Florida Senate - 2014                             CS for SB 1642
       
       
        
       By the Committees on Appropriations; and Education
       
       
       
       
       
       576-03324-14                                          20141642c1
    1                        A bill to be entitled                      
    2         An act relating to education accountability; amending
    3         s. 1008.34, F.S.; providing definitions for the
    4         statewide, standardized assessment program and school
    5         grading system; deleting annual reports; revising
    6         authority over allocation of a school’s budget based
    7         on school grades; revising the basis for the
    8         calculation of school grades; revising the contents of
    9         the school report card; revising the basis for the
   10         calculation of district grades; requiring the
   11         Department of Education to develop a district report
   12         card; providing for transition to the revised school
   13         grading system; amending s. 1001.42, F.S.; revising
   14         criteria that necessitate a school’s improvement plan
   15         to include certain strategies; amending s. 1002.33,
   16         F.S.; revising cross-references; amending s. 1003.621,
   17         F.S.; revising cross-references; amending s. 1008.31,
   18         F.S.; revising legislative intent for the K-20
   19         education performance accountability system; amending
   20         s. 1008.33, F.S.; conforming provisions relating to
   21         school improvement and education accountability;
   22         amending s. 1008.341, F.S.; revising provisions
   23         relating to the school improvement rating for
   24         alternative schools; amending s. 1008.3415, F.S.;
   25         correcting cross-references; requiring the
   26         Commissioner of Education to exempt students from
   27         taking statewide, standardized assessments under
   28         certain circumstances; authorizing a parent to request
   29         that a student who is granted an exemption participate
   30         in statewide, standardized assessments; requiring the
   31         State Board of Education to adopt rules; providing an
   32         effective date.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Section 1008.34, Florida Statutes, is amended to
   37  read:
   38         1008.34 School grading system; school report cards;
   39  district grade.—
   40         (1) DEFINITIONS.—For purposes of the statewide,
   41  standardized assessment program and school grading system, the
   42  following terms are defined:
   43         (a)“Achievement level,” “student achievement,” or
   44  “achievement” describes the level of content mastery a student
   45  has acquired in a particular subject as measured by a statewide,
   46  standardized assessment administered pursuant to s.
   47  1008.22(3)(a) and (b). There are five achievement levels. Level
   48  1 is the lowest achievement level, level 5 is the highest
   49  achievement level, and level 3 indicates satisfactory
   50  performance. A student passes an assessment if the student
   51  achieves a level 3, level 4, or level 5. For purposes of the
   52  Florida Alternate Assessment administered pursuant to s.
   53  1008.22(3)(c), the state board shall provide, in rule, the
   54  number of achievement levels and identify the achievement levels
   55  that are considered passing.
   56         (b) “Learning Gains,” “annual learning gains,” or “student
   57  learning gains” means the degree of student learning growth
   58  occurring from one school year to the next as required by state
   59  board rule for purposes of calculating school grades under this
   60  section.
   61         (c) “Student performance,” “student academic performance,”
   62  or “academic performance” includes, but is not limited to,
   63  student learning growth, achievement levels, and Learning Gains
   64  on statewide, standardized assessments administered pursuant to
   65  s. 1008.22.
   66         (1) ANNUAL REPORTS.—The Commissioner of Education shall
   67  prepare annual reports of the results of the statewide
   68  assessment program which describe student achievement in the
   69  state, each district, and each school. The commissioner shall
   70  prescribe the design and content of these reports, which must
   71  include descriptions of the performance of all schools
   72  participating in the assessment program and all of their major
   73  student populations as determined by the commissioner. The
   74  report must also include the percent of students performing at
   75  or above grade level and making learning gains in reading and
   76  mathematics. The provisions of s. 1002.22 pertaining to student
   77  records apply to this section.
   78         (2) SCHOOL GRADES.—The annual report shall identify Schools
   79  shall be graded using as having one of the following grades,
   80  defined according to rules of the State Board of Education:
   81         (a) “A,” schools making excellent progress.
   82         (b) “B,” schools making above average progress.
   83         (c) “C,” schools making satisfactory progress.
   84         (d) “D,” schools making less than satisfactory progress.
   85         (e) “F,” schools failing to make adequate progress.
   86  
   87  Each school that earns a grade of “A” or improves at least two
   88  letter grades may shall have greater authority over the
   89  allocation of the school’s total budget generated from the FEFP,
   90  state categoricals, lottery funds, grants, and local funds, as
   91  specified in state board rule. The rule must provide that the
   92  increased budget authority shall remain in effect until the
   93  school’s grade declines.
   94         (3) DESIGNATION OF SCHOOL GRADES.—
   95         (a) Each school must assess at least 95 percent of its
   96  eligible students, except as provided under s. 1008.341 for
   97  alternative schools. Beginning with the 2013-2014 school year,
   98  Each school that has students who are tested and included in the
   99  school grading system shall receive a school grade based on the
  100  school’s performance on the components listed in subparagraphs
  101  (b)1. and 2. If a school does not have at least 10 students with
  102  complete data for one or more of the components listed in
  103  subparagraphs (b)1. and 2., those components may not be used in
  104  calculating the school’s grade. if the number of its students
  105  tested on statewide assessments pursuant to s. 1008.22 meets or
  106  exceeds the minimum sample size of 10, except as follows:
  107         1. An alternative school may choose to receive a school
  108  grade under this section or a school improvement rating under s.
  109  1008.341. For charter schools that meet the definition of an
  110  alternative school pursuant to State Board of Education rule,
  111  the decision to receive a school grade is the decision of the
  112  charter school governing board.
