Florida Senate - 2015                       CS for CS for SB 616
       
       
        
       By the Committees on Appropriations; and Education Pre-K - 12;
       and Senator Legg
       
       
       
       
       576-02904A-15                                          2015616c2
    1                        A bill to be entitled                      
    2         An act relating to education accountability; amending
    3         s. 1001.03, F.S.; revising the powers of the State
    4         Board of Education to require adoption of rules
    5         regarding notification forms for grade 3 retention and
    6         midyear promotion, and high school graduation
    7         requirements and options; amending s. 1008.22, F.S.;
    8         removing the requirement that English Language Arts
    9         statewide assessments be administered to students in
   10         grade 11; requiring that assessments be delivered
   11         through computer-based testing; providing exceptions;
   12         specifying minimum requirements for paper-based
   13         administration of assessments; requiring that
   14         performance results on specified assessments be
   15         provided to teachers and parents within a specified
   16         timeframe; providing applicability; requiring the
   17         Department of Education to collect and distribute
   18         liquidated damages relating to the administration of
   19         specified assessments to school districts under
   20         certain circumstances; prohibiting a school district
   21         from administering a local assessment on a subject
   22         measured under a statewide assessment; requiring a
   23         school district to provide a student’s performance
   24         results on local assessments within a specified
   25         timeframe; revising requirements for the
   26         administration of local assessments; restricting the
   27         number of school hours that a school district may
   28         dedicate to administer specified assessments;
   29         providing exceptions; requiring a school district to
   30         secure consent of a student’s parent if school hours
   31         dedicated to the administration of local assessments
   32         exceed the threshold amount; authorizing a student to
   33         take an examination or assessment adopted pursuant to
   34         State Board of Education rule; revising requirements
   35         regarding the school district’s adoption and
   36         publication of testing schedules; amending s. 1008.24,
   37         F.S.; authorizing a school district to use district
   38         employees to administer and proctor specified
   39         assessments; providing minimum requirements for State
   40         Board of Education rules regarding the training of
   41         such employees; amending s. 1008.25, F.S.; revising
   42         requirements for a district school board’s
   43         comprehensive student progression plan; removing
   44         references regarding local assessments; revising
   45         requirements regarding instruction and reassessment of
   46         students who exhibit a reading deficiency; amending s.
   47         1008.30, F.S.; specifying alternative assessments that
   48         may be accepted by public postsecondary educational
   49         institutions in lieu of the common placement test;
   50         revising requirements for state board rules regarding
   51         common placement testing; authorizing, rather than
   52         requiring, high schools to perform specified college
   53         readiness evaluations; amending s. 1008.34, F.S.;
   54         adding references to school improvement ratings to
   55         provisions regarding the school grading system;
   56         specifying applicability of certain accountability
   57         measures to schools using turnaround options;
   58         requiring that students who score in the bottom
   59         quintile on the 2014-2015 grade 3 English Language
   60         Arts assessment be identified as at-risk students;
   61         requiring that each school district notify such
   62         students’ parents, provide evidence, and provide
   63         intervention and support services; amending s.
   64         1011.62, F.S.; requiring the Department of Education
   65         to contract with an independent, auditing entity if
   66         the administration of online assessments after a
   67         certain date does not comply with the minimum
   68         assessment protocols and requirements established by
   69         the department; requiring the auditing entity to
   70         perform certain duties; amending s. 1012.34, F.S.;
   71         revising requirements for the Commissioner of
   72         Education’s annual report to the Governor and the
   73         Legislature regarding personnel evaluation systems;
   74         revising the percentage thresholds for performance
   75         evaluation criteria for instructional personnel and
   76         school administrators; revising requirements for the
   77         measurement of student performance; prescribing
   78         requirements for school districts regarding educator
   79         performance evaluations and related student
   80         performance results; requiring the state board to
   81         adopt rules by a certain date; revising rule
   82         requirements; removing a provision regarding district
   83         bonus awards; conforming a cross-reference; repealing
   84         s. 1012.3401, F.S., relating to the measurement of
   85         student performance in personnel evaluations;
   86         authorizing a school district to request approval from
   87         the state board to use student performance results on
   88         new statewide assessments for diagnostic and baseline
   89         purposes; requiring a district school superintendent
   90         to submit the waiver request to the Commissioner of
   91         Education; specifying required content of a waiver
   92         request; requiring the commissioner to review and make
   93         recommendations to the state board regarding each
   94         waiver request; specifying conditions and requirements
   95         for a school that is granted a waiver for the 2014
   96         2015 school year; providing for expiration; requiring
   97         the Office of Program Policy Analysis and Government
   98         Accountability (OPPAGA) to complete a study regarding
   99         the leasing of examination questions; requiring OPPAGA
  100         to submit a report summarizing the study findings to
  101         the Legislature by a specified date; amending ss.
  102         1003.4282, 1003.4285, and 1012.22, F.S.; conforming
  103         provisions to changes made by the act; providing an
  104         effective date.
  105          
  106  Be It Enacted by the Legislature of the State of Florida:
  107  
  108         Section 1. Subsection (18) is added to section 1001.03,
  109  Florida Statutes, to read:
  110         1001.03 Specific powers of State Board of Education.—
  111         (18) PUBLICATION OF GRADE 3 RETENTION AND MIDYEAR PROMOTION
  112  AND HIGH SCHOOL GRADUATION REQUIREMENTS AND OPTIONS.—The State
  113  Board of Education shall adopt by rule:
  114         (a) A notification form that clearly identifies for parents
  115  and students the grade 3 retention and midyear promotion
  116  requirements, processes, and options, as well as the high school
  117  graduation requirements, processes, and options. The rule must
  118  require school districts to publish this notification form on
  119  their websites and include the form in annual student handbooks.
  120         (b) A requirement that school districts attach the
  121  notification form when providing student performance results to
  122  parents on statewide, standardized assessments administered
  123  pursuant to ss. 1002.69, 1003.56, and 1008.22.
  124         Section 2. Paragraphs (a), (d), and (h) of subsection (3)
  125  and subsection (6) of section 1008.22, Florida Statutes, are
  126  amended to read:
  127         1008.22 Student assessment program for public schools.—
  128         (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The
  129  Commissioner of Education shall design and implement a
  130  statewide, standardized assessment program aligned to the core
  131  curricular content established in the Next Generation Sunshine
  132  State Standards. The commissioner also must develop or select
  133  and implement a common battery of assessment tools that will be
  134  used in all juvenile justice education programs in the state.
  135  These tools must accurately measure the core curricular content
  136  established in the Next Generation Sunshine State Standards.
  137  Participation in the assessment program is mandatory for all
  138  school districts and all students attending public schools,
  139  including adult students seeking a standard high school diploma
  140  under s. 1003.4282 and students in Department of Juvenile
  141  Justice education programs, except as otherwise provided by law.
  142  If a student does not participate in the assessment program, the
  143  school district must notify the student’s parent and provide the
  144  parent with information regarding the implications of such
  145  nonparticipation. The statewide, standardized assessment program
  146  shall be designed and implemented as follows:
  147         (a) Statewide, standardized comprehensive assessments.—The
  148  statewide, standardized Reading assessment shall be administered
  149  annually in grades 3 through 10. The statewide, standardized
  150  Writing assessment shall be administered annually at least once
  151  at the elementary, middle, and high school levels. When the
  152  Reading and Writing assessments are replaced by English Language
  153  Arts (ELA) assessments, ELA assessments shall be administered to
  154  students in grades 3 through 10 11. Retake opportunities for the
  155  grade 10 Reading assessment or, upon implementation, the grade
  156  10 ELA assessment must be provided. Students taking the ELA
  157  assessments shall not take the statewide, standardized
  158  assessments in Reading or Writing. ELA assessments shall be
  159  administered online. The statewide, standardized Mathematics
  160  assessments shall be administered annually in grades 3 through
  161  8. Students taking a revised Mathematics assessment shall not
  162  take the discontinued assessment. The statewide, standardized
  163  Science assessment shall be administered annually at least once
  164  at the elementary and middle grades levels. In order to earn a
  165  standard high school diploma, a student who has not earned a
  166  passing score on the grade 10 Reading assessment or, upon
  167  implementation, the grade 10 ELA assessment must earn a passing
  168  score on the assessment retake or earn a concordant score as
  169  authorized under subsection (7).
