Florida Senate - 2016 SB 1068
By Senator Legg
1 A bill to be entitled
2 An act relating to education; amending s. 1001.215,
3 F.S.; revising the duties of the Just Read, Florida!
4 Office; amending s. 1001.42, F.S.; revising
5 requirements for school improvement plans and early
6 warning systems; authorizing a school-based team to
7 include a psychologist; amending s. 1002.20, F.S.;
8 revising requirements for notifying a parent of a
9 student with a substantial reading deficiency;
10 amending s. 1002.59, F.S.; revising the emergent
11 literacy and performance standards training course
12 requirements; amending s. 1002.67, F.S.; requiring the
13 Office of Early Learning, rather than the State Board
14 of Education, to approve specific Voluntary
15 Prekindergarten Education Program assessments and
16 establish requirements for individuals administering
17 the assessments; requiring certain prekindergarten
18 students to receive specific reading instruction;
19 amending s. 1002.69, F.S.; conforming provisions to
20 changes made by the act; requiring data from the
21 statewide kindergarten screening to be used to
22 identify certain students; amending s. 1004.04, F.S.;
23 revising core curricula requirements for certain
24 teacher preparation programs to include certain
25 reading instruction and interventions; amending s.
26 1004.85, F.S.; requiring certain educator preparation
27 institutes to provide evidence of specified reading
28 instruction as a condition of program approval;
29 amending s. 1008.25, F.S.; revising the priority of
30 the remedial and supplemental instruction resources
31 allocations; revising the required plans for certain
32 students deficient in reading; revising criteria and
33 requiring the State Board of Education to identify
34 guidelines for determining whether certain students
35 have a substantial deficiency in reading; revising the
36 parental notification requirements for students with a
37 substantial deficiency in reading; requiring a school
38 to provide updates to parents of students who receive
39 certain services; requiring the Department of
40 Education to develop a handbook containing specific
41 information for parents of students with a substantial
42 reading deficiency; requiring schools to provide
43 certain instruction and intervention to students who
44 received a good cause exemption from retention;
45 revising grounds for such good cause exemption;
46 revising intervention requirements for certain
47 retained students; revising requirements relating to
48 the intensive interventions for retained students in
49 certain grades; revising a school district’s duties;
50 revising student progress evaluation requirements;
51 amending s. 1008.345, F.S.; revising reporting
52 requirements of the Commissioner of Education relating
53 to the state system of school improvement and
54 education accountability; amending s. 1011.67, F.S.;
55 revising the contents of a comprehensive staff
56 development plan required for each school district;
57 requiring certain information to be included in a
58 certification provided by each district school
59 superintendent to the commissioner; creating s.
60 1012.567, F.S.; requiring candidates for an educator
61 certificate in certain areas to demonstrate competence
62 in specified areas; requiring the State Board of
63 Education to adopt by rule certain requirements;
64 providing that a teacher certification from another
65 state does not meet competency requirements; requiring
66 the state board to identify teacher certification
67 areas in which candidates must demonstrate competence;
68 requiring certain teacher preparation courses to
69 provide specific instruction in order to receive
70 approval; providing requirements for an endorsement in
71 reading instruction; providing for review of
72 specialization and coverage area requirements for
73 certain education area certifications by a specified
74 date; providing for rulemaking; amending s. 1012.585,
75 F.S.; revising requirements for renewal of
76 professional teaching certificates; amending s.
77 1012.586, F.S.; authorizing the department to
78 recommend consolidation of endorsement areas and
79 requirements for endorsements for teacher
80 certificates; amending s. 1012.98, F.S.; revising
81 duties and requirements for implementation of the
82 School Community Professional Development Act;
83 providing an effective date.
85 Be It Enacted by the Legislature of the State of Florida:
87 Section 1. Section 1001.215, Florida Statutes, is amended
88 to read:
89 1001.215 Just Read, Florida! Office.—There is created in
90 the Department of Education the Just Read, Florida! Office. The
91 office is
shall be fully accountable to the Commissioner of
92 Education and shall:
93 (1) Train highly effective reading coaches.
94 (2) Create multiple designations of effective reading
95 instruction, with accompanying credentials, to enable which
96 encourage all teachers to integrate reading instruction into
97 their content areas.
98 (3) Provide training to Train K-12 teachers, reading
99 coaches, and school principals on effective content-area
100 specific reading strategies; the integration of content-rich,
101 nonfiction texts from other core subject areas into reading
102 instruction; and explicit, systematic, and multisensory
103 approaches to reading instruction that are proven to improve the
104 reading performance of all students. For secondary teachers,
105 emphasis shall be on technical text. These strategies must be
106 developed for all content areas in the K-12 curriculum.
107 (4) Provide parents with information and strategies for
108 assisting their children in reading, including reading in the
109 content areas area.
110 (5) Provide technical assistance to school districts in the
111 development and implementation of district plans for use of the
112 research-based reading instruction allocation provided in s.
113 1011.62(9) and annually review and approve such plans.
114 (6) Review, evaluate, and provide technical assistance to
115 school districts’ implementation of the K-12 comprehensive
116 reading plan required in s. 1011.62(9).
117 (7) Work with the Florida Center for Reading Research to
118 identify effective research-based and evidence-based reading
119 instructional and intervention provide information on research
120 based reading programs and effective reading in the content area
121 strategies. Reading intervention strategies are evidence-based
122 strategies frequently used to remediate reading deficiencies and
123 include individual instruction, tutoring, or mentoring that
124 targets specific reading skills and abilities.
125 (8) Periodically review the Next Generation Sunshine State
126 Standards for English Language Arts to determine their
127 appropriateness at each grade level reading at all grade levels.
128 (9) Periodically review teacher certification requirements
129 and examinations, including alternative certification
130 requirements and examinations exams, to ascertain whether the
131 examinations measure the skills needed for evidence-based
132 research-based reading instruction and instructional strategies
133 for teaching reading, including reading in the content areas.