  113         2. A school that serves any combination of students in
  114  kindergarten through grade 3 that which does not receive a
  115  school grade because its students are not tested and included in
  116  the school grading system shall receive the school grade
  117  designation of a K-3 feeder pattern school identified by the
  118  Department of Education and verified by the school district. A
  119  school feeder pattern exists if at least 60 percent of the
  120  students in the school serving a combination of students in
  121  kindergarten through grade 3 are scheduled to be assigned to the
  122  graded school.
  123         3. If a collocated school does not earn a school grade or
  124  school improvement rating for the performance of its students,
  125  the student performance data of all schools operating at the
  126  same facility must be aggregated to develop a school grade that
  127  will be assigned to all schools at that location. A collocated
  128  school is a school that has its own unique master school
  129  identification number, provides for the education of each of its
  130  enrolled students, and operates at the same facility as another
  131  school that has its own unique master school identification
  132  number and provides for the education of each of its enrolled
  133  students.
  134         (b)1. Beginning with the 2014-2015 school year, a school’s
  135  grade shall be based on the following components, each worth 100
  136  points a combination of:
  137         a. The percentage of eligible students passing Student
  138  achievement scores on statewide, standardized assessments in
  139  English Language Arts under s. 1008.22(3) 1008.22 and
  140  achievement scores for students seeking a special diploma.
  141         b. The percentage of eligible students passing statewide,
  142  standardized assessments in mathematics under s. 1008.22(3).
  143         c. The percentage of eligible students passing statewide,
  144  standardized assessments in science under s. 1008.22(3).
  145         d. The percentage of eligible students passing the
  146  statewide, standardized assessments in social studies under s.
  147  1008.22(3).
  148         e.b.The percentage of eligible students who make Student
  149  Learning Gains in FCAT Reading or, upon transition to common
  150  core assessments, the common core English Language Arts and
  151  Mathematics assessments as measured by statewide, standardized
  152  assessments administered under pursuant to s. 1008.22(3)
  153  1008.22, including learning gains for students seeking a special
  154  diploma, as measured by an alternate assessment.
  155         f. The percentage of eligible students who make Learning
  156  Gains in mathematics as measured by statewide, standardized
  157  assessments administered under s. 1008.22(3).
  158         g.c.The percentage of eligible students in Improvement of
  159  the lowest 25 percent in English Language Arts, as identified by
  160  prior year performance on statewide, standardized assessments,
  161  who make Learning Gains as measured by statewide, standardized
  162  English Language Arts assessments administered under s.
  163  1008.22(3) 25th percentile of students in the school in reading
  164  or, upon transition to common core assessments, English Language
  165  Arts and Mathematics assessments administered pursuant to s.
  166  1008.22, unless these students are exhibiting satisfactory
  167  performance.
  168         h. The percentage of eligible students in the lowest 25
  169  percent in mathematics, as identified by prior year performance
  170  on statewide, standardized assessments, who make Learning Gains
  171  as measured by statewide, standardized mathematics assessments
  172  administered under s. 1008.22(3).
  173         i. For schools comprised of middle grades 6 through 8 or
  174  grades 7 and 8, the school’s grade shall include the percentage
  175  of eligible students passing high school level statewide,
  176  standardized end-of-course assessments for courses required for
  177  high school graduation. The school grades shall include the
  178  students’ attainment of national industry certifications that
  179  satisfy high school graduation requirements and are identified
  180  in the Industry Certification Funding List pursuant to rules
  181  adopted by the state board.
  182  
  183  In calculating Learning Gains for the components listed in sub
  184  subparagraphs e.-i., the State Board of Education shall require
  185  that learning growth toward achievement levels 3, 4, and 5 is
  186  demonstrated by students who scored below each of those levels
  187  in the prior year.
  188         2. Beginning with the 2011-2012 school year, for schools
  189  comprised of middle grades 6 through 8 or grades 7 and 8, the
  190  school’s grade shall include the performance and participation
  191  of its students enrolled in high school level courses with
  192  statewide, standardized assessments administered under s.
  193  1008.22. Performance and participation must be weighted equally.
  194  As valid data becomes available, the school grades shall include
  195  the students’ attainment of national industry certification
  196  identified in the Industry Certification Funding List pursuant
  197  to rules adopted by the state board.
  198         2.3.Beginning with the 2009-2010 school year For a school
  199  schools comprised of high school grades 9, 10, 11, and 12, or
  200  grades 10, 11, and 12, the school’s grade at least 50 percent of
  201  the school grade shall be based on sub-subparagraphs 1.a.-h. and
  202  a combination of the factors listed in sub-subparagraphs 1.a.-c.