  170         (d) Implementation schedule.—
  171         1. The Commissioner of Education shall establish and
  172  publish on the department’s website an implementation schedule
  173  to transition from the statewide, standardized Reading and
  174  Writing assessments to the ELA assessments and to the revised
  175  Mathematics assessments, including the Algebra I and Geometry
  176  EOC assessments. The schedule must take into consideration
  177  funding, sufficient field and baseline data, access to
  178  assessments, instructional alignment, and school district
  179  readiness to administer the assessments online. All such
  180  assessments must be delivered through computer-based testing.
  181  However, the following assessments must be delivered in a
  182  computer-based format, as follows: the grade 3 ELA assessment
  183  beginning in the 2017-2018 school year; the grade 3 mathematics
  184  assessment beginning in the 2016-2017 school year; the grade 4
  185  ELA assessment beginning in the 2015-2016 school year; and the
  186  grade 4 Mathematics assessment beginning in the 2016-2017 school
  187  year. Paper-based administrations of assessments must, at a
  188  minimum, include paper-based accommodations available for
  189  eligible students whose IEPs or Section 504 plans indicate a
  190  need for a paper-based format.
  191         2. The Department of Education shall publish minimum and
  192  recommended technology requirements that include specifications
  193  for hardware, software, networking, security, and broadband
  194  capacity to facilitate school district compliance with the
  195  requirement that assessments be administered online.
  196         (h) Contracts for assessments.—
  197         1. The commissioner shall provide for the assessments to be
  198  developed or obtained, as appropriate, through contracts and
  199  project agreements with private vendors, public vendors, public
  200  agencies, postsecondary educational institutions, or school
  201  districts. The commissioner may enter into contracts for the
  202  continued administration of the assessments authorized and
  203  funded by the Legislature. Contracts may be initiated in 1
  204  fiscal year and continue into the next fiscal year and may be
  205  paid from the appropriations of either or both fiscal years. The
  206  commissioner may negotiate for the sale or lease of tests,
  207  scoring protocols, test scoring services, and related materials
  208  developed pursuant to law.
  209         2. A student’s performance results on statewide,
  210  standardized comprehensive assessments, EOC assessments, and
  211  Florida Alternate Assessments administered pursuant to this
  212  subsection must be provided to the student’s teachers and
  213  parents within 30 days after administering such assessments.
  214  This subparagraph does not apply to existing contracts for such
  215  assessments, but shall apply to new contracts and any renewal of
  216  existing contracts for such assessments.
  217         3. If liquidated damages are applicable, the department
  218  shall collect and distribute liquidated damages that are due in
  219  response to the administration of the spring 2015 computer-based
  220  assessments of the department’s Florida Standards Assessment
  221  contract with American Institutes for Research, to school
  222  districts as determined by the Legislature.
  223         (6) LOCAL ASSESSMENTS.—
  224         (a) Measurement of student performance in all subjects and
  225  grade levels, except in those subjects and grade levels measured
  226  under the statewide, standardized assessment program described
  227  in this section, is the responsibility of the school districts.
  228  However, a school district may not administer an additional,
  229  cumulative final local assessment for a course measured under a
  230  statewide, standardized end-of-course assessment. A school
  231  district must provide a student’s performance results on
  232  district-required local assessments to the student’s teachers
  233  and parents within 30 days after administering such assessments.
  234         (b) Except for those subjects and grade levels measured
  235  under the statewide, standardized assessment program, beginning
  236  with the 2014-2015 school year, each school district shall
  237  administer for each course offered in the district a local
  238  assessment that measures student mastery of course content at
  239  the necessary level of rigor for the course. As adopted pursuant
  240  to State Board of Education rule, course content is set forth in
  241  the state standards required by s. 1003.41 and in the course
  242  description. Local assessments may include:
  243         1. Statewide assessments.
  244         2. Other standardized assessments, including nationally
  245  recognized standardized assessments.
  246         3. Industry certification assessments.
  247         4. District-developed or district-selected end-of-course
  248  assessments.
  249         5. Teacher-selected or principal-selected assessments.
  250         (c) Each district school board must adopt policies for
  251  selection, development, administration, and scoring of local
  252  assessments and for collection of assessment results. Local
  253  assessments implemented under subparagraphs (b)4. and 5. may
  254  include a variety of assessment formats, including, but not
  255  limited to, project-based assessments, adjudicated performances,
  256  and practical application assignments. For all English Language
  257  Arts, mathematics, science, and social studies courses offered
  258  in the district that are used to meet graduation requirements
  259  under s. 1002.3105, s. 1003.4281, or s. 1003.4282 and that are
  260  not otherwise assessed by statewide, standardized assessments,
  261  the district school board must select the assessments described
  262  in subparagraphs (b)1.-4.
  263         (d) The Commissioner of Education shall identify methods to
  264  assist and support districts in the development and acquisition
  265  of local assessments required under this subsection. Methods may
  266  include developing item banks, facilitating the sharing of
  267  developed tests among school districts, acquiring assessments
  268  from state and national curriculum-area organizations, and
  269  providing technical assistance in best professional practices of
  270  test development based upon state-adopted curriculum standards,
  271  administration, and security.
  272         (c)(e) Each school district shall establish schedules for
  273  the administration of any district-required local district
  274  mandated assessment and approve the schedules as an agenda item
  275  at a district school board meeting. A school district may not
  276  schedule more than 5 percent of a student’s total school hours
  277  in a school year to administer statewide, standardized
  278  assessments and district-required local assessments. The
  279  district must secure written consent from a student’s parent
  280  before administering district-required local assessments that,
  281  after applicable statewide, standardized assessments are
  282  scheduled, exceed the 5 percent test administration limit for
  283  that student under this paragraph. The 5 percent test
  284  administration limit for a student under this paragraph may be
  285  exceeded as needed to provide test accommodations that are
  286  required by an IEP or are appropriate for an English language
  287  learner who is currently receiving services in a program
  288  operated in accordance with an approved English language learner
  289  district plan pursuant to s. 1003.56. Notwithstanding this
  290  paragraph, a student may choose within a school year to take an
  291  examination or assessment adopted by State Board of Education
  292  rule pursuant to this section and ss. 1007.27, 1008.30, and
  293  1008.44. The school district shall adopt its publish the testing
  294  schedule for statewide, standardized assessments and district
  295  required local assessments schedules on its website, clearly
  296  specifying the estimates of average time for administering such
  297  assessment by grade level. The district shall publish on its
  298  website district-mandated assessments, and report the schedules
  299  to the Department of Education, in a format prescribed by the
  300  department, by October 1 of each year.
  301         Section 3. Subsection (3) of section 1008.24, Florida
  302  Statutes, is amended to read:
  303         1008.24 Test administration and security; public records
  304  exemption.—
  305         (3)(a) A school district may contract with qualified
  306  contractors to administer and proctor statewide, standardized
  307  assessments required under s. 1008.22 or assessments associated
  308  with Florida approved courses under s. 1003.499, as approved by
  309  the Department of Education in accordance with rules of the
  310  State Board of Education. Assessments may be administered or
  311  proctored by qualified contractors at sites that meet criteria
  312  established by rules of the State Board of Education and adopted
  313  pursuant to ss. 120.536(1) and 120.54 to implement the
  314  contracting requirements of this subsection.