134 (10) Work with teacher preparation programs approved
135 pursuant to ss. 1004.04 and 1004.85 s. 1004.04 to integrate
136 effective research-based and evidence-based reading
137 instructional and intervention strategies; and reading in the
138 content area instructional strategies; and explicit, systematic,
139 and multisensory reading instructional strategies into teacher
140 preparation programs.
141 (11) Post on its website a list of core reading materials
142 and supplemental intervention reading materials for kindergarten
143 through grade 5 that meet, at a minimum, all of the following
145 (a) Use of an explicit, systematic, sequential, and
146 multisensory approach to teaching phonemic awareness, phonics,
147 vocabulary, fluency, and text comprehension.
148 (b) Incorporation of cooperative learning strategies.
149 (c) Incorporation of one-to-one or small group
150 instructional strategies.
151 (d) Incorporation of decodable or phonetic text
152 instructional strategies.
153 (e) Provision of teacher training on well-specified
154 teaching methods and instructional processes designed to
155 implement the materials.
156 (12) (11) Administer grants and perform other functions as
157 necessary to help meet the goal that all students read at their
158 highest potential grade level.
159 Section 2. Paragraphs (a) and (b) of subsection (18) of
160 section 1001.42, Florida Statutes, are amended to read:
161 1001.42 Powers and duties of district school board.—The
162 district school board, acting as a board, shall exercise all
163 powers and perform all duties listed below:
164 (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.
165 Maintain a system of school improvement and education
166 accountability as provided by statute and State Board of
167 Education rule. This system of school improvement and education
168 accountability shall be consistent with, and implemented
169 through, the district’s continuing system of planning and
170 budgeting required by this section and ss. 1008.385, 1010.01,
171 and 1011.01. This system of school improvement and education
172 accountability shall comply with the provisions of ss. 1008.33,
173 1008.34, 1008.345, and 1008.385 and include the following:
174 (a) School improvement plans.—
175 1. The district school board shall annually approve and
176 require implementation of a new, amended, or continuation school
177 improvement plan for each school in the district. If a school
178 has a significant gap in achievement on statewide, standardized
179 assessments administered pursuant to s. 1008.22 by one or more
180 student subgroups, as defined in the federal Elementary and
181 Secondary Education Act (ESEA), 20 U.S.C. s.
182 6311(b)(2)(C)(v)(II); has not significantly increased the
183 percentage of students passing statewide, standardized
184 assessments; has not significantly increased the percentage of
185 students demonstrating Learning Gains, as defined in s. 1008.34
186 and as calculated under s. 1008.34(3)(b), who passed statewide,
187 standardized assessments; or has significantly lower graduation
188 rates for a subgroup when compared to the state’s graduation
189 rate, that school’s improvement plan shall include strategies
190 for improving these results. The state board shall adopt rules
191 establishing thresholds and for determining compliance with this
193 2. A school that serves any students in kindergarten
194 through grade includes any of grades 6, 7, or 8 shall include
195 annually in its school improvement plan information and data on
196 the school’s early warning system required under paragraph (b),
197 including a list of the early warning indicators used in the
198 system, the number of students identified by the system as
199 exhibiting two or more early warning indicators, the number of
200 students by grade level that exhibit each early warning
201 indicator, and a description of all intervention strategies
202 employed by the school to improve the academic performance of
203 students identified by the early warning system. The plan must
204 also In addition, a school that includes any of grades 6, 7, or
205 8 shall describe in its school improvement plan the strategies
206 used by the school to implement and evaluate the instructional
207 practices for middle grades emphasized by the district’s
208 professional development system pursuant to s. 1012.98(4)(b)9.
209 and 10.
210 (b) Early warning system.—
211 1. A school that serves any students in kindergarten
212 through grade includes any of grades 6, 7, or 8 shall implement
213 an early warning system to identify students in these grades 6,
214 7, and 8 who need additional support to improve academic
215 performance and stay engaged in school. The early warning system
216 must include the following early warning indicators:
217 a. Attendance below 90 percent, regardless of whether
218 absence is excused or a result of out-of-school suspension.
219 b. One or more suspensions, whether in school or out of
221 c. Course failure in English Language Arts or mathematics
222 during any grading period.
223 d. A Level 1 score on the statewide, standardized
224 assessments in English Language Arts or mathematics or, for
225 students in kindergarten through grade 3, a substantial reading
226 deficiency as provided in s. 1008.25(5)(a).
228 A school district may identify additional early warning
229 indicators for use in a school’s early warning system.
230 2. A school-based team responsible for implementing the
231 requirements of this paragraph shall monitor the data from the
232 early warning system in subparagraph (a)2. The team may include
233 a school psychologist. When a student exhibits two or more early
234 warning indicators, the team shall school’s child study team
235 under s. 1003.02 or a school-based team formed for the purpose
236 of implementing the requirements of this paragraph shall convene
237 to determine, in consultation with the student’s parent,
238 appropriate intervention strategies for the student unless the
239 student is already being served by an intervention program at
240 the direction of a school-based, multidisciplinary team. Data
241 and information relating to a student’s early warning indicators
242 must be used to inform any intervention strategies provided to
243 the student The school shall provide at least 10 days’ written
244 notice of the meeting to the student’s parent, indicating the
245 meeting’s purpose, time, and location, and provide the parent
246 the opportunity to participate.
247 Section 3. Subsection (11) of section 1002.20, Florida
248 Statutes, is amended to read:
249 1002.20 K-12 student and parent rights.—Parents of public
250 school students must receive accurate and timely information
251 regarding their child’s academic progress and must be informed
252 of ways they can help their child to succeed in school. K-12
253 students and their parents are afforded numerous statutory
254 rights including, but not limited to, the following:
255 (11) STUDENTS WITH READING DEFICIENCIES.—The parent of any
256 K-3 student who exhibits a substantial reading deficiency shall
257 be immediately notified of the student’s deficiency pursuant to
258 s. 1008.25(5) and with a description and explanation, in terms
259 understandable to the parent, of the exact nature of the
260 student’s difficulty in learning and lack of achievement in
261 reading; shall be consulted in the development of a plan, as
262 described in s. 1008.25(4)(b) ; and shall be informed that the
263 student will be given intensive reading instruction until the
264 deficiency is corrected. This subsection operates in addition to
265 the remediation and notification provisions contained in s.