  203  and the remaining percentage on the following components, each
  204  worth 100 points factors:
  205         a. The four-year high school graduation rate of the school,
  206  as defined by state board rule.;
  207         b. The percentage of students who were eligible to earn
  208  college and career credit through As valid data becomes
  209  available, the performance and participation of the school’s
  210  students in College Board Advanced Placement examinations
  211  courses, International Baccalaureate examinations courses, dual
  212  enrollment courses, or and Advanced International Certificate of
  213  Education examinations courses; or who, at any time during high
  214  school, earned and the students’ achievement of national
  215  industry certification identified in the Industry Certification
  216  Funding List, pursuant to rules adopted by the state board.;
  217         (c)1. The calculation of a school grade shall be based on
  218  the percentage of points earned from the components listed in
  219  subparagraph (b)1. and, if applicable, subparagraph (b)2. The
  220  State Board of Education shall adopt in rule a school grading
  221  scale that sets the percentage of points needed to earn each of
  222  the school grades listed in subsection (2). There shall be at
  223  least 5 percentage points separating the percentage thresholds
  224  needed to earn each of the school grades. Each school year, the
  225  percentage of schools earning “A” and “B” grades shall be
  226  reviewed to determine whether to adjust the school grading scale
  227  upward for the following school year’s calculation of school
  228  grades. An adjustment must be made if the percentage of schools
  229  earning an “A” and “B” in the current year represents 75 percent
  230  or more of all graded schools within a particular school type
  231  used for accountability. The adjustment must reset the minimum
  232  required percentage of points for each grade at a percentage
  233  threshold that would yield less than 75 percent of schools
  234  earning an “A” and “B” if applied in the year mandating the
  235  adjustment. The adjustments shall end when the following grade
  236  scale is achieved:
  237         a. Ninety percent or more of the points for an “A.”
  238         b. Eighty to 89 percent of the points for a “B.”
  239         c. Seventy to 79 percent of the points for a “C.”
  240         d. Sixty to 69 percent of the points for a “D.”
  241         e. Fifty-nine percent or less of the points for an “F.”
  242         2. The calculation of school grades may not include any
  243  provision that would raise or lower the school’s grade beyond
  244  the percentage of points earned. Extra weight may not be added
  245  in the calculation of any components.
  246         c. Postsecondary readiness of all of the school’s on-time
  247  graduates as measured by the SAT, the ACT, the Postsecondary
  248  Education Readiness Test, or the common placement test;
  249         d. The high school graduation rate of at-risk students, who
  250  score Level 1 or Level 2 on grade 8 FCAT Reading or the English
  251  Language Arts and mathematics assessments administered under s.
  252  1008.22;
  253         e. As valid data becomes available, the performance of the
  254  school’s students on statewide, standardized end-of-course
  255  assessments administered under s. 1008.22(3)(b)4. and 5.; and
  256         f. The growth or decline in the components listed in sub
  257  subparagraphs a.-e. from year to year.
  258         (c) Student assessment data used in determining school
  259  grades shall include:
  260         1. The aggregate scores of all eligible students enrolled
  261  in the school who have been assessed on statewide, standardized
  262  assessments in courses required for high school graduation,
  263  including, beginning with the 2011-2012 school year, the end-of
  264  course assessment in Algebra I; and beginning with the 2012-2013
  265  school year, the end-of-course assessments in Geometry and
  266  Biology I; and beginning with the 2014-2015 school year, on the
  267  statewide, standardized end-of-course assessment in civics
  268  education at the middle grades level.
  269         2. The aggregate scores of all eligible students enrolled
  270  in the school who have been assessed on statewide, standardized
  271  assessments under s. 1008.22 and who have scored at or in the
  272  lowest 25th percentile of students in the school in reading and
  273  mathematics, unless these students are exhibiting satisfactory
  274  performance.
  275         (d) The performance of students attending alternative
  276  schools and students designated as hospital or homebound shall
  277  be factored into a school grade as follows:
  278         1.3. The student performance data for achievement scores
  279  and learning gains of eligible students attending alternative
  280  schools that provide dropout prevention and academic
  281  intervention services pursuant to s. 1003.53 shall be included
  282  in the calculation of the home school’s grade. The term
  283  “eligible students” in this subparagraph does not include
  284  students attending an alternative school who are subject to
  285  district school board policies for expulsion for repeated or
  286  serious offenses, who are in dropout retrieval programs serving
  287  students who have officially been designated as dropouts, or who
  288  are in programs operated or contracted by the Department of
  289  Juvenile Justice. The student performance data for eligible
  290  students identified in this subparagraph shall be included in
  291  the calculation of the home school’s grade. As used in this
  292  subparagraph and s. 1008.341, the term “home school” means the
  293  school to which the student would be assigned if the student
  294  were not assigned to an alternative school. If an alternative
  295  school chooses to be graded under this section, student
  296  performance data for eligible students identified in this
  297  subparagraph shall not be included in the home school’s grade
  298  but shall be included only in the calculation of the alternative
  299  school’s grade. A school district that fails to assign
  300  statewide, standardized end-of-course assessment scores of each
  301  of its students to his or her home school or to the alternative
  302  school that receives a grade shall forfeit Florida School
  303  Recognition Program funds for one 1 fiscal year. School
  304  districts must require collaboration between the home school and
  305  the alternative school in order to promote student success. This
  306  collaboration must include an annual discussion between the
  307  principal of the alternative school and the principal of each
  308  student’s home school concerning the most appropriate school
  309  assignment of the student.
  310         2.4. Student performance data for The achievement scores
  311  and learning gains of students designated as hospital or
  312  homebound hospital- or homebound. Student assessment data for
  313  students designated as hospital- or homebound shall be assigned
  314  to their home school for the purposes of school grades. As used
  315  in this subparagraph, the term “home school” means the school to
  316  which a student would be assigned if the student were not
  317  assigned to a hospital or homebound hospital- or homebound
  318  program.