  315         (b) A school district may use district employees, such as
  316  education paraprofessionals as described in s. 1012.37, to
  317  administer and proctor statewide, standardized assessments
  318  required under s. 1008.22 or assessments associated with Florida
  319  approved courses under s. 1003.499, in accordance with this
  320  section and related rules adopted by the State Board of
  321  Education. The rules must establish training requirements that
  322  must be successfully completed by district employees prior to
  323  the employees performing duties pursuant this paragraph.
  324         Section 4. Paragraph (b) of subsection (2), subsections (3)
  325  and (4), paragraphs (a) and (c) of subsection (5), and paragraph
  326  (a) of subsection (8) of section 1008.25, Florida Statutes, are
  327  amended to read:
  328         1008.25 Public school student progression; remedial
  329  instruction; reporting requirements.—
  330         (2) COMPREHENSIVE STUDENT PROGRESSION PLAN.—Each district
  331  school board shall establish a comprehensive plan for student
  332  progression which must:
  333         (b) Identify the Provide specific levels of performance in
  334  reading, writing, science, and mathematics for each grade level,
  335  including the levels of performance on the statewide,
  336  standardized assessments required by s. 1008.22 as defined by
  337  the commissioner, below which a student, pursuant to subsection
  338  (4), must receive remediation or be retained within an intensive
  339  program that is different from the previous year’s program and
  340  that takes into account the student’s learning style.
  341         (3) ALLOCATION OF RESOURCES.—District school boards shall
  342  allocate remedial and supplemental instruction resources to
  343  students in the following priority:
  344         (a) Students who are deficient in reading by the end of
  345  grade 3.
  346         (b) Students who fail to meet performance levels required
  347  for promotion consistent with the district school board’s plan
  348  for student progression required in paragraph (2)(b).
  349         (4) ASSESSMENT AND REMEDIATION.—
  350         (a) Each student must participate in the statewide,
  351  standardized assessment program required by s. 1008.22. Each
  352  student who does not meet specific levels of performance on the
  353  required assessments as determined by the district school board
  354  or who scores below Level 3 on the statewide, standardized
  355  Reading assessment or, upon implementation, the English Language
  356  Arts assessment or on the statewide, standardized Mathematics
  357  assessments in grades 3 through 8 and the Algebra I EOC
  358  assessment must be provided with additional diagnostic
  359  assessments to determine the nature of the student’s difficulty,
  360  the areas of academic need, and strategies for appropriate
  361  intervention and instruction as described in paragraph (b).
  362         (b) The school in which the student is enrolled must
  363  develop, in consultation with the student’s parent, and must
  364  implement a progress monitoring plan. A progress monitoring plan
  365  is intended to provide the school district and the school
  366  flexibility in meeting the academic needs of the student and to
  367  reduce paperwork. A student who is not meeting the school
  368  district or state requirements for proficiency in reading and
  369  mathematics shall be covered by one of the following plans to
  370  target instruction and identify ways to improve his or her
  371  academic achievement:
  372         1. A federally required student plan such as an individual
  373  education plan;
  374         2. A schoolwide system of progress monitoring for all
  375  students; or
  376         2.3. An individualized progress monitoring plan.
  377  
  378  The plan chosen must be designed to assist the student or the
  379  school in meeting state and district expectations for
  380  proficiency. If the student has been identified as having a
  381  deficiency in reading, the K-12 comprehensive reading plan
  382  required by s. 1011.62(9) shall include instructional and
  383  support services to be provided to meet the desired levels of
  384  performance. District school boards may require low-performing
  385  students to attend remediation programs held before or after
  386  regular school hours or during the summer if transportation is
  387  provided.
  388         (c) Upon subsequent evaluation, if the documented
  389  deficiency has not been remediated, the student may be retained.
  390  Each student who does not meet the minimum performance
  391  expectations identified in paragraph (2)(b) defined by the
  392  Commissioner of Education for the statewide assessment tests in
  393  reading, writing, science, and mathematics must continue to be
  394  provided with remedial or supplemental instruction until the
  395  expectations are met or the student graduates from high school
  396  or is not subject to compulsory school attendance.
  397         (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
  398         (a) Any student who exhibits a substantial deficiency in
  399  reading, based upon locally determined or statewide assessments
  400  conducted in kindergarten or grade 1, grade 2, or grade 3, such
  401  as the statewide kindergarten screening administered under s.
  402  1002.69 and subsequent related reading readiness screening or
  403  through teacher observations, must be given intensive reading
  404  instruction immediately following the identification of the
  405  reading deficiency. The student’s reading proficiency must be
  406  reassessed by locally determined assessments or through teacher
  407  observations at the beginning of the grade following the
  408  intensive reading instruction. The student must continue to be
  409  provided with intensive reading instruction until the reading
  410  deficiency is remedied.
  411         (c) The parent of any student who exhibits a substantial
  412  deficiency in reading, as described in paragraph (a), must be
  413  notified in writing of the following:
  414         1. That his or her child has been identified as having a
  415  substantial deficiency in reading.
  416         2. A description of the current services that are provided
  417  to the child.
  418         3. A description of the proposed supplemental instructional
  419  services and supports that will be provided to the child that
  420  are designed to remediate the identified area of reading
  421  deficiency.
  422         4. That if the child’s reading deficiency is not remediated
  423  by the end of grade 3, the child must be retained unless he or
  424  she is exempt from mandatory retention for good cause.
  425         5. Strategies for parents to use in helping their child
  426  succeed in reading proficiency.
  427         6. That the statewide, standardized assessment required
  428  under s. 1008.22 Florida Comprehensive Assessment Test (FCAT) is
  429  not the sole determiner of promotion and that additional
  430  evaluations, portfolio reviews, and assessments are available to
  431  the child to assist parents and the school district in knowing
  432  when a child is reading at or above grade level and ready for
  433  grade promotion.
  434         7. The district’s specific criteria and policies for a
  435  portfolio as provided in subparagraph (6)(b)4. and the evidence
  436  required for a student to demonstrate mastery of Florida’s
  437  academic standards for English Language Arts. A parent of a
  438  student in grade 3 who is identified anytime during the year as
  439  being at risk of retention may request that the school
  440  immediately begin collecting evidence for a portfolio.
  441         8. The district’s specific criteria and policies for
  442  midyear promotion. Midyear promotion means promotion of a
  443  retained student at any time during the year of retention once
  444  the student has demonstrated ability to read at grade level.
  445         (8) ANNUAL REPORT.—
  446         (a) In addition to the requirements in paragraph (5)(b),
  447  each district school board must annually report to the parent of
  448  each student the progress of the student toward achieving state
  449  and district expectations for proficiency in reading, writing,
  450  science, and mathematics. The district school board must report
  451  to the parent the student’s results on each statewide assessment
  452  test. The evaluation of each student’s progress must be based
  453  upon the student’s classroom work, observations, tests, district
  454  and state assessments, and other relevant information. Progress
  455  reporting must be provided to the parent in writing in a format
  456  adopted by the district school board.