266 1008.25 and in no way reduces the rights of a parent or the
267 responsibilities of a school district under that section.
268 Section 4. Subsection (1) of section 1002.59, Florida
269 Statutes, is amended to read:
270 1002.59 Emergent literacy and performance standards
271 training courses.—
272 (1) The office shall adopt minimum standards for one or
273 more training courses in emergent literacy for prekindergarten
274 instructors. Each course must comprise 5 clock hours and provide
275 instruction in explicit, systematic, and multisensory
276 instruction strategies and techniques to address the age
277 appropriate progress of prekindergarten students in developing
278 emergent literacy skills, including oral communication,
279 knowledge of print and letters, phonemic and phonological
280 awareness, and vocabulary and comprehension development. Each
281 course must address early identification of and intervention for
282 students experiencing difficulties with emergent literacy skills
283 and also provide resources containing strategies that allow
284 students with disabilities and other special needs to derive
285 maximum benefit from the Voluntary Prekindergarten Education
286 Program. Successful completion of an emergent literacy training
287 course approved under this section satisfies requirements for
288 approved training in early literacy and language development
289 under ss. 402.305(2)(d)5., 402.313(6), and 402.3131(5).
290 Section 5. Paragraphs (a) and (c) of subsection (3) of
291 section 1002.67, Florida Statutes, are amended, and paragraph
292 (d) is added to that subsection, to read:
293 1002.67 Performance standards; curricula and
295 (3)(a) Contingent upon legislative appropriation, each
296 private prekindergarten provider and public school in the
297 Voluntary Prekindergarten Education Program must implement an
298 evidence-based pre- and post-assessment that has been approved
299 by the office rule of the State Board of Education.
300 (c) The pre- and post-assessment must be administered by
301 individuals meeting requirements established by the office rule
302 of the State Board of Education.
303 (d) Students who exhibit a deficiency in emergent literacy
304 skills, including oral communication, knowledge of print and
305 letters, phonemic and phonological awareness, and vocabulary and
306 comprehension development, must be provided intensive, explicit,
307 and systematic instruction.
308 Section 6. Subsections (1) and (2) of section 1002.69,
309 Florida Statutes, are amended to read:
310 1002.69 Statewide kindergarten screening; kindergarten
311 readiness rates; state-approved prekindergarten enrollment
312 screening; good cause exemption.—
313 (1) The department shall adopt a statewide kindergarten
314 screening that assesses the readiness of each student for
315 kindergarten based upon the performance standards adopted by the
316 office department under s. 1002.67(1) for the Voluntary
317 Prekindergarten Education Program. The department shall require
318 that each school district administer the statewide kindergarten
319 screening to each kindergarten student in the school district
320 within the first 30 school days of each school year. Nonpublic
321 schools may administer the statewide kindergarten screening to
322 each kindergarten student in a nonpublic school who was enrolled
323 in the Voluntary Prekindergarten Education Program.
324 (2) The statewide kindergarten screening shall provide
325 objective data concerning each student’s readiness for
326 kindergarten and progress in attaining the performance standards
327 adopted by the office under s. 1002.67(1). Data from the
328 screening, along with other available data, must be used to
329 identify students in need of intervention and support pursuant
330 to s. 1008.25(5).
331 Section 7. Paragraphs (b) and (c) of subsection (2) of
332 section 1004.04, Florida Statutes, are amended to read:
333 1004.04 Public accountability and state approval for
334 teacher preparation programs.—
335 (2) UNIFORM CORE CURRICULA AND CANDIDATE ASSESSMENT.—
336 (b) The rules to establish uniform core curricula for each
337 state-approved teacher preparation program must include, but are
338 not limited to, the following:
339 1. The Florida Educator Accomplished Practices.
340 2. The state-adopted content standards.
341 3. Scientifically researched reading instruction, including
342 explicit, systematic, and multisensory approaches to reading
343 instruction and intervention that are proven to improve reading
344 performance for all students.
345 4. Content literacy and mathematics practices.
346 5. Strategies appropriate for the instruction of English
347 language learners.
348 6. Strategies appropriate for the instruction of students
349 with disabilities.
350 7. School safety.
351 (c) Each candidate must receive instruction and be assessed
352 on the uniform core curricula in the candidate’s area or areas
353 of program concentration, including reading instruction under s.
354 1012.567, as applicable, during course work and field
356 Section 8. Paragraphs (a) and (b) of subsection (3) of
357 section 1004.85, Florida Statutes, are amended to read:
358 1004.85 Postsecondary educator preparation institutes.—
359 (3) Educator preparation institutes approved pursuant to
360 this section may offer competency-based certification programs
361 specifically designed for noneducation major baccalaureate
362 degree holders to enable program participants to meet the
363 educator certification requirements of s. 1012.56. An educator
364 preparation institute choosing to offer a competency-based
365 certification program pursuant to the provisions of this section
366 must implement a program previously approved by the Department
367 of Education for this purpose or a program developed by the
368 institute and approved by the department for this purpose.
369 Approved programs shall be available for use by other approved
370 educator preparation institutes.
371 (a) Within 90 days after receipt of a request for approval,
372 the Department of Education shall approve a preparation program
373 pursuant to the requirements of this subsection or issue a
374 statement of the deficiencies in the request for approval. The
375 department shall approve a certification program if the
376 institute provides evidence of the institute’s capacity to
377 implement a competency-based program that includes each of the
379 1.a. Participant instruction and assessment in the Florida
380 Educator Accomplished Practices.
381 b. The state-adopted student content standards.
382 c. Scientifically researched reading instruction, including
383 explicit, systematic, and multisensory approaches to reading
384 instruction and intervention that are proven to improve reading
385 performance for all students.
386 d. Content literacy and mathematical practices.
387 e. Strategies appropriate for instruction of English
388 language learners.
389 f. Strategies appropriate for instruction of students with
391 g. School safety.
