         improvement rating; providing requirements for the
   83         content and distribution of student report cards for
   84         alternative schools; amending s. 1008.385, F.S.;
   85         requiring the commissioner to provide information
   86         relating to master school identification numbers for
   87         purposes of the comprehensive management information
   88         system; providing an effective date.
   89  
   90  Be It Enacted by the Legislature of the State of Florida:
   91  
   92         Section 1. Paragraph (b) of subsection (3) of section
   93  1002.22, Florida Statutes, is amended to read:
   94         1002.22 Education records and reports of K-12 students;
   95  rights of parents and students; notification; penalty.—
   96         (3) DUTIES AND RESPONSIBILITIES.—The State Board of
   97  Education shall:
   98         (b) Monitor the FERPA and notify the Legislature of any
   99  significant change to the requirements of the FERPA or other
  100  major changes in federal law which may impact this section or s.
  101  1008.31.
  102         Section 2. Subsection (1) of section 1004.015, Florida
  103  Statutes, is amended, and paragraph (f) is added to subsection
  104  (3) of that section, to read:
  105         1004.015 Higher Education Coordinating Council.—
  106         (1) The Higher Education Coordinating Council is created
  107  for the purposes of identifying unmet needs; and facilitating
  108  solutions to disputes regarding the creation of new degree
  109  programs and the establishment of new institutes, campuses, or
  110  centers; and facilitating solutions to data issues identified by
  111  the Articulation Coordinating Committee pursuant to s. 1007.01
  112  to improve the K-20 education performance accountability system.
  113         (3) The council shall serve as an advisory board to the
  114  Legislature, the State Board of Education, and the Board of
  115  Governors. Recommendations of the council shall be consistent
  116  with the following guiding principles:
  117         (f) To promote adoption of a common set of data elements
  118  identified by the National Center for Education Statistics to
  119  support the effective exchange of data within and across states.
  120         Section 3. Paragraph (i) of subsection (1) of section
  121  1005.22, Florida Statutes, is amended to read:
  122         1005.22 Powers and duties of commission.—
  123         (1) The commission shall:
  124         (i) Serve as a central agency for collecting and
  125  distributing current information regarding institutions licensed
  126  by the commission. The commission shall annually collect, and
  127  all institutions licensed by the commission shall annually
  128  report, student-level data from the prior year for each student
  129  who receives state funds, in a format prescribed by the
  130  Department of Education. At a minimum, data from the prior year
  131  must shall be reported annually and include retention rates,
  132  transfer rates, completion rates, graduation rates, employment
  133  and placement rates, and earnings of graduates. By December 31,
  134  2013, the commission shall report the data for the 2012-2013
  135  academic year to the Department of Education. By October 1 of
  136  each year thereafter, the commission shall report the data to
  137  the department.
  138         Section 4. Subsection (3) of section 1007.01, Florida
  139  Statutes, is amended to read:
  140         1007.01 Articulation; legislative intent; purpose; role of
  141  the State Board of Education and the Board of Governors;
  142  Articulation Coordinating Committee.—
  143         (3) The Commissioner of Education, in consultation with the
  144  Chancellor of the State University System, shall establish the
  145  Articulation Coordinating Committee which shall make
  146  recommendations related to statewide articulation policies and
  147  issues regarding access, quality, and reporting of data
  148  maintained by the K-20 data warehouse established pursuant to
  149  ss. 1001.10 and 1008.31, to the Higher Education Coordination
  150  Council, the State Board of Education, and the Board of
  151  Governors. The committee shall consist of two members each
  152  representing the State University System, the Florida College
  153  System, public career and technical education, public K-12
  154  education, and nonpublic education and one member representing
  155  students. The chair shall be elected from the membership. The
  156  committee shall:
  157         (a) Monitor the alignment between the exit requirements of
  158  one education system and the admissions requirements of another
  159  education system into which students typically transfer and make
  160  recommendations for improvement.
  161         (b) Propose guidelines for interinstitutional agreements
  162  between and among public schools, career and technical education
  163  centers, Florida College System institutions, state
  164  universities, and nonpublic postsecondary institutions.
  165         (c) Annually recommend dual enrollment course and high
  166  school subject area equivalencies for approval by the State
  167  Board of Education and the Board of Governors.
  168         (d) Annually review the statewide articulation agreement
  169  pursuant to s. 1007.23 and make recommendations for revisions.