  457         Section 5. Subsections (1) and (3) of section 1008.30,
  458  Florida Statutes, are amended to read:
  459         1008.30 Common placement testing for public postsecondary
  460  education.—
  461         (1) The State Board of Education, in conjunction with the
  462  Board of Governors, shall develop and implement a common
  463  placement test for the purpose of assessing the basic
  464  computation and communication skills of students who intend to
  465  enter a degree program at any public postsecondary educational
  466  institution. Alternative assessments, such as the SAT, the ACT,
  467  and other assessments identified by rule, that may be accepted
  468  in lieu of the common placement test shall also be identified in
  469  rule. Public postsecondary educational institutions shall
  470  provide appropriate modifications of the test instruments or
  471  test procedures for students with disabilities.
  472         (3) The State Board of Education shall adopt rules that
  473  authorize require high schools, at the request of a parent, to
  474  evaluate before the beginning of grade 12 the college readiness
  475  of a each student who scores Level 2 or Level 3 on grade 10 FCAT
  476  Reading or the English Language Arts assessment under s.
  477  1008.22, as applicable, or Level 2, Level 3, or Level 4 on the
  478  Algebra I assessment under s. 1008.22. High schools may shall
  479  perform this evaluation using results from the corresponding
  480  component of the common placement test prescribed in this
  481  section, or an alternative test identified by the State Board of
  482  Education, such as the SAT, the ACT, and other assessments
  483  identified by rule. The high school shall use the results of the
  484  test to advise the students of any identified deficiencies and
  485  to recommend provide 12th grade students , and require them to
  486  complete, appropriate postsecondary preparatory instruction
  487  before high school graduation as an option to grade 12 students.
  488  The curriculum provided under this subsection shall be
  489  identified in rule by the State Board of Education and encompass
  490  Florida’s Postsecondary Readiness Competencies. Other elective
  491  courses may not be substituted for the selected postsecondary
  492  mathematics, reading, writing, or English Language Arts
  493  preparatory course unless the elective course covers the same
  494  competencies included in the postsecondary mathematics, reading,
  495  writing, or English Language Arts preparatory course.
  496         Section 6. Subsection (7) of section 1008.34, Florida
  497  Statutes, is amended to read:
  498         1008.34 School grading system; school report cards;
  499  district grade.—
  500         (7) TRANSITION.—School grades pursuant to this section and
  501  school improvement ratings pursuant to s. 1008.341 for the 2013
  502  2014 school year shall be calculated based on statutes and rules
  503  in effect on June 30, 2014. To assist in the transition to 2014
  504  2015 school grades and school improvement ratings, calculated
  505  based on new statewide, standardized assessments administered
  506  pursuant to s. 1008.22, the 2014-2015 school grades and school
  507  improvement ratings shall serve as an informational baseline for
  508  schools to work toward improved performance in future years.
  509  Accordingly, notwithstanding any other provision of law:
  510         (a) A school may not be required to select and implement a
  511  turnaround option pursuant to s. 1008.33 in the 2015-2016 school
  512  year based on the school’s 2014-2015 grade or school improvement
  513  rating under s. 1008.341, as applicable. The benefits of s.
  514  1008.33(4)(c), relating to a school being released from
  515  implementation of the turnaround option, and s. 1008.33(4)(d),
  516  relating to a school implementing strategies identified in its
  517  school improvement plan, apply to a school using turnaround
  518  options pursuant to s. 1008.33 which improves at least one
  519  letter grade during the 2014-2015 school year.
  520         (b)1. A school or approved provider under s. 1002.45 which
  521  that receives the same or a lower school grade or school
  522  improvement rating for the 2014-2015 school year compared to the
  523  2013-2014 school year is not subject to sanctions or penalties
  524  that would otherwise occur as a result of the 2014-2015 school
  525  grade or rating. A charter school system or a school district
  526  designated as high performing may not lose the designation based
  527  on the 2014-2015 school grades of any of the schools within the
  528  charter school system or school district, as applicable.
  529         2. The Florida School Recognition Program established under
  530  s. 1008.36 shall continue to be implemented as otherwise
  531  provided in the General Appropriations Act.
  532         (c) Until such time as an independent verification of the
  533  psychometric validity of the statewide, standardized assessments
  534  first implemented in 2014-2015 is provided, for purposes of
  535  determining grade 3 English Language Arts student performance
  536  retention pursuant to s. 1008.25(5) and high school graduation
  537  requirements pursuant to s. 1003.4282, student performance on
  538  the 2014-2015 statewide, standardized assessments shall be
  539  linked to 2013-2014 student performance expectations. Students
  540  who score in the bottom quintile on the 2014-2015 grade 3
  541  English Language Arts assessment shall be identified as at-risk
  542  students. School districts must notify parents of such students,
  543  provide evidence as outlined in s. 1008.25(6)(b), and provide
  544  the appropriate intervention and support services for student
  545  success in fourth grade.
  546  
  547  This subsection is repealed July 1, 2017.
  548         Section 7. Paragraph (b) of subsection (12) of section
  549  1011.62, Florida Statutes, is amended to read:
  550         1011.62 Funds for operation of schools.—If the annual
  551  allocation from the Florida Education Finance Program to each
  552  district for operation of schools is not determined in the
  553  annual appropriations act or the substantive bill implementing
  554  the annual appropriations act, it shall be determined as
  555  follows:
  556         (12) FLORIDA DIGITAL CLASSROOMS ALLOCATION.—
  557         (b) Each district school board shall adopt a district
  558  digital classrooms plan that meets the unique needs of students,
  559  schools, and personnel and submit the plan for approval to the
  560  Department of Education. In addition, each district school board
  561  must, at a minimum, seek input from the district’s
  562  instructional, curriculum, and information technology staff to
  563  develop the district digital classrooms plan. The district’s
  564  plan must be within the general parameters established in the
  565  Florida digital classrooms plan pursuant to s. 1001.20. In
  566  addition, if the district participates in federal technology
  567  initiatives and grant programs, the district digital classrooms
  568  plan must include a plan for meeting requirements of such
  569  initiatives and grant programs. Funds allocated under this
  570  subsection must be used to support implementation of district
  571  digital classrooms plans. By October 1, 2014, and by March 1 of
  572  each year thereafter, on a date determined by the department,
  573  each district school board shall submit to the department, in a
  574  format prescribed by the department, a digital classrooms plan.
  575  At a minimum, such plan must include, and be annually updated to
  576  reflect, the following:
  577         1. Measurable student performance outcomes. Outcomes
  578  related to student performance, including outcomes for students
  579  with disabilities, must be tied to the efforts and strategies to
  580  improve outcomes related to student performance by integrating
  581  technology in classroom teaching and learning. Results of the
  582  outcomes shall be reported at least annually for the current
  583  school year and subsequent 3 years and be accompanied by an
  584  independent evaluation and validation of the reported results.
  585         2. Digital learning and technology infrastructure purchases
  586  and operational activities. Such purchases and activities must
  587  be tied to the measurable outcomes under subparagraph 1.,
  588  including, but not limited to, connectivity, broadband access,
  589  wireless capacity, Internet speed, and data security, all of
  590  which must meet or exceed minimum requirements and protocols
  591  established by the department. For each year that the district
  592  uses funds for infrastructure, a third-party, independent
  593  evaluation of the district’s technology inventory and
  594  infrastructure needs must accompany the district’s plan.
  595         3. Professional development purchases and operational
  596  activities. Such purchases and activities must be tied to the
  597  measurable outcomes under subparagraph 1., including, but not
  598  limited to, using technology in the classroom and improving
  599  digital literacy and competency.
  600         4. Digital tool purchases and operational activities. Such
  601  purchases and activities must be tied to the measurable outcomes
  602  under subparagraph 1., including, but not limited to,
  603  competency-based credentials that measure and demonstrate
  604  digital competency and certifications; third-party assessments
  605  that demonstrate acquired knowledge and use of digital
  606  applications; and devices that meet or exceed minimum
  607  requirements and protocols established by the department.