  319         5. For schools comprised of high school grades 9, 10, 11,
  320  and 12, or grades 10, 11, and 12, the data listed in
  321  subparagraphs 1.-3. and the following data as the Department of
  322  Education determines such data are valid and available:
  323         a. The high school graduation rate of the school as
  324  calculated by the department;
  325         b. The participation rate of all eligible students enrolled
  326  in the school and enrolled in College Board Advanced Placement
  327  courses; International Baccalaureate courses; dual enrollment
  328  courses; Advanced International Certificate of Education
  329  courses; and courses or sequences of courses leading to national
  330  industry certification identified in the Industry Certification
  331  Funding List, pursuant to rules adopted by the State Board of
  332  Education;
  333         c. The aggregate scores of all eligible students enrolled
  334  in the school in College Board Advanced Placement courses,
  335  International Baccalaureate courses, and Advanced International
  336  Certificate of Education courses;
  337         d. Earning of college credit by all eligible students
  338  enrolled in the school in dual enrollment programs under s.
  339  1007.271;
  340         e. Earning of a national industry certification identified
  341  in the Industry Certification Funding List, pursuant to rules
  342  adopted by the State Board of Education;
  343         f. The aggregate scores of all eligible students enrolled
  344  in the school in reading, mathematics, and other subjects as
  345  measured by the SAT, the ACT, the Postsecondary Education
  346  Readiness Test, and the common placement test for postsecondary
  347  readiness;
  348         g. The high school graduation rate of all eligible at-risk
  349  students enrolled in the school who scored Level 2 or lower on
  350  grade 8 FCAT Reading and FCAT Mathematics;
  351         h. The performance of the school’s students on statewide,
  352  standardized end-of-course assessments administered under s.
  353  1008.22(3)(b)4. and 5.; and
  354         i. The growth or decline in the data components listed in
  355  sub-subparagraphs a.-h. from year to year.
  356  
  357  The State Board of Education shall adopt appropriate criteria
  358  for each school grade. The criteria must also give added weight
  359  to student achievement in reading. Schools earning a grade of
  360  “C,” making satisfactory progress, shall be required to
  361  demonstrate that adequate progress has been made by students in
  362  the school who are in the lowest 25th percentile in reading and
  363  mathematics on statewide, standardized assessments under s.
  364  1008.22, unless these students are exhibiting satisfactory
  365  performance. For schools comprised of high school grades 9, 10,
  366  11, and 12, or grades 10, 11, and 12, the criteria for school
  367  grades must also give added weight to the graduation rate of all
  368  eligible at-risk students. In order for a high school to earn a
  369  grade of “A,” the school must demonstrate that its at-risk
  370  students, as defined in this paragraph, are making adequate
  371  progress.
  372         (4) SCHOOL IMPROVEMENT RATINGS.—The annual report shall
  373  identify each school’s performance as having improved, remained
  374  the same, or declined. This school improvement rating shall be
  375  based on a comparison of the current year’s and previous year’s
  376  student and school performance data. A school that improves its
  377  rating by at least one level is eligible for school recognition
  378  awards pursuant to s. 1008.36.
  379         (4)(5) SCHOOL REPORT CARD.—The Department of Education
  380  shall annually develop, in collaboration with the school
  381  districts, a school report card to be provided by the school
  382  district to parents within the district. The report card shall
  383  include the school’s grade; student performance in English
  384  Language Arts, mathematics, science, and social studies;,
  385  information regarding school improvement;, an explanation of
  386  school performance as evaluated by the federal Elementary and
  387  Secondary Education Act (ESEA), 20 U.S.C. ss. 6301 et seq.;, and
  388  indicators of return on investment. Each school’s report card
  389  shall be published annually by the department on its website
  390  based upon the most recent data available.
  391         (6) PERFORMANCE-BASED FUNDING.—The Legislature may factor
  392  in the performance of schools in calculating any performance
  393  based funding policy that is provided for annually in the
  394  General Appropriations Act.
  395         (5)(7) DISTRICT GRADE.—The annual report required by
  396  subsection (1) shall include the school district’s grade.
  397  Beginning with the 2014-2015 school year, a school district’s
  398  grade shall include a district-level calculation of the
  399  components under paragraph (3)(b) be calculated using student
  400  performance and learning gains data on statewide assessments
  401  used for determining school grades under subparagraph (3)(b)1.
  402  for each eligible student enrolled for a full school year in the
  403  district. This calculation methodology captures each eligible
  404  student in the district who may have transferred among schools
  405  within the district or is enrolled in a school that does not
  406  receive a grade. The department shall develop a district report
  407  card that includes the district’s grade; measures of the
  408  district’s progress in closing the achievement gap between
  409  higher-performing student subgroups and lower-performing student
  410  subgroups; measures of the district’s progress in demonstrating
  411  Learning Gains of its highest-performing students; measures of
  412  the district’s success in improving student attendance; the
  413  district’s grade-level promotion of students scoring achievement
  414  levels 1 and 2 on statewide, standardized English Language Arts
  415  and mathematics assessments; and measures of the district’s
  416  performance in preparing students for the transition from
  417  elementary to middle school, middle to high school, and high
  418  school to postsecondary institutions and careers.
  419         (6)(8) RULES.—The State Board of Education shall adopt
  420  rules under ss. 120.536(1) and 120.54 to administer this
  421  section.
  422         (7) TRANSITION.—School grades and school improvement
  423  ratings pursuant to s. 1008.341 for the 2013-2014 school year
  424  shall be calculated based on statutes and rules in effect on
  425  June 30, 2014. To assist in the transition to 2014-2015 school
  426  grades, calculated based on new statewide, standardized
  427  assessments administered pursuant to s. 1008.22, the 2014-2015
  428  school grades shall serve as an informational baseline for
  429  schools to work toward improved performance in future years.