392 2. An educational plan for each participant to meet
393 certification requirements and demonstrate his or her ability to
394 teach the subject area for which the participant is seeking
395 certification, which is based on an assessment of his or her
396 competency in the areas listed in subparagraph 1.
397 3. Field experiences appropriate to the certification
398 subject area specified in the educational plan with a diverse
399 population of students in a variety of settings under the
400 supervision of qualified educators.
401 4. A certification ombudsman to facilitate the process and
402 procedures required for participants who complete the program to
403 meet any requirements related to the background screening
404 pursuant to s. 1012.32 and educator professional or temporary
405 certification pursuant to s. 1012.56.
406 (b) Each program participant must:
407 1. Meet certification requirements pursuant to s.
408 1012.56(1) by obtaining a statement of status of eligibility in
409 the certification subject area of the educational plan and meet
410 the requirements of s. 1012.56(2)(a)-(f).
411 2. Participate in coursework and field experiences that are
412 appropriate to his or her educational plan prepared under
413 paragraph (a), including reading instruction under s. 1012.567,
414 as applicable.
415 3. Before completion of the program, fully demonstrate his
416 or her ability to teach the subject area for which he or she is
417 seeking certification by documenting a positive impact on
418 student learning growth in a prekindergarten through grade 12
419 setting and achieving a passing score on the professional
420 education competency examination, the basic skills examination,
421 and the subject area examination for the subject area
422 certification which is required by state board rule.
423 Section 9. Subsection (3), paragraph (b) of subsection (4),
424 and paragraphs (a) and (c) of subsection (5) of section 1008.25,
425 Florida Statutes, are amended, paragraph (d) is added to
426 subsection (5) of that section, and paragraph (b) of subsection
427 (6), subsection (7), and paragraph (a) of subsection (8) of that
428 section are amended, to read:
429 1008.25 Public school student progression; student support;
430 reporting requirements.—
431 (3) ALLOCATION OF RESOURCES.—District school boards shall
432 allocate remedial and supplemental instruction resources to
433 students in the following priority:
434 (a) Students in kindergarten through grade 3 who have a
435 substantial deficiency are deficient in reading as determined in
436 paragraph (5)(a) by the end of grade 3.
437 (b) Students who fail to meet performance levels required
438 for promotion consistent with the district school board’s plan
439 for student progression required in subsection (2) paragraph
441 (4) ASSESSMENT AND SUPPORT.—
442 (b) A student who has a substantial reading deficiency as
443 determined in paragraph (5)(a) or is not meeting the school
444 district or state requirements for satisfactory performance in
445 English Language Arts and mathematics must be covered by one of
446 the following plans:
447 1. a federally required student plan, such as an individual
448 education plan, ;
449 2. A schoolwide system of progress monitoring for all
450 students, except a student who scores Level 4 or above on the
451 English Language Arts and mathematics assessments may be
452 exempted from participation by the principal; or
453 3. an individualized progress monitoring plan, or both, as
455 (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
456 (a) Any student in kindergarten through grade 3 who
457 exhibits a substantial deficiency in reading , based upon
458 screening, diagnostic, progress monitoring, or assessment data;
459 locally determined or statewide assessments; conducted in
460 kindergarten or grade 1, grade 2, or grade 3, or through teacher
461 observations , must be provided given intensive, explicit,
462 systematic, and multisensory reading interventions instruction
463 immediately following the identification of the reading
464 deficiency. A school may not wait for a student to receive a
465 failing grade at the end of a grading period to identify the
466 student as having a substantial reading deficiency and initiate
467 intensive reading interventions. The student’s reading
468 proficiency must be monitored and the intensive interventions
469 instruction must continue until the student demonstrates grade
470 level proficiency in a manner determined by the district, which
471 may include achieving a Level 3 on the statewide, standardized
472 English Language Arts assessment. The State Board of Education
473 shall identify by rule guidelines for determining whether a
474 student in kindergarten through grade 3 has a substantial
475 deficiency in reading.
476 (c) The parent of any student who exhibits a substantial
477 deficiency in reading, as described in paragraph (a), must be
478 notified in writing of the following:
479 1. That his or her child has been identified as having a
480 substantial deficiency in reading, including a description and
481 an explanation, in terms understandable to the parent, of the
482 exact nature of the student’s difficulty in learning and lack of
483 achievement in reading.
484 2. A description of the current services that are provided
485 to the child.
486 3. A description of the proposed intensive interventions
487 supplemental instructional services and supports that will be
488 provided to the child that are designed to remediate the
489 identified area of reading deficiency.
490 4. That if the child’s reading deficiency is not remediated
491 by the end of grade 3, the child must be retained unless he or
492 she is exempt from mandatory retention for good cause.
493 5. Opportunities to observe effective instruction and
494 intervention strategies in the classroom; receive literacy
495 instruction from the school or through community adult literacy
496 initiatives; and receive strategies, including multisensory
497 strategies, through a read-at-home plan that the parent can for
498 parents to use in helping his or her their child succeed in
499 reading proficiency.
500 6. That the statewide, standardized English Language Arts
501 assessment is not the sole determiner of promotion and that
502 additional evaluations, portfolio reviews, and assessments are
503 available to the child to assist parents and the school district
504 in knowing when a child is reading at or above grade level and
505 ready for grade promotion.
506 7. The district’s specific criteria and policies for a
507 portfolio as provided in subparagraph (6)(b)4. and the evidence
508 required for a student to demonstrate mastery of Florida’s
509 academic standards for English Language Arts. A parent of a
510 student in grade 3 who is identified anytime during the year as
511 being at risk of retention may request that the school
512 immediately begin collecting evidence for a portfolio.
513 8. The district’s specific criteria and policies for
514 midyear promotion. Midyear promotion means promotion of a
515 retained student at any time during the year of retention once
516 the student has demonstrated ability to read at grade level.