  608  5. Online assessment-related purchases and operational
  609  activities. Such purchases and activities must be tied to the
  610  measurable outcomes under subparagraph 1., including, but not
  611  limited to, expanding the capacity to administer assessments and
  612  compatibility with minimum assessment protocols and requirements
  613  established by the department. If the administration of online
  614  assessments after January 1, 2015, does not comply with the
  615  minimum assessment protocols and requirements established by the
  616  department, the department shall contract with an independent,
  617  auditing entity that has expertise in the area of the
  618  noncompliance to evaluate the extent of the noncompliance and
  619  provide recommendations to remediate the noncompliance in future
  620  administrations of online assessments.
  621         Section 8. Paragraphs (b) and (c) of subsection (1),
  622  paragraphs (a), (b), and (c) of subsection (3), and subsections
  623  (6), (7), (8), and (10) of section 1012.34, Florida Statutes,
  624  are amended to read:
  625         1012.34 Personnel evaluation procedures and criteria.—
  626         (1) EVALUATION SYSTEM APPROVAL AND REPORTING.—
  627         (b) The department must approve each school district’s
  628  instructional personnel and school administrator evaluation
  629  systems. The department shall monitor each district’s
  630  implementation of its instructional personnel and school
  631  administrator evaluation systems for compliance with the
  632  requirements of this section and s. 1012.3401.
  633         (c) Annually, by December 1, the Commissioner of Education
  634  shall report to the Governor, the President of the Senate, and
  635  the Speaker of the House of Representatives the approval and
  636  implementation status of each school district’s instructional
  637  personnel and school administrator evaluation systems. The
  638  report shall include:
  639         1. Performance evaluation results for the prior school year
  640  for instructional personnel and school administrators using the
  641  four levels of performance specified in paragraph (2)(e). The
  642  performance evaluation results for instructional personnel shall
  643  be disaggregated by classroom teachers, as defined in s.
  644  1012.01(2)(a), excluding substitute teachers, and all other
  645  instructional personnel, as defined in s. 1012.01(2)(b)–(d).
  646         2. An analysis that compares performance evaluation results
  647  calculated by each school district to indicators of performance
  648  calculated by the department using the standards for performance
  649  levels adopted by the state board under subsection (8).
  650         3.The commissioner shall include in the report Each
  651  district’s performance-level standards established under
  652  subsection (7)., a comparative analysis of the district’s
  653  student academic performance results and evaluation results,
  654         4. Data reported under s. 1012.341, and the status of any
  655  evaluation system revisions requested by a school district
  656  pursuant to subsection (6).
  657         (3) EVALUATION PROCEDURES AND CRITERIA.—Instructional
  658  personnel and school administrator performance evaluations must
  659  be based upon the performance of students assigned to their
  660  classrooms or schools, as provided in this section. Pursuant to
  661  this section, a school district’s performance evaluation is not
  662  limited to basing unsatisfactory performance of instructional
  663  personnel and school administrators solely upon student
  664  performance, but may include other criteria approved to evaluate
  665  instructional personnel and school administrators’ performance,
  666  or any combination of student performance and other approved
  667  criteria. Evaluation procedures and criteria must comply with,
  668  but are not limited to, the following:
  669         (a) A performance evaluation must be conducted for each
  670  employee at least once a year, except that a classroom teacher,
  671  as defined in s. 1012.01(2)(a), excluding substitute teachers,
  672  who is newly hired by the district school board must be observed
  673  and evaluated at least twice in the first year of teaching in
  674  the school district. The performance evaluation must be based
  675  upon sound educational principles and contemporary research in
  676  effective educational practices. The evaluation criteria must
  677  include:
  678         1. Performance of students.—At least 33 50 percent of a
  679  performance evaluation must be based upon data and indicators of
  680  student performance in accordance with subsection (7) learning
  681  growth assessed annually by statewide assessments or, for
  682  subjects and grade levels not measured by statewide assessments,
  683  by school district assessments as provided in s. 1008.22(6).
  684  Each school district must use the formula adopted pursuant to
  685  paragraph (7)(a) for measuring student learning growth in all
  686  courses associated with statewide assessments and must select an
  687  equally appropriate formula for measuring student learning
  688  growth for all other grades and subjects, except as otherwise
  689  provided in subsection (7).
  690         a. For classroom teachers, as defined in s. 1012.01(2)(a),
  691  excluding substitute teachers, the student learning growth This
  692  portion of the evaluation must include growth or achievement
  693  data of the teacher’s students or, for a school administrator,
  694  the students attending the school for students assigned to the
  695  teacher over the course of at least 3 years. If less than 3
  696  years of data are available, the years for which data are
  697  available must be used. The proportion of growth or achievement
  698  data may be determined by instructional assignment and the
  699  percentage of the evaluation based upon student learning growth
  700  may be reduced to not less than 40 percent.
  701         b. For instructional personnel who are not classroom
  702  teachers, the student learning growth portion of the evaluation
  703  must include growth data on statewide assessments for students
  704  assigned to the instructional personnel over the course of at
  705  least 3 years, or may include a combination of student learning
  706  growth data and other measurable student outcomes that are
  707  specific to the assigned position, provided that the student
  708  learning growth data accounts for not less than 30 percent of
  709  the evaluation. If less than 3 years of student growth data are
  710  available, the years for which data are available must be used
  711  and the percentage of the evaluation based upon student learning
  712  growth may be reduced to not less than 20 percent.
  713         c. For school administrators, the student learning growth
  714  portion of the evaluation must include growth data for students
  715  assigned to the school over the course of at least 3 years. If
  716  less than 3 years of data are available, the years for which
  717  data are available must be used and the percentage of the
  718  evaluation based upon student learning growth may be reduced to
  719  not less than 40 percent.
  720         2. Instructional practice.—For instructional personnel, at
  721  least 33 percent of the performance evaluation must be based
  722  upon instructional practice. Evaluation criteria used when
  723  annually observing classroom teachers, as defined in s.
  724  1012.01(2)(a), excluding substitute teachers, must include
  725  indicators based upon each of the Florida Educator Accomplished
  726  Practices adopted by the State Board of Education. Observations
  727  must be used by administrative personnel to evaluate the
  728  performance of classroom teachers. For instructional personnel
  729  who are not classroom teachers, evaluation criteria must be
  730  based upon indicators of the Florida Educator Accomplished
  731  Practices and may include specific job expectations related to
  732  student support.
  733         3. Instructional leadership.—For school administrators, at
  734  least 30 percent of the performance evaluation must be based on
  735  instructional leadership. Evaluation criteria for instructional
  736  leadership must include indicators based upon each of the
  737  leadership standards adopted by the State Board of Education
  738  under s. 1012.986, including performance measures related to the
  739  effectiveness of classroom teachers in the school, the
  740  administrator’s appropriate use of evaluation criteria and
  741  procedures, recruitment and retention of effective and highly
  742  effective classroom teachers, improvement in the percentage of
  743  instructional personnel evaluated at the highly effective or
  744  effective level, and other leadership practices that result in
  745  student learning growth. The system may include a means to give
  746  parents and instructional personnel an opportunity to provide
  747  input into the administrator’s performance evaluation.
  748         4. Other indicators of performance Professional and job
  749  responsibilities.—For instructional personnel and school
  750  administrators, no more than 33 percent of a performance
  751  evaluation may include, but not be limited to, other
  752  professional and job responsibilities must be included as
  753  recommended adopted by the State Board of Education or
  754  identified by the district school board and, for instructional
  755  personnel, peer reviews, objectively reliable survey information
  756  from students and parents based on teaching practices that are
  757  consistently associated with higher student achievement, and
  758  other valid and reliable measures of instructional practice. The
  759  district school board may identify additional professional and
  760  job responsibilities.