  170         (e) Annually review the statewide course numbering system,
  171  the levels of courses, and the application of transfer credit
  172  requirements among public and nonpublic institutions
  173  participating in the statewide course numbering system and
  174  identify instances of student transfer and admissions
  175  difficulties.
  176         (f) Annually publish a list of courses that meet common
  177  general education and common degree program prerequisite
  178  requirements at public postsecondary institutions identified
  179  pursuant to s. 1007.25.
  180         (g) Foster timely collection and reporting of statewide
  181  education data Examine statewide data regarding articulation to
  182  identify issues and make recommendations to improve articulation
  183  throughout the K-20 education performance accountability system
  184  by:.
  185         1. Facilitating timely reporting of data by all educational
  186  delivery systems to the K-20 data warehouse established pursuant
  187  to ss. 1001.10 and 1008.31.
  188         2. Facilitating timely reporting of data by the K-20 data
  189  warehouse to organizations and authorized representatives
  190  pursuant to s. 1008.31.
  191         3. Identifying data issues including, but not limited to,
  192  data quality and accessibility.
  193         (h) Recommend roles and responsibilities of public
  194  education entities in interfacing with the single, statewide
  195  computer-assisted student advising system established pursuant
  196  to s. 1006.73.
  197         Section 5. Paragraph (f) is added to subsection (1) of
  198  section 1008.31, Florida Statutes, subsection (3) is amended,
  199  present subsection (4) is redesignated as subsection (5), and a
  200  new subsection (4) is added to that section, to read:
  201         1008.31 Florida’s K-20 education performance accountability
  202  system; legislative intent; mission, goals, and systemwide
  203  measures; data quality improvements.—
  204         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
  205  that:
  206         (f) The Commissioner of Education interpret the Family
  207  Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g,
  208  in the least restrictive manner possible to allow data linkage
  209  among institutions across all educational delivery systems. This
  210  intent does not abrogate the provisions of ss. 1002.22,
  211  1002.221, and 1006.52, relating to student records or the
  212  requirements of FERPA.
  213         (3) K-20 EDUCATION DATA QUALITY IMPROVEMENTS.—To provide
  214  data required to implement education performance accountability
  215  measures in state and federal law, the commissioner of Education
  216  shall initiate and maintain strategies to improve data quality
  217  and timeliness. The Board of Governors shall make available to
  218  the department all data within the State University Database
  219  System to collected from state universities shall, as determined
  220  by the commissioner, be integrated into the K-20 data warehouse.
  221  The commissioner shall have unlimited access to such data solely
  222  for the purposes of conducting studies, reporting annual and
  223  longitudinal student outcomes, and improving college readiness
  224  and articulation, and providing data to organizations and
  225  authorized representatives pursuant to subsection (4). All
  226  public educational institutions shall annually provide data from
  227  the prior year to the K-20 data warehouse in a format based on
  228  data elements identified specified by the commissioner.
  229         (a) School districts and public postsecondary educational
  230  institutions shall maintain information systems that will
  231  provide the State Board of Education, the Board of Governors of
  232  the State University System, and the Legislature with
  233  information and reports necessary to address the specifications
  234  of the accountability system. The level of comprehensiveness and
  235  quality must shall be no less than that which was available as
  236  of June 30, 2001.
  237         (b) Colleges and universities eligible to participate in
  238  the William L. Boyd, IV, Florida Resident Access Grant Program
  239  shall annually report student-level data from the prior year for
  240  each student who receives state funds in a format prescribed by
  241  the Department of Education. At a minimum, data from the prior
  242  year must shall be reported annually to the department and
  243  include retention rates, transfer rates, completion rates,
  244  graduation rates, employment and placement rates, and earnings
  245  of graduates. By December 31, 2013, the colleges and
  246  universities described in this paragraph shall report the data
  247  for the 2012-2013 academic year to the department. By October 1
  248  of each year thereafter, the colleges and universities described
  249  in this paragraph shall report the data to the department.
  250         (c) The Commissioner of Education shall determine the
  251  standards for the required data, monitor data quality, and
  252  measure improvements. The commissioner shall report annually to
  253  the State Board of Education, the Board of Governors of the
  254  State University System, the President of the Senate, and the
  255  Speaker of the House of Representatives data quality indicators
  256  and ratings for all school districts and public postsecondary
  257  educational institutions.