518 After initial notification, the school shall apprise the parent
519 of the student’s progress in response to the intensive
520 interventions and supports at least once every 2 weeks. These
521 communications must be in writing and must explain any
522 additional interventions or supports that will be used to
523 accelerate the student’s progress if the interventions and
524 supports already being implemented have not resulted in
526 (d) The Department of Education shall develop a handbook
527 that schools must provide to the parent of a student who is
528 identified as having a substantial reading deficiency. The
529 handbook must be made available in an electronic format that is
530 accessible online and must include the following information:
531 1. An overview of the requirements for interventions and
532 supports that districts must provide to students who do not make
533 adequate academic progress.
534 2. An overview of the procedural requirements for
535 initiating and conducting evaluations for exceptional education
536 eligibility. The overview must include an explanation that a
537 diagnosis of a medical condition alone is not sufficient to
538 establish exceptional education eligibility but may be used to
539 document how that condition relates to the student’s eligibility
540 determination and may be disclosed in an eligible student’s
541 individual education plan (IEP) when necessary to inform school
542 personnel responsible for implementing the IEP.
543 3. Characteristics of conditions associated with learning
544 disorders, including dyslexia, dysgraphia, dyscalculia, and
545 developmental aphasia.
546 4. A list of resources that support informed parent
547 involvement in decisionmaking processes for students who have
548 difficulty with learning.
549 (6) ELIMINATION OF SOCIAL PROMOTION.—
550 (b) The district school board may only exempt students from
551 mandatory retention, as provided in paragraph (5)(b), for good
552 cause. A student who is promoted to grade 4 with a good cause
553 exemption shall be provided intensive reading instruction and
554 intervention that include specialized diagnostic information and
555 specific reading strategies to meet the needs of each student so
556 promoted. The school district shall assist schools and teachers
557 with the implementation of explicit, systematic, and
558 multisensory reading instruction and intervention strategies for
559 students promoted with a good cause exemption which research has
560 shown to be successful in improving reading among students who
561 have reading difficulties. Good cause exemptions are limited to
562 the following:
563 1. Limited English proficient students who have had less
564 than 2 years of instruction in an English for Speakers of Other
565 Languages program based on the initial date of entry into a
566 school in the United States.
567 2. Students with disabilities whose individual education
568 plan indicates that participation in the statewide assessment
569 program is not appropriate, consistent with the requirements of
570 s. 1008.212.
571 3. Students who demonstrate an acceptable level of
572 performance on an alternative standardized reading or English
573 Language Arts assessment approved by the State Board of
575 4. A student who demonstrates through a student portfolio
576 that he or she is performing at least at Level 2 on the
577 statewide, standardized English Language Arts assessment.
578 5. Students with disabilities who take the statewide,
579 standardized English Language Arts assessment and who have an
580 individual education plan or a Section 504 plan that reflects
581 that the student has received intensive instruction in reading
582 or English Language Arts for more than 2 years but still
583 demonstrates a deficiency and was previously retained in
584 kindergarten, grade 1, grade 2, or grade 3.
585 6. Students who have received intensive reading
586 intervention for 2 or more years but still demonstrate a
587 deficiency in reading and who were previously retained in
588 kindergarten, grade 1, grade 2, or grade 3 for a total of 2
589 years. A student may not be retained more than once in grade 3.
590 7. Students who have received intensive remediation in
591 reading or English Language Arts for 2 or more years but still
592 demonstrate a deficiency and who were previously retained in
593 kindergarten, grade 1, grade 2, or grade 3 for a total of 2
594 years. Intensive instruction for students so promoted must
595 include an altered instructional day that includes specialized
596 diagnostic information and specific reading strategies for each
597 student. The district school board shall assist schools and
598 teachers to implement reading strategies that research has shown
599 to be successful in improving reading among low-performing
601 (7) SUCCESSFUL PROGRESSION FOR RETAINED THIRD GRADE
603 (a) Students retained under the provisions of paragraph
604 (5)(b) must be provided intensive interventions in reading to
605 ameliorate the student’s specific reading deficiency and prepare
606 the student for promotion to the next grade. These
607 interventions , as identified by a valid and reliable diagnostic
608 assessment. This intensive intervention must include:
609 1. Evidence-based, explicit, systematic, and multisensory
610 reading instruction in phonemic awareness, phonics, fluency,
611 vocabulary, and comprehension and other strategies prescribed by
612 the school district. effective instructional strategies,
613 2. Participation in the school district’s summer reading
614 camp, which must incorporate the instructional and intervention
615 strategies under subparagraph 1 , and appropriate teaching
616 methodologies necessary to assist those students in becoming
617 successful readers, able to read at or above grade level, and
618 ready for promotion to the next grade.
619 3. A minimum of 90 minutes of daily, uninterrupted reading
620 instruction incorporating the instructional and intervention
621 strategies under subparagraph 1. This instruction may include:
622 (b) Each school district shall:
623 1. Provide third grade students who are retained under the
624 provisions of paragraph (5)(b) with intensive instructional
625 services and supports to remediate the identified areas of
626 reading deficiency, including participation in the school
627 district’s summer reading camp as required under paragraph (a)
628 and a minimum of 90 minutes of daily, uninterrupted,
629 scientifically research-based reading instruction which includes
630 phonemic awareness, phonics, fluency, vocabulary, and
631 comprehension and other strategies prescribed by the school
632 district, which may include, but are not limited to:
633 a. Integration of content-rich, nonfiction texts in science
634 and social studies content within the 90-minute block.
635 b. Small group instruction.
636 c. Reduced teacher-student ratios.
637 d. More frequent progress monitoring.
638 e. Tutoring or mentoring.
639 f. Transition classes containing 3rd and 4th grade
641 g. Extended school day, week, or year.
642 (b) Each school district shall:
643 1. 2. Provide written notification to the parent of a
644 student who is retained under the provisions of paragraph (5)(b)
645 that his or her child has not met the proficiency level required
646 for promotion and the reasons the child is not eligible for a
647 good cause exemption as provided in paragraph (6)(b). The
648 notification must comply with paragraph (5)(c) the provisions of
649 s. 1002.20(15) and must include a description of proposed
650 interventions and supports that will be provided to the child to
651 remediate the identified areas of reading deficiency.