  761         (b) All personnel must be fully informed of the criteria,
  762  data sources, methodologies and procedures associated with the
  763  evaluation process before the evaluation takes place.
  764         (c) The individual responsible for supervising the employee
  765  must evaluate the employee’s performance. The evaluation system
  766  may provide for the evaluator to consider input from other
  767  personnel trained under subsection (2) paragraph (2)(f). The
  768  evaluator must submit a written report of the evaluation to the
  769  district school superintendent for the purpose of reviewing the
  770  employee’s contract. The evaluator must submit the written
  771  report to the employee no later than 10 days after the
  772  evaluation takes place. The evaluator must discuss the written
  773  evaluation report with the employee. The employee shall have the
  774  right to initiate a written response to the evaluation, and the
  775  response shall become a permanent attachment to his or her
  776  personnel file.
  777         (6) ANNUAL REVIEW OF AND REVISIONS TO THE SCHOOL DISTRICT
  778  EVALUATION SYSTEMS.—The district school board shall establish a
  779  procedure for annually reviewing instructional personnel and
  780  school administrator evaluation systems to determine compliance
  781  with this section and s. 1012.3401. All substantial revisions to
  782  an approved system must be reviewed and approved by the district
  783  school board before being used to evaluate instructional
  784  personnel or school administrators. Upon request by a school
  785  district, the department shall provide assistance in developing,
  786  improving, or reviewing an evaluation system.
  787         (7) MEASUREMENT OF STUDENT PERFORMANCE LEARNING GROWTH.—
  788         (a) The Commissioner of Education shall approve a formula
  789  to measure individual student learning growth on the statewide,
  790  standardized assessments in English Language Arts and
  791  mathematics administered under s. 1008.22. The formula must take
  792  into consideration each student’s prior academic performance.
  793  The formula must not set different expectations for student
  794  learning growth based upon a student’s gender, race, ethnicity,
  795  or socioeconomic status. In the development of the formula, the
  796  commissioner shall consider other factors such as a student’s
  797  attendance record, disability status, or status as an English
  798  language learner. The commissioner may shall select additional
  799  formulas to measure student performance as appropriate for the
  800  remainder of the statewide, standardized assessments included
  801  under s. 1008.22 and continue to select formulas as new
  802  assessments are implemented in the state system. After the
  803  commissioner approves the formula to measure individual student
  804  learning growth, the State Board of Education shall adopt these
  805  formulas in rule.
  806         (b) For courses associated with the statewide, standardized
  807  assessments under s. 1008.22, each school district shall measure
  808  student learning growth using the formulas approved by the
  809  commissioner under paragraph (a) and the standards for
  810  performance levels adopted by the state board under subsection
  811  (8) for courses associated with the statewide, standardized
  812  assessments administered under s. 1008.22 no later than the
  813  school year immediately following the year the formula is
  814  approved by the commissioner.
  815         (c) For grades and subjects not assessed by statewide,
  816  standardized assessments, but otherwise locally assessed
  817  pursuant to s. 1008.22(6)(c) as required under s. 1008.22(6),
  818  each school district shall measure student performance of
  819  students using a methodology determined by the district.
  820  However, a school district may not administer an additional,
  821  final cumulative local assessment for a course measured under a
  822  statewide, standardized end-of-course assessment. As provided in
  823  state board rule, course content is set forth in the state
  824  standards required under s. 1003.41 and in the course
  825  description for the course as provided in the course code
  826  directory.
  827         (d) School districts shall, for all educator performance
  828  evaluations and related student performance results:
  829         1. Determine the data sources, methodologies and
  830  proportions of student performance data used in each educator’s
  831  evaluation based on the educator’s school, classroom, or other
  832  instructional assignments; except that each school district must
  833  include data and student learning growth using the formulas
  834  approved by the commissioner pursuant to paragraph (a) and the
  835  standards for performance levels adopted by the state board
  836  pursuant to subsection (8).
  837         2. Provide that, for instructional personnel or school
  838  administrator to be eligible for salary adjustment under the
  839  performance salary schedule pursuant to s. 1012.22(1)(c)5.c.,
  840  the student performance component of the educator’s performance
  841  evaluation be based on a statewide, standardized assessment
  842  pursuant to s. 1008.22; a district-approved assessment; or a
  843  combination of both, as applicable to the educator’s
  844  assignments.
  845         3. Adopt, report, and provide to the public the district’s
  846  administration schedules for statewide assessments and local
  847  assessments in compliance with timelines and requirements
  848  established in s. 1008.22.
  849         4. Provide parents and teachers with student performance
  850  results on district-required assessments and the statewide,
  851  standardized assessments within the timeframe requirements
  852  established in s. 1008.22. The department shall provide models
  853  for measuring performance of students which school districts may
  854  adopt.
  855         (c) For a course that is not measured by a statewide,
  856  standardized assessment, a school district may request, through
  857  the evaluation system approval process, to use a student’s
  858  achievement level rather than student learning growth if
  859  achievement is demonstrated to be a more appropriate measure of
  860  classroom teacher performance. A school district may also
  861  request to use a combination of student learning growth and
  862  achievement, if appropriate.
  863         (d) For a course that is not measured by a statewide,
  864  standardized assessment, a school district may request, through
  865  the evaluation system approval process, that the performance
  866  evaluation for the classroom teacher assigned to that course
  867  include the learning growth of his or her students on one or
  868  more statewide, standardized assessments. The request must
  869  clearly explain the rationale supporting the request.
  870         (e) For purposes of this section and only for the 2014-2015
  871  school year, a school district may use measurable learning
  872  targets on local assessments administered under s. 1008.22(6) to
  873  evaluate the performance of students portion of a classroom
  874  teacher’s evaluation for courses that are not assessed by
  875  statewide, standardized assessments. Learning targets must be
  876  approved by the school principal. A district school
  877  superintendent may assign to instructional personnel in an
  878  instructional team the student learning growth of the
  879  instructional team’s students on statewide assessments. This
  880  paragraph expires July 1, 2015.
  881         (8) RULEMAKING.—No later than August 1, 2015, the State
  882  Board of Education shall adopt rules pursuant to ss. 120.536(1)
  883  and 120.54 which establish uniform procedures and the format for
  884  the submission, review, and approval of district evaluation
  885  systems and reporting requirements for the annual evaluation of
  886  instructional personnel and school administrators; specific,
  887  discrete standards for each performance level required under
  888  subsection (2), based on student learning growth models approved
  889  by the commissioner, to ensure clear and sufficient
  890  differentiation in the performance levels and to provide
  891  consistency in meaning across school districts; the measurement
  892  of student learning growth and associated implementation
  893  procedures required under subsection (7); and a process for
  894  monitoring school district implementation of evaluation systems
  895  in accordance with this section. Specifically, the rules shall
  896  establish student performance levels that if not met will result
  897  in the employee receiving an unsatisfactory performance
  898  evaluation rating. In like manner, the rules shall establish a
  899  student performance level that must be met in order for an
  900  employee to receive a highly effective rating and a student
  901  learning growth standard that must be met in order for an
  902  employee to receive an effective rating.
  903         (10) DISTRICT BONUS REWARDS FOR PERFORMANCE PAY BASED ON
  904  EVALUATION PROGRESS.—School districts are eligible for bonus
  905  rewards as provided for in the 2014 General Appropriations Act
  906  for making outstanding progress toward educator effectiveness,
  907  including implementation of instructional personnel salaries
  908  based on performance results under s. 1012.34 and the use of
  909  local assessment results in personnel evaluations when
  910  statewide, standardized assessments are not administered.