  258         (d) The commissioner shall collaborate with the executive
  259  director of the Department of Economic Opportunity to develop
  260  procedures for the ability to tie student-level data to student
  261  and workforce outcome data contained in the Wage Record
  262  Interchange System The commissioner shall continuously monitor
  263  and review the collection of paperwork, data, and reports by
  264  school districts and complete an annual review of such
  265  collection no later than June 1 of each year. The annual review
  266  must include recommendations for consolidating paperwork, data,
  267  and reports, wherever feasible, in order to reduce the burdens
  268  on school districts.
  269         (e) By June 30, 2014, the commissioner shall improve and
  270  streamline access to data maintained by the K-20 data warehouse
  271  by creating and fully implementing:
  272         1.A web-based interface for parents, students, teachers,
  273  principals, local educational agency leaders, community members,
  274  researchers, policymakers, and other constituents which is
  275  engaging, informative, and customer-friendly.
  276         a. The web-based interface must provide a single location
  277  for public access to aggregated data from the K-20 data
  278  warehouse which do not contain personally identifiable
  279  information or any other information that is confidential
  280  pursuant to applicable law.
  281         b. Personally identifiable information from education
  282  records of students, or any other information that is
  283  confidential pursuant to applicable law, must be redacted or
  284  aggregated, or the confidentiality otherwise protected by de
  285  identification, anonymization, or any combination thereof.
  286         2. A self-service, restricted access component of the K-20
  287  data warehouse, called the “Research Engine,” which is:
  288         a. Restricted to organizations and authorized
  289  representatives pursuant to subsection (4). The commissioner
  290  shall create a website for organizations and authorized
  291  representatives to submit data requests. The website shall
  292  generate an automated acknowledgement of each data request. Each
  293  acknowledgement of a data request must include a username and
  294  password to view the order and status of completion of the data
  295  request and a link to the directory of data elements which
  296  provides a detailed description of each data element. Within 90
  297  days after acknowledging each data request, the department shall
  298  provide to organizations or authorized representatives technical
  299  assistance regarding the written agreement required under sub
  300  subparagraph d. However, organizations and authorized
  301  representatives may execute the written agreement with the
  302  department at any time after submitting a data request. Data
  303  requests must be completed within 90 days after the written
  304  agreement is executed, unless the written agreement specifies
  305  otherwise.
  306         b.Capable of providing access to education records of
  307  students which may contain students’ personally identifiable
  308  information in the K-20 data warehouse.
  309         c. Accessible at the department’s headquarters or by other
  310  secure means as agreed upon in writing by the parties.
  311         d. Accessible after an organization or an authorized
  312  representative executes a written agreement with the
  313  commissioner. The written agreement must include, but need not
  314  be limited to:
  315         (I) Identification of the purpose, scope, and duration of
  316  the activity with sufficient specificity to make clear that the
  317  activity falls within permissible uses authorized by FERPA and
  318  does not further a commercial, trade, or profit interest.
  319         (II) Identification of the data elements necessary to
  320  complete a study, an audit, or an evaluation. The department
  321  shall provide assistance to organizations and authorized
  322  representatives regarding selection of data elements to fulfill
  323  data requests. Requests for additional data by an organization
  324  or an authorized representative may be made by amending the
  325  written agreement. The deadline for fulfilling a data request
  326  may be adjusted accordingly.
  327         (III) Identification of the FERPA exception relied upon to
  328  obtain education records of students which may contain students’
  329  personally identifiable information.
  330         (IV)Requirements regarding procedures for securing data,
  331  including, but not limited to, a data security plan. The
  332  Department of Education shall reserve the right to conduct
  333  security audits or reviews as necessary.
  334         (V) Requirements limiting the use of education records of
  335  students which contain students’ personally identifiable
  336  information to meet only the purpose stated in the written
  337  agreement.
  338         (VI) Requirements establishing disciplinary policies for
  339  organizations and authorized representatives which violate FERPA
  340  or the written agreement.
  341         (VII) Prohibitions regarding access to or use of education
  342  records of students which contain students’ personally
  343  identifiable information obtained pursuant to the written
  344  agreement by anyone not authorized to have such access or use by
  345  the department.
  346         (VIII) Requirements regarding destruction of all personally
  347  identifiable information from education records of students
  348  which are received pursuant to the written agreement and
  349  specification of when the information must be destroyed.
  350         (IX) Requirements regarding background screening of
  351  organizations and authorized representatives.
  352         (X) Requirements regarding the assessment of liquidated
  353  damages for unauthorized disclosure of education records of
  354  students which contain students’ personally identifiable
  355  information or for violation of terms and conditions of the
  356  written agreement.