652 2. 3. Implement a policy for the midyear promotion of a
653 student retained under the provisions of paragraph (5)(b) who
654 can demonstrate that he or she is a successful and independent
655 reader and performing at or above grade level in reading or,
656 upon implementation of English Language Arts assessments,
657 performing at or above grade level in English Language Arts.
658 Tools that school districts may use in reevaluating a student
659 retained may include subsequent assessments, alternative
660 assessments, and portfolio reviews, in accordance with rules of
661 the State Board of Education. Students promoted during the
662 school year after November 1 must demonstrate proficiency levels
663 in reading equivalent to the level necessary for the beginning
664 of grade 4. The rules adopted by the State Board of Education
665 must include standards that provide a reasonable expectation
666 that the student’s progress is sufficient to master appropriate
667 grade 4 level reading skills.
668 3. 4. Provide students who are retained under the provisions
669 of paragraph (5)(b) with a highly effective teacher as
670 determined by the teacher’s performance evaluation under s.
671 1012.34, and, beginning July 1, 2018, the teacher must also be
672 certified or endorsed in reading.
673 4. 5. Establish at each school, when applicable, an
674 intensive reading acceleration course Class for any student
675 retained in grade 3 who was previously retained in kindergarten,
676 grade 1, or grade 2 students who subsequently score Level 1 on
677 the required statewide, standardized assessment identified in s.
678 1008.22. The focus of the Intensive Acceleration Class shall be
679 to increase a child’s reading and English Language Arts skill
680 level at least two grade levels in 1 school year. The intensive
681 reading acceleration course must provide the following Class
683 a. Uninterrupted reading instruction for the majority of
684 student contact time each day and opportunities to master the
685 grade 4 Next Generation Sunshine State Standards in other core
686 subject areas through content-rich, nonfiction texts.
687 b. Small group instruction.
688 c. Reduced teacher-student ratios.
689 d. The use of explicit, systematic, and multisensory
690 reading interventions, including intensive language and
691 vocabulary instruction and use of a speech-language therapist if
692 necessary, that have proven results in accelerating student
693 reading achievement within the same school year.
694 e. A read-at-home plan.
695 a. Be provided to a student in grade 3 who scores Level 1
696 on the statewide, standardized English Language Arts assessment
697 and who was retained in grade 3 the prior year because of
698 scoring Level 1.
699 b. Have a reduced teacher-student ratio.
700 c. Provide uninterrupted reading instruction for the
701 majority of student contact time each day and incorporate
702 opportunities to master the grade 4 Next Generation Sunshine
703 State Standards in other core subject areas.
704 d. Use a reading program that is scientifically research
705 based and has proven results in accelerating student reading
706 achievement within the same school year.
707 e. Provide intensive language and vocabulary instruction
708 using a scientifically research-based program, including use of
709 a speech-language therapist.
710 (8) ANNUAL REPORT.—
711 (a) In addition to the requirements in paragraph (5)(b),
712 each district school board must annually report to the parent of
713 each student the progress of the student toward achieving state
714 and district expectations for proficiency in English Language
715 Arts, science, social studies, and mathematics. The district
716 school board must report to the parent the student’s results on
717 each statewide, standardized assessment. The evaluation of each
718 student’s progress must be based upon the student’s classroom
719 work, observations, tests, district and state assessments,
720 response to intensive interventions provided under paragraph
721 (5)(a), and other relevant information. Progress reporting must
722 be provided to the parent in writing in a format adopted by the
723 district school board.
724 Section 10. Subsection (5) of section 1008.345, Florida
725 Statutes, is amended to read:
726 1008.345 Implementation of state system of school
727 improvement and education accountability.—
728 (5) The commissioner shall annually report to the State
729 Board of Education and the Legislature and recommend changes in
730 state policy necessary to foster school improvement and
731 education accountability. The report shall include:
732 (a) For each school district:
733 1. The percentage of students, by school and grade level,
734 demonstrating learning growth in English Language Arts and
736 2. The percentage of students, by school and grade level,
737 in both the highest and lowest quartiles demonstrating learning
738 growth in English Language Arts and mathematics.
739 3. The information contained in the school district’s
740 annual report required under s. 1008.25(8).
741 (b) Intervention and support strategies used by school
742 districts boards whose students in both the highest and lowest
743 quartiles exceed the statewide average learning growth for
744 students in those quartiles.
745 (c) Intervention and support strategies used by school
746 districts boards whose schools provide educational services to
747 youth in Department of Juvenile Justice programs that
748 demonstrate learning growth in English Language Arts and
749 mathematics that exceeds the statewide average learning growth
750 for students in those subjects.
751 (d) Based upon a review of each school district’s reading
752 plan submitted pursuant to s. 1011.62(9), intervention and
753 support strategies used by school districts that were effective
754 in improving the reading performance of students, as indicated
755 by student performance data, who are identified as having a
756 substantial reading deficiency pursuant to s. 1008.25(5)(a).
758 School reports shall be distributed pursuant to this subsection
759 and s. 1001.42(18)(c) and according to rules adopted by the
760 State Board of Education.
761 Section 11. Subsection (2) of section 1011.67, Florida
762 Statutes, is amended to read:
763 1011.67 Funds for instructional materials.—
764 (2)(a) Annually by July 1 and before prior to the release
765 of instructional materials funds, each district school
766 superintendent shall certify to the Commissioner of Education
767 that the district school board has approved a comprehensive
768 staff development plan that supports fidelity of implementation
769 of instructional materials programs, including . The report shall
770 include verification that training was provided; and that the
771 materials are being implemented as designed; and, beginning
772 April 1, 2019, for core reading materials and supplemental
773 intervention reading materials used in kindergarten through
774 grade 5, that the materials have been identified by the Just
775 Read, Florida! Office as meeting the requirements of s.
776 1001.215(11). This paragraph does not preclude school districts
777 from purchasing or using other materials to supplement reading
778 instruction and provide additional skills practice.