  911         Section 9. Section 1012.3401, Florida Statutes, is
  912  repealed.
  913         Section 10. School district contingency plan.
  914  Notwithstanding s. 1008.34(7), Florida Statutes, a school
  915  district may, by majority vote of the district school board,
  916  request approval from the State Board of Education to waive all
  917  requirements and benefits specified in ss. 1008.34(7), 1008.36,
  918  and 1003.621, Florida Statutes, and instead use results from
  919  student performance on the new statewide, standardized
  920  assessments administered in the 2014-2015 school year pursuant
  921  to s. 1008.22, Florida Statutes, for diagnostic and baseline
  922  purposes only.
  923         (1) A school district’s request must be submitted to the
  924  Commissioner of Education by the school district superintendent
  925  during the period from the last day of administration of
  926  statewide, standardized assessments through June 5, 2015, in
  927  accordance with the guidelines established by the commissioner.
  928  At a minimum, the request, must include identification of:
  929         (a) The scope of the request, to apply either to the school
  930  district or to a school or certain schools within the school
  931  district. The request must be made at a district or school
  932  level. The request may not be made at a grade level, a subject
  933  area level, or another level.
  934         (b) The reason for the request, including a description of
  935  the systemic or unique technical implementation failure.
  936  Quantifiable data substantiating the reason for such failure
  937  must accompany the request. A school district’s inability to
  938  assess the minimum percentage of students pursuant to ss.
  939  1008.34 and 1008.341, Florida Statutes, does not constitute a
  940  reasonable justification for requesting the waiver under this
  941  section.
  942         (c) The school district’s corrective action plan, which has
  943  been adopted by the district school board, and certification
  944  that the identified technical implementation failure must be
  945  resolved in time for successful administration of the statewide,
  946  standardized assessments during the 2015-2016 school year and
  947  each school year thereafter. The district must identify how the
  948  district plans to allocate resources and technical assistance
  949  that the district needs from the Department of Education to
  950  facilitate the district’s successful resolution of technical
  951  deficiencies.
  952         (d) The school district’s plan for using the diagnostic
  953  data to facilitate continuous improvement in student performance
  954  and the effectiveness of schools, instructional personnel, and
  955  school administrators; public reporting on the performance of
  956  students, schools, and the district; and informing parents about
  957  instruction associated with remediation and retention and
  958  options available to students including acceleration,
  959  graduation, and school choice. The district must also describe
  960  its plans for implementing student progression plans,
  961  performance evaluations of instructional personnel and school
  962  administrators, performance salary schedule requirements, and
  963  other uses as identified by the commissioner.
  964         (2) The commissioner shall review each request for a waiver
  965  and consult with the applicable school district superintendent.
  966  The commissioner shall make, and provide reasons for,
  967  recommendations to the State Board of Education regarding
  968  granting or denying a request for waiver. The state board may
  969  consider recommendations made by the commissioner to approve or
  970  deny school district requests. Notwithstanding any other
  971  provision of law, the commissioner’s recommendation to approve a
  972  request may, after consultation with the school district
  973  superintendent, include conditional requirements that must apply
  974  if approved by the state board. The decision of the state board,
  975  including any modifications adopted by the state board, is
  976  final.
  977         (3) For only the 2014-2015 school year, if a waiver is
  978  granted under this section:
  979         (a) A school or a school district may not receive a school
  980  grade, school improvement rating, or school district grade, as
  981  applicable.
  982         (b) A school may, at the school district’s discretion,
  983  choose to use new statewide, standardized assessment results in
  984  performance evaluations of instructional personnel and school
  985  administrators.
  986         (c) A school district shall continue to have its student
  987  performance results included in the statewide, standardized
  988  assessment results published by the department pursuant to s.
  989  1008.22, Florida Statutes.
  990         (d) A school shall forfeit eligibility to earn school
  991  recognition funds pursuant to s. 1008.36, Florida Statutes, as
  992  provided in the General Appropriations Act.
  993         (e) A school district shall forfeit the district’s
  994  eligibility to earn the designation and benefits associated with
  995  high performing school districts pursuant to s. 1003.621,
  996  Florida Statutes.
  997  
  998  This section expires July 1, 2016.
  999         Section 11. The Office of Program Policy Analysis and
 1000  Government Accountability (OPPAGA) shall conduct a year-long
 1001  study, beginning no later than August 1, 2015, to assess the
 1002  cost-effectiveness of the leasing of examination questions by
 1003  the Department of Education from the American Institute for
 1004  Research as compared with using questions from an existing
 1005  examination. No later than December 1, 2016, OPPAGA shall
 1006  provide a report summarizing the findings of the study to the
 1007  President of the Senate and the Speaker of the House of
 1008  Representatives.
 1009         Section 12. Paragraph (a) of subsection (5) of section
 1010  1003.4282, Florida Statutes, is amended to read:
 1011         1003.4282 Requirements for a standard high school diploma.—
 1012         (5) REMEDIATION FOR HIGH SCHOOL STUDENTS.—
 1013         (a) Each year a student scores Level 1 or Level 2 on the
 1014  statewide, standardized grade 9 or grade 10 Reading assessment
 1015  or, when implemented, the grade 9 or, grade 10, or grade 11 ELA
 1016  assessment, the student may, as an option to the student, enroll
 1017  must be enrolled in and complete an intensive remedial course
 1018  the following year or be placed in a content area course that
 1019  includes remediation of skills not acquired by the student.
 1020         Section 13. Paragraph (a) of subsection (1) of section
 1021  1003.4285, Florida Statutes, is amended to read:
 1022         1003.4285 Standard high school diploma designations.—
 1023         (1) Each standard high school diploma shall include, as
 1024  applicable, the following designations if the student meets the
 1025  criteria set forth for the designation:
 1026         (a) Scholar designation.—In addition to the requirements of
 1027  s. 1003.4282, in order to earn the Scholar designation, a
 1028  student must satisfy the following requirements:
 1029         1. English Language Arts (ELA).—Beginning with students
 1030  entering grade 9 in the 2014-2015 school year, pass the
 1031  statewide, standardized grade 11 ELA assessment.
 1032         2. Mathematics.—Earn one credit in Algebra II and one
 1033  credit in statistics or an equally rigorous course. Beginning
 1034  with students entering grade 9 in the 2014-2015 school year,
 1035  pass the Algebra II and Geometry statewide, standardized
 1036  assessments.
 1037         2.3. Science.—Pass the statewide, standardized Biology I
 1038  EOC assessment and earn one credit in chemistry or physics and
 1039  one credit in a course equally rigorous to chemistry or physics.
 1040  However, a student enrolled in an Advanced Placement (AP),
 1041  International Baccalaureate (IB), or Advanced International
 1042  Certificate of Education (AICE) Biology course who takes the
 1043  respective AP, IB, or AICE Biology assessment and earns the
 1044  minimum score necessary to earn college credit as identified
 1045  pursuant to s. 1007.27(2) meets the requirement of this
 1046  subparagraph without having to take the statewide, standardized
 1047  Biology I EOC assessment.
 1048         3.4. Social studies.—Pass the statewide, standardized
 1049  United States History EOC assessment. However, a student
 1050  enrolled in an AP, IB, or AICE course that includes United
 1051  States History topics who takes the respective AP, IB, or AICE
 1052  assessment and earns the minimum score necessary to earn college
 1053  credit as identified pursuant to s. 1007.27(2) meets the
 1054  requirement of this subparagraph without having to take the
 1055  statewide, standardized United States History EOC assessment.