  357         (XI) Identification of deliverables to be provided by the
  358  organization or authorized representative. The deliverables must
  359  include, but are not limited to, as appropriate: a copy of the
  360  final study, audit, or evaluation or, if no study, audit, or
  361  evaluation is completed, a report identifying such with a copy
  362  of unfinished research; a copy of reports, publications, papers,
  363  theses, or similar documents; and certification by the
  364  organization or authorized representative stating the final
  365  status of deliverables and confirming compliance with all
  366  provisions of the written agreement. The deliverables shall be
  367  provided to the department within 1 year after the date of
  368  execution of the written agreement, unless the written agreement
  369  specifies otherwise. The Commissioner of Education may assess
  370  liquidated damages specified in the written agreement if all
  371  deliverables are not timely provided to the Department of
  372  Education.
  373         (XII) Requirements regarding maintaining the
  374  confidentiality of any information that is exempt from s.
  375  119.071(1) and s. 24(a), Art. I of the State Constitution, or
  376  that is otherwise made confidential by state or federal law.
  377         (XIII) Requirements regarding a service charge identified
  378  in sub-subparagraph e.
  379  
  380  The Department of Education shall develop, and the State Board
  381  of Education shall adopt, rules regarding the written agreement.
  382         e. Funded by creating and implementing a pricing structure
  383  that is self-sustainable with the goal that the service charge
  384  for use of the Research Engine recovers actual costs to fulfill
  385  a data request. The commissioner may waive or reduce the service
  386  charge for fulfilling a data request. Funds collected from the
  387  service charge shall be deposited into the Operating Trust Fund.
  388  The department shall develop and the State Board of Education
  389  shall adopt rules regarding the service charge.
  390         f. Linked to a list of organizations and authorized
  391  representatives that obtain data from the Research Engine on the
  392  web-based interface in subparagraph 1. The list must include,
  393  but need not be limited to, the date of receipt of each data
  394  request, response time to address each data request, and current
  395  status of each data request. The department shall continually
  396  update the list and maintain a copy of reports prepared and
  397  submitted by the organizations and authorized representatives.
  398  
  399  The department shall adopt procedures to implement the web-based
  400  interface and the Research Engine established pursuant to this
  401  subsection By July 1 of each year, the commissioner shall
  402  prepare a report assisting the school districts in eliminating
  403  or consolidating paperwork, data, and reports by providing
  404  suggestions, technical assistance, and guidance.
  405         (f) Before establishing any new reporting or data
  406  collection requirements, the commissioner of Education shall
  407  utilize existing data being collected to reduce duplication and
  408  minimize paperwork.
  409         (4) ACCESS TO THE K-20 DATA WAREHOUSE.—Pursuant to the
  410  studies exception under FERPA, and the federal regulations
  411  issued pursuant thereto, specifically, including, but not
  412  limited to, organizations conducting studies for, or on behalf
  413  of, educational agencies and institutions as provided in 34
  414  C.F.R. 99.31(a)(6), shall be given access to data maintained by
  415  the K-20 data warehouse in a manner consistent with ss. 1002.22,
  416  1002.221, and 1006.52 and FERPA. Pursuant to the audit or
  417  evaluation exception under FERPA, specifically including, but
  418  not limited to, authorized representatives conducting an audit
  419  or an evaluation of a Federal- or state-supported education
  420  program as provided in 34 C.F.R. 99.31(a)(3), shall be given
  421  access to the data maintained by the K-20 data warehouse in a
  422  manner consistent with ss. 1002.22, 1002.221, and 1006.52 and
  423  FERPA.
  424         (a)Requests by organizations or authorized representatives
  425  for access to education records of students which may contain
  426  students’ personally identifiable information, with the
  427  exception of requests from the Executive Office of the Governor,
  428  the Florida Legislature, the Florida Auditor General, and the
  429  Office of Program Policy Analysis and Government Accountability,
  430  shall be submitted through the Research Engine established
  431  pursuant to subparagraph (3)(h)2. Access to the Research Engine
  432  is not conditioned upon or limited to studies, audits, or
  433  evaluations that support the research agenda, interests, or
  434  priorities of the State Board of Education, the commissioner, or
  435  the department.
  436         (b) Authorized representatives include the Executive Office
  437  of the Governor, the Florida Legislature, the Florida Auditor
  438  General, the Office of Program Policy Analysis and Government
  439  Accountability, the Florida district school boards, Florida
  440  College System institutions, and Florida state universities or
  441  entities approved by the Department of Education.