779 (b) Each district school superintendent shall, as part of
780 the certification under paragraph (a), report the number and
781 percentage of the district’s K-5 instructional personnel who
782 have received training to implement the core and supplemental
783 intervention reading materials. The district school
784 superintendent shall also report the process and timeline by
785 which the remaining K-5 personnel will be provided the training,
786 including those newly hired by the district.
787 Section 12. Section 1012.567, Florida Statutes, is created
788 to read:
789 1012.567 Certification and endorsement of elementary
790 reading instructors.—
791 (1) CERTIFICATION.—
792 (a) Beginning January 1, 2018, a candidate for an educator
793 certificate in an area involving reading instruction or
794 intervention for any students in kindergarten through grade 6
795 must, as part of the certification process, demonstrate
796 competence in the following:
797 1. Identifying characteristics of conditions such as
798 dyslexia and other causes of diminished phonological processing
800 2. Using explicit, systematic, and multisensory approaches
801 to reading instruction and intervention that are proven to
802 improve reading performance for all students.
803 3. Using predictive and other data to make instructional
804 decisions based on individual student needs.
806 The State Board of Education shall adopt by rule the minimum
807 requirements for instruction provided by teacher preparation
808 programs and school districts for this purpose.
809 (b) Documentation of a valid professional standard teaching
810 certificate issued by another state is not sufficient to meet
811 the requirements of paragraph (a). The State Board of Education
812 shall establish a procedure by which a candidate who holds a
813 certificate issued by another state may demonstrate competence
814 as required in paragraph (a).
815 (c) The State Board of Education shall identify by rule
816 certification areas in which candidates must demonstrate
817 competence as provided in paragraph (a) as part of the
818 certification process.
819 (d) To receive initial or continued approval, a teacher
820 preparation program under s. 1004.04 or s. 1004.85 must provide
821 instruction in the skills and strategies listed in paragraph (a)
822 to candidates for certificates in the areas identified by the
823 state board pursuant to paragraph (c).
824 (2) ENDORSEMENT.—Beginning January 1, 2018, the
825 specialization requirements for an endorsement in reading
826 instruction must include at least 3 semester hours of
827 instruction in explicit, systematic, and multisensory approaches
828 to reading instruction and intervention that are proven to
829 improve reading performance for all students. This instruction
830 may be incorporated into semester hour requirements established
831 in State Board of Education rule.
832 (3) REVIEW.—By July 1, 2017, and at least once every 5
833 years thereafter, the department shall conduct a review of
834 specialization and coverage area requirements in the elementary,
835 reading, and exceptional student educational areas. At the
836 conclusion of each review, the department shall recommend to the
837 State Board of Education changes to the specialization and
838 coverage area requirements based upon any identified
839 instructional or intervention strategy proven to improve student
840 reading performance.
841 (4) STATE BOARD RULES.—The State Board of Education shall
842 adopt rules pursuant to ss. 120.536 and 120.54 as necessary to
843 implement this section.
844 Section 13. Paragraph (a) of subsection (3) of section
845 1012.585, Florida Statutes, is amended, and paragraph (f) is
846 added to that subsection, to read:
847 1012.585 Process for renewal of professional certificates.—
848 (3) For the renewal of a professional certificate, the
849 following requirements must be met:
850 (a) The applicant must earn a minimum of 6 college credits
851 or 120 inservice points or a combination thereof. For each area
852 of specialization to be retained on a certificate, the applicant
853 must earn at least 3 of the required credit hours or equivalent
854 inservice points in the specialization area. Education in
855 “clinical educator” training pursuant to s. 1004.04(5)(b) and
856 credits or points that provide training in the area of
857 scientifically researched, knowledge-based reading literacy,
858 including explicit, systematic, and multisensory approaches to
859 reading instruction and intervention; and computational skills
860 acquisition; , exceptional student education; , normal child
861 development; , and the disorders of development may be applied
862 toward any specialization area. Credits or points that provide
863 training in the areas of drug abuse, child abuse and neglect,
864 strategies in teaching students having limited proficiency in
865 English, or dropout prevention, or training in areas identified
866 in the educational goals and performance standards adopted
867 pursuant to ss. 1000.03(5) and 1008.345 may be applied toward
868 any specialization area, except specialization areas identified
869 by State Board of Education rule as involving reading
870 instruction or intervention for any students in kindergarten
871 through grade 6 under s. 1012.567(1)(c). Credits or points
872 earned through approved summer institutes may be applied toward
873 the fulfillment of these requirements. Inservice points may also
874 be earned by participation in professional growth components
875 approved by the State Board of Education and specified pursuant
876 to s. 1012.98 in the district’s approved master plan for
877 inservice educational training; however, such points may not be
878 used to satisfy the specialization requirements of this
879 paragraph , including, but not limited to, serving as a trainer
880 in an approved teacher training activity, serving on an
881 instructional materials committee or a state board or commission
882 that deals with educational issues, or serving on an advisory
883 council created pursuant to s. 1001.452.
884 (f) Beginning January 1, 2018, an applicant for renewal of
885 a professional certificate in any area of certification
886 identified by State Board of Education rule pursuant to s.
887 1012.567(1)(c) must earn a minimum of two college credits or the
888 equivalent inservice points in the use of explicit, systematic,
889 and multisensory approaches to reading instruction and
890 intervention. Such training must be provided by teacher
891 preparation programs under s. 1004.04 or s. 1004.85 or approved
892 school district professional development systems under s.
893 1012.98. The requirements in this paragraph may not add to the
894 total hours required by the department for continuing education
895 or inservice training.
896 Section 14. Subsection (1) of section 1012.586, Florida
897 Statutes, is amended to read:
898 1012.586 Additions or changes to certificates; duplicate
899 certificates.—A school district may process via a Department of
900 Education website certificates for the following applications of
901 public school employees:
902 (1) Addition of a subject coverage or endorsement to a
903 valid Florida certificate on the basis of the completion of the
904 appropriate subject area testing requirements of s.
905 1012.56(5)(a) or the completion of the requirements of an
906 approved school district program or the inservice components for
907 an endorsement. To reduce duplication, the department may
908 recommend the consolidation of endorsement areas and
909 requirements to the State Board of Education.