  430  Accordingly, notwithstanding any other provision of law:
  431         (a) A school may not be required to select and implement a
  432  turnaround option pursuant to s. 1008.33 in the 2015-2016 school
  433  year based on the school’s 2014-2015 grade or school improvement
  434  rating under s. 1008.341, as applicable.
  435         (b)1. A school or approved provider under s. 1002.45 that
  436  receives the same or a lower school grade or school improvement
  437  rating for the 2014-2015 school year compared to the 2013-2014
  438  school year is not subject to sanctions or penalties that would
  439  otherwise occur as a result of the 2014-2015 school grade or
  440  rating. A charter school system or a school district designated
  441  as high performing may not lose the designation based on the
  442  2014-2015 school grades of any of the schools within the charter
  443  school system or school district, as applicable.
  444         2. The Florida School Recognition Program established under
  445  s. 1008.36 shall continue to be implemented as otherwise
  446  provided in the General Appropriations Act.
  447         (c) For purposes of determining grade 3 retention pursuant
  448  to s. 1008.25(5) and high school graduation pursuant to s.
  449  1003.4282, student performance on the 2014-2015 statewide,
  450  standardized assessments shall be linked to 2013-2014 student
  451  performance expectations.
  452  
  453  This subsection is repealed July 1, 2017.
  454         Section 2. Subsection (18) of section 1001.42, Florida
  455  Statutes, is amended to read:
  456         1001.42 Powers and duties of district school board.—The
  457  district school board, acting as a board, shall exercise all
  458  powers and perform all duties listed below:
  459         (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.
  460  Maintain a state system of school improvement and education
  461  accountability as provided by statute and State Board of
  462  Education rule. This system of school improvement and education
  463  accountability shall be consistent with, and implemented
  464  through, the district’s continuing system of planning and
  465  budgeting required by this section and ss. 1008.385, 1010.01,
  466  and 1011.01. This system of school improvement and education
  467  accountability shall comply with the provisions of ss. 1008.33,
  468  1008.34, 1008.345, and 1008.385 and include the following:
  469         (a) School improvement plans.—The district school board
  470  shall annually approve and require implementation of a new,
  471  amended, or continuation school improvement plan for each school
  472  in the district. If a school has a significant gap in
  473  achievement on statewide, standardized assessments administered
  474  pursuant to s. 1008.22 1008.34(3)(b) by one or more student
  475  subgroups, as defined in the federal Elementary and Secondary
  476  Education Act (ESEA), 20 U.S.C. s. 6311(b)(2)(C)(v)(II); has not
  477  significantly increased decreased the percentage of students
  478  passing scoring below satisfactory on statewide, standardized
  479  assessments; has not significantly increased the percentage of
  480  students demonstrating Learning Gains, as defined in s. 1008.34
  481  and as calculated under s. 1008.34(3)(b), who passed statewide,
  482  standardized assessments; or has significantly lower graduation
  483  rates for a subgroup when compared to the state’s graduation
  484  rate, that school’s improvement plan shall include strategies
  485  for improving these results. The state board shall adopt rules
  486  establishing thresholds and for determining compliance with this
  487  paragraph.
  488         (b) Public disclosure.—The district school board shall
  489  provide information regarding the performance of students and
  490  educational programs as required pursuant to ss. 1008.22 and
  491  1008.385 and implement a system of school reports as required by
  492  statute and State Board of Education rule which shall include
  493  schools operating for the purpose of providing educational
  494  services to youth in Department of Juvenile Justice programs,
  495  and for those schools, report on the elements specified in s.
  496  1003.52(19). Annual public disclosure reports shall be in an
  497  easy-to-read report card format and shall include the school’s
  498  grade, high school graduation rate calculated without GED tests,
  499  disaggregated by student ethnicity, and performance data as
  500  specified in state board rule.
  501         (c) School improvement funds.—The district school board
  502  shall provide funds to schools for developing and implementing
  503  school improvement plans. Such funds shall include those funds
  504  appropriated for the purpose of school improvement pursuant to
  505  s. 24.121(5)(c).
  506         Section 3. Paragraph (n) of subsection (9) and paragraph
  507  (b) of subsection (21) of section 1002.33, Florida Statutes, are
  508  amended to read:
  509         1002.33 Charter schools.—
  510         (9) CHARTER SCHOOL REQUIREMENTS.—
  511         (n)1. The director and a representative of the governing
  512  board of a charter school that has earned a grade of “D” or “F”
  513  pursuant to s. 1008.34 1008.34(2) shall appear before the
  514  sponsor to present information concerning each contract
  515  component having noted deficiencies. The director and a
  516  representative of the governing board shall submit to the
  517  sponsor for approval a school improvement plan to raise student
  518  performance achievement. Upon approval by the sponsor, the
  519  charter school shall begin implementation of the school
  520  improvement plan. The department shall offer technical
  521  assistance and training to the charter school and its governing
  522  board and establish guidelines for developing, submitting, and
  523  approving such plans.
  524         2.a. If a charter school earns three consecutive grades of
  525  “D,” two consecutive grades of “D” followed by a grade of “F,”
  526  or two nonconsecutive grades of “F” within a 3-year period, the
  527  charter school governing board shall choose one of the following
  528  corrective actions:
  529         (I) Contract for educational services to be provided
  530  directly to students, instructional personnel, and school
  531  administrators, as prescribed in state board rule;
  532         (II) Contract with an outside entity that has a
  533  demonstrated record of effectiveness to operate the school;
  534         (III) Reorganize the school under a new director or
  535  principal who is authorized to hire new staff; or
  536         (IV) Voluntarily close the charter school.