  442         (c) Requests for data from the Executive Office of the
  443  Governor, the Florida Legislature, the Florida Auditor General,
  444  and the Office of Program Policy Analysis and Government
  445  Accountability, shall be given a priority over other data
  446  requests and shall be provided free of charge.
  447         Section 6.  Subsection (1) and paragraphs (a) and (c) of
  448  subsection (3) of section 1008.34, Florida Statutes, are amended
  449  to read:
  450         1008.34 School grading system; school report cards;
  451  district grade.—
  452         (1) ANNUAL REPORTS.—The Commissioner of Education shall
  453  prepare annual reports of the results of the statewide
  454  assessment program which describe student achievement in the
  455  state, each district, and each school. The commissioner shall
  456  prescribe the design and content of these reports, which must
  457  include descriptions of the performance of all schools
  458  participating in the assessment program and all of their major
  459  student populations as determined by the commissioner. The
  460  report must also include the percent of students performing at
  461  or above grade level and making a year’s learning gains growth
  462  in a year’s time in reading and mathematics. The provisions of
  463  s. 1002.22 pertaining to student records apply to this section.
  464         (3) DESIGNATION OF SCHOOL GRADES.—
  465         (a) Beginning with the 2013-2014 school year, each school
  466  that has students who are tested and included in the school
  467  grading system shall receive a school grade if the number of its
  468  students tested on statewide assessments pursuant to s. 1008.22
  469  meets or exceeds the minimum sample size of 10, except as
  470  follows:
  471         1. A school shall not receive a school grade if the number
  472  of its students tested and included in the school grading system
  473  is less than the minimum sample size necessary, based on
  474  accepted professional practice, for statistical reliability and
  475  prevention of the unlawful release of personally identifiable
  476  student data under s. 1002.22 or 20 U.S.C. s. 1232g.
  477         1.2. An alternative school may choose to receive a school
  478  grade under this section or a school improvement rating under s.
  479  1008.341. For charter schools that meet the definition of an
  480  alternative school pursuant to State Board of Education rule,
  481  the decision to receive a school grade is the decision of the
  482  charter school governing board.
  483         2.3. A school that serves any combination of students in
  484  kindergarten through grade 3 which does not receive a school
  485  grade because its students are not tested and included in the
  486  school grading system shall receive the school grade designation
  487  of a K-3 feeder pattern school identified by the Department of
  488  Education and verified by the school district. A school feeder
  489  pattern exists if at least 60 percent of the students in the
  490  school serving a combination of students in kindergarten through
  491  grade 3 are scheduled to be assigned to the graded school.
  492         3. If a colocated school does not earn a school grade or
  493  school improvement rating for the performance of its students,
  494  the student performance data of all schools operating at the
  495  same facility must be aggregated to develop a school grade that
  496  will be assigned to all schools at that location. A colocated
  497  school is a school that has its own unique master school
  498  identification number, provides for the education of each of its
  499  enrolled students, and operates at the same facility as another
  500  school that has its own unique master school identification
  501  number and provides for the education of each of its enrolled
  502  students.
  503         (c) Student assessment data used in determining school
  504  grades shall include:
  505         1. The aggregate scores of all eligible students enrolled
  506  in the school who have been assessed on the FCAT and statewide,
  507  standardized end-of-course assessments in courses required for
  508  high school graduation, including, beginning with the 2011-2012
  509  school year, the end-of-course assessment in Algebra I; and
  510  beginning with the 2012-2013 school year, the end-of-course
  511  assessments in geometry and Biology I; and beginning with the
  512  2014-2015 school year, on the statewide, standardized end-of
  513  course assessment in civics education at the middle school
  514  level.
  515         2. The aggregate scores of all eligible students enrolled
  516  in the school who have been assessed on the FCAT and statewide,
  517  standardized end-of-course assessments as described in s.
  518  1008.22(3)(c)2.a., and who have scored at or in the lowest 25th
  519  percentile of students in the school in reading and mathematics,
  520  unless these students are exhibiting satisfactory performance.
  521         3. The achievement scores and learning gains of eligible
  522  students attending alternative schools that provide dropout
  523  prevention and academic intervention services pursuant to s.
  524  1003.53. The term “eligible students” in this subparagraph does
  525  not include students attending an alternative school who are
  526  subject to district school board policies for expulsion for
  527  repeated or serious offenses, who are in dropout retrieval
  528  programs serving students who have officially been designated as
  529  dropouts, or who are in programs operated or contracted by the
  530  Department of Juvenile Justice.
  531  
  532  The student performance data for eligible students identified in
  533  this subparagraph shall be included in the calculation of the
  534  home school’s grade. As used in this subparagraph and s.