911 The employing school district shall charge the employee a fee
912 not to exceed the amount charged by the Department of Education
913 for such services. Each district school board shall retain a
914 portion of the fee as defined in the rules of the State Board of
915 Education. The portion sent to the department shall be used for
916 maintenance of the technology system, the web application, and
917 posting and mailing of the certificate.
918 Section 15. Paragraph (e) is added to subsection (3) of
919 section 1012.98, Florida Statutes, and paragraph (b) of
920 subsection (4) of that section is amended, to read:
921 1012.98 School Community Professional Development Act.—
922 (3) The activities designed to implement this section must:
923 (e) Provide all elementary grades instructional personnel
924 without a reading endorsement with training sufficient to earn
925 the endorsement before attainment or renewal of a professional
926 certificate pursuant to s. 1012.56 or s. 1012.585.
927 (4) The Department of Education, school districts, schools,
928 Florida College System institutions, and state universities
929 share the responsibilities described in this section. These
930 responsibilities include the following:
931 (b) Each school district shall develop a professional
932 development system as specified in subsection (3). The system
933 shall be developed in consultation with teachers, teacher
934 educators of Florida College System institutions and state
935 universities, business and community representatives, and local
936 education foundations, consortia, and professional
937 organizations. The professional development system must:
938 1. Be approved by the department. All substantial revisions
939 to the system shall be submitted to the department for review
940 for continued approval.
941 2. Be based on analyses of student achievement data and
942 instructional strategies and methods that support rigorous,
943 relevant, and challenging curricula for all students. Schools
944 and districts, in developing and refining the professional
945 development system, shall also review and monitor school
946 discipline data; school environment surveys; assessments of
947 parental satisfaction; performance appraisal data of teachers,
948 managers, and administrative personnel; and other performance
949 indicators to identify school and student needs that can be met
950 by improved professional performance.
951 3. Provide inservice activities coupled with followup
952 support appropriate to accomplish district-level and school
953 level improvement goals and standards. The inservice activities
954 for instructional personnel shall focus on analysis of student
955 achievement data, ongoing formal and informal assessments of
956 student achievement, identification and use of enhanced and
957 differentiated instructional strategies that emphasize rigor,
958 relevance, and reading in the content areas, enhancement of
959 subject content expertise, integrated use of classroom
960 technology that enhances teaching and learning, classroom
961 management, parent involvement, and school safety.
962 4. Include a master plan for inservice activities, pursuant
963 to rules of the State Board of Education, for all district
964 employees from all fund sources. The master plan shall be
965 updated annually by September 1, must be based on input from
966 teachers and district and school instructional leaders, and must
967 use the latest available student achievement data and research
968 to enhance rigor and relevance in the classroom. Each district
969 inservice plan must be aligned to and support the school-based
970 inservice plans and school improvement plans pursuant to s.
971 1001.42(18). Each district inservice plan must provide a
972 description of the training that middle grades instructional
973 personnel and school administrators receive on the district’s
974 code of student conduct adopted pursuant to s. 1006.07;
975 integrated digital instruction and competency-based instruction
976 and CAPE Digital Tool certificates and CAPE industry
977 certifications; classroom management; student behavior and
978 interaction; extended learning opportunities for students; and
979 instructional leadership. District plans must be approved by the
980 district school board annually in order to ensure compliance
981 with subsection (1) and to allow for dissemination of research
982 based best practices to other districts. District school boards
983 must submit verification of their approval to the Commissioner
984 of Education no later than October 1, annually. Each school
985 principal may establish and maintain an individual professional
986 development plan for each instructional employee assigned to the
987 school as a seamless component to the school improvement plans
988 developed pursuant to s. 1001.42(18). An individual professional
989 development plan must be related to specific performance data
990 for the students to whom the teacher is assigned, define the
991 inservice objectives and specific measurable improvements
992 expected in student performance as a result of the inservice
993 activity, and include an evaluation component that determines
994 the effectiveness of the professional development plan.
995 5. Include inservice activities for school administrative
996 personnel that address updated skills necessary for
997 instructional leadership and effective school management
998 pursuant to s. 1012.986.
999 6. Provide for systematic consultation with regional and
1000 state personnel designated to provide technical assistance and
1001 evaluation of local professional development programs.
1002 7. Provide for delivery of professional development by
1003 distance learning and other technology-based delivery systems to
1004 reach more educators at lower costs.
1005 8. Provide for the continuous evaluation of the quality and
1006 effectiveness of professional development programs in order to
1007 eliminate ineffective programs and strategies and to expand
1008 effective ones. Evaluations must consider the impact of such
1009 activities on the performance of participating educators and
1010 their students’ achievement and behavior.
1011 9. For middle grades, emphasize:
1012 a. Interdisciplinary planning, collaboration, and
1014 b. Alignment of curriculum and instructional materials to
1015 the state academic standards adopted pursuant to s. 1003.41.
1016 c. Use of small learning communities; problem-solving,
1017 inquiry-driven research and analytical approaches for students;
1018 strategies and tools based on student needs; competency-based
1019 instruction; integrated digital instruction; and project-based
1022 Each school that includes any of grades 6, 7, or 8 must include
1023 in its school improvement plan, required under s. 1001.42(18), a
1024 description of the specific strategies used by the school to
1025 implement each item listed in this subparagraph.
1026 10. Provide training to reading coaches, classroom
1027 teachers, and school administrators in effective methods of
1028 identifying characteristics of conditions such as dyslexia and
1029 other causes of diminished phonological processing skills;
1030 incorporating instructional techniques into the general
1031 education setting that are proven to improve reading performance
1032 for all students; and using predictive and other data to make
1033 instructional decisions based on individual student needs. The
1034 training must help teachers integrate phonemic awareness;
1035 phonics, word study, and spelling; reading fluency; vocabulary,
1036 including academic vocabulary; and text comprehension strategies
1037 into an explicit, systematic, and multisensory approach to
1038 reading instruction and intervention.
1039 Section 16. This act shall take effect upon becoming a law.