  537         b. The charter school must implement the corrective action
  538  in the school year following receipt of a third consecutive
  539  grade of “D,” a grade of “F” following two consecutive grades of
  540  “D,” or a second nonconsecutive grade of “F” within a 3-year
  541  period.
  542         c. The sponsor may annually waive a corrective action if it
  543  determines that the charter school is likely to improve a letter
  544  grade if additional time is provided to implement the
  545  intervention and support strategies prescribed by the school
  546  improvement plan. Notwithstanding this sub-subparagraph, a
  547  charter school that earns a second consecutive grade of “F” is
  548  subject to subparagraph 4.
  549         d. A charter school is no longer required to implement a
  550  corrective action if it improves by at least one letter grade.
  551  However, the charter school must continue to implement
  552  strategies identified in the school improvement plan. The
  553  sponsor must annually review implementation of the school
  554  improvement plan to monitor the school’s continued improvement
  555  pursuant to subparagraph 5.
  556         e. A charter school implementing a corrective action that
  557  does not improve by at least one letter grade after 2 full
  558  school years of implementing the corrective action must select a
  559  different corrective action. Implementation of the new
  560  corrective action must begin in the school year following the
  561  implementation period of the existing corrective action, unless
  562  the sponsor determines that the charter school is likely to
  563  improve a letter grade if additional time is provided to
  564  implement the existing corrective action. Notwithstanding this
  565  sub-subparagraph, a charter school that earns a second
  566  consecutive grade of “F” while implementing a corrective action
  567  is subject to subparagraph 4.
  568         3. A charter school with a grade of “D” or “F” that
  569  improves by at least one letter grade must continue to implement
  570  the strategies identified in the school improvement plan. The
  571  sponsor must annually review implementation of the school
  572  improvement plan to monitor the school’s continued improvement
  573  pursuant to subparagraph 5.
  574         4. The sponsor shall terminate a charter if the charter
  575  school earns two consecutive grades of “F” unless:
  576         a. The charter school is established to turn around the
  577  performance of a district public school pursuant to s.
  578  1008.33(4)(b)3. Such charter schools shall be governed by s.
  579  1008.33;
  580         b. The charter school serves a student population the
  581  majority of which resides in a school zone served by a district
  582  public school that earned a grade of “F” in the year before the
  583  charter school opened and the charter school earns at least a
  584  grade of “D” in its third year of operation. The exception
  585  provided under this sub-subparagraph does not apply to a charter
  586  school in its fourth year of operation and thereafter; or
  587         c. The state board grants the charter school a waiver of
  588  termination. The charter school must request the waiver within
  589  15 days after the department’s official release of school
  590  grades. The state board may waive termination if the charter
  591  school demonstrates that the Learning Gains of its students on
  592  statewide assessments are comparable to or better than the
  593  Learning Gains of similarly situated students enrolled in nearby
  594  district public schools. The waiver is valid for 1 year and may
  595  only be granted once. Charter schools that have been in
  596  operation for more than 5 years are not eligible for a waiver
  597  under this sub-subparagraph.
  598         5. The director and a representative of the governing board
  599  of a graded charter school that has implemented a school
  600  improvement plan under this paragraph shall appear before the
  601  sponsor at least once a year to present information regarding
  602  the progress of intervention and support strategies implemented
  603  by the school pursuant to the school improvement plan and
  604  corrective actions, if applicable. The sponsor shall communicate
  605  at the meeting, and in writing to the director, the services
  606  provided to the school to help the school address its
  607  deficiencies.
  608         6. Notwithstanding any provision of this paragraph except
  609  sub-subparagraphs 4.a.-c., the sponsor may terminate the charter
  610  at any time pursuant to subsection (8).
  611         (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.—
  612         (b)1. The Department of Education shall report to each
  613  charter school receiving a school grade pursuant to s. 1008.34
  614  or a school improvement rating pursuant to s. 1008.341 the
  615  school’s student assessment data pursuant to s. 1008.34(3)(c)
  616  which is reported to schools that receive a school grade or
  617  student assessment data pursuant to s. 1008.341(3) which is
  618  reported to alternative schools that receive a school
  619  improvement rating to each charter school that:
  620         a. Does not receive a school grade pursuant to s. 1008.34
  621  or a school improvement rating pursuant to s. 1008.341; and
  622         b. Serves at least 10 students who are tested on the
  623  statewide assessment test pursuant to s. 1008.22.
  624         2. The charter school shall report the information in
  625  subparagraph 1. to each parent of a student at the charter
  626  school, the parent of a child on a waiting list for the charter
  627  school, the district in which the charter school is located, and
  628  the governing board of the charter school. This paragraph does
  629  not abrogate the provisions of s. 1002.22, relating to student
  630  records, or the requirements of 20 U.S.C. s. 1232g, the Family
  631  Educational Rights and Privacy Act.
  632         3.a. Pursuant to this paragraph, the Department of
  633  Education shall compare the charter school student performance
  634  data for each charter school in subparagraph 1. with the student
  635  performance data in traditional public schools in the district
  636  in which the charter school is located and other charter schools
  637  in the state. For alternative charter schools, the department
  638  shall compare the student performance data described in this
  639  paragraph with all alternative schools in the state. The
  640  comparative data shall be provided by the following grade
  641  groupings:
  642         (I) Grades 3 through 5;
  643         (II) Grades 6 through 8; and
  644         (III) Grades 9 through 11.