  535  1008.341, the term “home school” means the school to which the
  536  student would be assigned if the student were not assigned to an
  537  alternative school. If an alternative school chooses to be
  538  graded under this section, student performance data for eligible
  539  students identified in this subparagraph shall not be included
  540  in the home school’s grade but shall be included only in the
  541  calculation of the alternative school’s grade. A school district
  542  that fails to assign the FCAT and statewide, standardized end
  543  of-course assessment as described in s. 1008.22(3)(c)2.a. scores
  544  of each of its students to his or her home school or to the
  545  alternative school that receives a grade shall forfeit Florida
  546  School Recognition Program funds for 1 fiscal year. School
  547  districts must require collaboration between the home school and
  548  the alternative school in order to promote student success. This
  549  collaboration must include an annual discussion between the
  550  principal of the alternative school and the principal of each
  551  student’s home school concerning the most appropriate school
  552  assignment of the student.
  553         4. The achievement scores and learning gains of students
  554  designated as hospital- or homebound. Student assessment data
  555  for a student students designated as hospital- or homebound
  556  shall be assigned to his or her their home school for the
  557  purposes of school grades if the student was enrolled in the
  558  home school during the October and February FTE count in the
  559  prior school year. As used in this subparagraph, the term “home
  560  school” means the school to which a student would be assigned if
  561  the student were not assigned to a hospital- or homebound
  562  program.
  563         5. For schools comprised of high school grades 9, 10, 11,
  564  and 12, or grades 10, 11, and 12, the data listed in
  565  subparagraphs 1.-3. and the following data as the Department of
  566  Education determines such data are valid and available:
  567         a. The high school graduation rate of the school as
  568  calculated by the department;
  569         b. The participation rate of all eligible students enrolled
  570  in the school and enrolled in College Board Advanced Placement
  571  courses; International Baccalaureate courses; dual enrollment
  572  courses; Advanced International Certificate of Education
  573  courses; and courses or sequences of courses leading to national
  574  industry certification identified in the Industry Certification
  575  Funding List, pursuant to rules adopted by the State Board of
  576  Education;
  577         c. The aggregate scores of all eligible students enrolled
  578  in the school in College Board Advanced Placement courses,
  579  International Baccalaureate courses, and Advanced International
  580  Certificate of Education courses;
  581         d. Earning of college credit by all eligible students
  582  enrolled in the school in dual enrollment programs under s.
  583  1007.271;
  584         e. Earning of a national industry certification identified
  585  in the Industry Certification Funding List, pursuant to rules
  586  adopted by the State Board of Education;
  587         f. The aggregate scores of all eligible students enrolled
  588  in the school in reading, mathematics, and other subjects as
  589  measured by the SAT, the ACT, the Postsecondary Education
  590  Readiness Test, and the common placement test for postsecondary
  591  readiness;
  592         g. The high school graduation rate of all eligible at-risk
  593  students enrolled in the school who scored at Level 2 or lower
  594  on grade 8 FCAT Reading and FCAT Mathematics;
  595         h. The performance of the school’s students on statewide,
  596  standardized end-of-course assessments administered under s.
  597  1008.22(3)(c)2.c. and d.; and
  598         i. The growth or decline in the data components listed in
  599  sub-subparagraphs a.-h. from year to year.
  600  
  601  The State Board of Education shall adopt appropriate criteria
  602  for each school grade. The criteria must also give added weight
  603  to student achievement in reading. Schools earning a grade of
  604  “C,” making satisfactory progress, shall be required to
  605  demonstrate that adequate progress has been made by students in
  606  the school who are in the lowest 25th percentile in reading and
  607  mathematics on the FCAT and end-of-course assessments as
  608  described in s. 1008.22(3)(c)2.a., unless these students are
  609  exhibiting satisfactory performance. For schools comprised of
  610  high school grades 9, 10, 11, and 12, or grades 10, 11, and 12,
  611  the criteria for school grades must also give added weight to
  612  the graduation rate of all eligible at-risk students. In order
  613  for a high school to earn a grade of “A,” the school must
  614  demonstrate that its at-risk students, as defined in this
  615  paragraph, are making adequate progress.