 1056         4.5. Foreign language.—Earn two credits in the same foreign
 1057  language.
 1058         5.6. Electives.—Earn at least one credit in an Advanced
 1059  Placement, an International Baccalaureate, an Advanced
 1060  International Certificate of Education, or a dual enrollment
 1061  course.
 1062         Section 14. Paragraph (c) of subsection (1) of section
 1063  1012.22, Florida Statutes, is amended to read:
 1064         1012.22 Public school personnel; powers and duties of the
 1065  district school board.—The district school board shall:
 1066         (1) Designate positions to be filled, prescribe
 1067  qualifications for those positions, and provide for the
 1068  appointment, compensation, promotion, suspension, and dismissal
 1069  of employees as follows, subject to the requirements of this
 1070  chapter:
 1071         (c) Compensation and salary schedules.—
 1072         1. Definitions.—As used in this paragraph, the term:
 1073         a. “Adjustment” means an addition to the base salary
 1074  schedule that is not a bonus and becomes part of the employee’s
 1075  permanent base salary and shall be considered compensation under
 1076  s. 121.021(22).
 1077         b. “Grandfathered salary schedule” means the salary
 1078  schedule or schedules adopted by a district school board before
 1079  July 1, 2014, pursuant to subparagraph 4.
 1080         c. “Instructional personnel” means instructional personnel
 1081  as defined in s. 1012.01(2)(a)-(d), excluding substitute
 1082  teachers.
 1083         d. “Performance salary schedule” means the salary schedule
 1084  or schedules adopted by a district school board pursuant to
 1085  subparagraph 5.
 1086         e. “Salary schedule” means the schedule or schedules used
 1087  to provide the base salary for district school board personnel.
 1088         f. “School administrator” means a school administrator as
 1089  defined in s. 1012.01(3)(c).
 1090         g. “Supplement” means an annual addition to the base salary
 1091  for the term of the negotiated supplement as long as the
 1092  employee continues his or her employment for the purpose of the
 1093  supplement. A supplement does not become part of the employee’s
 1094  continuing base salary but shall be considered compensation
 1095  under s. 121.021(22).
 1096         2. Cost-of-living adjustment.—A district school board may
 1097  provide a cost-of-living salary adjustment if the adjustment:
 1098         a. Does not discriminate among comparable classes of
 1099  employees based upon the salary schedule under which they are
 1100  compensated.
 1101         b. Does not exceed 50 percent of the annual adjustment
 1102  provided to instructional personnel rated as effective.
 1103         3. Advanced degrees.—A district school board may not use
 1104  advanced degrees in setting a salary schedule for instructional
 1105  personnel or school administrators hired on or after July 1,
 1106  2011, unless the advanced degree is held in the individual’s
 1107  area of certification and is only a salary supplement.
 1108         4. Grandfathered salary schedule.—
 1109         a. The district school board shall adopt a salary schedule
 1110  or salary schedules to be used as the basis for paying all
 1111  school employees hired before July 1, 2014. Instructional
 1112  personnel on annual contract as of July 1, 2014, shall be placed
 1113  on the performance salary schedule adopted under subparagraph 5.
 1114  Instructional personnel on continuing contract or professional
 1115  service contract may opt into the performance salary schedule if
 1116  the employee relinquishes such contract and agrees to be
 1117  employed on an annual contract under s. 1012.335. Such an
 1118  employee shall be placed on the performance salary schedule and
 1119  may not return to continuing contract or professional service
 1120  contract status. Any employee who opts into the performance
 1121  salary schedule may not return to the grandfathered salary
 1122  schedule.
 1123         b. In determining the grandfathered salary schedule for
 1124  instructional personnel, a district school board must base a
 1125  portion of each employee’s compensation upon performance
 1126  demonstrated under s. 1012.34 and shall provide differentiated
 1127  pay for both instructional personnel and school administrators
 1128  based upon district-determined factors, including, but not
 1129  limited to, additional responsibilities, school demographics,
 1130  critical shortage areas, and level of job performance
 1131  difficulties.
 1132         5. Performance salary schedule.—By July 1, 2014, the
 1133  district school board shall adopt a performance salary schedule
 1134  that provides annual salary adjustments for instructional
 1135  personnel and school administrators based upon performance
 1136  determined under s. 1012.34. Employees hired on or after July 1,
 1137  2014, or employees who choose to move from the grandfathered
 1138  salary schedule to the performance salary schedule shall be
 1139  compensated pursuant to the performance salary schedule once
 1140  they have received the appropriate performance evaluation for
 1141  this purpose. However, a classroom teacher whose performance
 1142  evaluation uses utilizes student learning growth measures
 1143  established under s. 1012.34(7)(c)3. s. 1012.34(7)(e) shall
 1144  remain under the grandfathered salary schedule until his or her
 1145  teaching assignment changes to a subject for which there is a
 1146  statewide, standardized assessment or district-required local an
 1147  assessment or the school district establishes equally
 1148  appropriate measures of student learning growth as defined under
 1149  s. 1012.34 and rules of the State Board of Education.
 1150         a. Base salary.—The base salary shall be established as
 1151  follows:
 1152         (I) The base salary for instructional personnel or school
 1153  administrators who opt into the performance salary schedule
 1154  shall be the salary paid in the prior year, including
 1155  adjustments only.
 1156         (II) Beginning July 1, 2014, instructional personnel or
 1157  school administrators new to the district, returning to the
 1158  district after a break in service without an authorized leave of
 1159  absence, or appointed for the first time to a position in the
 1160  district in the capacity of instructional personnel or school
 1161  administrator shall be placed on the performance salary
 1162  schedule.
 1163         b. Salary adjustments.—Salary adjustments for highly
 1164  effective or effective performance shall be established as
 1165  follows:
 1166         (I) The annual salary adjustment under the performance
 1167  salary schedule for an employee rated as highly effective must
 1168  be greater than the highest annual salary adjustment available
 1169  to an employee of the same classification through any other
 1170  salary schedule adopted by the district.
 1171         (II) The annual salary adjustment under the performance
 1172  salary schedule for an employee rated as effective must be equal
 1173  to at least 50 percent and no more than 75 percent of the annual
 1174  adjustment provided for a highly effective employee of the same
 1175  classification.
 1176         (III) The performance salary schedule shall not provide an
 1177  annual salary adjustment for an employee who receives a rating
 1178  other than highly effective or effective for the year.
 1179         c. Salary supplements.—In addition to the salary
 1180  adjustments, each district school board shall provide for salary
 1181  supplements for activities that must include, but are not
 1182  limited to:
 1183         (I) Assignment to a Title I eligible school.
 1184         (II) Assignment to a school that earned a grade of “F” or
 1185  three consecutive grades of “D” pursuant to s. 1008.34 such that
 1186  the supplement remains in force for at least 1 year following
 1187  improved performance in that school.
 1188         (III) Certification and teaching in critical teacher
 1189  shortage areas. Statewide critical teacher shortage areas shall
 1190  be identified by the State Board of Education under s. 1012.07.
 1191  However, the district school board may identify other areas of
 1192  critical shortage within the school district for purposes of
 1193  this sub-sub-subparagraph and may remove areas identified by the
 1194  state board which do not apply within the school district.
 1195         (IV) Assignment of additional academic responsibilities.
 1196  
 1197  If budget constraints in any given year limit a district school
 1198  board’s ability to fully fund all adopted salary schedules, the
 1199  performance salary schedule may shall not be reduced on the
 1200  basis of total cost or the value of individual awards in a
 1201  manner that is proportionally greater than reductions to any
 1202  other salary schedules adopted by the district.
 1203         Section 15. This act shall take effect upon becoming a law.