  645         b. Each charter school shall provide the information
  646  specified in this paragraph on its Internet website and also
  647  provide notice to the public at large in a manner provided by
  648  the rules of the State Board of Education. The State Board of
  649  Education shall adopt rules to administer the notice
  650  requirements of this subparagraph pursuant to ss. 120.536(1) and
  651  120.54. The website shall include, through links or actual
  652  content, other information related to school performance.
  653         Section 4. Paragraphs (a) and (d) of subsection (1) of
  654  section 1003.621, Florida Statutes, are amended to read:
  655         1003.621 Academically high-performing school districts.—It
  656  is the intent of the Legislature to recognize and reward school
  657  districts that demonstrate the ability to consistently maintain
  658  or improve their high-performing status. The purpose of this
  659  section is to provide high-performing school districts with
  660  flexibility in meeting the specific requirements in statute and
  661  rules of the State Board of Education.
  662         (1) ACADEMICALLY HIGH-PERFORMING SCHOOL DISTRICT.—
  663         (a) A school district is an academically high-performing
  664  school district if it meets the following criteria:
  665         1.a. Beginning with the 2004-2005 school year, Earns a
  666  grade of “A” under s. 1008.34 1008.34(7) for 2 consecutive
  667  years; and
  668         b. Has no district-operated school that earns a grade of
  669  “F” under s. 1008.34;
  670         2. Complies with all class size requirements in s. 1, Art.
  671  IX of the State Constitution and s. 1003.03; and
  672         3. Has no material weaknesses or instances of material
  673  noncompliance noted in the annual financial audit conducted
  674  pursuant to s. 11.45 or s. 218.39.
  675         (d) In order to maintain the designation as an academically
  676  high-performing school district pursuant to this section, a
  677  school district must meet the following requirements:
  678         1. Comply with the provisions of subparagraphs (a)2. and
  679  3.; and
  680         2. Earn a grade of “A” under s. 1008.34 1008.34(7) for 2
  681  years within a 3-year period.
  682  
  683  However, a district in which a district-operated school earns a
  684  grade of “F” under s. 1008.34 during the 3-year period may not
  685  continue to be designated as an academically high-performing
  686  school district during the remainder of that 3-year period. The
  687  district must meet the criteria in paragraph (a) in order to be
  688  redesignated as an academically high-performing school district.
  689         Section 5. Paragraph (b) of subsection (1) of section
  690  1008.31, Florida Statutes, is amended to read:
  691         1008.31 Florida’s K-20 education performance accountability
  692  system; legislative intent; mission, goals, and systemwide
  693  measures; data quality improvements.—
  694         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
  695  that:
  696         (b) The K-20 education performance accountability system be
  697  established as a single, unified accountability system with
  698  multiple components, including, but not limited to, measures of
  699  adequate yearly progress, individual student performance
  700  learning gains in public schools and, school and district
  701  grades, and return on investment.
  702         Section 6. Subsection (2) of section 1008.33, Florida
  703  Statutes, is amended to read:
  704         1008.33 Authority to enforce public school improvement.—
  705         (2)(a) Pursuant to subsection (1) and ss. 1008.34,
  706  1008.345, and 1008.385, the State Board of Education shall hold
  707  all school districts and public schools accountable for student
  708  performance. The state board is responsible for a state system
  709  of school improvement and education accountability that assesses
  710  student performance by school, identifies schools that in which
  711  students are not meeting accountability making adequate progress
  712  toward state standards, and institutes appropriate measures for
  713  enforcing improvement.
  714         (b) The state system of school improvement and education
  715  accountability must provide for uniform accountability
  716  standards, provide assistance of escalating intensity to low
  717  performing schools not meeting accountability standards, direct
  718  support to schools in order to improve and sustain performance,
  719  focus on the performance of student subgroups, and enhance
  720  student performance.
  721         (c) School districts must be held accountable for improving
  722  the academic performance achievement of all students and for
  723  identifying and improving turning around low-performing schools
  724  that fail to meet accountability standards.
  725         Section 7. Subsections (2), (3), and (4) of section
  726  1008.341, Florida Statutes, are amended to read:
  727         1008.341 School improvement rating for alternative
  728  schools.—
  729         (2) SCHOOL IMPROVEMENT RATING.—An alternative school is a
  730  school that provides dropout prevention and academic
  731  intervention services pursuant to s. 1003.53. An alternative
  732  school shall receive a school improvement rating pursuant to
  733  this section unless the school earns a school grade pursuant to
  734  s. 1008.34. An Beginning with the 2013-2014 school year, each
  735  alternative school that chooses to receive a school improvement
  736  rating shall receive a school improvement rating if the number
  737  of its students for whom student performance data on statewide,
  738  standardized assessments pursuant to s. 1008.22 which is
  739  available for the current year and previous year meets or
  740  exceeds the minimum sample size of 10. If an alternative school
  741  does not have at least 10 students with complete data for a
  742  component listed in subsection (3), that component may not be
  743  used in calculating the school’s improvement rating. The
  744  calculation of the school improvement rating shall be based on
  745  the percentage of points earned from the components listed in
  746  subsection (3). An alternative school that tests at least 80
  747  percent of its students may receive a school improvement rating.