  616         Section 7.  Subsections (2), (3), and (5) of section
  617  1008.341, Florida Statutes, are amended to read:
  618         1008.341 School improvement rating for alternative
  619  schools.—
  620         (2) SCHOOL IMPROVEMENT RATING.—An alternative school is a
  621  school that provides dropout prevention and academic
  622  intervention services pursuant to s. 1003.53. An alternative
  623  school shall receive a school improvement rating pursuant to
  624  this section unless the school earns a school grade pursuant to
  625  s. 1008.34. Beginning with the 2013-2014 school year, each
  626  However, an alternative school that chooses to receive a school
  627  improvement rating shall not receive a school improvement rating
  628  if the number of its students for whom student performance data
  629  on statewide, standardized assessments pursuant to s. 1008.22
  630  which is available for the current year and previous year meets
  631  or exceeds is less than the minimum sample size of 10. An
  632  alternative school that tests at least 80 percent of its
  633  students may receive a school improvement rating. If an
  634  alternative school tests less than 90 percent of its students,
  635  the school may not earn a rating higher than “maintaining.”
  636  necessary, based on accepted professional practice, for
  637  statistical reliability and prevention of the unlawful release
  638  of personally identifiable student data under s. 1002.22 or 20
  639  U.S.C. s. 1232g. The school improvement rating shall identify an
  640  alternative school as having one of the following ratings
  641  defined according to rules of the State Board of Education:
  642         (a) “Improving” means the students attending the school are
  643  making more academic progress than when the students were served
  644  in their home schools.
  645         (b) “Maintaining” means the students attending the school
  646  are making progress equivalent to the progress made when the
  647  students were served in their home schools.
  648         (c) “Declining” means the students attending the school are
  649  making less academic progress than when the students were served
  650  in their home schools.
  651  
  652  The school improvement rating shall be based on a comparison of
  653  student performance data for the current year and previous year.
  654  Schools that improve at least one level or maintain an
  655  “improving” rating pursuant to this section are eligible for
  656  school recognition awards pursuant to s. 1008.36.
  657         (3) DESIGNATION OF SCHOOL IMPROVEMENT RATING.—Student data
  658  used in determining an alternative school’s school improvement
  659  rating shall include:
  660         (a) Student performance results based The aggregate scores
  661  on statewide, standardized assessments, including retakes,
  662  administered under s. 1008.22 for all eligible students who were
  663  assigned to and enrolled in the school during the October or
  664  February FTE count and who have assessment scores FCAT or
  665  comparable scores for the preceding school year.
  666         (b) Student performance results based The aggregate scores
  667  on statewide, standardized assessments, including retakes,
  668  administered under s. 1008.22 for all eligible students who were
  669  assigned to and enrolled in the school during the October or
  670  February FTE count and who have scored in the lowest 25th
  671  percentile of students in the state on FCAT Reading.
  672  
  673  Student performance results The assessment scores of students
  674  who are subject to district school board policies for expulsion
  675  for repeated or serious offenses, who are in dropout retrieval
  676  programs serving students who have officially been designated as
  677  dropouts, or who are in programs operated or contracted by the
  678  Department of Juvenile Justice may not be included in an
  679  alternative school’s school improvement rating.
  680         (5) SCHOOL AND STUDENT REPORT CARDS CARD.—The Department of
  681  Education shall annually develop, in collaboration with the
  682  school districts, a school report card for alternative schools
  683  to be delivered to parents throughout each school district. The
  684  report card shall include the school improvement rating,
  685  identification of student learning gains, student attendance
  686  data, information regarding school improvement, an explanation
  687  of school performance as evaluated by the federal No Child Left
  688  Behind Act of 2001, and indicators of return on investment. An
  689  alternative school that serves at least 10 students who are
  690  tested on the statewide, standardized assessments pursuant to s.
  691  1008.22 in the current year and previous year shall distribute
  692  an individual student report card to parents which includes the
  693  student’s learning gains and progress toward meeting high school
  694  graduation requirements. The report card must also include the
  695  school’s industry certification rate, college readiness rate,
  696  dropout rate, and graduation rate. This subsection does not
  697  abrogate the provisions of s. 1002.22 relating to student
  698  records or the requirements of 20 U.S.C. s. 1232g, the Family
  699  Educational Rights and Privacy Act.
  700         Section 8. Paragraph (a) of subsection (2) of section
  701  1008.385, Florida Statutes, is amended to read:
  702         1008.385 Educational planning and information systems.—
  703         (2) COMPREHENSIVE MANAGEMENT INFORMATION SYSTEMS.—The
  704  Commissioner of Education shall develop and implement an
  705  integrated information system for educational management. The
  706  system must be designed to collect, via electronic transfer, all
  707  student and school performance data required to ascertain the
  708  degree to which schools and school districts are meeting state
  709  performance standards, and must be capable of producing data for
  710  a comprehensive annual report on school and district
  711  performance. In addition, the system shall support, as feasible,
  712  the management decisions to be made in each division of the
  713  department and at the individual school and district levels.