  748  If an alternative school tests less than 90 percent of its
  749  students, the school may not earn a rating higher than
  750  “maintaining.” Beginning with the 2016-2017 school year, if an
  751  alternative school does not meet the requirements for the
  752  issuance of a school improvement rating in the current year, and
  753  has failed to receive a school improvement rating for the prior
  754  2 consecutive years, the school shall receive a rating for the
  755  current year based upon a compilation of all student Learning
  756  Gains, for all grade levels, for those 3 years. Likewise, if the
  757  school fails to meet the requirements for a rating the following
  758  year or any year thereafter, the school’s rating shall be based
  759  on a compilation of student Learning Gains achieved during the
  760  current and prior 2 years. The school improvement rating shall
  761  identify an alternative school as having one of the following
  762  ratings defined according to rules of the State Board of
  763  Education:
  764         (a) “Commendable” “Improving” means a significant
  765  percentage of the students attending the school are making
  766  Learning Gains more academic progress than when the students
  767  were served in their home schools.
  768         (b) “Maintaining” means a sufficient percentage of the
  769  students attending the school are making Learning Gains progress
  770  equivalent to the progress made when the students were served in
  771  their home schools.
  772         (c) “Unsatisfactory” “Declining” means an insufficient
  773  percentage of the students attending the school are making
  774  Learning Gains less academic progress than when the students
  775  were served in their home schools.
  776  
  777  The school improvement rating shall be based on a comparison of
  778  student performance data for the current year and previous year.
  779  Schools that improve at least one level or maintain a
  780  “commendable” an “improving” rating pursuant to this section are
  781  eligible for school recognition awards pursuant to s. 1008.36.
  782         (3) DESIGNATION OF SCHOOL IMPROVEMENT RATING.—Student
  783  Learning Gains data used in determining an alternative school’s
  784  school improvement rating shall include:
  785         (a)student performance results based on statewide,
  786  standardized assessments, including retakes, administered under
  787  s. 1008.22 for all eligible students who were assigned to and
  788  enrolled in the school during the October or February FTE count
  789  and who have assessment scores or comparable scores for the
  790  preceding school year shall be used in determining an
  791  alternative school’s school improvement rating. An alternative
  792  school’s rating shall be based on the following components:
  793         (a)The percentage of eligible students who make Learning
  794  Gains in English Language Arts as measured by statewide,
  795  standardized assessments under s. 1008.22(3).
  796         (b) The percentage of eligible students who make Learning
  797  Gains in mathematics as measured by statewide, standardized
  798  assessments under s. 1008.22(3) Student performance results
  799  based on statewide, standardized assessments, including retakes,
  800  administered under s. 1008.22 for all eligible students who were
  801  assigned to and enrolled in the school during the October or
  802  February FTE count and who have scored in the lowest 25th
  803  percentile of students in the state on FCAT Reading.
  804  
  805  Student performance results of students who are subject to
  806  district school board policies for expulsion for repeated or
  807  serious offenses, who are in dropout retrieval programs serving
  808  students who have officially been designated as dropouts, or who
  809  are in programs operated or contracted by the Department of
  810  Juvenile Justice may not be included in an alternative school’s
  811  school improvement rating.
  812         (4) IDENTIFICATION OF STUDENT LEARNING GAINS.—For each
  813  alternative school receiving a school improvement rating, the
  814  Department of Education shall annually identify the percentage
  815  of students making Learning Gains consistent with the provisions
  816  in s. 1008.34(3) as compared to the percentage of the same
  817  students making learning gains in their home schools in the year
  818  prior to being assigned to the alternative school.
  819         Section 8. Subsection (2) of section 1008.3415, Florida
  820  Statutes, is amended to read:
  821         1008.3415 School grade or school improvement rating for
  822  exceptional student education centers.—
  823         (2) Notwithstanding s. 1008.34 1008.34(3)(c)3., the
  824  achievement levels scores and Learning Gains of a student with a
  825  disability who attends an exceptional student education center
  826  and has not been enrolled in or attended a public school other
  827  than an exceptional student education center for grades K-12
  828  within the school district shall not be included in the
  829  calculation of the home school’s grade if the student is
  830  identified as an emergent student on the alternate assessment
  831  tool described in s. 1008.22(3)(c) 1008.22(3)(c)13.
  832         Section 9. (1)Based on documentation from a physician
  833  licensed under chapter 458, Florida Statutes, and after
  834  reviewing the district school board superintendent’s
  835  recommendation, the Commissioner of Education must grant:
  836         (a)A permanent exemption from taking statewide,
  837  standardized assessments to a student who, as determined by a
  838  physician licensed pursuant to chapter 458, Florida Statutes, is
  839  a “child with medical complexity.” For purposes of this
  840  paragraph, the term “child with medical complexity” means a
  841  child who has medical fragility and intensive care needs due to
  842  a congenital or acquired multisystem disease, a severe
  843  neurologic condition with marked functional impairment, or
  844  technology dependent for activities of daily living.
  845         (b)A one-year exemption from taking statewide,
  846  standardized assessments to a student who suffers from such a
  847  significant cognitive or physical disability that the student
  848  temporarily lacks the capacity to take statewide, standardized
  849  assessments.
  850         (2)A parent may request that the student participate in
  851  statewide, standardized assessments, including, but not limited
  852  to, the Florida Alternate Assessment, during the term of the
  853  exemption.
  854         (3)The State Board of Education shall adopt rules to
  855  administer this section, including, but not limited to,
  856  expediting the exemption process to demonstrate the utmost
  857  compassion and consideration for meeting the parent’s and
  858  student’s needs, and establishing deadlines for the
  859  superintendent to provide a recommendation to the commissioner.
  860         Section 10. This act shall take effect July 1, 2014.