  714  Similar data elements among divisions and levels shall be
  715  compatible. The system shall be based on an overall conceptual
  716  design; the information needed for such decisions, including
  717  fiscal, student, program, personnel, facility, community,
  718  evaluation, and other relevant data; and the relationship
  719  between cost and effectiveness. The system shall be managed and
  720  administered by the commissioner and shall include a district
  721  subsystem component to be administered at the district level,
  722  with input from the reports-and-forms control management
  723  committees. Each district school system with a unique management
  724  information system shall assure that compatibility exists
  725  between its unique system and the district component of the
  726  state system so that all data required as input to the state
  727  system is made available via electronic transfer and in the
  728  appropriate input format.
  729         (a) The specific responsibilities of the commissioner shall
  730  include:
  731         1. Consulting with school district representatives in the
  732  development of the system design model and implementation plans
  733  for the management information system for public school
  734  education management;
  735         2. Providing operational definitions for the proposed
  736  system, including criteria for issuing and revoking master
  737  school identification numbers to support the maintenance of
  738  education records, to enforce and support education
  739  accountability, to support the distribution of funds to school
  740  districts, to support the preparation and analysis of school
  741  district financial reports, and to assist the commissioner in
  742  carrying out the duties specified in ss. 1001.10 and 1001.11;
  743         3. Determining the information and specific data elements
  744  required for the management decisions made at each educational
  745  level, recognizing that the primary unit for information input
  746  is the individual school and recognizing that time and effort of
  747  instructional personnel expended in collection and compilation
  748  of data should be minimized;
  749         4. Developing standardized terminology and procedures to be
  750  followed at all levels of the system;
  751         5. Developing a standard transmittal format to be used for
  752  collection of data from the various levels of the system;
  753         6. Developing appropriate computer programs to assure
  754  integration of the various information components dealing with
  755  students, personnel, facilities, fiscal, program, community, and
  756  evaluation data;
  757         7. Developing the necessary programs to provide statistical
  758  analysis of the integrated data provided in subparagraph 6. in
  759  such a way that required reports may be disseminated,
  760  comparisons may be made, and relationships may be determined in
  761  order to provide the necessary information for making management
  762  decisions at all levels;
  763         8. Developing output report formats which will provide
  764  district school systems with information for making management
  765  decisions at the various educational levels;
  766         9. Developing a phased plan for distributing computer
  767  services equitably among all public schools and school districts
  768  in the state as rapidly as possible. The plan shall describe
  769  alternatives available to the state in providing such computing
  770  services and shall contain estimates of the cost of each
  771  alternative, together with a recommendation for action. In
  772  developing the plan, the feasibility of shared use of computing
  773  hardware and software by school districts, Florida College
  774  System institutions, and universities shall be examined. Laws or
  775  administrative rules regulating procurement of data processing
  776  equipment, communication services, or data processing services
  777  by state agencies shall not be construed to apply to local
  778  agencies which share computing facilities with state agencies;
  779         10. Assisting the district school systems in establishing
  780  their subsystem components and assuring compatibility with
  781  current district systems;
  782         11. Establishing procedures for continuous evaluation of
  783  system efficiency and effectiveness;
  784         12. Initiating a reports-management and forms-management
  785  system to ascertain that duplication in collection of data does
  786  not exist and that forms and reports for reporting under state
  787  and federal requirements and other forms and reports are
  788  prepared in a logical and uncomplicated format, resulting in a
  789  reduction in the number and complexity of required reports,
  790  particularly at the school level; and
  791         13. Initiating such other actions as are necessary to carry
  792  out the intent of the Legislature that a management information
  793  system for public school management needs be implemented. Such
  794  other actions shall be based on criteria including, but not
  795  limited to:
  796         a. The purpose of the reporting requirement;
  797         b. The origination of the reporting requirement;
  798         c. The date of origin of the reporting requirement; and
  799         d. The date of repeal of the reporting requirement.
  800         Section 9. This act shall take effect July 1, 2013.